CITY OF YORBA LINDA Land of Gracious Living CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING MINUTES AUGUST 18, 2015 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING CONVENING AT 5:30 P.M. CALL TO ORDER The City Council/Successor Agency to the Yorba Linda Redevelopment Agency convened at 5:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Litfin, Pulone PAGE 1
ANNOUNCEMENT OF CLOSED SESSION ITEMS CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY MANAGER Government Code Section 54957 B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: APNS: 323-321-01, 323-321-02, 323-321-03, 323-321-04, 323-321-05, 323-321-06, 323-321-07, 323-321-08, 323-321-09, 323-321-11, 323-322-02, 323-322-03, 323-322-04, 323-322-05, 323-322-06, 323-322-07, 323-322-08, 323-322-09, 323-322-10, 323-323-03, 323-323-04, 323-323-14, 323-323-15, 323-323-17, 323-323-23, 323-323-24, 323-323-25, 323-324-02, 323-324-03, 323-324-04, 323-324-05, 323-324-06, 323-324-07, 323-324-08, 323-323-26, 323-324-15, and 323-324-16 City Negotiators: City Manager Pulone Property Negotiators: Zelman Retail Partners, Inc. Under Negotiation: Purchase and Sale Agreement/Price and Terms C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION Government Code Section 54956.9(d)(2) (3 cases) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) (1 case) Name of Case: Case Number: Protect Our Homes and Hills et. al. v. City of Yorba Linda et. al. 30-2015-00797300-CU-TT-CXC, Superior Court, County of Orange City Attorney Todd Litfin stated that as consistent with previous practice, Councilman Lindsey would be recusing himself because he has a potential conflict under Government Code section 87100 for this matter. PAGE 2
E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) (1 case) Name of Case: Case Number: City of Yorba Linda v. Sioson et al. 30-2014-00709123-CU-EI-CJC, Superior Court, County of Orange PUBLIC COMMENT ON CLOSED SESSION ITEMS CONVENE INTO CLOSED SESSION The City Council convened into Closed Session at 5:31 p.m. RECESS PAGE 3
CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING RECONVENING AT 6:30 P.M. CALL TO ORDER The City Council/Successor Agency to the Yorba Linda Redevelopment Agency reconvened at 6:31 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Brown, Christian, Harris, Kudron, Lagaret, Litfin, Lixey, Pulone, Wolfe PLEDGE OF ALLEGIANCE City Manager Mark Pulone INVOCATION First Counselor Bishopric Craig Willardson, The Church of Jesus Christ of Latter-Day Saints CLOSED SESSION REPORT City Attorney Litfin said there was no reportable action on the Closed Session items. INTRODUCTIONS & PRESENTATIONS YORBA LINDA WATER DISTRICT QUARTERLY UPDATE GIVEN BY BOARD PRESIDENT RIC COLLETT Ric Collett, Yorba Linda Water District (YLWD) President, gave an update on the water usage and drought measures for the City of Yorba Linda. He thanked all of the residents for their efforts and said that the YLWD reported 43% conservation to the State Water Resources Control Board for the month of July. Mr. Collett also outlined the steps that YLWD has taken to meet the 36% state mandate and noted the negative effects of the mandate beginning with a $9 million reduction of revenue and forcing an accelerated increase of fees for basic service from a gradual five year plan to a one year plan to replace lost revenue and avoid bond default. PAGE 4
ACCELA PERMITTING SOFTWARE DEMONSTRATION Accela representative Dave Avila provided a demonstration of the Accela permitting software citizen portal to show how the public can obtain building, code, engineering, and planning records on the City s website. UPDATE OF LAW ENFORCEMENT SERVICES GIVEN BY CHIEF OF POLICE SERVICES, LT. LANE LAGARET Chief of Police Services Lt. Lane Lagaret provided a PowerPoint presentation and gave an update of law enforcement services for the month of July. PUBLIC COMMENTS Mayor Hernandez informed the public that the City received a request from the East Lake Village Community Homeowner's Association Board of Directors to initiate a Proposition 218 vote. Council discussion ensued. City Attorney Litfin said that it was staff's intent to bring forward the initial authorization of a Proposition 218 vote at a future Council meeting. The following people expressed their concerns of the Yorba Linda Water District s proposed water rate increases and voiced their opinions on the matter: Eddy Jackson, Jon Hansen, Phillip Knypstra, Pat Nelson, Bob Dodson, John Garnant, Judy Murray PUBLIC HEARINGS WERE TAKEN AT THIS TIME BUT PRESENTED IN THEIR RESPECTIVE PLACE ON THE AGENDA CONSENT CALENDAR Mayor Pro Tem Lindsey pulled Item No. 7 from the Consent Calendar. It was MOVED/SECONDED LINDSEY/SCHWING - to approve the Consent Calendar with removal of Item No. 7. MOTION CARRIED by the following roll call vote: PAGE 5
