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 4, 2011 CITY COUNCIL/REDEVELOPMENT AGENCY JOINT MEETING CONVENING AT 5:30 P.M. CALL TO ORDER The City Council/Redevelopment Agency convened at 5:37 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Anderson, Lindsey,, Winder 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: 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 B. 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 5:38 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 6:45 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda. ROLL CALL Council/Agency Members: Staff Members: Anderson, Lindsey,, Winder Brown, Burks, Calkins, Harris, Litfin, Rudometkin, Steep, Stoker, Stowell PLEDGE OF ALLEGIANCE Houston Thomas, resident and St. Catherine s Military Academy student INVOCATION Pastor Bill Morris, The Rock Community Church CLOSED SESSION REPORT City Attorney Todd Litfin stated that there was no official action taken on the Closed Session items for Conference with Legal Counsel Existing Litigation and Conference with Labor Negotiators. INTRODUCTIONS & PRESENTATIONS PRESENTATION OF PROCLAMATION, TO ORANGE COUNTY FIRE AUTHORITY, FIRE PREVENTION WEEK, OCTOBER 9-15, 2011 Mayor Rikel presented a proclamation to OCFA Battalion Chief Don Forsyth in recognition of Fire Prevention week for October 9-15, Battalion Chief Don Forsyth spoke briefly about fire prevention week and invited the public to the Orange County Fire Authority facility in Irvine on October 8 th from 10:00 a.m. to 3:00 p.m. for fire demonstrations and urban search and rescue techniques. He also mentioned that local fire departments will conduct an Open House on October 15 th from 10:00 a.m. to 3:00 p.m. PAGE 3

4 PUBLIC COMMENTS Bill Kontur, resident, asked staff to clarify Site No s 14 and 15 of the revised Housing Element. Community Development Director Harris replied that Site 14 is the Mariposa Avenue/Lakeview Avenue site that was originally referred to as the alternative site in the EIR, and site 15 is the Yorba Linda Water District site at 4622 Plumosa Avenue. Irene Okerson, resident, spoke of the Senior Trails Transportation program and the lack of days the program is implemented. Sharon Kaak, Royal Riders Pony Club (RRPC) District Commissioner, stated the Pony Club is being asked to move out of Phil Paxton Equestrian Center by the influence of Yorba Linda Country Riders (YLCR) due to overcrowding and lack of space. Mary Carbone, Yorba Linda Traffic Commissioner, announced there will be a Community meeting on October 13, 2011 at 6:30 p.m. in Yorba Room C, at the Yorba Linda Community Center to discuss trail and roadway etiquette. Dr. Nancy Marlino, resident, said she wanted to bring both equestrian groups together to form unanimity between the two horse clubs because they share common interests and use of the Phil Paxton arena. Gary Yettner, United States Pony Club Inc. representative, informed the public that the Pony Club is an educational group striving for integrity, leadership, and sportsmanship. Cliff Green, resident, suggested the City expand the Phil Paxton Equestrian Center for the needs of the equestrian groups rather than building a new facility somewhere else in the City. Bruce Dvorac, Royal Riders Pony Club Joint District Commissioner, provided a PowerPoint presentation of possible upgrades to the Phil Paxton Equestrian Center to accommodate the community s equestrian needs. He also spoke of the educational objectives of the Royal Rider Pony Club. Tracy Fross, resident, spoke on the importance of both equestrian groups and supported the horse community. Gary Devian, resident, stated he was in favor of approving the Phil Paxton Equestrian Center to accommodate more riding space for both equestrian groups versus building a new facility in town. Dave Kaak, resident, stated the Royal Riders Pony Club s purpose is to focus on children and not to compete with any other equestrian group. He suggested the YLCR and RRPC co-exist rather than work against each other. Paul DeGrassi, resident, said he was in support of expanding the Phil Paxton arena and was opposed to building a new equestrian facility at the Vista Del Verde site. PAGE 4

