Council Meeting - July 19, 2022
CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency will convene at 5:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue.
ROLL CALL
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION Government Code Section 54956.9(d)(2) (2 Cases)
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: 323-304-19
City Negotiators: City Manager Pulone
Property Negotiators: Parties To Be Determined
Under Negotiation: Price and Terms of Payment
PUBLIC COMMENT ON CLOSED SESSION ITEMS
CONVENE INTO CLOSED SESSION
RECESS
CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority will reconvene at 6:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
PASTOR JOSHUA HOLIDAY, CALVARY CHAPEL OF YORBA LINDA
CLOSED SESSION REPORT
INTRODUCTIONS & PRESENTATIONS
LAW ENFORCEMENT SERVICES UPDATE BY CHIEF OF POLICE SERVICES CAPTAIN JOSES WALEHWA
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA There is a five (5) minute maximum time limit for each individual addressing the legislative body during Public Comments and on all other items listed on the Agenda.
Whenever a group of persons wishes to address the City Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group so as to avoid unnecessary repetitions before the City Council.
CONSENT CALENDAR
All matters listed under "CONSENT CALENDAR" are considered by the City Council/ Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority to be routine and will be enacted by one motion approving the recommendation listed on the Agenda. There will be no separate discussion unless Members of the Council/Successor Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority or Staff request specific items to be removed from the Consent Calendar.
Recommendation:
It is recommended that the City Council approve the Consent Calendar.
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Recommendation:
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency waive reading in full of all ordinances and resolutions on the agenda and declare 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 CHECK REGISTER – JULY 19, 2022
1. AP Check Register - 6-19-2022 - CC-FIN-22-032.pdf
2. Attachment 1 - AP Check Register - 7-19-22.pdf
Recommendation:
It is recommended that the City Council receive and file the accounts payable check register dated July 19, 2022, in the amount of $1,383,460.49.
3. APPROVAL OF THE MINUTES OF THE JUNE 21, 2022 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Jun21_2022 - English.pdf
Recommendation:
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the June 21, 2022 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. APPROVAL OF THE MINUTES OF THE JULY 5, 2022 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY SPECIAL MEETING
1. Post-Meeting Minutes - CC SPC_Jul05_2022 - English.pdf Recommendation:
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the Jul 5, 2022 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting.
5. AWARD OF A PUBLIC WORKS CONSTRUCTION CONTRACT FOR LIVE OAK TRAIL STORM DRAIN PROJECT TO T. E. ROBERTS, INC.
1. Award of Contract - Live Oak Trail Storm Drain Proj. - CC-PW-22-043.pdf
2. Attachment 1 - Vicinity Map.pdf
3. Attachment 2 - TE Roberts Contract Agreement.pdf
Recommendation:
It is recommended that City Council: 1.) Approve the plans and specifications for the Live Oak Trail Storm Drain Project; and 2.) Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA), Class 1, pursuant to CEQA Guidelines, Section 15301; and 3.) Award a public works construction contract to T.E. Roberts, Inc. for the proposed Live Oak Trail Storm Drain Project in an amount of $286,844.00; and reject all other bids; and 4.) Authorize the Mayor to execute the proposed public works construction contract and authorize the City Manager to execute and approve authorized increases, as provided for within this agreement; and 5.) Authorize the City Manager’s change order approval authority in an amount not to exceed 15% of the proposed public works construction contract ($43,027), for a total potential contract amount not-to-exceed $329,871.
6. APPROVAL OF FINAL PARCEL MAP NO. 2010-138, PETERSON
1. Approval of Final Parcel Map PM2010-138 - CC-PW-22-040.pdf
2. Attachment 1- Vicinity Map (1).pdf
3. Attachment 2- Final Map.pdf
4. Attachment 3- Non-Subdivision Improv. Agreement.pdf
Recommendation:
It is recommended that that the City Council: 1.) Approve Parcel Map No. 2010-138 and authorize the City Clerk to certify the record map upon completion of any technical corrections required by the City Engineer; and 2.) Authorize the Mayor to sign and the City Clerk to attest the Subdivision Improvement Agreement, and authorize the City Clerk to accept the following bonds: Performance Bond - Bond No. PB11510900471 $68,000.00, Labor & Materials Bond - Bond No. PB11510900471 $68,000.00, and Grading Bond - Bond No. PB11510900470 $25,000.00.
