Friends officials issue first progress report

A one-page progress report delivered to City Council members May 15 by a consultant newly hired to reignite efforts to finance the Friends Christian High School on 32 acres of city land didn’t mention when the past-due lease payments will be brought up to date.

The report was required by a 3 to 2 council vote as part of an extension granted before acting on a default notice sent Yorba Linda Friends Church for $421,312 for payments due the city. Three more reports are mandated for June 19, July 17 and Aug. 21.

School officials cut a $50,000 check for the city last month, which, when pooled with $50,000 already deposited with the city, met the council’s condition for an immediate $100,000 cash payment to forestall action on terminating the 99-year lease agreement.

The first report listed 15 progress points under four categories, including five under “project financing.” One of the latter points indicated officials are looking to initiate a new fund-raising campaign and are discussing the current allocation of funds.

Also, importantly, school officials state they’ve “submitted and discussed” the “latest financials” to a potential bond underwriter and “prepared a roadmap of required steps to secure either tax-exempt school bonds or market-rate bonds….”

In addition, officials are coordinating a “project update” for Yorba Linda Friends Church members, and they’ve “initiated formation of city resident teams within the congregation for outreach and messaging.”

The original ground lease for the property fronting Bastanchury Road near Casa Loma Avenue was signed in 2003 and amended four times, from 2003 through 2006. A joint-use pact to share recreational and athletic facilities with the city was signed in 2005.

The school has paid more than $3 million in lease charges through 2011 and invested more than $9 million in tenant improvements to the property. School officials say lease payments over 99 years would exceed $253 million, unless contract terms are modified.

Mel Malkoff, the school consultant hired last month, has spent 38 years in development and management, including as developer and project manager of Saddleback Church, Cottonwood Christian Center, Rancho Community Church and other church-school projects.

In a related item, Rick Kempton, who has been associated with the Friends Christian School system since 1984, the last 20 years as superintendent, announced he starts in July as head of the Annapolis Area Christian School in Maryland.

Kempton, who started his education career in 1973 at the Orange Unified School District as an English teacher, takes over the three-campus, 847-student Christian school from the previous superintendent, who resigned after accusations of a “hostile work environment.”

A Final Note: The 2012-13 “tentative calendar” in the Placentia-Yorba Linda school district has 177 instructional days, which could be reduced to 175, “depending on the outcome of the November tax initiatives” or “if district revenues are reduced further,” a school official noted.

A three-day cut from 180 days saves $2.2 million, five days $3.7 million.

Odds don't favor latest Yorba Linda recall

While recall talk hasn’t been uncommon in Yorba Linda’s 45-year history, none of the 30 individuals elected to City Council positions has ever faced voters on a recall ballot, despite six members being served with “intent to recall” notices in the last 13 years.

One factor accounts for the lack of success of past recalls: residents who oppose council members on individual issues don’t necessarily favor removing them from office before their terms expire, unless serious evidence of malfeasance or misconduct is established.

So, the odds--based on past experience--favor John Anderson, who was served with his recall notice during the public comment portion of a council meeting earlier this month. Even if sufficient signatures are gathered on a recall petition, he’s likely to survive a vote.

Past recall efforts have sputtered out before or during the signature gathering stage. Either the individuals or groups supporting a recall couldn’t recruit enough foot soldiers to button-hole shoppers at local supermarkets and shopping centers or the requirement for signatures from 20 percent of registered voters proved too high a barrier.

Easier to accomplish are initiatives and referendums. An initiative proposes a new law, such as the right-to-vote on major land-use changes measure that passed in 2006, and a referendum challenges existing law, such as the 1970 reversal of a zone for apartments.

The most recent recall targets were Allen Castellano, Ken Ryan, Keri Wilson and Jim Winder in 2006 over their votes on issues related to a since-withdrawn redevelopment plan for Old Town. Each was served with a legal notice that was properly published in the Yorba Linda Star, but the petition phase didn’t get off the ground.

The most notable target was John Gullixson, who served three council terms, 1990-2002. He was twice handed notices, in 1993 and 1999, while sitting at the dais during a session.

The 1993 notice was served by a former four-term council member, Irwin Fried, over Gullixson’s campaign for a high school in Yorba Linda and resulting friction with the school district.