5 Carol Peal, resident, spoke in favor of the Royal Riders Pony Club and the benefits they have contributed to her children. City Manager Rudometkin said that staff was in support of all equestrian groups and would work on a policy that is fair and equitable and that evenly distributes the use of the Phil Paxton Equestrian Center. Bill Kontur, resident, suggested that Council send a letter to the Governor in opposition to AB1236 and to encourage passage of HR2164. He said the City should apply the e- verify program to all businesses seeking a business license in the City. Mr. Kontur also addressed the Town Center Specific Plan and gave his opinion on the funds being spent toward a new library versus a Cultural Arts Center. Councilmember Schwing responded that e-verify was rejected by the Yorba Linda Chamber of Commerce for businesses but the City has been well aware of the program for over a year. Councilmember Anderson suggested that staff write a letter to the Governor opposing AB1236. He also said he would add an agenda item regarding e-verify in the City. Tom Lynch, Yorba Linda Residents for Responsible Representation (YLRRR) Chairman, said YLRRR is a group that represents the community by supporting development, redevelopment, growth, preservation, ethics and fiscal responsibility. Houston Thomas, RRPC member, stated that the English & Western equestrian groups should not be separated and must unite. Kyle Coleman, RRPC member, spoke of the educational and social value that she has experienced through the Pony Club. Kristen Dvorac, RRPC member, thanked Council for the use of the Phil Paxton Equestrian Center and spoke of the encouragement, respect, and leadership skills she acquired through the Pony Club. Katie Dvorac, RRPC member, spoke of the importance of the Pony Club and the inspiration she has benefitted from the educational program. THE PUBLIC HEARING WAS TAKEN AT THIS TIME BUT IS REPORTED IN ITS RESPECTIVE POSITION ON THE AGENDA CONSENT CALENDAR Item No. 1, was approved during the Public Hearing portion of the Agenda. Councilmember Anderson pulled Item No. 6 from the Consent Calendar. PAGE 5

6 It was MOVED/SECONDED WINDER/LINDSEY - to approve the Consent Calendar with the removal of Item No. 6. MOTION CARRIED by the following roll call vote: Anderson, Lindsey,, 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. 3. APPROVAL OF THE MINUTES OF THE SEPTEMBER 20, 2011 JOINT CITY COUNCIL/RDA MEETING The City Council/RDA approved the minutes of the September 20, 2011 City Council/RDA joint meeting. 4. CONTRACT AMENDMENT WITH KAREN WARNER ASSOCIATES FOR HOUSING ELEMENT PREPARATION RELATED TASKS The City Council approved a contract amendment in the amount of $44,774 with Karen Warner Associates for the preparation of the City's Housing Element, and authorized the necessary transfer of funds. 5. MEMORANDUM OF UNDERSTANDING FOR NORTH ORANGE COUNTY ECONOMIC DEVELOPMENT PARTNERSHIP The City Council approved the draft Memorandum of Understanding (MOU) for participation in the North Orange County Economic Development Partnership (NOCEDP) and authorized the City Manager to execute the final MOU on behalf of the City. 6. Removed 7. RELEASE OF BONDS FOR LAKEVIEW AVENUE LANDSCAPING, TOLL BROTHERS VILLAGE IV, TRACT The City Council authorized the City Clerk to release the Faithful Performance and Labor and Materials bonds immediately: Landscaping: Performance/Labor & Materials Bond No , and last reduced amount, $332, PAGE 6

