Yorba Linda — 2023-06-06

City Council

#1 Closed Session
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 LEGAL COUNSEL – EXISTING LITIGATION\nGovernment Code Section 54956.9(d)(1) (1 case)\nName of Case: Kyle Brown v. City of Yorba Linda et al.\nCase Number: 30-2023-01326405-CU-PO-CJC, Superior Court, County of Orange
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10. FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT FOR 4859 MAIN\nSTREET - EVAN'S SMOKEHOUSE\nRecommendation:\nIt is recommended that the City Council authorize the City Manager to enter into the First\nAmendment to the Purchase and Sale Agreement and Joint Escrow Instructions (First\nAmendment) with Evan’s Smokehouse, associated with the sale of City-owned property\nlocated at 4859 Main Street, Yorba Linda.
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11. TWO-YEAR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF\nYORBA LINDA AND THE YORBA LINDA CHAMBER OF COMMERCE\nRecommendation:\nIt is recommended that the City Council approve and authorize the Mayor to execute a\nProfessional Services Agreement (“Agreement”) between the City of Yorba Linda and the\nYorba Linda Chamber of Commerce in the amount of $25,000 per year, for a two-year period,\ncovering fiscal years 2023/24 and 2024/25
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12. AUTHORIZE THE PURCHASE ORDER TO NTH GENERATION FOR THE\nPROCUREMENT OF RUBRIK’S COMPLETE ELITE EDITION BACKUP AND DATA\nSECURITY SOLUTION\nRecommendation:\nIt is recommended that the City Council authorize a purchase order to Nth Generation for the\nPage 4 of 6\nprocurement of Rubrik’s Complete Elite Edition, backup and data security solution.
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13. DENIAL OF CLAIM FOR DAMAGES – PICKERING\nRecommendation:\nIt is recommended that the City Council of the City of Yorba Linda deny the claim for damages\nby Mark Pickering.
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14. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST MEETING\nRecommendation:\nIt is recommended that the City Council receive and file this report.
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15. COUNCIL COMMITTEE AND AGENCY REPORTS\nRecommendation:\nIt is recommended that the City Council receive and file this report.
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16. RESOLUTION NO. 2023-5851- ORDERING COSTS FOR CITYWIDE LMAD AND\nCONFIRMATION OF ASSESSMENTS FOR FY 2023/24 OVERRULING ALL PROTESTS,\nAND LEVYING THE ASSESSMENTS CONFIRMED HEREIN\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 adopt proposed Resolution No. 2023-5 851\n(Attachment 1), pursuant to the provisions of the Landscaping and Lighting Act of 1972,\nordering that the costs for certain improvements in the Citywide Yorba Linda Lighting and\nLandscaping Maintenance Assessment District shall be raised through installments over a\nperiod of years, confirming the diagram boundaries and assessments for FY 2023/24 for the\nCitywide Yorba Linda Lighting and Landscaping Maintenance Assessment District, overruling\nall protests concerning the assessments, and levying the assessments confirmed herein.
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17. RESOLUTION NO. 2023-5850 - SOLAR CANOPY PROJECT – MAKING FINDINGS OF\nENERGY SAVINGS AND DETERMINING OTHER MATTERS IN CONNECTION WITH\nENERGY SERVICE AGREEMENTS\nPage 5 of 6\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: 1.) Approve the Solar Canopy Project by adopting\nResolution No. 2023-5850 Making Findings of Energy Savings and Determining Other Matters\nin Connection With Energy Service Agreements; and 2.) Authorize the City Manager to\nnegotiate any further changes to the Power Purchase Agreements and execute them on behalf\nof the City.\nCITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY\nCOUNCILMEMBERS/ OTHER AGENCY REPORTS\nADMINISTRATIVE REPORT
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18. PRELIMINARY REVIEW OF FISCAL YEAR 2023/24 & FISCAL YEAR 2024/25 TWO\nYEAR CAPITAL IMPROVEMENT PLAN BUDGET AND FISCAL YEAR 2023/24 - 2029/2030\nSEVEN YEAR CAPITAL IMPROVEMENT PLAN BUDGET\nRecommendation:\nIt is recommended that the City Council: 1.) Receive and file staff’s presentation regarding the\nproposed FY 2023/24 – 2029/30 Seven-Year Capital Improvement Program (CIP); and 2.)\nProvide feedback to staff regarding any changes to the list of proposed Tier 1 CIP projects\n(Attachment 1) that the City Council would like to see incorporated into the final version of the\nCIP; and 3.) Concur with staff’s changes to the list of Tier 2 CIP projects (Attachment 2) and\nprovide feedback to staff regarding any changes that the City Council would like to see\nincorporated into the final version of the CIP; and 4.) Provide feedback to staff regarding any\nchanges to the list of proposed projects identified on the 7-Year CIP list (Attachment 3).\nCLOSED SESSION IF REQUIRED
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2. ACCOUNTS PAYABLE CHECK REGISTER – JUNE 6, 2023\nRecommendation:\nIt is recommended that the City Council receive and file the accounts payable check register\ndated June 6, 2023, in the amount of $3,576,266.21.
