Payment Events Status Timestamps
ADMINISTRATION DEPARTMENT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARK A. PULONE, CITY MANAGER
PREPARED BY: MARK K. AALDERS, ASSISTANT TO THE CITY
MANAGER
SUBJECT: DENIAL OF CLAIMS FOR DAMAGES
RECOMMENDATION
It is recommended that the City Council of the City of Yorba Linda deny the claims for damages by James Bardeen, James Gaffney and Jim & Audrey Von Zabern.
BACKGROUND
Claims for damages filed against the City are reviewed and investigated by City staff and a third-party claims administrator with the George Hills Company. George Hills Company specializes in claims management and risk management services. These services are provided through the City’s contract membership in the California Insurance Pool Authority.
Staff makes recommendations to the Council for settlement or denial based on the investigatory findings. A claimant’s failure to provide evidence of and/or supporting documents to substantiate the claim for damages will also result in a recommendation for denial of the claim.
DISCUSSION
The following claims for damages have been recommended for denial based on the investigations by City staff and the third-party claims administrator. Further details for each claim are available upon request.
James Bardeen
The claimant states that due to the tree trimming and lack of signage warning of the presence of bees that he and his dogs were stung by bees as he crossed the street towards Trailside Park. Per the City’s tree maintenance contractor, West Coast Arborists, the crew was trimming when unbeknownst to them they came across a tree which was infested with bees.
In a post recorded statement by the City’s third-party administrator, the claimant acknowledged that he walks the area everyday with his dogs and had never seen bees in these trees before prior to this incident.
DENIAL OF CLAIMS FOR DAMAGES
P a g e | 2
The City, nor the contractor, can predict an encounter with a beehive or control bees in their natural environment. Therefore, a natural condition immunity applies in this case. The thirdparty claims administrator and City staff recommend denying the claim.
James Gaffney
The claimant alleges that his fence, cement slab and foundation were being damaged by City eucalyptus tree roots adjacent to his property. Staff investigated the claim and noted the following.
Public Works staff surveyed the fence line and determined that the eucalyptus tree roots are not causing damage to the fence or raising concrete slabs on the claimant’s property.
The claimant’s northern fence is made up of wood slats and railroad ties bracing the slats together. It is evident, that the slats and railroad ties have rotted out over time causing them to break and bulb out. This damage is not caused by eucalyptus tree roots. Material(s) made out of wood are not intended to retain soil and have plant materials which are watered regularly. The watering of the plant material on the claimant’s property is causing the wood to rot out.
The fence is on private property and was originally in place prior to the purchase of the claimant’s home. The fence naturally aged and decayed which requires needed repairs/replacement to be made by the property owner.
In the timeframe in which the claim was investigated, the claimant used a private contractor to repair the fence. Therefore, the third-party claims administrator and City staff recommend denying the claim.
Jim and Audrey Von Zabern
The claim entails two eucalyptus tree branches falling onto the claimant’s personal vehicle (pickup truck) during a windstorm. City staff responded to the claim to remove the tree branches and investigated the incident. The claimant states that the branches fell between the hours of midnight and 8am. During this timeframe, the weather report reflects high winds upwards of 15-22 miles-per-hour which qualifies as a wind event.
Per the request of the third-party claim’s administrator, staff provided detailed tree trimming records for the eucalyptus trees located on El Cajon Trail behind the claimant’s property. The records reflected that the trees were maintained in accordance with arborist standards and the City’s three-year trimming cycle.
In such a case that a wind event caused the damage and the City maintained its trees in accordance with National Arborist standards, the occurrence of such damage is deemed an “act of God” and thereby the City is not liable for said damage.
Therefore, the third-party claims administrator and City staff recommend denying the claim.
DENIAL OF CLAIMS FOR DAMAGES
P a g e | 3
FISCAL IMPACT
None
ALTERNATIVES
As an alternative to staff’s recommendations for the claims, the City Council has the following options:
1. Accept liability for the claims and pay the amount specified in the claim forms.
2. Grant settlement authority up to a certain amount and direct the claims adjuster to enter into settlement negotiations with the claimants.
