Council Meeting - April 18, 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) (3 Cases)
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
MSGR. STEPHEN DOKTORCZYK, ST. MARTIN DE PORRES CATHOLIC CHURCH
CLOSED SESSION REPORT
INTRODUCTIONS & PRESENTATIONS
PROCLAMATION DECLARING APRIL 29TH AS WORLD WISH DAY
PROCLAMATION TO DMV/DONATE LIFE CALIFORNIA
PROCLAMATION DECLARING NATIONAL LIBRARY WEEK
RECOGNITION OF OUTGOING COMMISSIONERS
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 – APRIL 18, 2023
1. AP Check Register 4-18-23 - CC-FIN-23-017.pdf
2. Attachment 1 - AP Check Register 4-18-23.pdf
Recommendation:
It is recommended that the City Council receive and file the accounts payable check register dated April 18, 2023, in the amount of $2,735,400.14.
3. APPROVAL OF THE MINUTES OF THE APRIL 4, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Apr04_2023 - English.pdf
Recommendation:
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the April 4, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. APPROVE PROFESSIONAL SERVICE CONTRACTS WITH FOUNTAINHEAD CONSULTING AND NINYO & MOORE FOR CONSTRUCTION ENGINEERING SUPPORT SERVICES FOR FISCAL YEAR 2022-23 (ZONES 5/6B) ANNUAL PAVEMENT PRESERVATION PROJECT (SI231003)
1. Construction Engineering Contracts for FY22-23 APPP - CC-PW-23-017.pdf
2. Attachment 1 - Fountainhead Agreement.pdf
3. Attachment 2 - Ninyo and Moore Agreement.pdf
Recommendation:
It is recommended that the City Council: 1.) Approve a Professional Service Agreement with Fountainhead Consulting Corporation in the amount of $283,160 to provide Construction Management and Inspection services for the Fiscal Year 2022-23 Annual Pavement Preservation Project (APPP); and 2.) Authorize the City Manager to approve additional expenditures up to $28,316 (10% of contract value) in contract contingencies for potential additional services and unanticipated work that may arise; and 3.) Approve a Professional Service Agreement with Ninyo & Moore Geotechnical & Environmental Services Consultants in the amount of $79,710 to provide Materials Testing services for the Fiscal Year 2022-23 Annual Pavement Preservation Project; and 4.) Authorize the City Manager to approve additional expenditures up to $7,971 (10% of contract value) in contract contingencies for potential additional services and unanticipated work that may arise; and 5.) Authorize the City Manager to sign and execute the above-listed contracts, and potential future amendments to these agreements within the designated contingency amounts on behalf of the City Council.
5. REDUCTION OF SURETY BONDS, TRACT 16595 – ESTANCIA (TOLL BROTHERS)
1. TR16595_Estancia (Toll Brothers) Bond Reduction - CC-PW-23-019.pdf
2. Attachment 1_Vicinity Map.pdf
Recommendation:
It is recommended that the City Council authorize the City Clerk to: 1.) Accept Grading Improvements on Tract 16595, release 90 percent of the Grading Bond, and retain 10 percent of the original amount for a one-year warranty period; and 2.) Accept Off-site Improvements on Tract 16595, release 90 percent of the Faithful Performance and Labor and Materials Off-site Improvements Bonds, and retain 10 percent of the original amount for a one-year warranty period; and 3.) Reduce the On-site Improvements Faithful Performance and Labor & Materials Bonds by 60 percent of the original amount; and 4.) Reduce the Monumentation Bond by 75 percent of the original amount; and 5.) Release, in one year (April 18, 2024), if no liens have been filed, the remaining 10 percent of the Grading and Off-site Improvements Bonds.
6. APPROVAL OF AN AMENDMENT TO THE AGREEMENT WITH MICHAEL BAKER INTERNATIONAL FOR DESIGN SUPPORT SERVICES DURING CONSTRUCTION OF BASTANCHURY ROAD WIDENING BETWEEN CASA LOMA AVENUE AND EUREKA AVENUE (SI221005)
1. MBI Amend. Design Support - Bastanchury Rd Widening - CC-PW-23-018.pdf
2. Attachment 1 – Michael Baker International (Amendment).pdf Recommendation:
It is recommended that the City Council: 1.) Approve an amendment to the Professional Services Agreement with Michael Baker International, in the amount of $36,331 for design support services during construction of the Bastanchury Road Widening between Casa Loma Avenue and Eureka Avenue Project (SI221005); and 2.) Authorize the City Manager to approve additional expenditures of up to $5,450 (15% of the requested amendment amount) for unforeseen additional services that may be necessary during construction; and 3.) Authorize the City Manager to sign and execute the amendment to the professional services agreement and potential future amendments to the agreement within the designated contingency amount, on behalf of the City Council.
