Council Meeting - September 19, 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) (5 Cases)
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, INITIATION OF LITIGATION Government Code Section 54956.9(d)(4) (1 Case)
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION – TITLE: CITY ATTORNEY Government Code Section 54957
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 ANNE-GRETHE KROGH NIELSEN, THE DANISH LUTHERAN CHURCH & CULTURAL CENTER
CLOSED SESSION REPORT
INTRODUCTIONS & PRESENTATIONS
PROCLAMATION RECOGNIZING SEPTEMBER AS HUNGER ACTION MONTH
RECOGNITION OF SERVICE CLUBS MONTH
RECOGNITION OF DEPUTY OF THE YEAR
LAW ENFORCEMENT SERVICES UPDATE BY CHIEF OF POLICE SERVICES CAPTAIN JOSES WALEHWA
INTRODUCTION OF NEW STAFF MEMBER, PRINCIPAL MANAGEMENT ANALYST ARLENE QUINTERO
RECOGNITION OF CITY MANAGER'S TEN YEAR ANNIVERSARY
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 – SEPTEMBER 19, 2023
1. AP Check Register 9-19-23 - CC-FIN-23-038.pdf
2. Attachment 1 - AP Check Register 9-19-23.pdf
Recommendation:
It is recommended that the City Council receive and file the accounts payable check register dated September 19, 2023, in the amount of $4,867,106.46.
3. APPROVAL OF THE MINUTES OF THE AUGUST 15, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY SPECIAL MEETING
1. Post-Meeting Minutes - CC SPC_Aug15_2023 - English.pdf Recommendation:
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the August 15, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting.
4. APPROVAL OF THE MINUTES OF THE AUGUST 15, 2023 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Aug15_2023 - English.pdf
Recommendation:
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the August 15, 2023 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
5. TREASURER’S REPORT – JULY 2023
1. Treasurers Report - July 2023 - CC-FIN-23-039.pdf
2. Attachment 1 - Treasurers Report - July 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.
6. APPROVAL OF AN AMENDMENT TO THE STAFF LABOR AUGMENTATION SERVICES AGREEMENT WITH MERCHANTS LANDSCAPE SERVICES, INC.
1. Staff Augmentation Services Merchants Landscape - CC-PW-23-047.pdf
2. Attachment 1 – Merchants Landscape Services, Inc. (Amendment).pdf Recommendation:
It is recommended that the City Council: 1.) Approve Amendment No. 1, to the Staff Labor Augmentation Services Agreement with Merchants Landscape Services, Inc., increasing the agreement by $150,000, ($75,000 for FY23-24 and $75,000 for FY24-25) resulting in an aggregate contract amount not to exceed $225,000; and 2.) Authorize the City Manager to execute the amendment and approve any potential future amendments within the 15% contingency allowance, as well as unit price increase(s) as provided within this agreement on behalf of Council.
7. TERMS OF EMPLOYMENT FOR MISCELLANEOUS AND MID-MANAGEMENT EMPLOYEES
1. Terms of Employment for Misc and Mid-Management - CC-ADM-23-043.pdf
2. Attachment 1 - Res No. 2023-5859 Terms of Employment Misc.pdf
3. Attachment 2 - Res No. 2023-5859 Attachment A Letter of Understanding.pdf
4. Attachment 3 - Res No. 2023-5860 Terms of Employment Mid Management.pdf
5. Attachment 4 - Res No. 2023-5860 Attachment A Letter of Understanding.pdf Recommendation:
It is recommended that the City Council adopt the following resolutions: a.) Resolution No. 2023-5859, relating to the terms of employment for Miscellaneous employees; and b.) Resolution No. 2023-5860, relating to the terms of employment for Mid-Management employees.
8. AWARD OF CONTRACT FOR DMC DOCUMENT AND MICROFILM CONVERSION
1. DMC Contract and Microfilm Conversion - CC-CD-23-020.pdf
2. Attachment 1 - City Standard Professional Services Agreement.pdf
3. Attachment 2 - Original Professional Services Agreement with DMC.pdf Recommendation:
Staff recommends that the City Council authorize the City Manager to enter into a professional services agreement in the amount of $120,000 with DMC Document and Microfilm Conversion, as an on-call scanning and imaging service provider for the Building Division.
9. SECOND READING OF ORDINANCE NO. 2023-1107 REPEALING AND RESTATING CHAPTER 3.04 OF THE YORBA LINDA MUNICIPAL CODE RELATING TO PURCHASING
1. 2nd Reading Ordinance No. 2023-1107.pdf
Recommendation:
It is recommended that the City Council adopt Ordinance No. 2023-1107 approving changes to Chapter 3.04 of the Yorba Linda Municipal Code regarding procurement.
