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 SEPTEMBER 20, 2011 CITY COUNCIL/REDEVELOPMENT AGENCY JOINT MEETING CONVENING AT 5:30 P.M. CALL TO ORDER The City Council/Redevelopment Agency convened at 5:40 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Anderson, Lindsey, Rikel, Schwing, Winder Litfin, Rudometkin PAGE 1

2 ANNOUNCEMENT OF CLOSED SESSION ITEMS CITY COUNCIL A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: APN , 03 City Negotiators: City Manager Rudometkin Property Negotiators: Friends Christian High School and Yorba Linda Friends Church Under Negotiation: Price and Terms of Payment B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section (a) Name of Case: Rancho Dominguez Community Association: Individually and as assignee of its parcel owner members' rights v. City of Yorba Linda, Yorba Linda Landscape Maintenance Assessment District, Zone L2, and the Yorba Linda Arterial Lighting and Landscaping Assessment District #1 and the Successor District Case Number: CU-EI-CXC, Superior Court, County of Orange C. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section Agency Designated Representative: Employee Organizations: City Manager Rudometkin 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 5:41 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 7:00 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Anderson, Lindsey, Rikel, Schwing, Winder Brown, Burks, Calkins, Christian, Harris, Litfin, Rudometkin, Standefer, Stowell PLEDGE OF ALLEGIANCE Valencia High School Juniors INVOCATION Reverend James Carrington, Friendship Baptist Church CLOSED SESSION REPORT City Attorney Todd Litfin stated that there was no official action taken on the Closed Session items for Conference with Real Property Negotiator and Conference with Legal Counsel Existing Litigation. City Attorney Litfin said Council will resume into Closed Session after the regular meeting to discuss the Conference with Labor Negotiations. PUBLIC COMMENTS Olivia Martinez, Esperanza High School Senior, asked for assistance from local businesses to donate food and items to their silent auction for the Taste of Esperanza on October 1, 2011, and encouraged everyone to attend. Greg Gillaspy, resident, stated that he attended the Orange County Fire Authority (OCFA) training on smoke detectors and informed the public of the new laws and regulations. He also inquired about the status of the PACE car program. PAGE 3

4 Pat Nelson, resident, asked staff and Council to communicate with the school district to reorganize Yorba Middle School s Back-to-School night on an evening other than a City Council meeting as it conflicts with parking. She also questioned the status of the Janeway House rehabilitation. City Attorney Litfin replied that an agreement with the non-profit group was being created for the rehabilitation of the Janeway House. Lee Day, resident, asked Council to reconsider the necessity of term limits for Commission members and was concerned about the current process. CONSENT CALENDAR Mayor Rikel pulled Item Nos. 12 and 13 from the Consent Calendar. Councilmember Winder briefly stated he would be entering a no vote on Item No. 14, Resolution Approving Conditional Use Permit Kerrigan Ranch Manor House H.O.A. as he was not present at the previous Council meeting but he felt that approving the CUP would set a precedence for communities in the City. Councilmember Anderson also spoke on Item No. 14 and said he was not prohibited from participating in the item under the provisions of Measure Y, Ethics Ordinance, although two residents of Kerrigan Ranch were contributors to his campaign. It was MOVED/SECONDED SCHWING/ANDERSON - to approve the Consent Calendar with the removal of Item Nos. 12 and 13 and with Councilmember Winder s no vote on Item No. 14. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Anderson, Lindsey, Rikel, Schwing, Winder 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. PAGE 4