7. ALTRUDY LAKEVIEW SENIOR APARTMENTS – IMPROVEMENT CASH SECURITY RELEASE
1. Altrudy Senior Apts – Improv. Cash Security Release - CC-PW-22-041.pdf
2. Attachment 1- Vicinity Map.pdf
Recommendation:
It is recommended that the City Council authorize the City Clerk to: 1.) Release 90 percent of the original cash security amount for Altrudy’s offsite Lakeview Avenue street improvements for Faithful Performance/Labor & Materials and retain 10 percent of the original cash security amount for a one-year warranty period; and 2.) Release 90 percent of Altrudy’s Grading cash security and retain 10 percent of the original cash security amount for a one-year warranty period; and 3.) Release, in one year (July 19, 2023), if no liens have been filed and a satisfactory final warranty inspection, the remaining 10 percent of the offsite Faithful Performance / Labor & Materials cash security and Grading cash security for Altrudy; and 4.) Release 100 percent of the original cash security amount for Trueblood house renovation.
8. EXECUTE SUBDIVISION IMPROVEMENT AGREEMENT AND ACCEPT SECURITY BONDS FOR TRACT 18123 (SHEA HOMES “SAFFRON”)
1. Sub. Improv. Agr and Accept Bonds for Tract 18123 - CC-PW-22-042.pdf
2. Attachment 1_Vicinity Map_TR18123.pdf
3. Attachment 2_Subdivision Improvement Agreement.pdf
Recommendation:
It is recommended that the City Council: 1.) Authorize the Mayor to sign and the City Clerk to attest the Subdivision Improvement Agreement; and 2.) Authorize the City Clerk to accept the following bonds:
Rough Grading Bond - Bond No. CMS345872 - $328,000.00; On-site Storm Drain Improvements: Performance Bond - Bond No. 0235930 - $690,000.00 and Labor & Materials Bond - Bond No. 0235930 - $690,000.00; On-site Street Improvements: Performance Bond - Bond No. 0244640 - $491,000.00 and Labor & Materials Bond - Bond No. 0244640 - $491,000.00; Off-site Street Improvements: Performance Bond - Bond No. 0244642 - $89,000.00 and Labor & Materials Bond - Bond No. 0244642 - $89,000.00; and Monumentation Bond - Bond No. 0244641 - $20,000.00.
9. SOFTWARE SERVICES AGREEMENT WITH OPENGOV, INC. FOR BUDGETING AND PLANNING SOFTWARE
1. Software Services Agreement With OpenGov Inc - CC-FIN-22-031.pdf
2. Attachment 1 - Statement of Work.pdf
3. Attachment 2 - Software Services Agreement.pdf
Recommendation:
It is recommended that the City Council approve a Five-Year Software Services Agreement with OpenGov, Inc. for budgeting and planning software and related professional services in an amount not-to-exceed $264,440 and authorize the City Manager to execute the Agreement.
10. APPROVAL OF NON-EXCLUSIVE EASEMENT TO SOUTHERN CALIFORNIA GAS COMPANY FOR NATURAL GAS PURPOSES (LINE 2000 FAULT ISOLATION BREA PROJECT) AT VALLEY VIEW CIRCLE AND LAVENDER DRIVE
1. Non-Exclusive Easement SCG_L2000 Fault Isolation Brea Proj - CC-PW-22-044.pdf
2. Attachment 1_Vicinity Map_Project Summary.pdf
3. Attachment 2_Easement Exhibit.pdf
4. Attachment 3_Grant of Easement Agreement.pdf
5. Attachment 4_Plat and Legal Description.pdf
6. Attachment 5_Govt Code 65402 Finding_PC Reso 5475.pdf Recommendation:
It is recommended that City Council grant a permanent, non-exclusive easement to Southern California Gas Company for natural gas facility purposes located within Tract 16045, APN 322-291-47 and 322-291-48 per R/W Easement Agreement No. 266550, at the intersection of Valley View Circle and Lavender Drive.