The 1999 notice was served by David Baker, an early incorporation leader, over various issues related to the ouster of 27-year City Manager Art Simonian. Fried abandoned his effort, and Baker’s, supported by council veteran Hank Wedaa, died after a few months.

In the current case, expect an expensive, hard-fought contest for council seats now held by Nancy Rikel, Mark Schwing and Jim Winder, especially if an Anderson recall gathers nearly 9,000 valid signatures and appears on the Nov. 6 ballot with potential replacement candidates.

Winder is termed out, but Rikel is expected to seek a second and Schwing a fifth term. The latter two joined Anderson in the 3-2 vote to replace Brea police with the county Sheriff’s Department in May 2013.

Interestingly, the domain name yorbalindarecall.com was registered on April 29 by Tony Bushala, a Fullerton businessman and recall leader of three councilmen in that city. First post was a cartoon drawing of a police officer and headline “Good luck with that.”

More comment on 3-2 police provider vote

This week, more fact and comment on the City Council’s 3-2 vote to replace Brea police with the county Sheriff’s Department:

--A large--and still unknown--factor regarding changing this city’s police provider could have been resolved, if the council had placed an advisory measure on the June 5 ballot to gauge public opinion on such a critical decision.

Past councils used advisory votes to weigh opinion on issues, including two in 1978 on electing the council by districts and holding a bond election to buy Nixon Park, another in 1986 on banning safe-and-sane fireworks and one in 1992 on a two-term council limit.

Residents elect councils to make tough decisions, but advisories on key issues are useful, and, in this case, would have settled conflicting claims about the wishes of a majority of Yorba Lindans (even though past councils ignored voter opinion on two advisories).

Now, we’ll wait until Nov. 6 for voter views, when three council seats are at stake, and, probably, after a five-year contract with the Sheriff’s Department is signed. Then, other issues--low-cost housing, budget cuts, Town Center, Black Gold--also will play a role.

--Many readers asked me about the identities of individuals and/or groups behind the advertisements, circulars, door-hangers, web pages, roadway signs, emails, computer calls and other items used to influence public opinion on the police matter.

State law doesn’t require such information--including sources of funding and lists of expenses--to be made public, as is mandated for candidates and measures on a ballot, so names, income and expenses can be concealed legally.

But if those involved in the pro-Brea or pro-Sheriff camps value transparency, they can email me revenue and expenditure details, which I’ll include in a future column.

--A frequent criticism of past councils is that key decisions were made late at night or in early morning hours, with some of the disapproving comment coming from current council members before their election to the governing body.

Public comment on police contract proposals began around midnight April 24, and the final vote was taken about 3 a.m., despite plenty of advance warnings about the timing.

--I asked Mayor Mark Schwing if he’d like an opportunity to expand on his comment at the May 1 council meeting about some “bad apples” in the Brea Police Department.

His response: “I was told by a member of the PD that there might be a couple of bad apples in the department. I would emphasize might be. I have no names or detailed numbers. I was also told there are always some in every PD.”

A Final Note: I jumped the gun in noting the higher school impact fees to be paid by developers for new building in my April 19 column. Six of nine figures were slightly revised before approval by Placentia-Yorba Linda school district trustees April 24.

The revised numbers, per square foot of assessable space: $3.20 for most new residential, 49.1 cents research and development, 44.7 cents hospital, 43.1 cents industrial/warehouse /manufacturing, 35.9 cents retail services and 1.82 cents hotel/motel.

Six Yorba Lindans seek county GOP posts

 A little-noticed, down-ballot contest in the June 5 primary election is shaping up as one of the more interesting electoral choices for Yorba Linda voters, perhaps only second to Measures H and I that would boost densities on 11 properties to allow low-cost housing.

The contest involves 10 candidates--six from this city--seeking six seats on the Orange County Republican Central Committee to represent registered Republicans in the OC’s slice of the new 55th Assembly District (24,551 Yorba Linda; 34,614 Brea, La Habra, Placentia; 1,717 county islands) on the 75-member body that guides GOP affairs.

Yorba Linda candidates--all espousing the expected conservative principles--include:

--Brett Barbre, resident since 1969, attended Glenknoll, Bernardo Yorba and Esperanza before election as director of the Yorba Linda Water District in 1998 and since 2000 of the county Municipal Water District. He also consults on political campaigns.

--Jim Domen, former Rose Drive Friends pastor now serving the California Family Council, who says he lived a homosexual lifestyle 1999-2002 before “God changed my heart.” He grew up here and also is running for a City Council seat in November.

