Yorba Linda — 2023-03-21

ANNOUNCEMENT OF CLOSED SESSION ITEMS\nCITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY\nA. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, SIGNIFICANT\nEXPOSURE TO LITIGATION\nGovernment Code Section 54956.9(d)(2) (4 Cases)\nB. CONFERENCE WITH REAL PROPERTY NEGOTIATOR\nGovernment Code Section 54956.8\nProperty: APNS: 323-231-24, 334-331-01, 03, 04, 05, 323-521-47, 322-221-01, 03, 18, 19, 20,\n21, 22 and 322-331-03\nCity Negotiators: City Manager Pulone\nProperty Negotiators: Parties To Be Determined\nUnder Negotiation: Price and Terms of Payment

10. DENIAL OF CLAIMS FOR DAMAGES – AGUILAR, FITKOWSKI AND MERCURY\nINSURANCE SUBROGATION FOR MULVIHILL\nRecommendation:\nIt is recommended that the City Council of the City of Yorba Linda deny the claims for\ndamages by Larry Aguilar, Sophia Fitkowski and Family, and Mercury Insurance Company\nsubrogation for Jamie Mulvihill.

11. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING\nRecommendation:\nIt is recommended that the City Council receive and file this report.

12. COUNCIL COMMITTEE AND AGENCY REPORTS\nRecommendation:\nIt is recommended that the City Council receive and file this report.\nPage 4 of 6

13. ANNEXATION TERRITORY TR 17341 (CIELO VISTA) PUBLIC HEARING TO\nTABULATE PROP 218 BALLOTS AND, CONSIDERATION OF RESOLUTION NO. 2023-\n5843, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR FY 22/23 FOR ANNEXATION\nAND ESTABLISHMENT OF ASSESSMENTS\na. Open Public Hearing\nb. Staff Report\nc. Take Testimony\nd. Close Public Hearing\ne. Make Determination\nRecommendation:\nIt is recommended that the City Council take the following actions, in order: 1.) Conduct the\nPublic Hearing upon the proposed establishment of assessments and annexation, and\nconsider all objections and protests, whether written or oral, if any; 2.) Close the Public\nHearing and direct staff to tabulate the Proposition 218 Ballots for the Annexation Territory of\nTract 17341, known as the Cielo Vista Development within the Arterial Lighting Zone, Arterial\nLandscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K, and\ndepending on the circumstances take the following actions: a.) If after the ballots are tabulated\na Majority Protest does exist, make findings that there is a Majority Protest for the zone,\nabandon the proceedings for the proposed establishment of assessments, and direct staff to\nbring back a plan to coordinate next steps; or b.) If after the ballots are tabulated a Majority\nProtest does not exist, adopt Resolution No. 2023-5843, pursuant to the provisions of the\nLandscaping and Lighting Act of 1972, annexing and confirming the diagram and assessments\nfor Fiscal Year 2022/2023 for the Annexation Territory of Tract 17341, known as the Cielo\nVista Development within the Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic\nSignal Zone TS-2, and Local Landscaping Zone L-2K, the overruling of all protests concerning\nthe assessments, and levy of the assessments confirmed herein.\nCITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY\nCOUNCILMEMBERS/ OTHER AGENCY REPORTS\nCLOSED SESSION IF REQUIRED\nPage 5 of 6

2. ACCOUNTS PAYABLE CHECK REGISTER – MARCH 21, 2023\nRecommendation:\nIt is recommended that the City Council receive and file the accounts payable check register\ndated March 21, 2023, in the amount of $1,887,043.87.

4. TREASURER’S REPORT – JANUARY 2023\nRecommendation:\nIt is recommended that the City Council: 1.) Receive and file the attached monthly Treasurer’s\nReport; and 2.) Delegate investment responsibility to the City’s Finance Director / City\nTreasurer for a period of up to one year.