7 8. APPROVAL OF TRACT MAP NO AND ACCEPTANCE OF SUBDIVISION IMPROVEMENT AGREEMENT AND BONDS, SWEPI, LP The City Council approved Final Tract Map No , accepted the dedication of Lots A and B in fee simple and the easement for ingress, egress and public utility purposes; authorized the Mayor and City Clerk to attest the Subdivision Improvement Agreement; authorized the City Clerk to certify the record map upon completion of any technical corrections required by the City Engineer and accepted the following bonds. Monumentation Bond No , $14,400.00, Faithful Performance Bond No , $1,032,010.00, Labor & Materials Bond No , $1,032,010.00, and Grading Bond No , $413, ITEM 6 End of Consent Calendar APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS - CAPE SEAL PROJECT OF OHIO STREET, AVOCADO AVENUE, ORIENTE DRIVE AND PALM AVENUE Councilmember Anderson received notification that he lived within 500 of the cape seal project and may want to recuse himself from voting on the item. He clarified that the Fair Political Practices Commission s (FPPC) regulations of Section (b)(2) state that a vote on maintenance of existing streets would not be in violation of the Conflict of Interest code. It was MOVED/SECONDED ANDERSON/RIKEL - to approve the plans and specifications, and authorized advertising of bids for Cape Seal Project of Ohio Street, Avocado Avenue, Oriente Drive and Palm Avenue. MOTION CARRIED by the following roll call vote: Anderson, Lindsey,, Winder PUBLIC HEARING 9. MODIFICATION TO DRAFT HOUSING ELEMENT, HOUSING ELEMENT IMPLEMENTATION PROGRAMS AND ADDENDUM TO THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT a. Open Public Hearing Mayor Rikel opened the public hearing. b. Staff Report - Community Development Director Harris gave a PowerPoint presentation and overview of the staff report and responded to Council questions. He also introduced consultants Diane Bathgate with RRM Design Group, and Aric Evatt, Urban Crossroads, Inc., Housing and Redevelopment PAGE 7

8 Manager Stoker gave a brief overview, along with a PowerPoint presentation of the Housing Element objectives. Diane Bathgate, RRM Design Group, briefly reviewed the proposed revisions to re-zoning sites and California Environmental Quality Act (CEQA) addendums. City Attorney Litfin explained all of the resolutions and ordinances that were recommended for Council approval. He also suggested that Council approve Consent Calendar Item No. 1, Waive Reading in full of all Ordinances and Resolutions on the Agenda, to avoid individually reading them in their entirety. c. Take Testimony Matthew Kontur, resident, stated he was strongly opposed to housing modifications in the lakebed area and aspired to preserve nature. Kathi Schroeder, resident, opposed to low income high density housing in the vicinity of Lakeview Avenue and Mariposa Avenue. Bill Kontur, resident, stated that he lives on Mariposa Avenue but was not notified of the public hearing and was unaware if he was within the 2,000 foot radius notification requirement. He was opposed to the low income high density housing around Mariposa Avenue. Carol Cantwell, resident, asked if the Lakeview Avenue and Mariposa Avenue changes to high density housing would require a Measure B vote and stated she was opposed to affordable housing in that area. City Attorney Litfin responded affirmatively and said the changes in high density housing would be a major amendment and will require a vote of the people. Staff and Council discussion ensued. Alan Tordos, resident, stated he appreciated the attempts with shifting around low density projects in the past and expressed his opinions on affordable housing. Lori Moore, resident, said she was in favor of the amendment changes to the Housing Element and urged the Council to adopt the resolutions and ordinances as recommended by staff. Nancy Stevens, resident, asked staff where is space available for affordable housing if the City does not have a vacant area to meet the requirements of the Regional Housing Needs Assessment (RHNA). Housing and Redevelopment Manager Stoker responded the City can use these same sites to identify future housing element cycles but are more concerned with identifying the RHNA requirements. PAGE 8