CITY OF YORBA LINDA
PLANNING COMMISSION
AGENDA ITEM SUMMARY
Meeting Date: March 9, 2022
Community Development Department
Planning Division
Director
David Brantley, AICP
APPROVAL OF FEBRUARY 9, 2022, PLANNING COMMISSION MEETING MINUTES A motion was made by Chair Pro Tem Pease, Second by Commissioner Singh to approve the February 9, 2022, Planning Commission meeting minutes. The motion carried (5-0) with the following roll call vote:
AYES: Darnell, Masterson, Pease, Singh, Bernstein
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT 2022-02 SANDOVAL A motion was made by Chair Pro Tem Pease, Second by Commissioner Singh to continue CUP 2022-02 Sandoval to a date certain of April 13, 2022. The motion carried (5-0) with the following roll call vote:
AYES: Darnell, Masterson, Pease, Bernstein, Singh
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT 2022-01 GUL/CHAUDRY A motion was made by Chair Pro Tem Pease, Second by Commissioner Bernstein to adopt Resolution No. 5492 approving CUP 2022-01 Gul/Chaudry with conditions. The motion carried (5-0) with the following roll call vote:
AYES: Darnell, Masterson, Pease, Bernstein, Singh
NOES: None
ABSENT: None
ABSTAIN: None
GOVERNMENT CODE SECTION NO. 65402 FINDING RE: CITY CONVEYANCE OF
UNADDRESSED MAIN STREET PARKING LOT PROPERTY
A motion was made by Chair Pro Tem Pease, Second by Commissioner Bernstein to adopt Resolution No. 5493 finding that the conveyance of the subject City-owned Main Street former public parking lot property for the purpose of establishment of a future, albeit presently undetermined, use that is consistent with the Town Center Specific Plan would be in conformance with the Yorba Linda General Plan, as required by State Government Code Section No. 65402.
2 The motion carried (5-0) with the following roll call vote:
AYES: Darnell, Masterson, Pease, Bernstein, Singh
NOES: None
ABSENT: None
ABSTAIN: None
Adjournment: The meeting adjourned at 7:03 p.m. to the April 13, 2022, Planning Commission meeting at 6:30 p.m.
SELECT YOUR DEPARTMENT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS
RECOMMENDATION
It is recommended that the City Council receive and file this report.
DISCUSSION
City Council members serve on a number of outside committees and agencies. Attached are updates received recently from these agencies.
ATTACHMENTS
1. Reports from City Council Organizations, Agencies and Committees
Transportation Corridor Agencies
For the February 10, 2022, Meeting
BOARD MEETING HIGHLIGHTS
F/ETCA BOARD OF DIRECTORS
Peggy Huang, Chair,
YORBA LINDA
Joseph Muller, Vice Chair,
DANA POINT
Trevor O’Neil,
ANAHEIM
Farrah Khan,
IRVINE
Scott Voigts,
LAKE FOREST
Patricia Kelley,
MISSION VIEJO
Mark A. Murphy,
ORANGE
Anthony Beall,
RANCHO SANTA MARGARITA
John Taylor,
SAN JUAN CAPISTRANO
David Penaloza,
SANTA ANA
Austin Lumbard,
TUSTIN
Donald P. Wagner,
COUNTY OF ORANGE, 3RD DIST.
Doug Chaffee,
COUNTY OF ORANGE, 4TH DIST.
Lisa Bartlett,
COUNTY OF ORANGE, 5TH DIST.
Ryan Chamberlain, Ex-Officio
Member, CALTRANS DIST. 12
SJHTCA BOARD OF DIRECTORS
Will O’Neill, Chair,
NEWPORT BEACH
Janine Heft, Vice Chair,
LAGUNA HILLS
Richard Hurt,
ALISO VIEJO
Arlis Reynolds,
COSTA MESA
Richard Viczorek,
DANA POINT
Farrah Khan,
IRVINE
Fred Minagar,
LAGUNA NIGUEL
Cynthia Conners,
LAGUNA WOODS
Patricia Kelley,
MISSION VIEJO
John Taylor,
SAN JUAN CAPISTRANO
David Penaloza,
SANTA ANA
Donald P. Wagner,
COUNTY OF ORANGE, 3RD DIST.
Lisa Bartlett,
COUNTY OF ORANGE, 5TH DIST.
Ryan Chamberlain, Ex-Officio
Member, CALTRANS DIST. 12
73/133/241/261 TOLL ROADS
BOARDS REVIEW STRATEGIC PLAN
The SJHTCA and F/ETCA Boards of Directors were presented with the FY23 Strategic Plan draft for review before final consideration at a future Boards of Directors meeting. On December 9 and 10, the Boards participated in a joint strategic planning workshop to discuss and develop the new seven-year Strategic Plan. The seven pillars of the Strategic Plan include goals, objectives and activities for:
• Fiscal Management
• Capital Project Delivery
• Tolling Technologies
• Customer Service
• Environmental Stewardship
• Communication and Public Engagement
• Regional Mobility Partnerships
The document was well received by the Directors as drafted and no significant changes were identified as necessary.
Highlights of the draft include:
• Advancing $496 million in capital projects without use of federal, state or Measure M dollars, continuing the Agencies practice of self-reliance.
• Planning for the early paydown of $600 million in callable bonds which would result in total interest savings of approximately $1.4 billion in about a decades time.
• Continuing the Agencies’ legacy of environmental stewardship and looking for innovative ways to leverage environmental investments to continue supporting habitat and wildlife while exploring recreational and food security concepts.