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA The City Council/Successor Agency to the Yorba Linda Redevelopment Agency waived reading in full of all ordinances and resolutions on the agenda and declared that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. 2. ACCOUNTS PAYABLE WARRANT LISTS The City Council/Successor Agency to the Yorba Linda Redevelopment Agency approved the Accounts Payable Warrant Lists. 3. APPROVAL OF THE MINUTES OF THE AUGUST 4, 2015 CITY COUNCIL SPECIAL MEETING The City Council approved the minutes of the August 4, 2015 City Council Special meeting. 4. APPROVAL OF THE MINUTES OF THE AUGUST 4, 2015 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING The City Council/Successor Agency to the Yorba Linda Redevelopment Agency approved the minutes of the August 4, 2015 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting. 5. REVIEW OF AND RESPONSE TO 2014-15 ORANGE COUNTY GRAND JURY REPORT, "THE ORANGE COUNTY ANIMAL SHELTER: THE FACILITY, THE FUNCTION, THE FUTURE" The City Council reviewed the 2014-15 Orange County Grand Jury ("Grand Jury") Report entitled "The Orange County Animal Shelter: the Facility, the Function, the Future," and proposed response to the recommendation applicable to the City of Yorba Linda; and directed staff to implement the action proposed in response to the Grand Jury's recommendation applicable to the City; and authorized the Mayor to execute the City Council's response to the Presiding Judge of the Superior Court, prior to August 19, 2015. 6. APPROVAL OF FINAL TRACT MAP NO. 17648 AND ACCEPTANCE OF SUBDIVISION IMPROVEMENT AGREEMENT AND BONDS, MELIA HOMES DBA YLTICEM2015 LLC The City Council approved Tract Map No. 17648 and authorized the City Clerk to certify the record map upon completion of any technical corrections required by the City Engineer; and authorized the Mayor to sign and the City Clerk to attest the Subdivision Improvement Agreement, and authorized the City Clerk to accept the following bonds: Public Improvement Performance Bond, No. PB10163700359, $249,000.00, Public Improvement Labor and Material Bond, No. PB10163700359, $249,000.00, and Subdivision Monument Bond, No. PB10163700360, $4,500.00. PAGE 6
7. Removed 8. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS - BASTANCHURY ROAD IMPROVEMENTS FROM PROSPECT AVENUE TO IMPERIAL HIGHWAY The City Council approved the plans and specifications for the Bastanchury Road Improvements from Prospect Avenue to Imperial Highway; authorized the advertising of bids for the project; and authorized the City Engineer to approve minor revisions to the plans and specifications as necessary to provide the efficiencies during the advertisement and construction period. 9. COUNCIL COMMITTEE AND AGENCY REPORTS The City Council received and filed this report. End of Consent Calendar ITEM 7 ADOPTION OF ORDINANCE NO. 2015-1015, ENACTING YORBA LINDA MUNICIPAL CODE SECTION 2.40.670 TO AMEND THE CONTRACT BETWEEN THE CITY OF YORBA LINDA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM Mayor Pro Tem Lindsey asked staff to explain the CalPERs ordinance to the members of the public. City Attorney Litfin said that this ordinance pertains to the employees Memorandum of Understanding (MOUs) and the implementation of Measure JJ, which eliminates the future Councilmember pension and health care benefits. Assistant to the City Manager Mark Aalders also added that the City has participated in labor negotiations with the two employee groups agreeing to the additional 1% employee contribution to the California Public Employee Retirement System (CalPERS) with a full 7% employee share towards their PERs retirement. Council discussion ensued. It was MOVED/SECONDED LINDSEY/YOUNG - to adopt Ordinance No. 2015-1015, enacting Yorba Linda Municipal Code Section 2.40.670 to amend the contract between the City of Yorba Linda and the Board of Administration of the California Public Employees' Retirement System. MOTION CARRIED by the following roll call vote: PAGE 7
PUBLIC HEARINGS 10. RESOLUTION NO. 2015-5328, DECLARING A PRIVATE PROPERTY LOCATED AT 21890 CARDIFF DRIVE IN THE CITY OF YORBA LINDA A PUBLIC NUISANCE a. Open Public Hearing Mayor Hernandez opened the public hearing. b. Staff Report - Community Development Director Steve Harris introduced Community Preservation Officer Kim Figal who gave an overview of the staff report and responded to Council questions. c. Take Testimony - d. Close Public Hearing Mayor Hernandez closed the public hearing. e. Make Determination It was MOVED/SECONDED LINDSEY/HERNANDEZ - to adopt Resolution No. 2015-5328, declaring a private property located at 21890 Cardiff Drive in the City of Yorba Linda a public nuisance. MOTION CARRIED by the following roll call vote: 11. RESOLUTION NO. 2015-5329, DECLARING A PRIVATE PROPERTY LOCATED AT 18182 HUTCHINGS DRIVE IN THE CITY OF YORBA LINDA A PUBLIC NUISANCE a. Open Public Hearing Mayor Hernandez opened the public hearing. b. Staff Report Community Development Director Harris stated that a relative of the deceased property owner abated the public nuisance at 18182 Hutchings Drive. He recommended that after public comment, the Council close the public hearing and receive and file the report. c. Take Testimony - d. Close Public Hearing Mayor Hernandez closed the public hearing. e. Make Determination It was MOVED/SECONDED LINDSEY/HERNANDEZ to receive and file the report. MOTION CARRIED by the following roll call vote: PAGE 8
