CITY OF YORBA LINDA Land of Gracious Living CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING MINUTES APRIL 19, 2016 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: Hernandez, Huang, Lindsey, Schwing, Young Litfin, Pulone PAGE 1
ANNOUNCEMENT OF CLOSED SESSION ITEMS CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION Government Code Section 54956.9(d)(2) (3 Cases) City Attorney Todd Litfin stated that Mayor Tom Lindsey recused himself on Closed Session Item A, Conference with Legal Counsel Anticipated Litigation, Significant Exposure to Litigation, because he has a potential conflict under Government Code section 87100 for this matter. B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION, INITIATION OF LITIGATION Government Code Section 54956.9 (d)(4) (2 Cases) C. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Section 54956.9 (d)(1) (1 Case) Name of Case: Case Number: Beyl v. City of Yorba Linda et al. 30-2015-00815529-CU-WM-CJC, Superior Court, County of Orange D. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Section 54956.9 (d)(1) (1 Case) Name of Case: Case Number: ETCO Homes v. City of Yorba Linda 30-2016-00844452-CU-WM-CJC, Superior Court, County of Orange E. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Government Code Section 54956.9 (d)(1) (1 Case) Name of Case: Successor Agency to the Yorba Linda Redevelopment Agency et al. v. State of California et al. Case Number: 34-2015-80002091 PAGE 2
F. 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, 323-324-16, 323-324-20, 323-324-21 City Negotiators: City Manager Pulone Property Negotiators: Zelman Retail Partners, Inc. Under Negotiation: Purchase and Sale Agreement/Price and Terms G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: APNS: 322-412-01, 323-151-02, 323-161-05, 323-161-07, 323-151-03, 323-161-06, 323-161-08 and 323-161-09 City Negotiators: City Manager Pulone Property Negotiators: Parties To Be Determined Under Negotiation: Price and Terms of Payment H. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: APN: 323-324-20 City Negotiators: City Manager Pulone Property Negotiators: Palmieri Tyler Under Negotiation: Price and Terms of Payment I. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.08 Property: APN: 323-324-12 City Negotiators: City Manager Pulone Property Negotiators: Joe Miller Under Negotiation: Price and Terms of Payment PAGE 3
J. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: APN: 323-324-15, 16 City Negotiators: City Manager Pulone Property Negotiators: Harry Schlitz, David Hutchison and Howard Parsell Under Negotiation: Price and Terms of Payment K. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: 18422 Lemon Drive and APNS: 323-231-08, 09 City Negotiators: City Manager Pulone Property Negotiators: Parties To Be Determined Under Negotiation: Price and Terms of Payment L. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: Employee Organizations: City Manager Pulone Yorba Linda Mid-Mgmt. Assoc., Yorba Linda Chapter of the Orange County Employees Association and Department Heads EMERGENCY ITEM ADDED City Attorney Litfin announced that an Emergency Item would be added to the Closed Session Agenda requiring a 2/3 vote of the Council. He stated that there was a need for immediate action and that the matter came to the attention of the City after the posting of the Agenda. By further explanation, City Attorney Litfin said that the City received a letter yesterday about which the City needed to take action and requested that Council vote to add the item to Closed Session under Government Code Section 54954.2(b)(2), Significant Exposure to Litigation. It was MOVED/SECONDED HERNANDEZ/SCHWING to add the following emergency item to the Agenda, which came up after the posting of the Agenda and for which there is a need for immediate action: Conference with Legal Counsel Anticipated Litigation, Significant Exposure to Litigation, Government Code Section 54954.2(b)(2). MOTION CARRIED by the following roll call vote: AYES: Hernandez, Huang, Lindsey, Schwing, Young PAGE 4
PUBLIC COMMENT ON CLOSED SESSION ITEMS None CONVENE INTO CLOSED SESSION The City Council convened into Closed Session at 5:34 p.m. RECESS PAGE 5
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 6:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Hernandez, Huang, Lindsey, Schwing, Young Brantley, Brown, Catlett, Christian, Kudron, Lagaret, Litfin, Lixey, Pulone, Wolfe PLEDGE OF ALLEGIANCE Mayor Tom Lindsey INVOCATION Deacon Denis Zaun, St. Martin de Porres Catholic Church CLOSED SESSION REPORT City Attorney Litfin said there was no reportable action on the Closed Session items. INTRODUCTIONS & PRESENTATIONS DONATE LIFE PROCLAMATION RECEIVED BY AMBASSADOR STEPHANIE MCMACKIN Mayor Lindsey presented Ambassador Stephanie McMackin with a Proclamation proclaiming April as DMV/Donate Life California Month. Ambassador McMackin thanked the Mayor and Councilmembers for the Proclamation and invited everyone to attend the Donate Life Run/Walk on April 30, 2016. PAGE 6