• Increased focus on innovation to enhance safety, increase throughput, support climate objectives and reduce costs through concepts such as solar and electrification; connected and autonomous vehicles; mobility as a service provider; cloud-based platforms and Blockchain.
QUARTERLY CUSTOMER SERVICE REPORT SHOWS HIGH LEVELS OF
CUSTOMER SATISFACTION
The SJHTCA and F/ETCA Boards of Directors were presented with the Agencies’ Quarterly Customer Service Report, which demonstrated an overall satisfaction rate of
4.5 out of 5, which is an “A” rating, reflecting customers’ positive experience with the The Toll Roads’ customer service team. When broken down to customer type, it was important to note that violators gave TCA a stellar 4.4 rating, reflecting the Agencies’ customer leaning policies and practices. The high scores are the result of TCA’s commitment to quality customer service.
A strong example of TCA’s commitment to customer service is despite an increase in customer volume, the quarterly report highlighted a decrease in the average wait time compared to the first quarter report of FY21. Additionally, 91 percent of calls were answered within five minutes, averaging a one minute and 41 seconds wait time as opposed to FY20 second quarterly report wait time of one minute and 50 seconds.
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY BOARD UNANIMOUSLY APPROVES PLANNING SERVICES FOR THE SR 73 CATALINA VIEW IMPROVEMENT PROJECT The SJHTCA Board of Directors unanimously approved contracts for services needed to advance the State Route (SR) 73 Catalina View Improvement Project. The contracts will help plan services to mitigate the recurring congestion by adding a fourth lane in the northbound and southbound directions between Laguna Canyon Road and Newport Coast Drive and ultimately widening the road. SR 73 was designed with a wide unpaved median to accommodate future improvements. In supporting moving forward with the development of this project, the SJHTCA has contracted with two prominent firms in the industry:
• Mark Thomas & Company Inc. in an amount not –to exceed $1,247,431 to provide the preliminary engineering services • HDR in an amount not –to exceed $786,000 to provide environmental planning services
BOARDS APPROVE MUNICIPAL FINANCIAL ADVISORY CONTRACT
The SJHTCA and F/ETCA Boards of Directors unanimously approved a contract with PFM Financial Advisors LLC for Municipal Advisory Services.
Municipal Financial Advisory Services from PFM involves supporting the Agencies with a range of ongoing financial support and advice including:
• Assisting in developing and presenting information to rating agencies, bond insurers and investors • Evaluating and analyzing proposals on financial opportunities to reduce debt
FINANCE DEPARTMENT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIANNA HONEYWELL, FINANCE DIRECTOR / CITY TREASURER SUBJECT: FISCAL YEAR 2021/22 MID-YEAR BUDGET UPDATE
RECOMMENDATION
It is recommended that the City Council:
1. Approve adjustments to the fiscal year 2021/22 operating budget as follows Fund Resources Appropriations
General Fund $1,337,030 $743,985
LMAD Fund $ 19,645 $ 41,500
Library Fund $ 64,515 $ 6,535
Black Gold Golf Course Fund $1,089,300 $551,790
CIP Fund $ 63,000 $ 63,000
Total $2,573,490 $1,406,810
2. Receive and file the attached list of line-item budget transfers and supplemental budget appropriations for the first two quarters of the fiscal year (Attachment 1), as required by City Council Policy A-15 – Supplemental Budget and Line-Item Transfers.
BACKGROUND
On June 15, 2021, the City Council adopted the Two-Year Budget for fiscal years 2021/22 and 2022/23. On December 21, 2021, staff presented the first quarter budget update for fiscal year 2021/22. As part of the first quarter update, the proceeds from the sale of the West Bastanchury property were identified. Expenditures at that time were unchanged.
DISCUSSION
Since the budget was adopted in June, the City Council has made additional appropriations, the revenue projection for the General Fund has been revised based on new information and the City Manager has authorized several small adjustments to the budget pursuant to City Council Policy F-4. Proposed revisions to the revenue and appropriations estimates are discussed throughout the report and summarized below.
FISCAL YEAR 2021/22 MID-YEAR BUDGET UPDATE
P a g e | 2
Requested Mid-Year Budget Adjustments to the General Fund Revenue projections, for the most part, are increasing across most categories. When the budget was developed, there was still some uncertainty related to the COVID-19 pandemic.
The economy has recovered stronger than anticipated over the last eight months, so General Fund revenue is being adjusted accordingly. Expenditures also need to be adjusted as we progress through the fiscal year.
