CITY OF YORBA LINDA. Land of Gracious Living

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1 CITY OF YORBA LINDA Land of Gracious Living CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING MINUTES AUGUST 21, 2012 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING CONVENING AT 5:30 P.M. CALL TO ORDER convened at 5:39 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Successor Agency Members: Staff Members: Litfin, Rudometkin ANNOUNCEMENT OF CLOSED SESSION ITEMS EMERGENCY ITEM ADDED City Attorney Litfin announced that an Emergency Item needed to be added to the 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 and requested that Council vote to add the item to the agenda. Mayor Schwing requested adding the emergency item during the regular meeting session for openness and transparency. PAGE 1

2 CITY COUNCIL A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section Property: APN City Negotiators: City Manager Rudometkin Property Negotiators: TBD Under Negotiation: Price and Terms of Purchase 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: 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/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY JOINT MEETING RECONVENING AT 6:30 P.M. CALL TO ORDER reconvened at 6:31 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. THE PLEDGE OF ALLEGIANCE AND INVOCATION WERE TAKEN AT THIS TIME BUT ARE REPORTED IN THEIR RESPECTIVE POSITIONS ON THE AGENDA. ROLL CALL Council/Successor Agency Members: Staff Members: Brown, Calkins, Christian, Harris, Litfin, Porto, Rudometkin, Steep, Stowell PLEDGE OF ALLEGIANCE Director of Public Works/City Engineer Mark Stowell INVOCATION Deacon Denis Zaun, Saint Martin De Porres Catholic Church CLOSED SESSION REPORT City Attorney Litfin reported that the Conference with Real Property Negotiator matter resulted in direction to staff to institute proceedings to sell the property at issue. City Attorney Litfin stated there was no reportable action taken on the Conference with Legal Counsel Existing Litigation or Conference with Labor Negotiators. EMERGENCY ITEM ADDED City Attorney Litfin announced that an Emergency Item needed to be added to the agenda regarding a loan agreement for Successor Agency payment of unfunded enforceable obligations. He recommended that Council add the item to the agenda for approval of payment to the County Auditor-Controller. PAGE 3

4 It was MOVED/SECONDED RIKEL/WINDER to add the following emergency item to the Consent Calendar as Item No. 8.5., which came up after the posting of the agenda and for which there was a need for immediate action: Loan Agreement for Successor Agency Payment of Unfunded Enforceable Obligations. MOTION CARRIED by the following roll call vote: INTRODUCTIONS & PRESENTATIONS RECOGNITION OF BOY SCOUT DANIEL FRIEND Mayor Schwing introduced Daniel Friend of Boy Scout Troop 733 and presented him with a certificate of recognition for his heroic action of aiding and rescuing his brother from drowning in the Pacific Ocean, and for receiving the Boy Scouts of America National Heroism Award. Daniel Friend shared his personal story and brave deed of saving his brother s life and thanked Council for the acknowledgement. Scoutmaster Daryl Rossman commended Daniel Friend for his courageous feat and wished him happiness and good health in all his future endeavors. ADMINISTRATIVE REPORT ITEM NO. 11 WAS TAKEN AT THIS TIME BUT IS REPORTED IN ITS RESPECTIVE POSITION ON THE AGENDA. RECESS: Mayor Schwing called a recess at 8:31 p.m. and reconvened the meeting at 8:43 p.m. PUBLIC COMMENTS Nancy Stevens, resident, clarified her position on police service issues with the Orange County Sheriff s Department. Pat Nelson, resident, said the community is not in favor of underground parking and found that two of the three proposed library locations suggested underground parking. Mrs. Nelson also spoke of misleading advertisements in the Yorba Linda Star regarding opposition of the Recall. Jan Horton, resident, spoke of political attacks by the Yorba Linda Residents for Responsible Representation (YLRRR) and false statements being circulated within the community. She also expressed her opinion on elections and lack of proper notification regarding vital matters that require public input. PAGE 4