YORBA LINDA CHAMBER OF COMMERCE QUARTERLY UPDATE GIVEN BY PRESIDENT JIM WITHROW Yorba Linda Chamber of Commerce President Jim Withrow gave an update on the various projects and programs that the Chamber is working on including the Young Entrepreneurs Program, Ribbon Cuttings, Network Lunches and Intern Programs. Yorba Linda Chamber of Commerce Executive Director Susan Wan-Ross said they recently launched a Global International Trade series in partnership with the United States Department of Commerce and the District Export Council educating the public on the importance and benefits of local trade. UPDATE OF LAW ENFORCEMENT SERVICES AND SAFETY TIP 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 April. Lt. Lagaret spoke on exercising safety while running or walking. He suggested that people use flashlights or reflective clothing, always let someone know where they will be and to be aware of their surroundings at all times. PRESENTATION ON OPENGOV BY FINANCE DIRECTOR SCOTT CATLETT Finance Director Scott Catlett provided a PowerPoint presentation of OpenGov, the Financial Transparency Portal. He said that OpenGov would provide historical budget and financial transaction data to supplement the warrant register, enhance financial transparency and address many public records requests related to financial data. PUBLIC COMMENTS ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Wendy Donnell, resident, spoke about her property at 18031 Bastanchury Road. Nancy Stevens, resident, spoke about long time Yorba Linda resident Greg Gillaspy who was tragically killed the week before. Debbie Burks, Library Commissioner, spoke about the Library and the recent and upcoming events. Richard DeBruijn, resident, gave condolences to the family of Greg Gillaspy. Raquel Archung, said she was against aerial spraying by the Orange County Mosquito and Vector Control District. Julie Weisser, spoke against aerial spraying of chemicals by the Orange County Mosquito and Vector Control District. PAGE 7
Cadence Hamilton, said she was not in support of spraying of chemicals by the Orange County Mosquito and Vector Control District. Tasha Hamilton, said she did not support aerial spraying by the Orange County Mosquito and Vector Control District. Anita Hynds, resident, commented on water rates and the drought. Eddy Jackson, resident, talked about a robotic telephone call that he received. Mario Rodriguez, gave his condolences to the family of Greg Gillaspy. Peter Meng, resident, provided a PowerPoint presentation and spoke on special fire protection areas. Walter Bruckner, resident, gave his condolences to the family of Greg Gillaspy. He also spoke about the Landscape Maintenance Assessment District. Ronald Shirter, resident, commented on political signs. Pat Nelson, resident, spoke about the Town Center development and Council roles and responsibilities. Julia Schultz, resident, said that a scholarship was being created in the name of Greg Gillaspy. Lee Day, resident, spoke about the library and said there was always a lack of parking. Susan Janowicz, resident, asked about irrigation of certain medians within the City and timelines for the landscape transition plan. Jon Hansen, resident, commented on the vacation of easement for a property on Elk Mountain Drive. Kathi Whitaker, resident, went over the history of the community preservation issues on her property. CONSENT CALENDAR Councilmember Young pulled Item No. 5 from the Consent Calendar. It was MOVED/SECONDED - HERNANDEZ/HUANG - to approve the Consent Calendar with the removal of Item No. 5. MOTION CARRIED by the following roll call vote: PAGE 8
AYES: Hernandez, Huang, Lindsey, Schwing, Young 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. AUTHORIZATION TO APPROVE THE OCTA SENIOR MOBILITY PROGRAM AGENCY SERVICE PLAN The City Council authorized the City Manager to execute the OCTA Senior Mobility Program Agency Service Plan to continue to participate in the OCTA Senior Mobility Program and provide senior transportation within Yorba Linda. 4. APPROVAL OF THE PARTICIPATION AGREEMENT AND AGREEMENT FOR PROVISION OF ANIMAL CARE SERVICES BETWEEN THE CITY OF YORBA LINDA AND THE COUNTY OF ORANGE FOR A NEW REGIONAL ANIMAL SHELTER The City Council approved and authorized the City Manager to sign the Participation Agreement between the County of Orange and City of Yorba Linda to fund the City s proportionate share of construction costs for the new regional animal shelter at the former Tustin Marine Corps Air Station and approved and authorized the City Manager to sign the Agreement for Provision of Orange County Animal Control Care Services between the County of Orange and City of Yorba Linda to provide animal care and shelter services for a term of ten (10) years. 5. Removed 6. COUNCIL COMMITTEE AND AGENCY REPORTS The City Council received and filed this report. End of Consent Calendar PAGE 9