5 3. APPROVAL OF THE MINUTES OF THE JULY 12, 2011 JOINT CITY COUNCIL/RDA ADJOURNED MEETING The City Council/RDA approved the minutes of the July 12, 2011 City Council/RDA joint adjourned meeting. 4. APPROVAL OF THE MINUTES OF THE AUGUST 2, 2011 JOINT CITY COUNCIL/RDA MEETING The City Council/RDA approved the minutes of the August 2, 2011 City Council/RDA joint meeting. 5. APPROVAL OF THE MINUTES OF THE AUGUST 16, 2011 JOINT CITY COUNCIL/RDA MEETING The City Council/RDA approved the minutes of the August 16, 2011 City Council/RDA joint meeting. 6. TREASURER REPORT - JUNE 2011 The City Council and Agency Board received and filed this report. 7. LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT, PACKAGE F CONTRACT AGREEMENT EXTENSION FOR LANDSCAPE MAINTENANCE SERVICES - NIEVES LANDSCAPE, INC. The City Council approved a two-year contract extension for landscape maintenance services between the City and Nieves Landscape, Inc. 8. PACKAGE E CONTRACT AGREEMENT EXTENSION FOR LANDSCAPE MAINTENANCE SERVICES - ROCKEY MURATA LANDSCAPE MAINTENANCE SERVICES, INC. The City Council approved a two-year contract extension for landscape maintenance services between the City and Rockey Murata Landscape Maintenance Services, Inc. 9. CONTRACT EXTENSION FOR NPDES STORM WATER COMPLIANCE SERVICES - FUSCOE ENGINEERING, INC. The City Council approved the one (1) year contract extension for NPDES storm water compliance services between the City and Fuscoe Engineering, Inc., and authorized the City Manager to execute Change Order No. 1 in an amount not to exceed $155, (the same amount as the previous year) for the extension of the contract. PAGE 5

6 10. ACCEPT IMPROVEMENTS AND RELEASE CASH BONDS, TRACT 16888, STEVE SCHINHOFEN The City Council authorized the City Clerk to release the cash-in-lieu of Faithful Performance and Labor & Materials bonds in the amount of $18, RIGHT-OF-WAY PURCHASE FOR AND BASTANCHURY ROAD FOR ROADWAY WIDENING IMPROVEMENTS The City Council approved the purchase of the real estate interests as described in the accompanying documents, and accepted the conveyance of real property on behalf of the City; and authorized the Mayor and City Clerk to sign the "Certificate of Acceptance" on behalf of the City of Yorba Linda, and return the executed documents to the City's property acquisition consultant; and authorized the Mayor and City Clerk to sign the "Agreement for Acquisition of Real Property and Joint Escrow Instructions" on behalf of the City of Yorba Linda, and return the executed documents to the City's property acquisition consultant; and authorized the City Manager to execute any supplemental escrow documents as may be required to effectuate the transfer of title to the City; and authorized the Finance Director to deposit with escrow (when requested): $230, for settlement of AP# ; and $71, for settlement of AP# ; and incidental amounts (to be determined in escrow) to pay escrow and closing costs as identified in the Agreement; and allocate $185, from general fund reserves to Account to pay for the acquisition costs. 12. Removed 13. Removed 14. RESOLUTION APPROVING CONDITIONAL USE PERMIT KERRIGAN RANCH MANOR HOUSE HOA The City Council adopted Resolution No , approving Conditional Use Permit Kerrigan Ranch Manor House Homeowners Association (H.O. A.). 15. AMENDED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE The City Council/RDA adopted the amended Enforceable Obligation Payment Schedule (EOPS) as allowed by Health and Safety Code Sections (h) and (g). PAGE 6

7 16. CONSIDERATION AND ADOPTION OF THE AGENCY'S PRELIMINARY DRAFT RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) TO CONFORM WITH HEALTH & SAFETY CODE SECTIONS (H) AND (G) The City Council/RDA adopted the preliminary draft Recognized Obligation Payment Schedule (ROPS) to conform with Health and Safety Code Sections (H) and (G). 17. REMITTANCE AGREEMENT BETWEEN THE CITY OF YORBA LINDA AND THE YORBA LINDA REDEVELOPMENT AGENCY FOR FUNDING OF THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM IN ACCORDANCE WITH ABX1 27 The City Council adopted Resolution No , approving a Remittance Agreement by and between the City of Yorba Linda and the Yorba Linda Redevelopment Agency, pursuant to the authority set forth in Health and Safety Code Section (ABx1 27); and approved a Remittance Agreement between the City of Yorba Linda and the Yorba Linda Redevelopment Agency (Agreement) for funding of the Alternative Voluntary Redevelopment Program; and the Redevelopment Agency adopted Resolution No , approving a Remittance Agreement by and between the City of Yorba Linda and the Yorba Linda Redevelopment Agency, pursuant to the authority set forth in Health and Safety Code Section (ABx1 27); and approved a Remittance Agreement between the City of Yorba Linda and the Yorba Linda Redevelopment Agency (Agreement) for funding of the Alternative Voluntary Redevelopment Program. ITEM 12 End of Consent Calendar APPROVAL OF PUBLIC WORKS DEPARTMENT/TRAFFIC ENGINEERING CAPITAL IMPROVEMENT PROJECTS Assistant City Manager/Director of Public Works/City Engineer Stowell gave a brief overview of the staff report and responded to Council questions. The following residents spoke in favor of installing a traffic signal at Emerald Downs Drive and Secretariat Way: Dennis Bryant, Chuck Mazza, Ted Lee, Geri Mazza, Cassie Ortiz, Kathy Rodriguez, Diane Mendez, Victoria Rodriguez, Peggy Huang Gary Hills, resident, provided handouts to Council and said the traffic light on Richfield Road and Buena Vista Avenue proposes an unsafe situation for families that live on Rebecca Lane because it parallels Buena Vista Avenue making it difficult to make a left turn. Nancy Stevens, resident, asked where the mitigation funds were spent that the City of Brea provided to Yorba Linda regarding La Floresta improvements. PAGE 7