5 RECESS: Mayor Schwing called a recess at 9:04 p.m. and reconvened the meeting at 9:05 p.m. Jan Horton, resident, continued to speak of the unethical behavior of certain Councilmember s at the dais. Walter Bruckner, resident, distributed an article from the Wall Street Journal to Council and voiced his opinion on municipal bonds. PUBLIC HEARING ITEM NOS. 9 AND 10, AND CONTINUED PUBLIC COMMENTS WERE TAKEN AT THIS TIME BUT ARE REPORTED IN THEIR RESPECTIVE POSITIONS ON THE AGENDA. CONSENT CALENDAR Mayor Pro Tem Lindsey pulled Item No. 4 from the Consent Calendar. It was MOVED/SECONDED WINDER/RIKEL - to approve the Consent Calendar with removal of Item No. 4. MOTION CARRIED by the following roll call vote: 1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA 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 approved the Accounts Payable Warrant Lists. 3. CONSIDERATION OF CERTAIN ORGANIZATIONAL MATTERS RELEVANT TO THE SUCCESSOR AGENCY adopted SA to YLRDA Resolution No , setting forth certain organizational matters pertaining to the Successor Agency. 4. Removed PAGE 5

6 5. APPROVAL OF THE GRANT EASEMENT TO SOUTHERN CALIFORNIA EDISON FOR SERVICE TO THE YORBA LINDA WATER DISTRICT'S PROPOSED PUMP STATION AT GUN CLUB ROAD The City Council approved the grant of easement to Southern California Edison for service to the Yorba Linda Water District's proposed pump station at Gun Club Road. 6. REDUCTION OF STORM DRAIN, OFF-SITE STREET IMPROVEMENT AND ON-SITE STREET IMPROVEMENT CASH DEPOSIT AMOUNTS, TRACT 16595, HOVER DEVELOPMENT The City Council authorized the Finance Department to reduce the Tract Storm Drain, Off-site Street, and On-site Street Faithful Performance and Labor & Materials cash deposits by 30 percent. 7. APPROVAL OF THE GRANT OF EASEMENT TO VERIZON WIRELESS FOR SERVICE TO CELL SITE AT THE YORBA LINDA WATER DISTRICT'S QUARTER HORSE RESERVOIR The City Council approved the grant of easement to Verizon Wireless for service to a cell site at the Yorba Linda Water District's Quarter Horse reservoir, and authorized the Mayor to sign and the City Clerk to attest the easement deed. 8. RECOGNIZED OBLIGATION PAYMENT SCHEDULE ratified the Recognized Obligation Payment Schedule (ROPS) for the period of January through June, 2013 as approved by the Oversight Board. 8.5 LOAN AGREEMENT FOR SUCCESSOR AGENCY PAYMENT OF UNFUNDED ENFORCEABLE OBLIGATIONS and in its capacity as the Housing Successor Entity pursuant to Health & Safety Code section 34176, approved a Loan Agreement for Successor Agency Payment of Unfunded Enforceable Obligations. ITEM 4 End of Consent Calendar AFFIRMATION OF THE CITY OF YORBA LINDA'S COMPLIANCE WITH THE BROWN ACT Mayor Pro Tem Lindsey commented that as a newly elected official he was required, by state mandate, to take an ethics course, which included emphasis on Brown Act compliance. He said it appeared that once the State realized they would have to reimburse local government agencies for Brown Act compliance, they implemented PAGE 6

7 legislative bills to suspend reimbursement costs to cities therefore reducing their own budget. Mayor Pro Tem Lindsey stated that Council would continue to enforce all of the Brown Act provisions regardless of the new bill. It was MOVED/SECONDED LINDSEY/RIKEL - to adopt Resolution No , affirming the City of Yorba Linda's commitment to continued compliance with the Brown Act. MOTION CARRIED by the following roll call vote: PUBLIC HEARINGS 9. APPEAL OF GENERAL PLAN AMENDMENT AND ZONE CHANGE PLACENTIA-YORBA LINDA UNIFIED SCHOOL DISTRICT a. Open Public Hearing - Mayor Schwing opened the public hearing. b. Staff Report Community Development Director Harris introduced Principle Planner David Brantley who gave the staff report and PowerPoint presentation and responded to Council questions. Peter Templeton, Templeton Planning Group, stated that his firm provided the initial study of the negative declaration and gave a brief explanation of the California Environmental Quality Act (CEQA) requirements. Mike Bailey, Placentia-Yorba Linda Unified School District (PYLUSD) Planning Consultant, gave background information on the re-zoning project for the school district and stated that they have no interest in moving or developing the site as it is very valuable property to the school district. c. Take Testimony The following residents spoke in opposition to commercial use located at the northeast corner of Richfield Way and Yorba Linda Boulevard, owned by PYLUSD, and expressed potential negative impacts to the residential properties and streets: Andrew Collins, Robin Equitz, Angela Murray, Harriett Hallaway, Don Equitz, Norman Carter, Dave Voight, Doris Drumgal, Jan Horton, Bill Kontur d. Close Public Hearing Mayor Schwing closed the public hearing. PAGE 7