--Karla Downing, resident since 1994, manages a family-owned construction business and is a marriage family therapist. She has taught Bible studies for five years at Yorba Linda Friends Church on relationship issues and blogs at conservatismvsliberalism.net.

--Peggy Huang, nine-year resident and a Deputy Attorney General for the state, organized Vista Del Verde residents to oppose an equestrian facility on the city-owned “tank farm” site next to Lakeview Elementary and initiated the Yorba Linda Gracious Living Society.

--Brenda McCune, resident since 1976, attended Linda Vista, Yorba Linda Middle and Troy before earning a law degree and beginning her own practice. Active in PTA, scout, sports and other groups, she ran fourth out of six candidates for two council seats in 2010.

--Dennis White, resident since 2005, is a principal in CareFusion, a Yorba Linda medical device firm. He’s co-founder of North Orange County Conservative Coalition, ran fourth of five candidates for the Fountain Valley school board in 2002 and holds eight patents.

Candidates not living in Yorba Linda are former member Desare Ferraro of Placentia, who is now an alternate and chairs the Youth Advisory Committee; Connie Lanzisera and Robert Lauten, both active Brea residents; and Mayor Tim Shaw of La Habra.

Meanwhile, Yorba Linda’s 9,355 registered Democrats won’t be voting on six central committee reps, since just two qualified for the ballot, incumbents Jeff LeTourneau of Brea and Molly Muro of Placentia.

LeTourneau owns the Lambda private investigation firm and is active in lesbian, gay, bisexual and transgender and HIV/AIDS issues, and Muro is a business development specialist for the Small Business Administration. Both will be appointed to new terms, with the other committee Democrats naming four more members.

The two-year terms for the Republican winners and Democratic appointees will begin Jan. 1, 2013.

Rumor mill focuses on new police contract

This city’s political rumor mill--which always shifts into high gear during a City Council election year--has been spinning wildly as a result of the contentious debate over replacing 42 years of Brea police service with a less costly Sheriff’s Department.

And the split 3-2 vote--largely expected based on council comments in past months--will fuel more rancor in coming weeks, since a sizeable number of residents have lined up on each side of the issue.

I’ve heard rumors about potential actions to overturn council’s decision and talked to a few leaders of successful past efforts, notably the 2005 initiative petition that led to the ordinance requiring a public vote on major land-use decisions.

Many of the same people led a referendum drive to reverse a past council’s decision to increase zoning densities in Town Center to advance a 2005-06 redevelopment project that was discarded, partly due to the large number of petition signatures collected.

However, at this writing, none of these individuals indicated they’d lead an effort on the police issue, although some said they’d “participate” in a petition drive. But at least one group already has emerged, focusing on a recall.

Based on a review of election law and court rulings, a challenge to council’s decision would be difficult to mount using processes outlined in the state Constitution, namely referendum, initiative or recall.

A referendum appears not to apply in a contract matter, since referendums are used to prevent laws or regulations from taking effect. Contracts aren’t encased in ordinances, since they’re administrative, not legislative acts.

An initiative might be possible, since initiatives add new laws or change existing laws, but the wording of a new law to cancel the eventual contract and bring back a previous contractor would be convoluted, difficult to sell to voters and could be unconstitutional.

A successful initiative petition would need signatures from at least 10 percent of Yorba Linda’s registered voters--43,360 at recent count--for a measure to appear on the Nov. 6 ballot and 15 percent to force a special election within 88 to 103 days.

Proponents would need to file a “notice of intention” with the city clerk, along with the text of the proposed measure and request for ballot title and summary, which would be written by the city attorney, and signatures must be collected within a 180-day window.

A recall is possible, but, again, filing and petition requirements are complicated, unless a group has experience or funds to hire experience. A Facebook page, created 17 hours after the vote, seeks to “remove” the pro-sheriff majority, John Anderson by “recall.”

Seats held by Nancy Rikel and Mark Schwing are on the Nov. 6 ballot, but Anderson’s term runs through 2014. In the pro-Brea camp, Jim Winder completes his last term this year, and Tom Lindsey, Anderson’s 2010 running-mate, ends a first term in 2014.

A handful of referendums and initiatives have been successful in city history, but no recall has ever reached the signature-gathering stage, despite a few past efforts