Council Meeting - June 06, 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 LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1) (1 case)
Name of Case: Kyle Brown v. City of Yorba Linda et al.
Case Number: 30-2023-01326405-CU-PO-CJC, Superior Court, County of Orange
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
REVEREND LYNN STONE, YORBA LINDA PRESBYTERIAN CHURCH
CLOSED SESSION REPORT
INTRODUCTIONS & PRESENTATIONS
RECOGNITION OF UNSUNG HEROS: OCFA STATION 32
RECOGNITION BY CHAIRMAN DON WAGNER TO YORBA LINDA AS SAFE CITY
PRESENTATION FOR EMERGENCY AMBULANCE SERVICE
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 – JUNE 6, 2023
1. AP Check Register 6-6-23 - CC-FIN-23-021.pdf
2. Attachment 1 - AP Check Register 6-6-23.pdf
Recommendation:
It is recommended that the City Council receive and file the accounts payable check register dated June 6, 2023, in the amount of $3,576,266.21.
3. APPROVAL OF THE MINUTES OF THE MAY 16, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_May16_2023 - English.pdf
Recommendation:
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the May 16, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. AWARD OF CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES TO ST. FRANCIS ELECTRIC, LLC
1. Traffic Signal Maintenance Services - CC-PW-23-031.pdf
2. Attachment 1 - St. Francis Electric, LLC Bid Proposal.pdf
3. Attachment 2 – St. Francis Electric (Agreement).pdf
Recommendation:
It is recommended that City Council: 1.) Award a three-year Traffic Signal Maintenance Services Contract to St. Francis Electric, LLC, of Riverside, Ca. in the amount of $526,579.80 ($175,526.60 annually) and reject all other bids; and 2.) Authorize the City Manager to approve additional expenditures up to $ 26,328.90 (15% of the annual contract value) per year in agreement contingencies, for unanticipated traffic signal or street light knockdowns and associated services; and 3.) Authorize the City Manager to sign and execute the contract and potential future amendments or change orders within the designated contingency amount and approve contract renewals including any unit price increase(s) as provided within this agreement on behalf of Council.
5. CANCELLATION OF STREET LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT (LMAD) SPECIAL ASSESSMENT FEES FOR MULTIPLE ASSESSMENT YEARS FOR APN 351-561-45, APN 341-311-42 and APN 341-311-45
1. Cancellation of LMAD Special Assessment Fees - Multiple Zone - CC-PW-23-030.pdf
2. Attachment 1 -Letter from Office of the Treasurer-Tax Collector.pdf Recommendation:
It is recommended that the City Council: 1.) Cancel the Street Lighting and Landscape Maintenance Assessment District (LMAD) special assessment fees for assessment year 2017 for APN 351-561-45, and 2.) Cancel the LMAD special assessment fees from years 2017-2022 for APN 341-311-42 and APN 341-311-45, and 3.) Direct staff to provide written authorization to the Office of the Treasurer-Tax Collector to remove the specified charges.
6. APPROVAL OF AN AMENDMENT TO THE AGREEMENT WITH BKF ENGINEERS FOR ADDITIONAL DESIGN SERVICES ON THE YORBA LINDA BOULEVARD IMPROVEMENTS FROM IMPERIAL HIGHWAY TO LAKEVIEW AVENUE
1. BKF Amendment Yorba Linda Widening Imperial to Lakeview - CC-PW-23-026.pdf
2. Attachment 1 - BKF (Contract Amendment).pdf
Recommendation:
It is recommended that the City Council: 1.) Approve a supplemental budget appropriation in the amount of $76,900 from the Measure M2 Fund (212) with a corresponding increase to the Capital Improvement Program (CIP) budget for Project SI201001; and 2.) Approve an amendment to the Professional Services Contract with BKF Engineers in the amount of $216,725 for additional design services needed to meet the ultimate capacity needs for the intersections of Yorba Linda Boulevard with Imperial Highway and Lakeview Avenue; and 3.) Authorize the City Manager to approve additional expenditures of up to $32,509 (15% of the requested amendment amount) in additional contract contingencies for unforeseen additional services that may be necessary during design; and 4.) Authorize the City Manager to sign and execute the amendment to the professional service agreement and potential future amendments to the agreement within the designated contingency amount, on behalf of the City Council.