12. ORDINANCE NO. 2015-1017 - ZONING CODE AMENDMENT 2015-02 RELATING TO THE REGULATION OF RESIDENTIAL SOLAR ENERGY SYSTEMS a. Open Public Hearing Mayor Hernandez opened the public hearing. b. Staff Report - Community Development Director Harris gave an overview of the staff report and responded to Council questions. c. Take Testimony - d. Close Public Hearing Mayor Hernandez closed the public hearing. e. Make Determination It was MOVED/SECONDED YOUNG/LINDSEY - to approve for first reading Ordinance No. 2015-1017, approving Zoning Code Amendment 2015-02 relating to the regulation of residential solar energy systems. Mayor Pro Tem Lindsey inquired about issues that might occur with neighbors regarding solar energy systems. He questioned why Council was being asked to vote on regulations already imposed by the state. MOTION CARRIED by the following roll call vote: Hernandez, Huang, Schwing, Young Lindsey CONTINUED PUBLIC COMMENTS Julia Schultz, resident, voiced her opinions about the Yorba Linda Water District water rate increases and stated that they have been proactive with steps to keep the water rates low. Rosemarie Sauer, resident, stated that there was no point for the public to criticize the Council and the Yorba Linda Water District about the proposed water rate increases when the mandates were directed by the State. CITY MANAGER'S REPORT/MAYOR'S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/OTHER AGENCY REPORTS City Manager Pulone responded to previous public comment and said the City currently has several residential housing developments and that information on all of them can be found on the City's website. Mayor Pro Tem Lindsey spoke about the 43% water conservation efforts for the month of July, and commended those who considerably reduced their water consumption. PAGE 9
Councilmember Young encouraged the community to take advantage of the extra savings during the rainy months because it is important to exceed the conservation efforts during the drought. Councilmember Huang stated that the West Nile Virus is active in Orange County and cautioned the public to follow the preventive measures suggested by the Orange County Mosquito and Vector Control District. Mayor Hernandez stated that the Orange County Fire Authority is advocating drowning prevention education countywide. RECESS: Mayor Hernandez called a recess at 8:45 p.m. and reconvened the meeting at 8:54 p.m. ADMINISTRATIVE REPORTS 13. REPORT OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING - Tabled 14. CONSOLIDATED SUMMARY REPORT SAVI RANCH LAND USE AND MOBILITY VISION PLAN Tabled 15. FISCAL YEAR 2015-2016 AND 2016-2017 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGETS Mayor Hernandez suggested continuing the item due to the late hour. City Manager Pulone asked Council if they desired to conduct a special meeting before the regularly scheduled meeting on September 15 th to solely discuss the operating and capital improvement program budgets. There was Council consensus to conduct a special meeting on September 15 th before the regularly scheduled meeting. 16. WATER CONSERVATION UPDATE - AUGUST 18, 2015 REPORT City Manager Pulone stated that staff will continue to update the Council on the progress made to reduce the water consumption in the City relative to the State of California mandates. He said that there was no Council action required at this time and recommended to receive and file the report. There was Council consensus to receive and file the Water Conservation Update - August 18, 2015 Report. PAGE 10
17. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) MAINTENANCE LOCATION GUIDELINES Public Works Director/City Engineer Michael Wolfe gave an overview of the staff report and responded to Council questions. The following people spoke in opposition to a Proposition 218 vote for LMAD issues and said that there needs to be consistency in all City zones, not just in East Lake Village: Cindy Beyl, Tom Beyl, Mark Stowell, Kay Dotson, Ed Rakochy Paige H. Gosney of Jackson, DeMarco, Tidus, Peckenpaugh, Attorney for the East Lake Village Community Association, spoke about misconceptions with the LMAD location guidelines. He recommended that Council let the constituents decide for themselves on whether they want to pay the additional landscape maintenance costs necessary to stay in the district, and to have the City continue maintaining the landscape as they have done for 35 years. City Attorney Litfin stated that he disagrees with the argument that these types of easements are not transferable, and added that there are different ways to effectuate the same purpose. The following people spoke in favor of a Proposition 218 vote and that the City continue maintaining the East Lake Village landscape maintenance assessment areas: Susan Janowicz, Eastlake Village General Manager, Bridget Blehm, Candice Hamparsumian, Sam Carswell, Larry Aguilar, Ben Greenland, Doug Harmon, Rose Bushey Lee Day, resident, commented that the Johnson-Frank study states that some of the maintenance responsibilities were to be returned to the East Lake Village Community at the time of build-out and that perhaps now was a good time to do that. Marissa Mallory, resident, inquired about an agreement between the City and Shapell for easement access rights within East Lake Village. Walter Bruckner, resident, asked how a Proposition 218 vote would be effective if a financial analysis was not conducted in the East Lake Village Community. A lengthy Council discussion ensued. PAGE 11