8 e. Make Determination Councilmember Winder MADE A MOTION to adopt for first reading Ordinance No , approving Zone Change Placentia-Yorba Linda Unified School District, and the Negative Declaration prepared therefor; and adopt Resolution No , approving General Plan Amendment Placentia-Yorba Linda Unified School District, and the Negative Declaration prepared therefor. MOTION DIED due to lack of a second. Council discussion ensued. City Attorney Litfin said that under state law the City must follow legal noticing requirements and cannot fast-track any zone change, general plan amendment, or CEQA processes. He stated that any pre-commitment to take action pertaining to a discretionary permit could arguably implicate due process rights. Mayor Pro Tem Lindsey said that after listening to Mr. Litfin s discussion regarding state law requirements, he was prepared to support the original motion by Councilmember Winder if he was willing to restate it. It was MOVED/SECONDED WINDER/LINDSEY - to adopt for first reading Ordinance No , approving Zone Change Placentia-Yorba Linda Unified School District, and the Negative Declaration prepared therefor; and adopt Resolution No , approving General Plan Amendment Placentia-Yorba Linda Unified School District, and the Negative Declaration prepared therefor. City Attorney Litfin responded to Councilmember Rikel s questions regarding the effective date of the zone change, the land lease and the Initial Study/Negative Declaration. Councilmember Anderson mentioned several issues such as the potential future impact to the PYLUSD and the risk to prospective commercial developers if the General Plan Amendment or Zoning Code were not approved. He also spoke of the concerns expressed by neighbors. MOTION FAILED by the following roll call vote: Lindsey, Winder Anderson, Rikel, Schwing RECESS: Mayor Schwing called a recess at 10:36 p.m. and reconvened the meeting at 10:45 p.m. PAGE 8

9 10. DISPOSAL RATE FEES - FISCAL YEAR a. Open Public Hearing Mayor Schwing opened the public hearing. b. Staff Report City Attorney Litfin gave an overview of the staff report and responded to Council questions. c. Take Testimony Lee Day, resident, spoke on behalf of resident and business owner Louie Scull and said he was in support of postponing any trash rate increases until after an audit was completed. d. Close Public Hearing Mayor Schwing closed the public hearing. e. Make Determination It was MOVED/SECONDED RIKEL/ANDERSON - to postpone a decision on any Fiscal Year (FY) disposal rate increases until FY in order to finalize discussions with Yorba Linda Disposal concerning the full service disposal audit and direct staff to start discussions with Yorba Linda Disposal for the creation of a new trash franchise agreement for the City. MOTION CARRIED by the following roll call vote: CONTINUED PUBLIC COMMENTS Lee Day, resident, inquired about arterial lighting signals throughout the City. Dan Hildebrandt, resident, spoke regarding the start date of the Orange County Sheriff s Department s contract. Bill Kontur, resident, sought clarification regarding the source of funding for the $3 million paid to the County earlier this year by the Successor Agency. Finance Director Christian confirmed that the payment did not come from the bonds. Mr. Kontur also read an open letter to the Council. MAYOR'S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/OTHER AGENCY REPORTS Councilmember Rikel attended the 9 th Community Center. Annual Yorba Linda Quilt Show at the Councilmember Anderson, as Vice Chairman of the Orange County Sanitation District (OCSD) attended the California Association of Sanitation Agencies conference. He PAGE 9

10 stated that the OCSD is a model for the rest of the Country in its revolutionary and environmentally sound practices. Councilmember Anderson spoke about the false accusations that some members of the public have made regarding a flyer in opposition to the Recall Petition. Mayor Pro Tem Lindsey stated he was touched by Daniel Friends heroic action to save his brother s life. Mayor Pro Tem Lindsey expressed his condolences to the Adams family from Yorba Linda whose two boys drowned in Merced River at Yosemite National Park. Mayor Schwing said he attended the 9 th Community Center. Annual Yorba Linda Quilt Show at the ADMINISTRATIVE REPORTS 11. CONSIDERATION OF YORBA LINDA FRIENDS CHURCH HIGH SCHOOL LEASE PROGRESS REPORT AND POTENTIAL CITY COUNCIL ACTION PERTAINING TO GROUND LEASE BETWEEN THE CITY OF YORBA LINDA AND YORBA LINDA FRIENDS CHURCH City Manager Rudometkin gave an overview of the staff report and responded to Council questions. Pastor Matthew Cork, Yorba Linda Friends Church, spoke in favor of extending the church lease and to continue the partnership with the City to finish building the high school. Cee Cee Duffy, Friends Christian School Board Member, asked Council to follow staff s recommendation to continue the lease and thanked them for their support and leadership. Mel Malkoff, Malkoff & Associates, representative for Friends Christian High School (FCHS), said he was looking at three conventional loans with an underwriter who was trying to work within the original lease provisions. However, he stated that the current lease was neither monetarily sound nor financeable. He requested renegotiation of the terms and lease payments with the City in order to secure financial commitments and finish the project. Mr. Malkoff also said that the Conditional Use Permit for Friends Church would expire on September 23 rd and he asked for a one year extension. A lengthy discussion ensued between Council, staff and Mr. Malkoff. Tony B., resident, was opposed to extending the lease with Friends Church. Lee Day, resident, said there should be a traffic study conducted for the ingress and egress of the school and that an actual start date of the school was never mentioned. PAGE 10

