Council Meeting - August 06, 2024
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)
B. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representatives: City Manager Pulone
Employee Organizations: Yorba Linda Chapter of the Orange County Employees Association; Yorba Linda Mid-Management Association; and non-represented Management Employees
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 KENNETH C. CURRY, JR., FRIENDSHIP BAPTIST CHURCH
CLOSED SESSION REPORT
INTRODUCTIONS & PRESENTATIONS
CHAMBER OF COMMERCE QUARTERLY UPDATE AND BUSINESSES OF THE MONTH RECOGNITIONS
CITY'S BUSINESS OF THE QUARTER RECOGNITION
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 – AUGUST 6, 2024
1. AP Check Register 8-6-24 - CC-FIN-24-032.pdf
2. Attachment 1 - AP Check Register 8-6-24.pdf
Recommendation:
It is recommended that the City Council receive and file the accounts payable check register and wire transfer report dated August 6, 2024, in the amount of $11,637,109.99.
3. APPROVAL OF THE MINUTES OF THE JULY 16, 2024 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Jul16_2024 - English.pdf
Recommendation:
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the July 16, 2024 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
4. APPROVAL OF THE MINUTES OF THE JULY 23, 2024 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY SPECIAL MEETING
1. Post-Meeting Minutes - CC SPC_Jul23_2024 - English.pdf Recommendation:
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the July 23, 2024 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting.
5. TREASURER’S REPORT – MAY 2024
1. Treasurers Report - May 2024 - CC-FIN-24-031.pdf
2. Attachment 1 - Treasurers Report - May 2024.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. AWARD OF CONTRACT FOR ASPHALT PAVEMENT MAINTENANCE AND REPAIR SERVICES TO HAITBRINK ASPHALT PAVING, INC.
1. Haitbrink Asphalt Pavement Maint. and Repair Services Contract - CC-PW-24-031.pdf
2. Attachment 1 - Haitbrink Asphalt Paving, Inc. Bid Proposal.pdf
3. Attachment 2 - Haitbrink Asphalt Paving, Inc. Agreement.pdf Recommendation:
It is recommended that City Council: 1.) Award a three-year contract for Asphalt Pavement Maintenance and Repair Services to Haitbrink Asphalt Paving, Inc. in the amount not-to-exceed $837,150.00 ($279,050.00 annually) and reject all other bids; and 2.) Authorize a supplemental budget appropriation in an amount of $99,050.00 from the Gas Tax Fund (211) with a corresponding budget increase to Project No. SI251002 (Account Number 4010050-461620) for a revised project budget of $279,050.00; and 3.) Authorize expenditures for contract contingencies and potential additional services or unanticipated work performance that may arise, in an amount of $125,572.50 (15% of the contract amount) for the three-year term, $41,857.50 per Fiscal Year; and 4.) Authorize the City Manager on behalf of Council to execute the proposed contract and potential future amendment 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 the Council.
7. TRANSFER OF CELL TOWER EQUIPMENT AT VETERANS PARK
1. Transfer of Cell Tower Equip. At Veterans Park - CC-PR-24-020.pdf
2. Attachment 1 - Bill of Sale Agreement.pdf
Recommendation:
It is recommended that the City Council approve the Bill of Sale Agreement related to the decommissioning of the cell tower equipment at Veterans Park and authorize the City Manager to sign said agreement.
8. APPROVAL OF A TWO-YEAR RENEWAL AMENDMENT TO THE MAINTENANCE SERVICE AGREEMENT WITH WEST COAST ARBORISTS, INC., FOR CITYWIDE TREE SERVICES AND ASSOCIATED MAINTENANCE
1. Multi-Year Citywide Tree Trimming Svcs Contract - CC-PW-24-033.pdf
2. Attachment 1 - West Coast Arborists, Inc. (11th Amendment).pdf Recommendation:
It is recommended that the City Council: 1.) Approve an amendment to the citywide tree maintenance services agreement with West Coast Arborists (WCA), Inc, to allow for an additional two-year (Fiscal Year 2024-2025 & 2025-2026) term extension in an amount not to exceed $2,837,272.00 for the two-year term, in sub amounts of $1,418,636.00 for Fiscal Year 2024-2025, and $1,418,636.00 for Fiscal Year 2025-2026; and 2.) Authorize expenditures for contract contingencies and potential additional services or unanticipated work performance that may arise, in an amount of $425,590.00 (15% of the amendment amount) for the two-year term extension, $212,795.00 for Fiscal Year 2024-2025, and $212,795.00 for Fiscal Year 2025-2026; and 3.) Upon receipt of appropriate documents, authorize the City Manager to execute the contract amendment.