ITEM 5 REPORT OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING Upon inquiry from Councilmember Young about an item on the Planning Commission Agenda Summary from their April 13, 2016 meeting, City Manager Pulone explained that a proposed amendment to the Sign Code was brought before the Planning Commission and would be coming before the City Council in the near future. It was MOVED/SECONDED YOUNG/HERNANDEZ to receive and file this report. MOTION CARRIED by the following roll call vote: AYES: Hernandez, Huang, Lindsey, Schwing, Young CITY MANAGER S REPORT/MAYOR S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/OTHER AGENCY REPORTS City Manager Mark Pulone reminded everyone that the next community outreach meeting regarding the landscaping ballot information would take place on Tuesday, April 26, 2016, at Travis Ranch Elementary School at 6:00 p.m. City Manager Pulone said the final community meeting for the proposed intersection improvements at Lakeview Avenue and Buena Vista took place last week and that staff would be coming back to Council at a future meeting to discuss updates and options. Councilmember Young asked City Manager Pulone to comment on the mulch landscaping plan. City Manager Pulone said that Council took action several weeks ago to move forward in replacing turf with mulch throughout areas in city medians; there is currently a formal bid in process and staff would be returning to Council with an award of contract at the May 3, 2016 City Council meeting. Upon inquiry from Councilmember Young regarding the timing of the landscape transition plan, City Manager Pulone reported on the next steps of the landscape transition plan which will involve a Request for Proposals for both landscape architectural and public outreach services. As Council had previously directed staff, the plan will also include significant community input as well as timely planting to protect the significant monetary value of the project. Councilmember Young expressed his deepest condolences to the family of Greg Gillaspy and said that his thoughts and prayers were with the family. Councilmember Hernandez spoke about the loss of long time Yorba Linda resident and veteran Greg Gillaspy and offered his condolences to the family. PAGE 10
Councilmember Hernandez said that the Orange County Task Force on Drowning Prevention was launching a countywide media campaign in the spring of 2016. He said that the Orange County Fire Authority (OCFA), Orange County Sheriff s Department, and City of Irvine have each committed a contribution of $25,000. Mr. Hernandez said that the OCFA is inviting its 23 contract cities to participate by donating funds and asked Council to consider directing staff to bring back a report at the May 3, 2016 City Council meeting to discuss taking part in the campaign. It was MOVED/SECONDED SCHWING/YOUNG to direct staff to bring back a report at the May 3, 2016 City Council meeting for consideration of funding to the Orange County Task Force Drowning Prevention Campaign. MOTION CARRIED by the following roll call vote: AYES: Hernandez, Huang, Lindsey, Schwing, Young Mayor Pro Tem Huang spoke about the tragic passing of Greg Gillaspy and expressed her condolences to the family. Mayor Pro Tem Huang reported that she had the opportunity to attend the last Yorba Linda Water District (YLWD) meeting and said that the Board would be suspending administrative penalties beginning with the June billing cycle. She also stated that the YLWD would be holding a workshop on April 21 st to discuss the budget. Mayor Lindsey encouraged everyone to take a look at the progress on the Yorba Linda High school park and said that construction should be completed by the end of summer. Mayor Lindsey also spoke about the Gun Club Road Park and said that the park was almost completed and looked very nice. ADMINISTRATIVE REPORTS 7. THIRD AMENDMENT TO THE SUCCESSOR AGENCY PURCHASE AND SALE AGREEMENT WITH ZELMAN RETAIL PARTNERS, INC AND A CITY PURCHASE AND SALE AGREEMENT WITH ZELMAN RETAIL PARTNERS, INC Economic Development Manager Pamela Stoker gave an overview of the staff report and responded to Council questions. Brett Foy, Zelman Retail Partners, spoke about the Town Center project and said they are making fantastic progress and said he was looking forward to finalizing the project in the fall of next year. Pat Nelson, resident, spoke on the financial aspect of the Town Center project. PAGE 11