11 David Dukes, resident, stated the leadership at Friends Church was strong and urged Council to amend the lease. Dan Hildebrandt, resident, asked for clarification on base rent calculations. It was MOVED/SECONDED ANDERSON/WINDER to grant Friends Church an additional 120 days extension of time; allow City staff and Friends Church to negotiate the terms of an amended and restated lease for consideration at a later date by the City Council; require the preparation of monthly progress reports; allow Friends Church the additional time (within the 120 day extension period) to secure one or more financing commitments; direct staff to bring back to Council a resolution that complies with all applicable legal requirements that would extend the expiration date of Conditional Use Permit and Design Review for one additional year; and appropriate a not-to-exceed amount of $6, for the City to conduct an appraisal of the Friends Christian High School property. Council discussion ensued. MOTION CARRIED by the following roll call vote: Councilmember Winder suggested building the new Yorba Linda Library at the Tank Farm area adjacent to Friends Christian High School to incorporate joint uses, and asked Mr. Malkoff if this recommendation would be feasible to discuss. Mr. Malkoff replied that there was some merit in the Tank Farm site and would favor a discussion with the library on joint use concepts. 12. SITE OPTIONS FOR NEW LIBRARY Library Director Melinda Steep gave a PowerPoint presentation and overview of the new library site options and answered Council questions. Marilyn Adams, Library Commissioner, stated that the Library Commission s desire is to work with the City to place the library in the Town Center Commercial District. She said if that location was not attainable, then the other site options to consider would be the Strawberry Field Site 13, the former Vons property on Valley View, and the open pad next to the Community Center. Ms. Adams said the Tank Farm area near the Friends Christian High School has some advantages and disadvantages with sharing programs. Dan Hildebrandt, resident, inquired about a study of ingress and egress of the locations being proposed to mitigate foreseeable traffic issues, especially near the open pad area of the Yorba Linda Community Center. Bill Kontur, resident, suggested Council consider the closed Tall Mouse craft store on Yorba Linda Boulevard as a possible library location. PAGE 11

12 Jan Horton, resident, asked several question including how the number of patrons visiting the library is determined and how many people attend the classes. She also urged Council to be fiscally conservative and to consider needs versus wants. Peggy Huang, resident, said she was in favor of the Tank Farm site for the new public library and to keep the Vons property a commercial site. Jeanette Carr, Friends of the Library Board Member and resident, stated that she was in support of the new library project and encouraged Council to research other site options. A lengthy Council discussion ensued. It was MOVED/SECONDED LINDSEY/RIKEL - to recommend the Strawberry Field (Site 13), Vons Property, and Tank Farm as alternative site options for a new library; and to direct staff to bring back a report that further explores the selected sites for a new library facility as well as a report to rezone the Town Center Specific Plan. Council discussion ensued. Councilmember Anderson stated that he was not comfortable with voting on any particular site options until the ramifications of the Town Center development bonds were known. He also said he was not prepared to move the library out of the Town Center at this point. Mr. Anderson said he could support Councilmember Winder s suggestions of the Tank Farm location to incorporate a joint use with Friends Christian High School, but was concerned with censorship and the length of time to construct the school. MOTION CARRIED by the following roll call vote: Lindsey, Rikel, Schwing, Winder Anderson ADJOURNMENT Mayor Schwing adjourned the meeting in memory of brothers Andreas and Jacob Adams at 12:59 a.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency Joint Meeting on September 18, APPROVED BY CITY COUNCIL/SUCCESSOR AGENCY: September 18, 2012 /s/ Marcia Brown, City Clerk City of Yorba Linda PAGE 12