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4. AWARD OF CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES TO ST.\nFRANCIS ELECTRIC, LLC\nRecommendation:\nIt is recommended that City Council: 1.) Award a three-year Traffic Signal Maintenance\nServices Contract to St. Francis Electric, LLC, of Riverside, Ca. in the amount of $526,579.80\n($175,526.60 annually) and reject all other bids; and 2.) Authorize the City Manager to approve\nadditional expenditures up to $ 26,328.90 (15% of the annual contract value) per year in\nagreement contingencies, for unanticipated traffic signal or street light knockdowns and\nassociated services; and 3.) Authorize the City Manager to sign and execute the contract and\npotential future amendments or change orders within the designated contingency amount and\napprove contract renewals including any unit price increase(s) as provided within this\nagreement on behalf of Council.
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5. CANCELLATION OF STREET LIGHTING AND LANDSCAPE MAINTENANCE\nASSESSMENT DISTRICT (LMAD) SPECIAL ASSESSMENT FEES FOR MULTIPLE\nASSESSMENT YEARS FOR APN 351-561-45, APN 341-311-42 and APN 341-311-45\nRecommendation:\nIt is recommended that the City Council: 1.) Cancel the Street Lighting and Landscape\nMaintenance Assessment District (LMAD) special assessment fees for assessment year 2017\nfor APN 351-561-45, and 2.) Cancel the LMAD special assessment fees from years 2017-2022\nfor APN 341-311-42 and APN 341-311-45, and 3.) Direct staff to provide written authorization\nto the Office of the Treasurer-Tax Collector to remove the specified charges.
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6. APPROVAL OF AN AMENDMENT TO THE AGREEMENT WITH BKF ENGINEERS FOR\nADDITIONAL DESIGN SERVICES ON THE YORBA LINDA BOULEVARD IMPROVEMENTS\nFROM IMPERIAL HIGHWAY TO LAKEVIEW AVENUE\nRecommendation:\nIt is recommended that the City Council: 1.) Approve a supplemental budget appropriation in\nthe amount of $76,900 from the Measure M2 Fund (212) with a corresponding increase to the\nCapital Improvement Program (CIP) budget for Project SI201001; and 2.) Approve an\namendment to the Professional Services Contract with BKF Engineers in the amount of\n$216,725 for additional design services needed to meet the ultimate capacity needs for the\nintersections of Yorba Linda Boulevard with Imperial Highway and Lakeview Avenue; and 3.)\nAuthorize the City Manager to approve additional expenditures of up to $32,509 (15% of the\nrequested amendment amount) in additional contract contingencies for unforeseen additional\nPage 3 of 6\nservices that may be necessary during design; and 4.) Authorize the City Manager to sign and\nexecute the amendment to the professional service agreement and potential future\namendments to the agreement within the designated contingency amount, on behalf of the\nCity Council.
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7. RESOLUTION NO. 2023-5847 - ANNUAL STATEMENT CONCERNING THE UPDATE\nOF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2)\nPROGRAM\nRecommendation:\nIt is recommended that the City Council adopt Resolution No. 2023-5847, approving the City's\nLocal Signal Synchronization Plan (LSSP) which is consistent with the Regional Traffic Signal\nSynchronization Master Plan.
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8. RESOLUTION NO. 2023-5848 – ANNUAL STATEMENT CONCERNING THE STATUS\nAND UPDATE OF THE CIRCULATION ELEMENT, AND MITIGATION FEE PROGRAM FOR\nTHE MEASURE M (M2) PROGRAM\nRecommendation:\nIt is recommended that the City Council adopt Resolution No. 2023-5848, affirming that the\nCity Council concurs with the current Mitigation Fee Program and affirming the City’s\nCirculation Element is in conformance with the Master Plan of Arterial Highways (MPAH).
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9. REVISION TO CITY COUNCIL POLICY C-3, USE OF GOVERNMENT ACCESS\nCHANNEL\nRecommendation:\nIt is recommended that the City Council: 1.) Adopt the revised City Council Policy C-3, Use of\nGovernment Access Channel, removing the fiscal year implementation policy; and 2.) Direct\nstaff to no longer prepare an annual report to the City Council.