10. AMENDMENT TO CONTRACT WITH TRIPEPI SMITH ASSOCIATES, INC., FOR COMMUNITY ENGAGEMENT AND PUBLIC OUTREACH CONSULTANT SERVICES RELATED TO REVISIONS TO 2021-2029 GENERAL PLAN HOUSING ELEMENT
1. Amendment Housing Element Outreach Tripepi-Smith - CC-CD-23-018.pdf
2. Attachment 1 - Amendment Letter 1 Tripepi Smith.pdf
3. Attachment 2- Original Letter of Agreement Tripepi Smith.pdf Recommendation:
It is recommended that the City Council: 1.) Approve the amendment to the current Letter of Agreement, amending the existing contract with Tripepi Smith Associates, Inc., for community engagement and public outreach assistance related to revisions to the 2021-2029 General Plan Housing Element; and 2.) Approve a supplemental budget appropriation in the Planning Division budget in the amount of $100,000 for Miscellaneous Professional Services.
11. APPROVE AN AMENDMENT WITH ADVANTAGE MAILING LLC FOR PRINTING SERVICES OF THE QUARTERLY PARKS AND RECREATION ACTIVITY GUIDE
1. Amendment No. 2 with Advantage Mailing LLC - CC-PR-23-017.pdf
2. Attachment 1 - Agreement with Advantage Mailing.pdf
3. Attachment 2 - Amendment No. 1.pdf
4. Attachment 3 - Amendment No. 2.pdf
Recommendation:
It is recommended that the City Council approve Amendment No. 2 with Advantage Mailing LLC for printing services with the Parks and Recreation Department.
12. RESOLUTION NO. 2023-5861 APPROVING THE TEMPORARY STREET CLOSURES OF MAIN STREET AND ARROYO STREET
1. Temp Street Closures on Main and Arroyo - CC-PW-23-045.pdf
2. Attachment 1 - Resolution No. 2023-5861.pdf
Recommendation:
It is recommended that the City Council adopt Resolution No. 2023-5861, approving the request to close Main Street from just north of the Yorba Linda Town Center entrance to Lemon Drive and Arroyo Street from Main Street to School Street.
13. AWARD OF A PROFESSIONAL SERVICES AGREEMENT TO NCE ENGINEERING FOR PREPARATION OF THE 2024 CITYWIDE PAVEMENT MANAGEMENT (PMP) PROGRAM
1. Award PSA to NCE for 2024 PMP - CC-PW-23-048.pdf
2. Attachment 1 - NCE Engineering (Agreement).pdf
Recommendation:
It is recommended that the City Council: 1.) Approve a supplemental budget appropriation of $27,890 from the unappropriated reserves of the Measure M2 Fund (212) with a corresponding increase to the Pavement Management Program Project budget (SI241006); and 2.) Award a professional services agreement to NCE Engineering in an amount not-to-exceed $128,600 for preparation of the 2024 Citywide Pavement Management Program (PMP); and 3.) Authorize the City Manager to approve additional expenditures up to $19,290 (15% of agreement amount) in agreement contingencies for potential additional services and, for a total potential agreement amount not-to-exceed $147,890; and 4.) Authorize the City Manager to sign and execute the Professional Services Agreement and potential future amendments to the agreement within the designated contingency amount, on behalf of Council.
14. DENIAL OF CLAIMS FOR DAMAGES – FARKAS
1. Denial of Claim for Damages - Jerod Farkas - CC-ADM-23-044.pdf Recommendation:
It is recommended that the City Council of the City of Yorba Linda deny the claim for damages by Jerod Farkas.
15. CITY COUNCIL POLICY P-7 REVIEW OF PLANNING COMMISSION AGENDA OF AUGUST 23, 2023
1. Policy P-7 Review of 8-23-2023 PC Agenda - CC-CD-23-019.pdf
2. Attachment 1 - Council Policy P7.pdf
3. Attachment 2 - Draft Post-Meeting Minutes - PC_Aug23_2023 - English.pdf
4. Attachment 3 - PC CUP 2022-42 DR 2022-08 Dish Wireless SR.pdf
5. Attachment 4 - PC CUP 2023-19 Huang SR.pdf
6. Attachment 5 - PC DR 2023-01 Lu SR.pdf
Recommendation:
It is recommended that the City Council approve, by minute motion, the following Planning Commission agenda items from August 23, 2023: 1.) Conditional Use Permit 2022-42 and Design Review 2022-08 – Dish Wireless, with conditions; 2.) Conditional Use Permit 2023-19 - Huang, with conditions and 3.) Design Review 2023-01 – Lu, with conditions
16. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETINGS
1. Planning Comm. Recap 8-23-23.pdf
2. Planning Comm. Recap 9-13-23.pdf
Recommendation:
It is recommended that the City Council receive and file this report.
17. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-23-042.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.
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 October 3, 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.