Council Meeting - March 21, 2023
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) (4 Cases)
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: APNS: 323-231-24, 334-331-01, 03, 04, 05, 323-521-47, 322-221-01, 03, 18, 19, 20, 21, 22 and 322-331-03 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
ORANGE COUNTY SENIOR TRANSPORTATION OPTIONS BY JOANNE JACOBSEN, OCTA TRANSPORTATION COORDINATOR
LOVE YORBA LINDA PROCLAMATION
ANNUAL REPORT OF LAW ENFORCEMENT SERVICES BY CHIEF OF POLICE SERVICES, CAPTAIN WALEHWA
INTRODUCTION OF NEW STAFF MEMBER, MELISSA TOMIKEH, CITY CLERK SPECIALIST
INTRODUCTION OF NEW STAFF MEMBER, TRAVYS DIZOL, COMMUNITY PRESERVATION OFFICER
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 – MARCH 21, 2023
1. AP Check Register 3-21-23 - CC-FIN-23-012.pdf
2. Attachment 1 - AP Check Register 3-21-23.pdf
Recommendation:
It is recommended that the City Council receive and file the accounts payable check register dated March 21, 2023, in the amount of $1,887,043.87.
3. APPROVAL OF THE MINUTES OF THE MARCH 7, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Mar07_2023 - English.pdf
Recommendation:
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the March 7, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. TREASURER’S REPORT – JANUARY 2023
1. Treasurers Report - Jan 2023 - CC-FIN-23-013.pdf
2. Attachment 1 - Treasurers Report - Jan 2023.pdf
Recommendation:
It is recommended that the City Council: 1.) Receive and file the attached monthly Treasurer’s Report; and 2.) Delegate investment responsibility to the City’s Finance Director / City Treasurer for a period of up to one year.
5. 2022 GENERAL PLAN ANNUAL PROGRESS REPORT
1. 2022 General Plan Annual Progress Report - CC-CD-23-006.pdf
2. Attachment 1 - 2022 Annual Progress Report.pdf
3. Green Sheet Attachment 1 - 2022 Annual Progress Report.pdf Recommendation:
It is recommended that the City Council approve the General Plan Annual Progress Report (APR) for 2022 and authorize staff to send the APR to the Governor’s Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD) in compliance with Government Code Section 65400.
6. ADOPTION OF RESOLUTION NO. 2023-5842 INITIATING PROCEEDINGS RELATIVE TO LEVYING ANNUAL STREET LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) ASSESSMENTS FOR FISCAL YEAR 2023/2024
1. Engineer's Report 2023-24 Initiation - CC-PW-23-008.pdf
2. Attachment 1 - Resolution No. 2023-5842.pdf
3. Attachment 2 - Amend No. 1 Willdan Financial Services.pdf Recommendation:
It is recommended that the City Council: 1.) Adopt proposed Resolution No. 2023-5842, initiating proceedings to levy annual assessments for Fiscal Year 2023/2024 for the Street Lighting and Landscape Maintenance Assessment District (LMAD), and ordering the Engineer to prepare and file a report in accordance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code); and 2.) Approve Amendment No. 1 to the Professional Services Agreement with Willdan Financial Services (No. 21220097) in an amount of $40,500; and 3.) Authorize the City Manager to sign and execute the above-listed amendment on behalf of the City Council.
8. APPROVAL OF AMENDMENT NO. 1 - YMCA OF ORANGE COUNTY- SWIM LESSON INSTRUCTION AND LIFEGUARDING SERVICES
1. Amend No 1. YMCA Swim Lessons and Lifeguard Svcs - CC-PR-23-008.pdf
2. Attachment 1 - Professional Services Agreement.pdf
3. Attachment 1 - Amendment No. 1.pdf
Recommendation:
It is recommended that City Council approve Amendment No.1 to the March 17, 2022, Agreement with YMCA of Orange in the amount of $125,000 extending services through March 30, 2024.
9. APPROVAL OF AMENDMENT NO. 2 – SENIOR MOBILITY PROGRAM CABCO YELLOW INC.
1. Senior Mobility Prog. Change Order and Amend. 2 - CC-PR-23-007.pdf
2. Attachment A - Amendment No. 2.pdf
3. Attachment B - SMP Agreement CABCO Yellow Inc. 4-22-21.pdf Recommendation:
It is recommended that the City Council: 1.) Approve Change Order No. 1 for Senior Transportation Services Agreement with CABCO Yellow Inc. in the amount of $38,000 that will provide additional funding through May 31, 2023; and 2.) Approve Amendment No. 2 to the April 22, 2021, Agreement with CABCO Yellow Inc. in the amount of $150,000 extending services from June 1, 2023 to May 31, 2024.