8 Assistant City Manager/Director of Public Works/City Engineer Stowell replied the funds have not been utilized yet and will likely be used toward the widening of Bastanchury Road as an alternate to Imperial Highway and Yorba Linda Boulevard. Linda Hicks, resident, said she could not fathom why the City would put a signal on a nice area such as Richfield Road and Buena Vista Avenue and stated that she did not want too many traffic signals in the City that were unwarranted. Chris Hills, resident, asked if it was feasible to conduct a traffic study before the City installs another light on Richfield Road and suggested inspecting the safety measures involved. Pallavi Parlech, resident, stated she was in favor of a signal at Del Mar and Bastanchury Road. Council discussion ensued. It was MOVED/SECONDED WINDER/LINDSEY - to approve the proposed Capital Improvement Program (CIP) Traffic Control Projects for Fiscal Year 2011/2012 and 2012/2013. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Anderson, Lindsey, Rikel, Schwing, Winder ITEM 13 APPROVAL OF THE ORANGE COUNTY TRANSPORTATION AUTHORITY'S COOPERATIVE AGREEMENT NO. C FOR TRAFFIC MITIGATION RELATED TO THE LAKEVIEW AVENUE GRADE SEPARATION PROJECT AND APPROVAL OF PLANS AND SPECIFICATIONS FOR THE RICHFIELD ROAD/BUENA VISTA AVENUE TRAFFIC SIGNAL PROJECT Assistant City Manager/Director of Public Works/City Engineer Stowell gave a brief overview of the staff report and responded to Council questions. Councilmember Anderson asked if modifications to Rebecca Lane could be included in the project and was informed by Assistant City Manager/Director of Public Works/City Engineer Stowell that it would involve additional costs to the City. Consent for the additional outlay was received from City Manager Rudometkin. It was MOVED/SECONDED ANDERSON/WINDER - to approve Cooperative Agreement No. C between the Orange County Transportation Authority and the City of Yorba Linda to fund traffic mitigation measures related to the Lakeview Avenue Grade Separation Project; and approve the plans and specifications for the Richfield Road/Buena Vista Traffic Signal Project. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Anderson, Lindsey, Rikel, Schwing, Winder PAGE 8

9 PUBLIC HEARINGS 18. AB CITIZEN'S OPTION FOR PUBLIC SAFETY PROGRAMS (COPS) GRANT EXPENDITURES a. Open Public Hearing - Mayor Rikel opened the public hearing. b. Staff Report - Lieutenant Bill Smyser presented an overview of the staff report and responded to Council questions. c. Take Testimony d. Close Public Hearing - Mayor Rikel closed the public hearing. e. Make Determination It was MOVED/SECONDED SCHWING/LINDSEY - to approve the allocation of $123,118 in AB 3229 Citizen's Option for Public Safety Programs (COPS) funds to offset the cost of an existing Detective position. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Anderson, Lindsey, Rikel, Schwing, Winder MAYOR'S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/OTHER AGENCY REPORTS Councilmember Winder said he was absent from the August 16 th City Council meeting when Council discussed the Expedition of Police Services Contract and expressed his opposition to Council s direction that staff examine a potential Joint Powers Agreement (JPA) for police services. He stated that he has previously been outspokenly opposed to a JPA because it is unnecessary. He also mentioned the reference to public opinion of less government and fewer government agencies and said that a JPA would only create a new public agency. Furthermore, Councilmember Winder felt that a JPA would be more costly due to the need for an administrator or director to oversee the JPA. Councilmember Winder said he participated in the Leukemia & Lymphoma Society's Light The Night Walk at Angel Stadium on September 17 th. He informed the public that in March he was diagnosed with chronic myelogenous leukemia and was pleased to announce that he is now in remission. Councilmember Lindsey applauded Councilmember Winder s new health condition. Councilmember Lindsey spoke of the PACE car program and was disappointed the program was brought to a standstill. He asked that Mrs. Stevens elaborate on the status of the program. PAGE 9

