CITY OF YORBA LINDA. Land of Gracious Living CITY COUNCIL/REDEVELOPMENT AGENCY JOINT MEETING CONVENING AT 5:30 P.M.

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1 CITY OF YORBA LINDA Land of Gracious Living CITY COUNCIL/REDEVELOPMENT AGENCY JOINT MEETING MINUTES OCTOBER 18, 2011 CITY COUNCIL/REDEVELOPMENT AGENCY JOINT MEETING CONVENING AT 5:30 P.M. CALL TO ORDER The City Council/Redevelopment Agency convened at 5:44 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Council/Agency Members Absent: Staff Members: Litfin, Rudometkin PAGE 1

2 ANNOUNCEMENT OF CLOSED SESSION ITEMS CITY COUNCIL A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section (a) Name of Case: Case Number: Kopit et al. v. City of Yorba Linda et al. SACV CJC (MLGX), Superior Court, County of Orange B. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section Agency Designated Representative: City Manager Rudometkin Employee Organizations: Yorba Linda Mid-Management Association; Yorba Linda Chapter of the Orange County Employees Association; and Department Heads PUBLIC COMMENT ON CLOSED SESSION ITEMS CONVENE INTO CLOSED SESSION City Council convened into closed session at 5:45 p.m. RECESS PAGE 2

3 CITY COUNCIL/REDEVELOPMENT AGENCY JOINT MEETING RECONVENING AT 6:30 P.M. CALL TO ORDER The City Council/Redevelopment Agency reconvened at 6:39 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Council/Agency Members Absent: Staff Members: Brown, Burks, Calkins, Harris, Litfin, Parisien, Rudometkin, Steep, Stowell PLEDGE OF ALLEGIANCE Assemblyman Curt Hagman INVOCATION Pastor Brian Moore, Crosspoint Church of Yorba Linda CLOSED SESSION REPORT City Attorney Litfin stated that there were no reportable actions taken on the Closed Session items for Conference with Legal Counsel Existing Litigation and Conference with Labor Negotiators. ADMINISTRATIVE REPORT ITEM NO. 9 WAS TAKEN AT THIS TIME BUT IS REPORTED IN ITS RESPECTIVE POSITION ON THE AGENDA. INTRODUCTIONS & PRESENTATIONS STATE UPDATE GIVEN BY ASSEMBLYMAN CURT HAGMAN Assemblyman Curt Hagman gave a brief update on the state budget, prison realignment plan, new legislation, redistricting, and responded to Council questions. PAGE 3

4 HISTORIC PRESERVATION IMPLEMENTATION STRATEGIES GIVEN BY GALVIN & ASSOCIATES Community Development Director Harris introduced Andrea Galvin with Galvin & Associates. Andrea Galvin, Galvin & Associates, gave a PowerPoint presentation of the historic preservation implementation strategies and recommendations for the city. CLOSED SESSION REPORT WAS TAKEN AT THIS TIME BUT IS REPORTED IN ITS RESPECTIVE POSITION ON THE AGENDA. INTRODUCTION OF ANNA CAVE, EMERGENCY PREPAREDNESS COORDINATOR City Manager Rudometkin introduced Anna Cave, the Emergency Preparedness Coordinator for the City of Yorba Linda. Anna Cave briefly spoke of her duties in emergency management and explained the importance of implementing an operations plan and preparing for natural disasters. PUBLIC COMMENTS Dee Dee Friedrich, resident, read a letter in response to the community s reaction to the Yorba Linda Country Riders and Royal Riders Pony Club s use of the Phil Paxton arena and spoke of the hobby and lifestyle of the equestrian groups. Gabriella Rollins, Yorba Linda Arts Alliance Director, stated that October is National Arts and Humanities month, in celebration of the arts. She commented on generalities made by the public that are not facts. Ms. Rollins clarified that the Yorba Linda Arts Alliance is interested in leasing or purchasing land to build and operate a cultural arts facility. Walter Bruckner, resident, encouraged residents to be cautious of their tax bills since he recently found numerous mistakes on his bill. Mayor Rikel replied that the Orange County Treasurer/Tax Collector notified staff that some of the tax information was truncated on the tax bill, however, the total amount billed is correct and residents can review their bills on the following website: and view all assessment details. Bill Kontur, resident, voiced his opinions on affordable housing issues, the ethics ordinance regarding a political action committee and invocations stating specific religion, sect or deity at City Council meetings. City Attorney Litfin replied that invocation guidelines are mailed to each participant prior to the Council meeting. Cliff Green, resident, asked if the City could be more stringent in solicitation throughout the City to clear out unwanted peddlers. PAGE 4