Julia Schultz, resident, suggested adding updates to the City s website so the public could stay informed. Jon Hansen, resident, asked about the cost for the project and was concerned that it was not a good business deal. A Council, staff and consultant discussion ensued. It was MOVED/SECONDED YOUNG/HERNANDEZ to direct staff to approve the Third Amendment to the Purchase and Sale Agreement and Joint Escrow Instructions with Zelman Retail Partners, Inc. for development of the Town Center and authorize the City Manager to make modifications as necessary and to execute the final document; and to direct staff to approve the Purchase and Sale Agreement and Joint Escrow Instructions with Zelman Retail Partners, Inc for the acquisition of a City-owned parcel located at 4902 Valencia Avenue, and authorize the City Manager to make modifications as necessary to execute the final document. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Hernandez, Huang, Lindsey, Schwing, Young None None 8. POST PROPOSITION 218 BALLOTING ACTION FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) LOCAL LANDSCAPING ZONES L1B, L2A, L2E, L2K AND L2N Public Works Director/City Engineer Michael Wolfe provided a detailed PowerPoint presentation of the Post Proposition 218 actions for Local Landscape Zones L1B, L2A, L2E, L2K and L2N, and responded to Council questions. Ronald Shirter, resident, asked about the proposed increase in assessments and how the number was determined. Susan Janowicz, resident, suggested including maps with future ballots to assist residents. Jon Hansen, resident, thanked Council for tackling the underfunding of the Landscape Maintenance Assessment District. Peter Meng, resident, spoke about the maintenance of easements and the Landscape Maintenance Assessment District. Don Widiff, resident, commented that the landscape maintenance is haphazard in his neighborhood. Bill Greenland, resident, commented on the funding for Local Landscape Zone L2N. A lengthy Council and staff discussion ensued. PAGE 12
It was MOVED/SECONDED - LINDSEY/HERNANDEZ - to direct staff to apply the City Council approved LMAD Maintenance Location Guidelines for Deficit Zones for Local Landscaping Zones L1B, L2A, L2E, L2K and L2N starting in Fiscal Year 2016/2017 and report on further details at the July 5, 2016 City Council meeting. MOTION CARRIED by the following roll call vote: AYES: Hernandez, Huang, Lindsey, Schwing, Young It was MOVED/SECONDED - LINDSEY/HERNANDEZ - to direct staff to return to Council with an initial reduction plan based upon the LMAD Maintenance Location Guidelines at the July 5, 2016 City Council meeting, using Fiscal Year 2016/2017 as the dynamic process, do not remove any areas above what is identified in the Guidelines for L2E and L2K, and identify additional reductions for L2N. MOTION CARRIED by the following roll call vote: AYES: Hernandez, Huang, Lindsey, Schwing, Young It was MOVED/SECONDED - LINDSEY/YOUNG - to direct staff not to vacate any landscape easements at this time. A lengthy Council discussion ensued regarding vacating easements. A SUBSTITUTE MOTION was made HUANG/YOUNG to direct staff to begin the process of vacating easements as of December 31, 2016 for Local Landscaping Zones L1B, L2A, L2E, L2K and L2N for areas that meet the LMAD Maintenance Location Guidelines. Mayor Lindsey stated that he would be voting no on the motion because he does not think it is wise at this point and would rather bring the matter back to a future City Council meeting. MOTION CARRIED by the following roll call vote: AYES: Hernandez, Huang, Schwing, Young NOES: Lindsey 9. AWARD OF CONSULTANT SERVICES CONTRACT TO STANTEC CONSULTING SERVICES, INC FOR REMEDIATION AND CLOSE OUT SERVICES AT THE NORTHEAST CORNER OF IMPERIAL HIGHWAY AND LEMON DRIVE FORMER ULTRAMAR GAS STATION SITE PAGE 13
Public Works Director/City Engineer Michael Wolfe provided a PowerPoint presentation of the staff report and responded to Council questions. Pat Nelson, resident, commented on funding for the consulting services. Louis Simons, Stantec Consulting Services, spoke about the remediation process and responded to Council questions. It was MOVED/SECONDED - YOUNG/HERNANDEZ - to direct staff to award a contract to Stantec Consulting Services, Inc. in the amount of $639,225 for Remediation System Operation and Maintenance and Close Out Activities at the former Ultramar Gas Station Site; to move the already approved $500,000 for CIP project 519-6251 from Fiscal Year 2016/2017 into Fiscal Year 2015/2016 and increase the budget by $214,225; and to authorize a onetime variance to Administrative Order No. 41 for this project only to increase the City Manager s single Change Order approval authority to $75,000. MOTION CARRIED by the following roll call vote: AYES: Hernandez, Huang, Lindsey, Schwing, Young 10. FAIRMONT KNOLLS PARK MASTER PLAN Parks and Recreation Director Mike Kudron provided a PowerPoint presentation, gave an overview of the staff report, and responded to Council questions. David Volz, Volz Designs, spoke about the park project, the use of drought tolerant plants within the park, playground equipment and dedicated picnic area, and responded to questions from the Council. It was MOVED/SECONDED YOUNG/HERNANDEZ to direct staff to approve the Master Plan for Fairmont Knolls Park. MOTION CARRIED by the following roll call vote: AYES: Hernandez, Huang, Lindsey, Schwing, Young PAGE 14
ADJOURNMENT Mayor Lindsey adjourned the meeting in memory of long-time resident Greg Gillaspy, at 12:49 a.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency Joint meeting on May 3, 2016. APPROVED BY CITY COUNCIL/SUCCESSOR AGENCY: Marcia Brown, City Clerk City of Yorba Linda PAGE 15