General Fund Revenue Adjustments
Total operating revenue is projected to increase by $982,555 with total revenue (including interfund transfers) increasing by $1,337,030. Highlights of the changes include an increase in expected sales tax revenue ($458,850), property transfer tax ($250,000), transient occupancy tax ($75,000) and interest revenue ($90,000). The increase in the interfund transfers ($354,475) is related to the transfer from the American Rescue Plan Act (ARPA) Fund. City Council authorized the use of these funds for the lump sum payment as part of employment contract negotiations which concluded in December 2021. This represents the General Fund portion of the payment.
General Fund Expenditure Adjustments
The operating expenditures are projected to increase by $743,985. Highlights of the changes are summarized as follows:
Administration - <$94,355>
Personnel – Increase in retirement benefit payments and medical examination costs ($21,205).
Information Systems – Contract Services for Finance System update ($30,000). Emergency Management – Personnel cost adjustments, CPR training costs, miscellaneous contract services ($9,935).
City Clerk – Special supplies, printing, off-site record storage offset by the removal of the Measure B election cost that is no longer necessary during FY 21/22. (<$155,475>).
Public Works - $90,035
Administration – Overtime, additional recruiting advertisement costs and office furniture ($10,300).
Project Development – Overtime, design and creation of plans for future construction of missing trail connection along Highland Avenue adjacent to the YLWD reservoir, consultant services for a parkway treatment inventory project ($37,000). Infrastructure Maintenance – Gasoline due to increased supply costs, property tax assessments ($41,735).
NPDES – Overtime ($1,000).
FISCAL YEAR 2021/22 MID-YEAR BUDGET UPDATE
P a g e | 3
Parks & Recreation - $200,665
Administration – Overtime, special supplies ($10,000). Contract Class - Overtime, Increase to contract class instructor costs ($115,750). Community Center – Special supplies, contract services, property tax special assessments, custodial services and facilities maintenance ($36,915). Field House – Overtime, special supplies, landscape services and facilities maintenance ($38,000).
Finance - $34,350
Personnel and consultant services costs related to staff absences ($34,350) Non-Departmental/Debt Service - <$84,810>
Increase in postage ($5,000) offset by the elimination of the second debt service payment on the Cultural Arts Center due to the payoff earlier in the fiscal year. (<$89,810>).
Transfers - $598,080
Transfer to Special Reserves for the loan repayment for the Town Center project.
This is the final payment ($478,464).
Transfer to the Affordable Housing Fund for the 20% set aside portion of the City loan repayment ($119,616).
After considering the recent allocation of General Fund reserves in excess of 50% at the end of FY 2020/21 and the current anticipated results for FY 2021/22, General Fund reserves are estimated to be at 59.3% of General Fund operating expenditures.
The following schedule summarizes the changes to the General Fund resources and appropriations that are proposed in this report.
Total Budgetary Reserves 23,588,651.20
Use of Reserves from FY 2020/21 (1,967,729.00)
Mid-Year Excess Reserves Over Appropriations 1,887,854.00 23,508,776.20
Percentage 59.30%
FISCAL YEAR 2021/22 MID-YEAR BUDGET UPDATE
P a g e | 4
Requested Mid-Year Budget Adjustments to the LMAD Fund
There are minor adjustments to the LMAD fund including the transfer in of funds from the ARPA Fund for the portion of the lump sum payment for employment contracts attributable to LMAD employees ($19,645). One expenditure adjustment to the LMAD Fund includes an appropriation for a part-time Maintenance Inspector which was an oversight when the ADJ BUDGET YTD ACTUALS MID-YEAR REVISED 12/31/2021 12/31/2021 ADJUSTMENT BUDGET
RESOURCES
Property Taxes $ 22,495,783.00 $ 7,481,592.00 $ - $ 22,495,783.00 Sales & Use Tax 7,699,850 2,682,405 458,850 8,158,700
Franchise Tax 2,183,785 312,511 (59,500) 2,124,285
Other Taxes 1,592,000 648,916 425,325 2,017,325
Fees, Charges & Permits 2,126,618 1,440,921 20,175 2,146,793 Parks & Recreation Revenue 1,835,880 902,969 (2,795) 1,833,085 Administrative Charges 1,761,766 872,862 - 1,761,766
Other Revenue 806,215 197,028 140,500 946,715
Total Operating Revenue 40,501,897 14,539,204 982,555 41,484,452 Interfund transfers 2,856,330 2,335,393 354,475 3,210,805 Fd Balance Reserves 1,102,561 370,677 - 1,102,561