11. AWARD OF A PUBLIC WORKS CONSTRUCTION CONTRACT FOR THE FY2021-22 ANNUAL PAVEMENT PRESERVATION PROJECT (ZONE 6) TO ONYX PAVING COMPANY, INC. & APPROVE PROFESSIONAL SERVICES CONTRACT WITH INTERWEST FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES
1. Award of FY21-22 Zone 6 APPP to Onyx - CC-PW-22-047.pdf
2. Attachment 1 - Vicinity Map Zone 6.pdf
3. Attachment 2 - Onyx Paving Contract.pdf
4. Attachment 3- Interwest Service Agreement.pdf
Recommendation:
It is recommended that the City Council: 1.) Approve the plans and specifications for the Fiscal Year 2021-22 Annual Pavement Preservation Project (APPP) (Zone 6); and 2.) Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA), Class 1, pursuant to CEQA Guidelines, Section 15301; and 3.) Award the public works construction contract to Onyx Paving Company, Inc. for the Fiscal Year 2021-22 APPP (Zone 6) in the amount of $5,164,530 and reject all other bids; and 4.) Approve a Professional Services Contract with Interwest in the amount of $157,200 to provide Construction Management and Inspection Services: and 5.) It is also recommended that the City Council authorize expenditures of up to $535,958.00 (10% of the value of the agreements) in total contract contingencies for potential additional services and unanticipated work that may arise during the course of work.
12. REJECTION OF ALL BIDS RECEIVED FOR LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT PACKAGE B – HIDDEN HILLS
1. Rejection of Bids - LMAD Package B - CC-PW-22-049.pdf Recommendation:
It is recommended that the City Council reject all bids received for the Landscape Maintenance Within Landscape Maintenance Assessment District Package B – Hidden Hills (Package B).
13. REJECTION OF ALL BIDS RECEIVED FOR LANDSCAPE MAINTENANCE WITHIN LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT PACKAGE D – SAN ANTONIO
1. Rejection of Bids - LMAD Package D - CC-PW-22-048.pdf Recommendation:
It is recommended that the City Council reject all bids received for the Landscape Maintenance Within Landscape Maintenance Assessment District Package D – San Antonio (Package D).
14. RESOLUTION NO. 2022-5811 DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF CERTAIN PROPERTY CONSTITUTE A PUBLIC NUISANCE; DECLARING INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF AND SETTING A DATE FOR A PUBLIC HEARING
1. Intent to Provide Abatement of Weeds Setting Hearing - CC-CD-22-009.pdf
2. Attachment 1 - Resolution No. 2022-5811.pdf
3. Attachment 1 - Exhibit A of Resolution.pdf
4. Green Sheet - Attachment 1 - Exhibit A of Resolution.pdf Recommendation:
It is recommended that the City Council adopt Resolution No. 2022-5811, declaring its intention to set a public hearing on August 16, 2022, for this year’s Weed Abatement Program.
15. REJECTION OF BIDS FOR THE PLAYGROUND SAFETY SURFACING RENOVATION PROJECT
1. Rejection of Bids for Playground Safety Surfacing - CC-PR-22-013.pdf Recommendation:
It is recommended that the City Council reject all bids for the Playground Safety Surfacing Renovation Project.
16. TELECONFERENCED MEETINGS PURSUANT TO GOVERNMENT CODE § 54953(e)
1. Teleconferenced Meetings July - CC-ADM-22-035.pdf
2. Attachment 1 - Resolution 2022-5816.pdf
Recommendation:
It is recommended that the City Council adopt Resolution No. 2022-5816 authorizing teleconferenced meetings pursuant to the requirements of Government Code § 54953(e).
17. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETINGS
1. Planning Comm. Recap 06-29-2022.pdf
2. Planning Comm. Recap 07-13-2022.pdf
Recommendation:
It is recommended that the City Council receive and file these reports.
18. REPORTS OF TRAFFIC COMMISSION ACTIONS FROM THEIR LAST MEETING
1. Traffic Comm. Recap 06-23-2022.pdf
Recommendation:
It is recommended that the City Council receive and file this report.
19. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-22-034.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
3. Green Sheet - Attachment 1 - Reports from CC Organizations.pdf Recommendation:
It is recommended that the City Council receive and file this report.
PUBLIC HEARING
Note: If previous agenda items are completed prior to 7:00 p.m., the legislative body will proceed to “Administrative Reports” on the Agenda until the scheduled time for the Public Hearings. At the Mayor’s discretion, Public Comments may be postponed at 7:45 p.m. to allow the Public Hearings to be started and following the completion of Public Hearing item(s), the legislative body will go back to the Public Comments at the Mayor’s discretion and then continue to the remainder of the agenda order thereafter.
If you challenge the legislative body’s proposed actions in court, you may be limited to raising those issues that you or someone else raised at the Public Hearing described in this Agenda, or in any written correspondence delivered to the City Council/Successor Agency to the Yorba Linda Redevelopment Agency on or prior to the Public Hearing.