7. APPROVAL OF AN AMENDMENT TO THE MAINTENANCE AGREEMENT WITH S & H CIVILWORKS FOR ON-CALL CONCRETE REPAIR SERVICES
1. S - H Civilworks Amend. for On-Call Concrete Repair - CC-PW-23-022.pdf
2. Attachment 1 – S and H Civilworks (Amendment).pdf
Recommendation:
It is recommended that the City Council: 1.) Approve an amendment to the Maintenance Agreement with S & H Civilworks, in the amount of $139,000 for additional citywide On-Call Concrete Repair and Associated services; and 2.) Authorize the City Manager to sign and execute the amendment to the professional services agreement and potential future amendments to the agreement within the designated contingency amount, on behalf of the City Council.
8. AGREEMENT WITH THE COUNTY OF ORANGE DISTRICT ATTORNEY’S OFFICE FOR PROSECUTION SERVICES
1. Contract - District Attorney Prosecution Svcs - CC-ADM-23-014.pdf
2. Attachment 1 - Prosecution Services Agreement.pdf
Recommendation:
It is recommended that the City Council approve the
agreement with the County of Orange District Attorney’s Office for prosecution services for the period of July 1, 2023 through June 30, 2028.
9. DENIAL OF CLAIMS FOR DAMAGES – CELESTINO-HERNANDEZ AND SMITH
1. Denial of Claims - Celestino-Hernandez, Smith - CC-ADM-23-012.pdf Recommendation:
It is recommended that the City Council of the City of Yorba Linda deny the claims for damages by Julian Celestino-Hernandez and Frank Smith.
10. AWARD OF CONTRACT FOR PROFESSIONAL BROADCAST AND VIDEO PRODUCTION SERVICES
1. Contract for Broadcast and Video Production Services - CC-ADM-23-015.pdf
2. Attachment 1 - Broadcast and Video Production Agreement.pdf Recommendation:
It is recommended that the City Council: 1.) Award the attached three-year contract (Attachment 1) with Tripepi Smith and Associates, Inc. for professional broadcast and video production services for the City’s public, education, and government (PEG) channel, not to exceed $107,455, and authorize the Mayor to execute the contract; and 2.) Authorize the City Manager to execute up to two (2) consecutive one (1) year extensions, in accordance with the scope of work and general terms and conditions of the contract.
11. CONSULTANT SERVICES AGREEMENTS FOR REVISIONS TO 2021-2029 GENERAL PLAN HOUSING ELEMENT
1. Revised Housing Element Contracts - CC-CD-23-008.pdf
2. Attachment 1 - KWA Letter Agreement.pdf
3. Attachment 2 - 2nd Amendment T and B Planning.pdf
4. Attachment 3 - Tripepi Smith Letter Agreement.pdf
Recommendation:
Staff recommends that the City Council take the following actions: 1.) Approve Letter of Agreement extending existing contract with Karen Warner Associates (KWA) for preparation of revisions to 2021-2029 General Plan Housing Element; and, 2.) Approve 2 nd
Amendment to existing contract with T&B Planning, Inc., for preparation of CEQA compliance documentation related to revisions to 2021-2029 General Plan Housing Element; and, 3.) Approve new Letter of Agreement for consultant services with Tripepi-Smith Associates, Inc. for community engagement and public outreach assistance related to revisions to the 2021-2029 General Plan Housing Element.
12. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-23-013.pdf
2. 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.
13. COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR FISCAL YEAR 2023/24 FUNDING
1. CDBG Application FY 23-24 Funding - CC-CD-23-007.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 approve the projects associated with Yorba Linda’s Community Development Block Grant (CDBG) application for Fiscal Year 2023-2024. Furthermore, the Council may direct staff to submit an application package to the County of Orange Housing and Community Development offices in accordance with the previously approved Cooperation Agreement between the City of Yorba Linda and the County of Orange executed on June 17, 2014.
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 May 2, 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.