Total Resources 44,460,788 17,245,274 1,337,030 45,797,818
APPROPRIATIONS
Administration $8,224,346 $4,825,810 ($94,335) $8,130,011 City Attorney 650,000 302,248 - 650,000
Community Development 3,969,790 1,679,844 - 3,969,790
Finance 1,209,340 628,689 34,350 1,243,690
Non-Departmental 30,800 10,307 5,000 35,800
Parks & Recreation 8,021,041 3,904,376 200,665 8,221,706 Police Services 13,193,712 6,563,589 - 13,193,712
Public Works 6,192,044 2,500,298 90,035 6,282,079
Vacancy Factor (241,358) - - (241,358)
Total Operating Expenditures 41,249,715 20,415,161 235,715 41,485,430 Capital Projects - - - -
Debt Service 179,620 89,810 (89,810) 89,810
Transfer to Special Reserves - 478,464 478,464 478,464
Transfer to Affordable Housing - 119,616 119,616 119,616 Transfer to LMAD 872,632 - - 872,632
Transfer to Capital Projects Fund 864,012 - - 864,012
Total Appropriations 43,165,979 21,103,051 743,985 43,909,964 Excess Resources over Appropriations $1,294,809 ($3,857,777) $593,045 $1,887,854 Fund Balance Reserves @ 7/1/2021 25,289,292 25,289,292 25,289,292 25,289,292.00 Less Uses of Fd Bal Reserves (1,102,561) (370,677) - (1,102,561) Est. Fund Balance Reserves @ 6/30/22 25,481,540 21,060,838 25,882,337 26,074,585 Uses of Fund Balance Reserves:
GF Carryovers from FY 20/21 1,102,561 370,677 - 1,102,561
CITY OF YORBA LINDA
GENERAL FUND BUDGET
FY 2021/22 - MID-YEAR BUDGET TOTALS
FISCAL YEAR 2021/22 MID-YEAR BUDGET UPDATE
P a g e | 5
budget was adopted ($41,500). Also being requested is a transfer in the amount of $35,000 from miscellaneous maintenance services to special supplies.
Requested Mid-Year Budget Adjustments to the Library Fund There are minor adjustments to the Library Fund including the transfer in of funds from the ARPA Fund for the portion of the lump sum payment for employment contracts for the employees working at the Library ($64,515). There is a minor change to the expenditures for the appropriation for property taxes related to special assessment charges ($6,535).
Requested Mid-Year Budget Adjustments to the Black Gold Golf Course Fund Black Gold has seen an uptick in all categories (golf rounds, range visits, pro shop and food & beverage sales) which has increased revenue projections by nearly $1.1 million during FY 2021/22. There are some unforeseen capital repairs that need to be addressed during FY 2021/22 which are projected to be $75,000. These include repairs to the kitchen hood system, unanticipated IT repairs and repairs to the driving range lighting control panel. An additional item to be discussed is the repayment of the loan between the Black Gold Golf Course Fund (BGGC) and the Master Plan of Drainage Fund that occurred in FY 2019/20.
At that time, it was agreed that this loan would eliminate the BGGC Fund negative cash balance and would be repaid over a ten-year period with variable interest due annually.
These payments were to commence in FY 2020/21. Staff is proposing that the Council authorize the payment of the FY 2020/21 and FY 2021/22 payments for a total amount of $476,790. These payments do not affect the net income of the BGCG Fund as this balance is a liability on the balance sheet. Payment of this debt will reduce cash and the liability on the balance sheet of the BGGC Fund.
Requested Mid-Year Budget Adjustments to the CIP Fund
There is an additional funding request for the existing Traffic Calming Project (TC211006) in the amount of $63,000, funded by Measure M2. A budget of $200,000 was approved during the two-year budget cycle (FY 21/22 & FY 22/23) for the cumulative costs associated with the project. During FY 20/21, Council approved staff to proceed with the Local Roadway Safety Plan project with a total cost of $63,000. The award of the grant funds should have been added to the $200,000 rather than supplant funding. This appropriation increases the total project to $263,000.
FISCAL IMPACT
Staff’s current projection for fiscal year 2021/22 remains positive with a projected General Fund budget surplus of $1.9 million and operating reserves of 59.3% of General Fund expenditures, safely above the required minimum balance of 50% of General Fund expenditures.
FISCAL YEAR 2021/22 MID-YEAR BUDGET UPDATE
P a g e | 6
ALTERNATIVES
The City Council could choose not to approve one or more of the mid-year budget adjustments and/or provide staff with direction to undertake any additional analysis by the City Council.