20. PUBLIC HEARING DECLARING THE VACATION OF THE LANDSCAPE EASEMENT AT 24340 VIA LENARDO
1. Vacation of LMAD Easement at 24340 Via Lenardo - CC-PW-22-046.pdf
2. Attachment 01 - Vicinity Map.pdf
3. Attachment 02 - Resolution No. 2022 -5815.pdf
a. Open Public Hearing
b. Staff Report
c. Take Testimony
d. Close Public Hearing
e. Make Determination
Recommendation:
It is recommended that City Council: 1.) Adopt Resolution No. 2022-5815 (Attachment 2), declaring the landscape easement at 24340 Via Lenardo, Assessor’s Parcel Number (APN) 353-244-09, as unnecessary for present or prospective public use and vacating the same pursuant to California Streets & Highways Code Section 8300 et
seq
.; and 2.) Direct staff execute a release agreement with the property owner to keep existing on-grade irrigation infrastructure within the proposed vacated easement area; and 3.) Direct staff to continue to irrigate and maintain the designated areas until the final recordation of the landscape easement vacation documents are processed; and 4.) Direct the City Clerk to cause a certified copy of the proposed resolution to be recorded in the Office of the Clerk-Recorder, County of Orange upon completion of any removal of irrigation equipment undertaken by the City.
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS (Mayor retains discretion to give the Mayor’s Report before or after Matters Presented by Councilmember’s/Other Agency Reports)
ADMINISTRATIVE REPORTS
21. DESIGNATING VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES 2022 ANNUAL CONFERENCE
1. Voting Delegate - League of CA. Cities Annual Conf. - CC-ADM-22-032.pdf
2. Attachment 1 - League of California Cities Letter.pdf Recommendation:
It is recommended that the City Council designate a voting delegate and up to two alternates to vote at the Annual Business meeting of the League of California Cities 2022 Annual Conference in September.
22. PURCHASE & SALE AGREEMENT & JOINT ESCROW INSTRUCTIONS WITH EVAN CARL, DBA EVANS SMOKEHOUSE LLC, FOR THE SALE OF THE CITY-OWNED VACANT PARCEL LOCATED AT 4859 MAIN STREET & THIRD AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY & EVAN'S SMOKHOUSE
1. Purch. and Sale Agr Joint Escrow Instr. 4859 Main St - Evan's Smokehouse - CC-ADM-22-033.pdf
2. Attachment A - Purchase and Sale Agreement and Joint Escrow Inst.pdf
3. Attachment B - Third Amendment.pdf
Recommendation:
It is recommended that the City Council authorize the City Manager to enter into the Purchase and Sale Agreement and Joint Escrow Instructions with Evan Carl, dba Evan’s Smokehouse LLC, to sell the City-owned vacant parcel located at 4859 Main Street, Yorba Linda (APN# 323-304-19), for the purpose of developing an eating establishment. It is further recommended that the City Council also approve a Third Amendment to the Lease Agreement allowing Evan’s Smokehouse to continue its operations at 4859 Main Street during the escrow process.
CLOSED SESSION IF REQUIRED
ADJOURNMENT
The next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting is August 2, 2022.
NOTE: ALL STAFF REPORTS AND RELATED ATTACHMENTS FOR ITEMS ON THIS AGENDA ARE ON FILE IN THE CITY CLERK’S OFFICE. AS AN ADDITIONAL SERVICE, THE CITY NOW PROVIDES THE STAFF REPORTS AND RELATED ATTACHMENTS ON THE CITY’S WEBSITE. PLEASE NOTE THAT IT IS NOT ALWAYS POSSIBLE TO EMBED ALL ATTACHMENTS AND MAPS. THUS, IF YOU REQUIRE A FULL AND COMPLETE COPY OF THE AGENDA PACKET, YOU SHOULD NOT RELY UPON THE WEBSITE MATERIALS ALONE.
IN COMPLIANCE WITH THE AMERICAN DISABILITIES ACT (ADA), THE CITY WILL MAKE EVERY REASONABLE ATTEMPT TO ACCOMMODATE ANY ATTENDEE OR PARTICIPANT AT THIS MEETING NEEDING SPECIAL ASSISTANCE BEYOND WHAT IS NORMALLY PROVIDED. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (714) 961-7150 AT LEAST 48 HOURS PRIOR TO THIS MEETING TO INFORM US OF YOUR PARTICULAR NEEDS AND TO DETERMINE IF ACCOMMODATION IS FEASIBLE. PLEASE ADVISE US AT THE TIME YOU CALL IF SPECIAL ASSISTANCE IS REQUIRED TO ATTEND OR PARTICIPATE IN MEETINGS ON A REGULAR BASIS.