It was MOVED/SECONDED YOUNG/LINDSEY - to approve the Landscape Maintenance Assessment District (LMAD) Maintenance Location Guidelines incorporating the Landscape Maintenance Citizen Advisory Committee s (LMCAC) recommended changes 1, 2, and 3 and apply only after a Proposition 218 vote is conducted for the deficit funded zones. MOTION CARRIED by the following roll call vote: 18. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) PRIOR CITY COUNCIL DIRECTION Public Works Director/City Engineer Michael Wolfe gave an overview of the staff report and responded to Council questions. Kay Dotson, resident, stated that there needs to be consistency throughout the LMAD and the entire city. She recommended slope solutions for the East Lake Village Community Association as well as estimated costs. Sam Carswell, resident, suggested that the City conduct a Proposition 218 vote for all deficit funded areas in the City to be fair and equitable. Paige H. Gosney of Jackson, DeMarco, Tidus, Peckenpaugh, Attorney for the Eastlake Village Community Association, clarified a point about the East Lake Village Homeowner Association s ability to spread out costs for maintaining landscaping for over 2,200 private properties. He said that the Association would have to negotiate for the access easement and cost sharing rights. City Attorney Litfin stated that the City s maintenance on property where the City has no easement does not constitute a gift of public funds under the California Constitution. Eddy Jackson, resident, addressed his concerns regarding easement rights, underfunded zones, water costs, and other matters regarding landscape maintenance. Mark Stowell, resident, stated that the City must educate the public first before proposing cessation of landscape maintenance in specific LMAD and non-lmad areas. He said that the City maintains acres of private slopes that have no public benefit and should be removed from the LMAD. Judy Murray, resident, agreed with the previous speaker and voiced her opinions on the matter. Candice Hamparsumian, resident, stated that everyone in Yorba Linda benefits from the East Lake Village amenities and that the East Lake Village Community raises property values for the rest of the City. PAGE 12
Randy Kuroda, resident, spoke about California Civil Code 1009 which applies to private lands where a governmental agency is using public funds to maintain improvements. Council discussion ensued. Councilmember Huang stated that she has been very unwilling to continue to allow the City to subsidize any piece of property where an easement does not exist. She said that her intent is to move forward, specifically on staff s recommendation on those pieces of property where we don t have an easement. It was MOVED/SECONDED YOUNG/SCHWING to direct staff to reassess the 46 locations using the LMAD Maintenance Location Guidelines, making changes if necessary and send out notification letters, as soon as possible after a Proposition 218 vote for deficit funded zones; and to direct staff to immediately begin removing from the LMAD those properties that the City does not have easements on as long as the City first approaches the property owners to ask if they are willing to grant an easement. A lengthy Council discussion ensued. Mayor Pro Tem Lindsey pointed out that some properties on the list are not in deficit zones and preferred that the easement issue not be mixed with the Proposition 218 vote. Councilmember Young AMENDED THE MOTION/SECONDED BY SCHWING to direct staff to reassess the 46 locations using the LMAD Maintenance Location Guidelines, making changes if necessary and send out notification letters, as soon as possible after a Proposition 218 vote for deficit funded zones. MOTION CARRIED by the following roll call vote: It was MOVED/SECONDED YOUNG/SCHWING - to direct staff to immediately begin removing from the LMAD those 15 properties on the list that the City does not have easements on, as long as the City first approaches the property owners to ask if they are willing to grant an easement. MOTION CARRIED by the following roll call vote: Hernandez, Lindsey, Schwing, Young Huang RECESS: Mayor Hernandez called a recess at 11:46 p.m. and reconvened the meeting at 11:52 p.m. PAGE 13
19. COIN DISCUSSION ORDINANCE MODEL PROCESS Tabled ADJOURNMENT Mayor Hernandez adjourned the meeting at 11:58 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency Joint meeting on September 15, 2015. APPROVED BY CITY COUNCIL/SUCCESSOR AGENCY: Marcia Brown, City Clerk City of Yorba Linda PAGE 14