ATTACHMENTS
1. List of Budget Adjustments for the Second Quarter of Fiscal Year 2021/22
Date Type Purpose Amount Authorization Fund Department Account No. Project string 7/20/2021 Appropriation Adventure Playground Funding (Park In-Lieu) $ 1,400,000 City Council CIP Parks & Rec 1010330-424220 PR201002 BUA-151 7/20/2021 Appropriation Adventure Playground Funding (Gen Fund -W. Bastanchury) $ 864,012 City Council CIP Parks & Rec 1010330-424220 PR201002 BUA-151 8/10/2021 Transfer Move budget to Maintenance category $ 20,000 City Manager General Public Works 1010330-424220 BUA-32 8/24/2021 Transfer Additional Funds for Office Furniture $ 350 City Manager General Community Dev. 1010220-461100 BUA-124 8/25/2021 Transfer Audio Equipment for Community Center $ 6,988 City Manager General Parks & Recreation 1010440-461120 BUA-132 8/31/2021 Transfer Autocad License - move from PW to Admin (IT) $ 4,000 City Manager General Administration 1010130-461120 BUA-166 9/10/2021 Transfer Facilities Maintenance - move from Telephone $ 3,000 City Manager General Police Services 1010500-432750 BUA-49 9/21/2021 Transfer Air Conditioning Unit - Community Center move from Fac. Maint. $ 8,050 City Manager General Parks & Recreation 1010440-463050 BUA-105 10/5/2021 Appropriation MSRC Grant for Library/Cultural Arts Center EV Station $ 87,990 City Council CIP Community Dev. 4010050-461610 FC211001 BUA-148 10/5/2021 Appropriation AB2766 Funds for Library/Cultural Arts Center EV Station $ 2,750 City Council CIP Community Dev. 4010050-461610 FC211001 BUA-148 10/5/2022 Appropriation Net Proceeds From Sale of West Bastanchury $ 2,235,393 City Council General Administration 1015999-399020 Pending 10/8/2021 Transfer New Office Chairs $ 2,000 City Manager General Parks & Rec 1010400-461100 BUA-46 10/19/2021 Appropriation Temporary Inspection Services $ 80,000 City Council General Public Works 1010310-433200 BUA-74 10/22/2021 Appropriation Temporary Personnel $ 10,000 City Manager General City Clerk 1010160-433200 BUA-139 10/26/2021 Appropriation Additional Funds - Playground Safety Surfacing (Special Reserves) $ 18,000 City Manager CIP Parks & Rec 4010050-461610 FC221006 BUA-156 10/26/2021 Appropriation Additional Funds - YLCC Parking Lot Lighting (Special Reserves) $ 8,000 City Manager CIP Parks & Rec 4010050-461610 FC221003 BUA-156 10/26/2021 Appropriation Additional Funds - Vehicle Purchases (Special Reserves) $ 1,000 City Manager Special Reserves Parks & Rec 1021000-461050 BUA-156 11/2/2021 Appropriation Additional Funds - Jessamyn West $ 20,000 City Manager CIP Parks & Rec 4010050-461660 PR211001 BUA-13 11/5/2021 Transfer Transfer funds for staff polos $ 750 City Manager Library Library 2020700-424550 BUA-42 11/9/2021 Transfer Transfer Funds for AV System for Cultural Arts Center $ 22,068 City Manager General Parks & Rec 1010475-461120 BUA-52 12/6/2021 Transfer Transfer Funds for digital collection @ Library $ 4,000 City Manager Library Library 2020730-421440 BUA-35 12/7/2022 Appropriation Lump Sum Payment Per Employment Agreements (ARPA) $ 354,475 City Council General Various Various BUA-201 12/7/2022 Appropriation Lump Sum Payment Per Employment Agreements $ 19,645 City Council LMAD Public Works Various BUA-201 12/7/2022 Appropriation Lump Sum Payment Per Employment Agreements $ 64,515 City Council Library Library Various BUA-201 12/7/2022 Appropriation Lump Sum Payment Per Employment Agreements $ 1,545 City Council CDBG CDBG Various BUA-201 12/7/2022 Appropriation COLA Payment Per Employment Agreements $ 138,680 City Council General Various Various BUA-201 12/7/2022 Appropriation COLA Payment Per Employment Agreements $ 10,600 City Council LMAD Public Works Various BUA-201 12/7/2022 Appropriation COLA Payment Per Employment Agreements $ 23,930 City Council Library Library Various BUA-201 12/7/2022 Appropriation Operating Carryovers from FY 20/21 $ 1,102,561 City Council General Various Various BUA-333/204/264 Total $ 6,514,302
City of Yorba Linda
Quarterly Listing of Year-To-Date Line-Item Budget Transfers and Supplemental Budget Appropriations Fiscal Year 2021/22 - Mid-Year
PARKS AND RECREATION DEPARTMENT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, PARKS AND RECREATION DIRECTOR
SUBJECT: AMENDMENT NO. 6 TO THE VETERANS MEMORIAL MONUMENT
AGREEMENT
RECOMMENDATION
It is recommended that the City Council approve Amendment No. 6 to the Veterans Memorial Monument Agreement to authorize the Veterans Memorial Association to complete construction of a flag stand wall.