9 d. Close Public Hearing Mayor Rikel closed the public hearing. e. Make Determination It was MOVED/SECONDED SCHWING/WINDER - to approve Consent Calendar Item No. 1, Waive reading in full of all ordinances and resolutions on the agenda. MOTION CARRIED by the following roll call vote: Anderson, Lindsey,, Winder A lengthy Council discussion ensued. Mayor Rikel stated she would vote no, consistent with her previous votes, as she campaigned against approving affordable housing. She said she respected the concerns of residents that would be impacted by the low density housing at the Mariposa and Lakeview Avenue sites. Mayor Pro Tem Schwing said he did not agree with the state mandate to require a certain amount of affordable housing units within the City and that he would be more inclined to vote yes if a property owner was asking for rezoning requirements. It was MOVED/SECONDED ANDERSON/WINDER to adopt Resolution No , certifying the Final Program Environmental Impact Report for the City of Yorba Linda Housing Element and Implementation Programs as Adequate and Complete, Approving Certain Findings and Facts in Support of Findings and Statement of Overriding Considerations, and Adopting a Mitigation Monitoring and Reporting Program. MOTION CARRIED by the following roll call vote: It was MOVED/SECONDED ANDERSON/WINDER to adopt Resolution No , approving an Addendum to the Final Program Environmental Impact Report for the City of Yorba Linda Housing Element and Implementation Programs. MOTION CARRIED by the following roll call vote: PAGE 9

10 It was MOVED/SECONDED ANDERSON/WINDER to adopt Resolution No , adopting the City of Yorba Linda Housing Element and Implementation Programs Included Therein. MOTION CARRIED by the following roll call vote: It was MOVED/SECONDED ANDERSON/WINDER to adopt Resolution No , adopting the Multi-Family Residential Design Guidelines Pursuant to the Implementation Programs of the City of Yorba Linda Housing Element. MOTION CARRIED by the following roll call vote: Anderson, Lindsey, Schwing, Winder Rikel It was MOVED/SECONDED ANDERSON/WINDER to introduce for first reading Ordinance No , amending the text of the Land Use Element of the Yorba Linda General Plan (General Plan Amendment A) Pursuant to the Implementation Programs of the City of Yorba Linda Housing Element, and Finding that General Plan Amendment A is not Subject to a Vote of the Electorate of the City of Yorba Linda Under the Yorba Linda Right-to-Vote Amendment. MOTION CARRIED by the following roll call vote: It was MOVED/SECONDED ANDERSON/WINDER to introduce for first reading Ordinance No , amending the Land Use Element and Land Use Diagram of the Yorba Linda General Plan (General Plan Amendment B) Pursuant to the Implementation Programs of the City of Yorba Linda Housing Element, with the Adoption of Each Individual Item Identified in General Plan Amendment B Contingent Upon Approval by a Majority Vote of the Electorate of the City of Yorba Linda in Compliance with the Yorba Linda Right-to-Vote Amendment. MOTION CARRIED by the following roll call vote: It was MOVED/SECONDED ANDERSON/WINDER to introduce for first reading Ordinance No , amending the City of Yorba Linda Zoning Code and Zoning Map (Zone Change A) Pursuant to the Implementation Programs of the City of Yorba Linda Housing Element, and Finding that Zone Change A is not Subject to a Vote of PAGE 10

11 the Electorate of the City of Yorba Linda Right-to-Vote Amendment. MOTION CARRIED by the following roll call vote: It was MOVED/SECONDED ANDERSON/WINDER to introduce for first reading Ordinance No , amending the City of Yorba Linda Zoning Code and Zoning Map (Zone Change B) Pursuant to the Implementation Programs of the City of Yorba Linda Housing Element, with the Adoption of Each Individual Item Identified in Zone Change B Contingent Upon Approval by a Majority Vote of the Electorate of the City of Yorba Linda in Compliance with the Yorba Linda Right-To-Vote Amendment. MOTION CARRIED by the following roll call vote: RECESS: Mayor Rikel called a recess at 9:53 p.m. and reconvened the meeting at 10:00 p.m. CONSENT CALENDAR ITEMS WERE TAKEN AT THIS TIME BUT ARE REPORTED IN THEIR RESPECTIVE POSITION ON THE AGENDA MAYOR'S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/OTHER AGENCY REPORTS Councilmember Anderson spoke about a water rate increase by the Golden State Water Company that would affect some Yorba Linda residents. He asked the Mayor to write a letter to the Public Utilities Commission in opposition to the increase. Councilmember Anderson spoke about public misconception regarding Council s decision not to approve placement of a Cultural Arts facility in the Town Center. He read misconstrued comments from a residents blog regarding the decision and clarified that Council was in favor of a Cultural Arts facility within Yorba Linda, but not in the Town Center. Councilmember Anderson and Mayor Pro Tem Schwing both attended a 100 th Anniversary celebration at the San Diego Miramar Marine Aviation Air Show. Mayor Pro Tem Schwing also spoke of the Golden State Water Company rate increase and encouraged the Mayor to write a letter to the Public Utilities Commission on behalf of Yorba Linda residents. PAGE 11