9. CLASSIFICATION, COMPENSATION AND TERMS OF EMPLOYMENT FOR MISCELLANEOUS, MID-MANAGEMENT AND MANAGEMENT EMPLOYEES
1. Terms of Employment Misc, Mid-Mgmt and Mgmt Employees - CC-ADM-24-052.pdf
2. Attachment 1 - Res No. 2024-5907 - Misc Employees.pdf
3. Attachment 2 - Attachment A - OCEA Misc Employees.pdf
4. Attachment 3 - Misc Exhibit A Salary Schedule.pdf
5. Attachment 4 - Res No. 2024-5908 - MidMgmt Employees.pdf
6. Attachment 5 - Attachment B - Mid Managment Employees.pdf
7. Attachment 6 - Mid Mgmt Exhibit A Salary Schedule.pdf
8. Attachment 7 - Res No. 2024-5909 - Mgmt Employees.pdf
9. Attachment 8 - Mgmt Exhibit A Salary Schedule.pdf
10. Green Sheet - Attachments 3 5 and 8.pdf
Recommendation:
It is recommended that the City Council: 1.) Adopt the following resolutions: a.) Resolution No. 2024-5907, relating to the classification, compensation and terms of employment for Miscellaneous employees. b.) Resolution No. 2024-5908, relating to the classification, compensation and terms of employment for Mid-Management employees. c.) Resolution No. 2024-5909, relating to the classification, compensation and terms of employment for Management employees. 2.) Authorize supplemental budget appropriations of $338,532 for Fiscal Year 2024-25 across the General Fund, Library Fund, and Landscape Maintenance Assessment District (LMAD) Fund to fund the incremental costs associated with the approval of the employment agreements above what has already been included in the adopted budget.
10. FISCAL YEAR 2024/25 INVESTMENT POLICY
1. Fiscal Year 24-25 Investment Policy - CC-FIN-24-030.pdf
2. Attachment 1 - F-10 Investment Policy FY24-25 (Proposed).pdf Recommendation:
It is recommended that the City Council approve the revisions to the Investment Policy for Fiscal Year 2024/25.
11. APPROVAL OF GRANT AGREEMENT TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT AND APPROVE GRANT FUNDING APPROPRIATION FOR PROJECT FC241010
1. EECBG Grant Agreement Terms and Conditions (Project FC241010) - CC-PW-24-032.pdf
2. Attachment 1 - EECBG Agreement Special Terms and Conditions.pdf Recommendation:
It is recommended that City Council: 1.) Approve the Special Terms and Conditions (Attachment 1) for the Energy Efficiency and Conservation Block Grant (EECBG) for the Electric Vehicle Charger Installation Project FC241010; and 2.) Authorize acceptance of reimbursable grant funding via a supplemental budget appropriation in an amount of $124,310.00 from the Miscellaneous Grant Fund (207) with a corresponding budget increase to Project No. FC241010 (Account Number 4010050-461610) for a revised project budget of $299,310.00; and 3.) Authorize the City Manager on behalf of Council to sign and execute the Special Terms and Conditions (Grant Agreement) and any associated grant agreement documents including future grant amendments pertinent to the EECBG Project.
12. DENIAL OF CLAIM FOR DAMAGES - ROCHELL ESTES
1. Denial of Claim for Damages-Rochell Estes - CC-ADM-24-051.pdf Recommendation:
It is recommended that the City Council of the City of Yorba Linda deny the claim for damages filed by Rochell Estes.
13. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING
1. Planning Comm. Recap 7-24-24.pdf
Recommendation:
It is recommended that the City Council receive and file this report.
14. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-24-048.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.
15. PUBLIC HEARING ON ISSUANCE OF TAX-EXEMPT BONDS FOR VILLA PLUMOSA APARTMENTS, A RESOLUTION APPROVING THE CITY OF YORBA LINDA TO JOIN THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY AND A RESOLUTION APPROVING THE ISSUANCE OF BONDS
1. Tax-Exempt Bonds Villa Plumosa Apts Joining CSCDA - CC-CD-24-015.pdf
2. Exhibit A - Resolution No. 2024-5910.pdf
3. Exhibit B - Resolution No. 2024-5911.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.) Adopt Resolution No. 2024-5910, approving the City of Yorba Linda to join the California Statewide Communities Development Authority. 2.) Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of tax-exempt bond financing by the California Statewide Communities Development Authority for the benefit of National Community Renaissance of California (or an affiliate thereof), to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 75-unit multifamily rental housing project generally known as Villa Plumosa Apartments. 3.) Adopt Resolution No. 2024-5911, approving the issuance of Bonds by the California Statewide Communities Development Authority not to exceed $60,000,000, for the benefit of National Community Renaissance of California (or an affiliate thereof), to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 75-unit multifamily rental housing project generally known as Villa Plumosa Apartments.
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS
ADMINISTRATIVE REPORTS
16. RESYNDICATION AND REHABILITATION OF THE VILLA PLUMOSA APARTMENTS
1. Resyndication and Rehabilitation Villa Plumosa Apts - CC-CD-24-014.pdf
2. Exhibit A - Projected 15yr Cash Flow.pdf
3. Exhibit B - Historical Residual Receipt.pdf
4. Exhibit C - Development Budget.pdf
Recommendation:
It is recommended that City Council approve the transfer of the Villa Plumosa Apartments located at 4672 Plumosa Drive and the transfer and assignment of the $12,976,406 loan made by the City of Yorba Linda (“City Loan”) to Yorba Linda Housing Partners, LP (Current Owner) in connection with the Current Owner’s development of the Villa Plumosa Apartments to VP2 Apartments LP, the new partnership that has been established by National Community Renaissance of California ("National CORE") for the resyndication and rehabilitation of the Villa Plumosa Apartments.
17. ELEVENTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
1. 11th Amendment to City Manager Employment Agreement - CC-ADM-24-049.pdf
2. Attachment 1 - CM Original Agreement.pdf
3. Attachment 2 - CM First Amendment.pdf
4. Attachment 3 - CM Second Amendment.pdf
5. Attachment 4 - CM Third Amendment.pdf
6. Attachment 5 - CM Fourth Amendment.pdf
7. Attachment 6 - CM Fifth Amendment.pdf
8. Attachment 7 - CM Sixth Amendment.pdf
9. Attachment 8 - CM Seventh Amendment.pdf
10. Attachment 9 - CM Eighth Amendment.pdf
11. Attachment 10 - CM Ninth Amendment.pdf
12. Attachment 11 - CM Tenth Amendment.pdf
13. Attachment 12 - CM Eleventh Amendment.pdf
Recommendation:
It is recommended that the City Council review and approve the “Eleventh Amendment Employment Agreement” (“Eleventh Amendment”) that amends the City Manager’s employment agreement with the City and appropriate the necessary amounts in the FY 24-25 budget.
OTHER BUSINESS
At 11:00 p.m. any member of the City Council may make a motion to complete any items then under discussion and continue all remaining items on the agenda which have not been acted upon to a certain date and time to which the Council shall adjourn.
18. RESOLUTION REQUESTING CALIFORNIA INSURANCE COMMISSIONER, STATE LEGISLATURE AND GOVERNOR TAKE EMERGENCY ACTION TO STRENGTHEN CA MARKETPLACE FOR HOMEOWNERS AND COMMERCIAL PROPERTY INSURANCE (CAMPBELL, RODRIGUEZ)
1. California Insurance Commissioner Resolution (Campbell_Rodriguez).pdf
CLOSED SESSION IF REQUIRED
ADJOURNMENT
The next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting is August 20, 2024.
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.