BACKGROUND
On May 20, 2008, the City Council approved the agreement between the City and the Yorba Linda Veterans Memorial Association for the construction, funding, and site plan preparation for a Veterans Memorial Monument at Veterans Park. This unique partnership gives the Yorba Linda City Council, the Association, and all citizens of Yorba Linda the opportunity to express their gratitude to those who have made sacrifices and dedicated their lives in serving our country in the pursuit of liberty. Subsequent to that approval, the City Council also approved five amendments to the original agreement. Amendment No. 1, approved by the Council on April 21, 2009, allowed the construction of the Gold Star Walk of Honor to honor those residents or natives of Orange County who have been killed in action. Amendment No. 2, approved by the Council on June 2, 2009, clarified language in the agreement.
Amendment No. 3 was approved by the Council on April 20, 2010 to allow for the construction and installation of additional memorial bricks for veterans and active military.
Amendment No. 4, approved by City Council on August 2, 2016, allowed for construction of the Battlefield Memorial statue and associated site work adjacent to the Gold Star Walk of Honor. Amendment No. 5, approved June 2, 2020, authorized the Veterans Memorial Association to complete construction of a walkway adjacent to the Gold Star Walk of Honor; clarified maintenance responsibilities of the City and the Veterans Memorial Association; and canceled loan repayment due to in-kind donations valued in excess of the debt.
DISCUSSION
The purpose of Amendment No. 6 is to authorize the Veterans Memorial Association to construct a flag stand wall that will wrap around the existing wall where the bronze plaques
AMENDMENT NO. 6 TO THE VETERANS MEMORIAL MONUMENT AGREEMENT P a g e | 2
are mounted. The wall would be the base for nine flags that would be displayed during ceremonies. The nine flags represent each of the six branches of the military as well as flags to recognize the American Legion, the Veterans of Foreign Wars, and the Gold Star Moms Association. The Veterans Memorial Association would like to complete the construction prior to Memorial Day.
FISCAL IMPACT
There is no fiscal impact associated with this amendment. The Veterans Memorial Association intends to fund this project through existing funds on hand and donations for the project.
ALTERNATIVES
An alternative is to not approve Amendment No. 6 and provide direction to staff.
ATTACHMENTS
A. Amendment No. 6 - Yorba Linda Veterans Memorial Monument Agreement B. Letter from the Veterans Memorial Association
A
B
AMENDMENT NO. 6 TO VETERANS MEMORIAL MONUMENT AGREEMENT This Amendment No. 6 ("Amendment No. 6"), effective as of March 15,2022, is entered into by and between the City of Yorba Linda and the Yorba Linda Veterans Memorial Association concerning the Veterans Memorial Monument.
RECITALS
The City of Yorba Linda ("City") is a general law city duly organized and existing under and by virtue of the laws of the State of California.
The Yorba Linda Veterans Memorial Association ("Association") is a non-profit corporation (ElN 83-0435079) duly organized under the State of California and has qualified as a non-profit organization for purposes of lnternal Revenue Code 501(c)(3).
The City and Association duly executed and entered into that certain Veterans Memorial Monument Agreement ("lnitial Agreement") on or about May 20, 2008, and those certain amendments including Amendment No. 1 effective April21, 2009 ("Amendment No. 1"), Amendment No. 2 effective June 2,2009 ("Amendment No. 2"), Amendment No. 3 effective April 20, 2O1O ("Amendment No. 3"), Amendment No. 4 effective August 2,2016 ("Amendment No. 4"), and Amendment No.5 effective June 2, 2020 ("Amendment No. 5). The lnitial Agreement and all amendments thereto are collectively referred to as "Agreement". By letter agreement dated August 24, 2009, the City and Association also entered into a Memorial Transfer Agreement whereby the City accepted the transfer of the Memorial as a gift from theAssociation.
The purpose of Amendment No. 6 is to provide for an addition to the Memorial for the construction of a Flag Stand Wall.
Except as othenrvise expressly provided herein, this Amendment No. 6 does not supersede the Agreement, and the remainder of the Agreement and all terms thereof remain in full force and effect.
TERMS AND CONDITIONS
c
D
E
ln consideration of the following terms and conditions, the Parties agree as follows:
Amendment No. 6 to Veterans Memorial Monument Agreement
1 The Memorial, as defined in the Agreement, is hereby expanded to include the Flag Stand Wall identified on the Site Plan attached hereto as Exhibit A. The Association has committed to fund the construction and installation of the addition in accordance with the terms of the Agreement and to donate same to the City upon completion. The Association has undertaken such fundraising through private grants and non-encumbered donations to the Association.
An addition of the Flag Stand Wall is hereby authorized by the City under the same terms as provided in the Agreement and the City authorizes and grants the Association access to the Memorial and Memorial premises, including Veterans Park, for purposes of constructing the Flag Stand Wall as provided herein. Such access includes appropriate signage promoting the addition and donations thereof. This addition as to design and location thereof have been approved by the City and the City shall provide inspection services as to such work as is customarily provided on a project of this sort and without permit fee or charge.
Said addition as provided for and authorized herein is depicted in Exhibit A hereof, which is incorporated by this reference.