7. RESOLUTION NO. 2023-5847 - ANNUAL STATEMENT CONCERNING THE UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM
1. Res. Update of LSSP M2 Eligibility - CC-PW-23-032.pdf
2. Attachment 1 - Resolution 2023-5847.pdf
3. Attachment 2 - Local Signal Synchronization Plan.pdf Recommendation:
It is recommended that the City Council adopt Resolution No. 2023-5847, approving the City's Local Signal Synchronization Plan (LSSP) which is consistent with the Regional Traffic Signal Synchronization Master Plan.
8. RESOLUTION NO. 2023-5848 – ANNUAL STATEMENT CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM
1. Status and Update of MPAH M2 Eligibility - CC-PW-23-029.pdf
2. 2023-5848 Measure M2 Program.pdf
Recommendation:
It is recommended that the City Council adopt Resolution No. 2023-5848, affirming that the City Council concurs with the current Mitigation Fee Program and affirming the City’s Circulation Element is in conformance with the Master Plan of Arterial Highways (MPAH).
9. REVISION TO CITY COUNCIL POLICY C-3, USE OF GOVERNMENT ACCESS CHANNEL
1. Revision to City Council Policy C-3 Use of Government Access Channel - CC-ADM-23-026.pdf
2. C-3 Use of Government Access Channel Red Line 6 June 2023.pdf
3. C-3 Use of Government Access Channel - Revised 6 June 2023.pdf Recommendation:
It is recommended that the City Council: 1.) Adopt the revised City Council Policy C-3, Use of Government Access Channel, removing the fiscal year implementation policy; and 2.) Direct staff to no longer prepare an annual report to the City Council.
10. FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT FOR 4859 MAIN STREET - EVAN'S SMOKEHOUSE
1. First Amendment to Purchase and Sale Agreement for 4859 Main Street - Evan's Smokehouse - CC-ADM-23-023.pdf
2. First Amendment to Purchase and Sale Agreement and Joint Escrow Instructions.pdf Recommendation:
It is recommended that the City Council authorize the City Manager to enter into the First Amendment to the Purchase and Sale Agreement and Joint Escrow Instructions (First Amendment) with Evan’s Smokehouse, associated with the sale of City-owned property located at 4859 Main Street, Yorba Linda.
11. TWO-YEAR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF YORBA LINDA AND THE YORBA LINDA CHAMBER OF COMMERCE
1. Professional Services Agreement between City of Yorba Linda and Yorba Linda Chamber of Commerce - CC-ADM-23-025.pdf
2. Chamber of Commerce Contract 23-25 Final.pdf
3. SOTC Tasks 2023 - Chamber Contract Exhibit B.pdf
Recommendation:
It is recommended that
the City Council approve
and authorize the
Mayor
to execute a
Professional
Service
s
A
greement
(“Agreement”)
between the City of Yorba Linda and the
Yorba Linda Chamber of Commerce in the
amount of $25,000 per year, for a two-year period, covering fiscal years 2023/24 and 2024/25
12. AUTHORIZE THE PURCHASE ORDER TO NTH GENERATION FOR THE PROCUREMENT OF RUBRIK’S COMPLETE ELITE EDITION BACKUP AND DATA SECURITY SOLUTION
1. Rubrik Backup and Data Security Solution - CC-ADM-23-027.pdf
2. Attachment 1 - NthGeneration Quote No. 157918.pdf
3. Attachment 2 - Nth Generation Standard Terms and Conditions of Sale.pdf Recommendation:
It is recommended that the City Council authorize a purchase order to Nth Generation for the procurement of Rubrik’s Complete Elite Edition, backup and data security solution.
13. DENIAL OF CLAIM FOR DAMAGES – PICKERING
1. Denial of Claims - Mark Pickering - CC-ADM-23-019.pdf Recommendation:
It is recommended that the City Council of the City of Yorba Linda deny the claim for damages by Mark Pickering.
14. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING
1. Planning Comm. Recap 5-24-23.pdf
Recommendation:
It is recommended that the City Council receive and file this report.
15. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Council and Agency Reports CC-ADM-23-020.pdf
2. Reports from CC Organizations.pdf
Recommendation:
It is recommended that the City Council receive and file this report.
PUBLIC HEARINGS
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.
16. RESOLUTION NO. 2023-5851- ORDERING COSTS FOR CITYWIDE LMAD AND CONFIRMATION OF ASSESSMENTS FOR FY 2023/24 OVERRULING ALL PROTESTS, AND LEVYING THE ASSESSMENTS CONFIRMED HEREIN
1. FY23-24 Engineer's Report Approval - Public Hearing - CC-PW-23-027.pdf
2. Attachment 1 - Resolution No. 2023-5851.pdf
3. Attachment 2 - Yorba Linda FY 2023-2024 Engineer’s Report.pdf a. Open Public Hearing
b. Staff Report
c. Take Testimony
d. Close Public Hearing
e. Make Determination
Recommendation:
Recommendation:
It is recommended that the City Council
a
dopt proposed Resolution No. 202
3 -
5 851
(Attachment 1), pursuant to the
provisions of the Landscaping and Lighting Act of 1972, ordering that the costs for certain improvements in the Citywide Yorba Linda Lighting and Landscaping Maintenance Assessment
District shall be raised through installments
over a period of
years, confirming the
diagram boundaries and
assessments for
FY 202
3 /2
4 for
the Citywide Yorba Linda Lighting and Landscaping Maintenance Assessment District, overruling all protests concerning the assessments, and levying the assessments confirmed herein.
17. RESOLUTION NO. 2023-5850 - SOLAR CANOPY PROJECT – MAKING FINDINGS OF ENERGY SAVINGS AND DETERMINING OTHER MATTERS IN CONNECTION WITH ENERGY SERVICE AGREEMENTS
1. Solar Canopies - CC-ADM-23-024.pdf
2. Attachment 1 - Res No. 2023-5850.pdf
3. Attachment 2 - General Terms and Conditions to Energy Services Agreement.pdf
4. Attachment 3 - Community Center Energy Services Agreement.pdf
5. Attachment 4 - Library and Arts Center Energy Services Agreement.pdf
6. Attachment 5 - Black Gold Golf Club Energy Services Agreement.pdf
7. Attachment 6 - Facility Photos.pdf
8. Green Sheet - Solar Canopy Project Attachments.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: 1.) Approve the Solar Canopy Project by adopting Resolution No. 2023-5850 Making Findings of Energy Savings and Determining Other Matters in Connection With Energy Service Agreements; and 2.) Authorize the City Manager to negotiate any further changes to the Power Purchase Agreements and execute them on behalf of the City.
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS
ADMINISTRATIVE REPORT
18. PRELIMINARY REVIEW OF FISCAL YEAR 2023/24 & FISCAL YEAR 2024/25 TWO YEAR CAPITAL IMPROVEMENT PLAN BUDGET AND FISCAL YEAR 2023/24 - 2029/2030 SEVEN YEAR CAPITAL IMPROVEMENT PLAN BUDGET
1. Preliminary Review of FY 23.24 and FY 24.25 CIP Budget - CC-FIN-23-022.pdf
2. Tier 1 CIP Project List.pdf
3. Tier 2 CIP Project List.pdf
4. Seven Year CIP Project List.pdf
Recommendation:
It is recommended that the City Council: 1.) Receive and file staff’s presentation regarding the proposed FY 2023/24 – 2029/30 Seven-Year Capital Improvement Program (CIP); and 2.) Provide feedback to staff regarding any changes to the list of proposed Tier 1 CIP projects (Attachment 1) that the City Council would like to see incorporated into the final version of the CIP; and 3.) Concur with staff’s changes to the list of Tier 2 CIP projects (Attachment 2) and provide feedback to staff regarding any changes that the City Council would like to see incorporated into the final version of the CIP; and 4.) Provide feedback to staff regarding any changes to the list of proposed projects identified on the 7-Year CIP list (Attachment 3).
CLOSED SESSION IF REQUIRED
ADJOURNMENT
The next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting is June 20, 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.