10 Nancy Stevens, resident, replied she could not support this program any longer due to numerous threats she received from the community. She stated that although she believed in the value of the program she was more concerned for her safety and privacy at this time. Councilmember Lindsey expressed his regret in the discontinuance of the PACE car program and said he would support Mrs. Stevens if she decided to revive the program. Councilmember Lindsey attended a Trauma Invention Programs, Inc. (TIP) board meeting and encouraged the public to become familiar with the quality and assistance this organization provides. Councilmember Lindsey stated that the Association of California Cities of Orange County (ACC-OC) has been very active since the demise of Redevelopment Agencies. He said they have filed an amicus brief with the Supreme Court in support of the Redevelopment Agencies. Mayor Pro Tem Schwing said he was pleased to hear that Councilmember Winder was in remission. Mayor Pro Tem Schwing stated he recently attended a football game at Yorba Linda High School and suggested that the Traffic Engineer re-study the current situation of traffic flow. Mayor Pro Tem Schwing stated his concerns that the City has not identified a funding source for the rehabilitation of La Palma Avenue which is estimated to be a $2.9 million project. He said it was important to save money for future projects especially while the State continued to take money from cities. Councilmember Anderson had a correction to the August 16, 2011 minutes on Council Comments and clarified that he was the Chairman of the Administration Committee for the Orange County Sanitation District (OCSD). Councilmember Anderson spoke of the Santa Ana River Interceptor (SARI) line and the Yorba Linda Spur being relocated along La Palma Avenue on the east side of the river. He mentioned that La Palma Avenue will be under construction for an extended period of time which will severely impact the traffic flow in mid October. He asked that staff increase public outreach and put the information on the City s website. Councilmember Anderson also congratulated Councilmember Winder on his medical results and wished him continued good health. Councilmember Anderson responded to the comments about his remarks from the last Council meeting and said that the future of local government is consolidation. He also stated that it would be malfeasance not to explore cost saving options for police services. PAGE 10

11 Mayor Rikel stated she was present at several September 11 memorial services including, Orange County Fire Authority Station 10, Richard Nixon Library, and the Interfaith Council of North County s 10 th Annual Light the Darkness event. Mayor Rikel attended an Eagle Scout court for Michael Hamby and an International Council of Shopping Centers (ICSC) Conference in San Diego on September 8, Mayor Rikel asked Community Development Director Harris to elaborate on the findings from the ICSC conference. Community Development Director Harris replied that the conference was successful and they had several meetings with development firms who were interested in the Town Center. He stated that staff would be contacting other firms and accepting proposals by October 20 th. He added that staff would provide an update to the Council at a future date. RECESS: Mayor Rikel called a recess at 8:34 p.m. and reconvened the meeting at 8:47 p.m. ADMINISTRATIVE REPORTS 19. RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YORBA LINDA GRANTING A TWO YEAR TIME EXTENSION TO DESIGN REVIEW APPROVALS AND CONDITIONAL USE PERMITS GRANTED IN 2008, 2009, 2010 AND 2011 Community Development Director Harris gave a brief overview of the staff report and responded to Council questions. Charles Raddatz, Toll Brothers, Inc., urged Council to approve the time extension. Lee Day, resident, spoke of past Friends Christian High School time extensions and said the City should abide by completion dates and not be so lenient. It was MOVED/SECONDED SCHWING/ANDERSON - to adopt Resolution No , with a modification granting a 120 day time extension to Design Review Approvals and Conditional Use Permits which will affect seven entities that have been granted extensions in the past; and direct staff to notify those seven entities that this will be a final extension. Mayor Rikel said she would be voting no because a 120 day extension was not enough time and she supported new building in the City. A SUBSTITUTE MOTION was - MOVED/SECONDED - LINDSEY/RIKEL - to adopt Resolution No , with a modification to grant a one year time extension to Design Review Approvals and Conditional Use Permits which will PAGE 11