12 Mayor Pro Tem Schwing stated that the Orange County Transportation Authority (OCTA) will start construction on freeway on/off-ramps starting October 10 th on Yorba Linda Boulevard, Weir Canyon, and 91 Freeway access points. Mayor Pro Tem Schwing stated that he will not be in attendance for the October 18, 2011 City Council meeting. Councilmember Lindsey asked staff about the cost to fund the Senior Trails Transportation program. Parks and Recreation Director Calkins replied that it cost approximately $20,000 to run the program for two extra days. Councilmember Lindsey invited residents to donate funds toward the Senior Trails Transportation program to help reinstate two more days of transportation for senior citizens. Councilmember Lindsey recommended the public try Oahu Shaved Ice on Yorba Linda Boulevard. Mayor Rikel attended a ribbon cutting for Ophthalmologists, Dr. Bernstein and Dr. Benham on September 22 nd and appeared with City Manager Rudometkin and Police Chief Conklin at the Church of Latter Day Saints hosted by Councilmember Lindsey to support their ceremony on What s on the Horizon for Yorba Linda. Mayor Rikel announced that Our Littlest Angel Guild would be hosting their annual home tour on October 20 th and October 21 st ; she also announced the El Dorado High School dance team is offering a clinic on October 8 th ; CERT training to begin on October 11 th ; the Yorba Linda Spotlight theater will be hosting auditions for Seusical and the OCFA to host Fire Prevention Open House on Saturday, October 8 th. ADMINISTRATIVE REPORTS 10. SAVI RANCH SIGN OPTIONS UPDATE AND PROJECT EXPANSION Housing and Redevelopment Manager Stoker gave a PowerPoint presentation and brief overview of the staff report and responded to Council questions. It was MOVED/SECONDED ANDERSON/SCHWING to receive and file the report. Tom Lynch, resident, recommended that staff implement a sign program for all the participants on the Savi Ranch signs to pay their fair share of the panel, the sign, and the maintenance. Council discussion ensued. Jason Gopperton, Young Electric Representative, responded to Council questions and said that it is rather common to charge a lease for lighted panels PAGE 12

13 but could not suggest how to differentiate participants that are in and out of the retail center. Councilmember Winder said that existing signs are not up to Yorba Linda standards. He also said he would prefer that the signs be improved and since the City had already invested $1.8 million, it should at least consider spending the additional $250,000 to do the project correctly. MOTION CARRIED by the following roll call vote: Anderson, Lindsey, Winder Housing and Redevelopment Manager Stoker asked for direction on the pylon sign; assuming that funding could be found, would Council prefer the sign be used for public purposes and if so, what should be identified on it, or should the sign be removed. Mayor Pro Tem Schwing was in support of the sign if RDA funds were not utilized. Councilmember Lindsey replied that the sign should be used for commercial purposes as there was not enough signage. He also suggested offsetting funds by selling or leasing space on the signs. Councilmember Anderson said he preferred a City-identification type of sign. ADJOURNMENT Mayor Rikel adjourned the meeting at 11:15 p.m. to the next regularly scheduled City Council/Redevelopment Agency Joint Meeting on October 18, Marcia Brown, City Clerk City of Yorba Linda APPROVED BY CITY COUNCIL/RDA: PAGE 13