5 Captain Burks and City Attorney Litfin responded that the City has a new solicitor s ordinance and that the police department is aware of the issues. CONSENT CALENDAR Mayor Rikel pulled item No. 5 from the Consent Calendar. It was MOVED/SECONDED ANDERSON/LINDSEY - to approve the Consent Calendar with the removal of Item No. 5. MOTION CARRIED by the following roll call vote: 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA The City Council/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/RDA approved the Accounts Payable Warrant Lists. 3. APPROVAL OF THE MINUTES OF THE OCTOBER 4, 2011 JOINT CITY COUNCIL/RDA MEETING The City Council/RDA approved the minutes of the October 4, 2011 City Council/RDA joint meeting. 4. ADOPTION OF ORDINANCE NOS , , AND The City Council adopted Ordinance Nos , , , and Removed 6. APPROVAL OF THE GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON FOR FACILITY UPGRADE PURPOSES AT THE SOUTHEAST CORNER OF AVENIDA RIO DEL ORO AND AVENIDA PUESTA DEL SOL The City Council approved the grant of easement to Southern California Edison for facility upgrade purposes, and authorized the City Manager to sign and the City Clerk to attest the easement of deed; and authorized the City Manager to sign Southern California Edison's letter to offer. PAGE 5

6 7. NOTICE OF COMPLETION FOR THE FISCAL YEAR RESIDENTIAL REHABILITATION IMPROVEMENTS FOR VARIOUS STREETS PROJECT The City Council approved the street improvements constructed by Hardy & Harper, Inc.; authorized the City Clerk to file a Notice of Completion with the County Recorder; and authorized the retention monies to be paid when appropriate to do so. End of Consent Calendar ITEM 5 ROYAL RIDERS PONY CLUB STORAGE CONTAINER REQUEST Councilmember Anderson said he anticipated change for a viable group to continue lessons at the Phil Paxton arena and mentioned taking the request to the Parks and Recreation Commission to possibly regulate the equestrian groups like any other sport. He also indicated that the Municipal Code may have to be amended to follow those particular requirements. It was MOVED/SECONDED ANDERSON/RIKEL to refer the Royal Riders Pony Club storage container request to the Parks and Recreation Commission for a comprehensive solution and take no action at this time. Council discussion ensued. Keith Friederich, resident, stated he was pleased that Council pronounced their concerns with the equestrian group rivalries and suggested the horse trainers at the Phil Paxton arena be in charge of storage containers, rather than non-profit groups such as the Pony Riders. Bill Kontur, resident, said there was no apparent transparency between the two equestrian groups and suggested guidelines or permitting processes to streamline the use of the facility. Heidi Larsen, resident, felt the use of the Phil Paxton arena was about public safety issues because jumping lessons have become a problem for young riders and horses. Gerald Nichols, resident, said the Pony Riders worked through an agreement with the Parks and Recreation Department regarding a storage container and stated that there have been conflicts with YLCR not having an agreement for their storage container outside of the arena. He stated that there needed to be an agreement prepared to ensure safety and regulation. Cheryl Rohnke Kronsberg, CRK Training Stable Lead Trainer and Master Instructor, gave her professional opinion about coaching in an arena and claimed that jumping lessons should be closed to the public while in session to ensure safety for riders and horses. PAGE 6

7 Bruce Dvorak, resident, stated he was in support of a storage container and that it would provide safety and reduce liability. MOTION CARRIED by the following roll call vote: Anderson, Lindsey, Winder Rikel Mayor Rikel requested a reconsideration of the vote. It was MOVED/SECONDED ANDERSON/RIKEL to refer the Royal Riders Pony Club storage container request to the Parks and Recreation Commission for a comprehensive solution and take no action at this time. MOTION CARRIED by the following roll call vote: MAYOR'S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/OTHER AGENCY REPORTS Councilmember Anderson attended the Santa Ana River Interceptor (SARI) Line Relocation Project Groundbreaking Ceremony on October 11 th. Councilmember Anderson mentioned the feedback that Council has received regarding the Vista Del Verde site for an equestrian center and felt the Tank Farm was not a practical area for one. He stated that he would make a formalized motion at a future Council meeting to give staff direction to move forward with researching other possibilities. Mayor Rikel also attended the Santa Ana River Interceptor (SARI) Line Relocation Project Groundbreaking Ceremony on October 11 th. She also attended the 100 th Anniversary of Yorba Linda s first school house owned by Jerry Emery and Kathleen Kott. Mayor Rikel mentioned the Orange County Transportation Authority s Third District Director, Carolyn Cavecche, is up for re-election and received consensus from her colleagues to vote for Director Cavecche s reelection to the board. RECESS: Mayor Rikel called a recess at 8:45 p.m. and reconvened the meeting at 9:02 p.m. PAGE 7