12 affect seven entities that have been granted extensions in the past; and direct staff to notify those seven entities that this will be a final extension. A brief Council and staff discussion ensued. COUNCILMEMBER ANDERSON made a new SUBSTITUTE MOTION to amend the City s Municipal Code to eliminate the time limits to design reviews and conditional use permits subject to any significant revisions in the building codes. City Attorney Litfin stated that motion would require a zoning code ordinance amendment and be publically noticed. MOTION DIED for lack of a second. Daniel Duffy, Acting Manager/Director of Friends Christian High School (FCHS), said that from a financing prospective, the largest hurdle they are currently facing is construction challenges in today s economic condition. He said his goal is to get the joint use facilities completed so that neighbors can take use of the amenities. Council and staff discussion ensued. MOTION CARRIED on the SUBSTITUTE MOTION by the following roll call vote: AYES: NOES: ABSENT: Anderson, Lindsey, Rikel, Schwing, Winder 20. DETERMINATION AS TO THE INCORPORATION OF A CULTURAL ARTS VENUE IN THE TOWN CENTER Community Development Director Harris gave a detailed overview and PowerPoint presentation of the staff report and responded to Council questions. Pat Nelson, resident, reminded Council that revitalization of a Cultural Arts Venue has been a Council priority since She also went over the nine Blue Ribbon Committee proposals and said that none had been accomplished yet. She asked why the City was designating valuable Town Center property for a 30,000 square foot public, tax payer funded, and non revenue generating building. Julia Shultz, resident, stated that a Cultural Arts Center would be an attraction that would be self-sufficient and would draw people to the Town Center. She said that the Yorba Linda Arts Alliance (YLAA) previously provided Council with a presentation on a Cultural Arts Center that covered the entire project from start to finish including technical data, reviews of numerous past studies, demographics and design elements that meet the needs of the performers as well as patrons. PAGE 12

13 Gabriella Rollins, resident and Director of YLAA, said the Yorba Linda Arts Alliance was founded in 1999 and over the years she has been in touch with many groups who desperately need rehearsal and performance space. She said that groups are leaving the City to go elsewhere and they are not shopping or eating in our Town Center. She said the proposed plan for the Town Center is a glorified strip mall and not conducive to a vibrant down town. She said the library has always existed and can be remodeled in its current location. Ms. Rollins distributed to Council the results of a recent survey and stated that 41% of the 297 responders said they would like an arts center in the downtown while only 7% chose a new library. Joan Harrick, resident, spoke in support of a Cultural Arts Center and said that as a show of encouragement and commitment she had a $500 check to hand over when the project is ready to begin. Sandee Van Oyen, resident, spoke in support of a Cultural Arts Center and said that her passion is to bring the arts to the public. Earl Carbone, resident, said he does not recognize how a performing arts center would stay in business without City assistance. Tom Lynch, resident, stated that an RFP (Request for Qualifications) and funding sources should be developed in order to distinguish who would succeed in the Town Center. Greg Gillaspy, resident, said he was in favor or a Cultural Arts Center and Library joint venture. Anita Hynds, resident, said she was representing several groups in the City and spoke in support of a performing arts center. Louie Scull, resident, stated he was opposed to a Cultural Arts venue in the Town Center and felt the library, a park, and commercial sites would be more profitable to start paying back redevelopment funds. Council discussion ensued. Councilmember Lindsey stated he honored all of the work that has transpired into the Town Center Specific Plan and understood the community s passion for a performing arts center. It was MOVED/SECONDED SCHWING/ANDERSON to not approve Cityowned property for the potential future construction of a privately funded and operated Cultural Arts venue in the Town Center. MOTION CARRIED by the following roll call vote: AYES: NOES: ABSENT: Anderson, Rikel, Schwing, Winder Lindsey PAGE 13

14 Pat Buttress, Southern California Edison Representative, presented Council with a Resolution of Appreciation for working together to help businesses and homeowners to save money through energy efficiency. ADJOURNMENT Mayor Rikel adjourned the meeting at 11:27 p.m. to the next regularly scheduled City Council/Redevelopment Agency Joint Meeting on October 4, Marcia Brown, City Clerk City of Yorba Linda APPROVED BY CITY COUNCIL/RDA: October 4, 2011 PAGE 14