5. 2022 GENERAL PLAN ANNUAL PROGRESS REPORT\nRecommendation:\nIt is recommended that the City Council approve the General Plan Annual Progress Report\n(APR) for 2022 and authorize staff to send the APR to the Governor’s Office of Planning and\nResearch (OPR) and the State Department of Housing and Community Development (HCD) in\ncompliance with Government Code Section 65400.

6. ADOPTION OF RESOLUTION NO. 2023-5842 INITIATING PROCEEDINGS RELATIVE\nTO LEVYING ANNUAL STREET LIGHTING AND LANDSCAPE MAINTENANCE\nASSESSMENT DISTRICT (LMAD) ASSESSMENTS FOR FISCAL YEAR 2023/2024\nRecommendation:\nIt is recommended that the City Council: 1.) Adopt proposed Resolution No. 2023-5842,\ninitiating proceedings to levy annual assessments for Fiscal Year 2023/2024 for the Street\nLighting and Landscape Maintenance Assessment District (LMAD), and ordering the Engineer\nto prepare and file a report in accordance with the Landscaping and Lighting Act of 1972\n(Streets and Highways Code); and 2.) Approve Amendment No. 1 to the Professional Services\nAgreement with Willdan Financial Services (No. 21220097) in an amount of $40,500; and 3.)\nAuthorize the City Manager to sign and execute the above-listed amendment on behalf of the\nCity Council.

7. AWARD OF A PUBLIC WORKS CONSTRUCTION CONTRACT FOR THE FISCAL YEAR\n2022-23 (ZONES 5/6B) ANNUAL PAVEMENT PRESERVATION PROJECT (SI231003) TO\nALL AMERICAN ASPHALT\nRecommendation:\nPage 3 of 6\nIt is recommended that the City Council: 1.) Approve the plans and specifications for the Fiscal\nYear 2022-23 Annual Pavement Preservation Project (APPP) SI231003 for Zone 5/6B; and 2.)\nFind that the Project is categorically exempt from the California Environmental Quality Act\n(CEQA), Class 1, pursuant to CEQA Guidelines, Section 15301; and 3.) Approve a\nsupplemental budget appropriation of $6,436,144.20 from the unappropriated reserves of the\nSpecial Reserve Fund (102) with a corresponding increase to the Capital Improvement\nProgram Fund (401) budget for Project SI231001; and 4.) Approve a supplemental budget\ntransfer in an amount of $2,200,000 from the unencumbered APPP Zone 6 Project SI221009\nbudget, to the APPP Zone 5 Project SI231003 budget; and 5.) Award the public works\nconstruction contract to All American Asphalt for the Fiscal Year 2022-23 APPP (Zone 5/6B) in\nthe amount of $11,069,222 and reject all other bids; and 6.) Authorize expenditures of up to\n$1,106,922.20 (10% of construction contract cost) in contract contingencies for potential\nadditional work and unanticipated work that may arise during the course of construction; and\n7.) Authorize the City Manager to sign and execute the above-listed contract, and potential\nfuture amendments to these agreements within the designated contingency amounts on behalf\nof the City Council.

8. APPROVAL OF AMENDMENT NO. 1 - YMCA OF ORANGE COUNTY- SWIM LESSON\nINSTRUCTION AND LIFEGUARDING SERVICES\nRecommendation:\nIt is recommended that City Council approve Amendment No.1 to the March 17, 2022,\nAgreement with YMCA of Orange in the amount of $125,000 extending services through\nMarch 30, 2024.

9. APPROVAL OF AMENDMENT NO. 2 – SENIOR MOBILITY PROGRAM CABCO\nYELLOW INC.\nRecommendation:\nIt is recommended that the City Council: 1.) Approve Change Order No. 1 for Senior\nTransportation Services Agreement with CABCO Yellow Inc. in the amount of $38,000 that will\nprovide additional funding through May 31, 2023; and 2.) Approve Amendment No. 2 to the\nApril 22, 2021, Agreement with CABCO Yellow Inc. in the amount of $150,000 extending\nservices from June 1, 2023 to May 31, 2024.