8 ADMINISTRATIVE REPORTS 8. PARKS AND RECREATION AND PLANNING COMMISSION VACANCIES AND REAPPOINTMENT OF COMMISSIONERS Councilmember Winder pleaded with Council to reconsider the ordinance that set term limits on Commission positions. Otherwise, he said, the City is denying itself of very talented and experienced individuals. It was MOVED/SECONDED WINDER/LINDSEY to direct staff to bring back an ordinance to repeal those sections in the Municipal Code that limit Commissioner service to any period of time; with hopes that the three termed-out Commissioners can be re-appointed. Councilmember Anderson stated he was not in support of the motion and said there are term limits for a reason and that a twelve year rotation will not result in a great experience drain. Mayor Rikel said she was not in support of serving on a Commission for more than twelve years and felt that the Library Commission should also have set term limits once the new library is developed. Gerald Nichols, resident, agreed that a twelve year term limit is enough time for someone to serve on a board or commission. Stewart Rixson, resident, said he was in support of setting term limits because no one in the private sector stays on a board for more than twelve years. MOTION FAILED by the following tie vote: Lindsey, Winder Anderson, Rikel It was MOVED/SECONDED ANDERSON/RIKEL to direct the City Clerk to proceed with the regular recruitment process to fill two vacancies in the Parks and Recreation Commission and one vacancy in the Planning Commission by advertising in the Yorba Linda Star, the Government Access Channel 3 and the City s website. MOTION CARRIED by the following roll call vote: PAGE 8

9 9. AWARD OF THE YORBA LINDA TOWN CENTER INFRASTRUCTURE IMPROVEMENTS ENGINEERING DESIGN CONTRACT TO HARRIS & ASSOCIATES City Attorney Litfin asked that the item be pulled from the agenda and explained that a lawsuit was pending in the California Supreme Court regarding Redevelopment Agencies. He explained that a cautious approach was vital and the item would be brought back at a future meeting. It was MOVED/SECONDED ANDERSON/LINDSEY - to remove Item No. 9, Award of the Yorba Linda Town Center Infrastructure Improvements Engineering Design Contract to Harris & Associates, from the agenda and table for further action. MOTION CARRIED by the following roll call vote: 10. ORDINANCE NO , ADDING SECTION TO CHAPTER OF THE YORBA LINDA MUNICIPAL CODE SPECIFYING CERTAIN HOUSING CODE VIOLATIONS AS MISDEMEANOR CRIMES Captain Burks gave a brief overview of the staff report and responded to Council questions. Councilmember Anderson abstained from voting on this item due to his work relationship with the District Attorney s office. It was MOVED/SECONDED LINDSEY/WINDER - to introduce and approve the first reading of Ordinance No , adding Section to Chapter of the Yorba Linda Municipal Code. MOTION CARRIED by the following roll call vote: ABSTAINED: Lindsey, Rikel, Winder Anderson OTHER BUSINESS 11. E-VERIFY REQUIREMENT FOR BUSINESS LICENSES (ANDERSON) Councilmember Anderson explained that the Governor signed a law making it illegal for municipalities to mandate the use of e-verify except as required by Federal contracts. He added that the City can still require contractors and employees to verify social security or tax payer identification numbers through the Social Security Administration. PAGE 9

10 It was MOVED/SECONDED ANDERSON/RIKEL to direct staff to return to Council with alternative ways of verifying that City employees and contractors are eligible to work in the State of California. Bill Kontur, resident, thanked Council for acknowledging the e-verify requirements and implementing some type of alternative to the employee and contractor verification. City Attorney Litfin recommended bringing this matter back to Council in December to execute a contingency plan. MOTION CARRIED by the following roll call vote: 12. PAXTON EQUESTRIAN CENTER IMPROVEMENTS (ANDERSON) Councilmember Anderson stated that he was pleasantly surprised by the Royal Riders Pony Club presentation from the last meeting regarding the inexpensive changes to the Phil Paxton arena. It was MOVED/SECONDED ANDERSON/RIKEL to direct staff to look into inexpensive changes to enhance the facility at the Phil Paxton Equestrian Center as proposed by the Royal Riders Pony Club. Earl Carbone, resident, stated that he was opposed to enhancing the Phil Paxton arena being that it is a county owned property. Stewart Rixson, resident, said that he was in favor of enhancing the Phil Paxton arena and was impressed by the presentation given by the Royal Riders Pony Club. He suggested residents utilize the El Rodeo Center as a temporary solution while the arena is updated. Council discussion ensued. MOTION CARRIED by the following roll call vote: PAGE 10

11 ADJOURNMENT Mayor Rikel adjourned the meeting at 9:35 p.m. to the next regularly scheduled City Council/Redevelopment Agency Joint Meeting on November 1, APPROVED BY CITY COUNCIL/RDA: Marcia Brown, City Clerk City of Yorba Linda November 1, 2011 PAGE 11