10. DENIAL OF CLAIMS FOR DAMAGES – AGUILAR, FITKOWSKI AND MERCURY INSURANCE SUBROGATION FOR MULVIHILL
1. Denial of Claims – Aguilar, Fitowski, Mercury Ins. Mulvihill - CC-ADM-23-008.pdf Recommendation:
It is recommended that the City Council of the City of Yorba Linda deny the claims for damages by Larry Aguilar, Sophia Fitkowski and Family, and Mercury Insurance Company subrogation for Jamie Mulvihill.
11. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING
1. Planning Comm. Recap 3-15-23.pdf
Recommendation:
It is recommended that the City Council receive and file this report.
12. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-23-007.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
Recommendation:
It is recommended that the City Council receive and file this report.
7. AWARD OF A PUBLIC WORKS CONSTRUCTION CONTRACT FOR THE FISCAL YEAR 2022-23 (ZONES 5/6B) ANNUAL PAVEMENT PRESERVATION PROJECT (SI231003) TO ALL AMERICAN ASPHALT
1. Award of Contract APPP FY 2022-23 - CC-PW-23-010.pdf
2. Attachment 1 - Vicinity Map Zone 5-6B.pdf
3. Attachment 2 - All American Asphalt Agreement.pdf
Recommendation:
It is recommended that the City Council: 1.) Approve the plans and specifications for the Fiscal Year 2022-23 Annual Pavement Preservation Project (APPP) SI231003 for Zone 5/6B; 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.) Approve a supplemental budget appropriation of $6,436,144.20 from the unappropriated reserves of the Special Reserve Fund (102) with a corresponding increase to the Capital Improvement Program Fund (401) budget for Project SI231001; and 4.) Approve a supplemental budget transfer in an amount of $2,200,000 from the unencumbered APPP Zone 6 Project SI221009 budget, to the APPP Zone 5 Project SI231003 budget; and 5.) Award the public works construction contract to All American Asphalt for the Fiscal Year 2022-23 APPP (Zone 5/6B) in the amount of $11,069,222 and reject all other bids; and 6.) Authorize expenditures of up to $1,106,922.20 (10% of construction contract cost) in contract contingencies for potential additional work and unanticipated work that may arise during the course of construction; and 7.) Authorize the City Manager to sign and execute the above-listed contract, and potential future amendments to these agreements within the designated contingency amounts on behalf of the City Council.
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.
13. ANNEXATION TERRITORY TR 17341 (CIELO VISTA) PUBLIC HEARING TO TABULATE PROP 218 BALLOTS AND, CONSIDERATION OF RESOLUTION NO. 2023-5843, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR FY 22/23 FOR ANNEXATION AND ESTABLISHMENT OF ASSESSMENTS
1. LMAD Annexation and Assess. Est PH Cielo L2K - CC-PW-23-009.pdf
2. Attachment 1 - Res No. 2023-5843.pdf
3. Attachment 2 - Annexation Engineers Report.pdf
4. Attachment 3 - TR 17341 Vicinity Map.pdf
a. Open Public Hearing
b. Staff Report
c. Take Testimony
d. Close Public Hearing
e. Make Determination
Recommendation:
It is recommended that the City Council take the following actions, in order: 1.) Conduct the Public Hearing upon the proposed establishment of assessments and annexation, and consider all objections and protests, whether written or oral, if any; 2.) Close the Public Hearing and direct staff to tabulate the Proposition 218 Ballots for the Annexation Territory of Tract 17341, known as the Cielo Vista Development within the Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K, and depending on the circumstances take the following actions: a.) If after the ballots are tabulated a Majority Protest does exist, make findings that there is a Majority Protest for the zone, abandon the proceedings for the proposed establishment of assessments, and direct staff to bring back a plan to coordinate next steps; or b.) If after the ballots are tabulated a Majority Protest does not
exist, adopt Resolution No. 2023-5843, pursuant to the provisions of the Landscaping and Lighting Act of 1972, annexing and confirming the diagram and assessments for Fiscal Year 2022/2023 for the Annexation Territory of Tract 17341, known as the Cielo Vista Development within the Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K, the overruling of all protests concerning the assessments, and levy of the assessments confirmed herein.
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS
CLOSED SESSION IF REQUIRED
ADJOURNMENT
The next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting is April 4, 2023.
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.