Any contracts entered into by the Association with any contractor or subcontractor for work or services on the work described in this Amendment No. 6 shall include provisions requiring insurance coverage as set forth in Section 6 of the lnitial Agreement. lt is understood that the Association has contracted with Building Construction Specialties, lnc. ("BCS|') for the construction of the Flag Stand Wall provided herein. Appropriate certificates of insurance have or will be provided by BCSI as specified in said Section 6, including a provision naming the City and its agents as additional insureds as specified in said Section 6. There is no Builder's Risk insurance required, as provided under Section 6.4, for the Flag Stand Wall.
Upon completion of the Flag Stand Wall, it shall be donated to and shall become the City's property under the terms of the Agreement and the City shall be responsible for the maintenance and up-keep thereof as provided in the Agreement. lf the Flag Stand Wall is destroyed or damaged beyond normal maintenance, the City may repair or replace the Flag Stand Wall at its sole discretion but has no obligation to repair or replace the Flag Stand Wall. Upon acceptance of the Flag Stand Wall, the City and Association agree that the City's acceptance of said gift is subject to the same terms and conditions set forth in the Memorial Transfer Agreement referenced in Recital C above. 2 3
4
5 Amendment No. 6 to Veterans Memorial Monument Agreement
Attached hereto as Exhibit A is the Site Plan for the Flag Stand Wall and associated site work that is incorporated herein.
So executed effective March 15,2022, by the City and the Association.
YORBA LINDA VETERANS MEMORIAL ASSOCIATION
/Lr;/gL
&l¿t<t*¡J V L¿,4 ,+
CITY OF YORBA LINDA
ATTEST:
Carlos Rodriguez
Mayor
Marcia Brown, City Clerk
City of Yorba Linda
APPROVED AS TO FORM
Todd Litfin, City Attorney
Rutan & Tucker, LLP
ô
ri
,9b
H
r
fr
B
í)
í)
ln.
í-.
í-\
í-\
í.\
í)
í-r
ír'\ I
í-'
-r',
í) I
í)
í-'
í/\
I
ú
Rtz
¡tm
tto
ilR
t4
Ir
tm
tIF
l¡
lc)
tË
lo
lÞ
lo
tm
qi
ì I ¡
¡.==ffi (:::+5
VALLEY VIETV AVE.
mx
J
(t
tI
YORBA LINDA
VilERAN'5 MEMORIAL
VETERNAS PARK
4756 VALLtr/ V¡EW tsLVD.
YORtsA LINDA, C4.92685
BATTLEFIELD CRO99 M
GOLD STAR FATIO
PHASE IV
(=(=a ':ff'fiå:;¿3
I tõt tñññ
ËJËjUU
ffiç;-ì:*o:*,-s:!e!'
gfAñ sMrfH ÆgocrÀfts
5úù rtz 4!"n\' c^4c'1
t õlR
ú
o
ls
rl
ii
¡
Vsr&a Ls'm da Vefe¡ans ff?enpona$ A sser cra d¡*¡t
p.{). tsox 'Í44 Yçt"ba [¡mCa, C.A 92885
February 2,2022
Mike Kudron
Parks and Recreation Director
City of Yorba Linda
4845 Casa Loma
Yorba Linda, CA 92886
Dear Mr. Kudron,
The Yorba Linda Veterans Memorial Association is seeking permission from the City to make another improvement to the Memorial. We wish to create a "flag stand wall" that will wrap around the existing wall where the bronze plaques are mounted recognizing past conflicts.
We have purchased flags to represent each of the six branches of the military as well as flags to recognize the American Legion, the Veterans of Foreign Wars, and the Gold Star Moms Association. We would want to display these nine flags during our ceremonies on Memorial Day and Veterans Day each year and we believe these flags would look best if displayed in a row adjacent to and running slightly behind the existing plaque wall. To accomplish this, we would need to build a small concrete wall that will hold flag pole mounts that will be used only during our two ceremonies each year. This new wall would be behind and mostly below the line of sight but be high enough to allow the flags to fly above the top of the plague wall during the ceremony.
The YLVMA intends to fund this project through existing funds on hand and donations for the project. With the City's permission, we would hope to complete this project in time for our Memorial Day ceremony on Monday, May 30, 2022. lf you have any questions I can be reached at714-777-5517.
Gratefully,
laiùø*'lrshnnøha'w
Michael Shanahan
Chairman, YLVMA Board of Directors
,A ffAFfOff-S FñE'ËÐGfi# fS FR*U#y$# ffivÁg-g8{,$F pÁ$Ð trçtr 8y FË'W A¿-l&HvS RE/l/r5JI#ggR rffÕSË þYl-ft #ÁY&
fHFdf? Å-dWËS F$R C{jR FREEÐOíþ?