F. PROJECT UNDERSTANDING,
OVERVIEW, AND APPROACH
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 32 F. PROJECT UNDERSTANDING, OVERVIEW AND APPROACH
UNDERSTANDING
Michael Baker understands that cities in Southern California are preparing updated Housing Elements in accordance
with California Housing and Community Development
(HCD) requirements and Southern California Association
of Government (SCAG) housing projections. The Housing
Element update requires updates to the Safety Element. Our team is in the process of supporting clients across California in navigating this complex regulatory requirement, balancing the needs of HCD, the Governor’s Office of Planning and Research (OPR), and California Department of Forestry
and Fire Protection (CAL FIRE) in producing top-tier Safety Element updates.
Additionally, we understand that the City received grant funding from Cal OES/FEMA to prepare the first iteration of a LHMP. This plan will establish eligibility for future grant funding opportunities. As such, it is in the City’s best interest to update the LHMP alongside the Safety Element update requirements outlined above. It is critical to ensure consistency between these emergency-related documents.
The LHMP will be prepared in compliance with all appropriate regulatory requirements—including the Disaster Mitigation Act of 2000—with the goal of obtaining plan certification and approval with Cal OES and FEMA. Michael Baker is extremely knowledgeable in FEMA requirements, as we provide on-call staff services to FEMA throughout various geographies.
Furthermore, the LHMP would identify goals, vulnerabilities, capabilities, and mitigation actions that make the City more resilient to potential hazards. The LHMP processes will feed directly into the Safety Element update process.
The Safety Element addresses natural and human-induced
hazards that could potentially impact the community and quality of life. The Safety Element will continue to focus on public safety, providing and planning for adequate services as the highest obligation. Additionally, in accordance with Senate Bill 379, the updated LHMP will be incorporated into the Safety Element. Goals and policies will support the City’s ability to prepare for and mitigate hazards while promoting the safety of Yorba Linda residents.
Changes and updates in the Safety Element, information
uncovered in the LHMP development process, and the
evacuation planning deliverable will trigger the need to update the City’s Emergency Operations Plan (EOP). With the increasing frequency of natural hazard events such
as wildfires, we understand that a well-organized and
current EOP is critical to establish methods for conducting emergency operations, rendering mutual aid, resource
mobilization, and more. Our team is experienced in preparing EOP documents that are responsive to the City’s needs while meeting or exceeding the requirements of Cal OES.
There are many challenges associated with the wildland
urban interface, maintaining both open space areas and
public safety as prominent wildfire conditions increase. As identified within the seven project areas of the CAL FIRE Grant, non-native species can often out-compete native
vegetation, resulting in dense communities that continue to spread annually. The Michael Baker Team understands the urgency in vegetation maintenance based on our experiences with invasive species throughout Orange County as well as our work for post-fire clean up in California following the 2020 fire complexes.
Through multiple on-call contracts with CalOES, County
of Orange, and numerous municipalities, our Team has
implemented similar action plans and incorporated creative and value-added ideas to benefit the goals of each project.
The La Pata Avenue Extension Off-Site Mitigation Project is one example, where our Project Manager worked closely
with the Restoration Contractor to strategize and improve removal methods for Arundo donax within a creek system.
The 14-acre project experienced a variety of challenges, from the rapid growth of invasive species to the introduction of Polyphagous Shot Hole Borer (PSHB) within the wellestablished native trees. In both cases, she collaborated with multiple resource agencies and research teams to
continually improve on activities to achieve a successful outcome of the project. This restoration work won the
American Council of Engineering Companies (ACEC) annual awards for restoration in 2020.
Due to the proximity of many of our vegetation removal
projects to residential areas, we incorporate community engagement as a means of educating the public on the goals and importance of the project. For example, we supported OC Parks on preparing a Resource Management Plan for
Peters Canyon Regional Park. In 2017, the Canyon Fire 2 engulfed a large portion of the Park, resulting in the loss of native habitat key for some of our local endangered
wildlife. Following the fire, we worked with OC Parks during a volunteer replanting day, offering our services to educate the attendees on the lost habitat, post-fire recovery of A Proven Process for Ensuring High-Quality, Integrated Planning and Safety Documents The City can feel confident that Michael Baker’s understanding of FEMA requirements and regulatory agency needs to produce the required documents for your Safety Mitigation efforts will ensure an integrated program that will serve the City’s Safety Mitigation efforts into the future.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 33 F. PROJECT UNDERSTANDING, OVERVIEW AND APPROACH
native plants, and fire prevention measures. By promoting fire prevention education in the community, we can aim
to reduce the probability of wildfire igniting in the local responsibility areas (LRA) and ultimately the spread to the state responsibility areas (SRA).
Our team has developed an integrated approach, while also providing flexibility to respond to the City’s specific needs.
APPROACH
Michael Baker proposes a multi-pronged approach to
efficiently manage the Safety Element Update, LHMP
development, and EOP update process as well as the multiyear Fire Prevention Grant. The first phase will begin at project initiation, where the Safety Element and LHMP
preparation process will be kicked-off concurrently. By preparing these deliverables in a parallel process, Michael Baker will expedite development of both the Safety Element and LHMP. This approach will also prevent duplicative work efforts. The vulnerability assessment, climate change/
adaptation overview and other natural hazard background information included in the LHMP will be folded into the Safety Element concurrently. Our integrated group of
in-house resiliency planners will ensure internal consistency between both deliverables as appropriate.
Once the LHMP is finalized, the team will initiate the EOP update. Updates established in the Safety Element, LHMP and Evacuation Planning deliverables will inform updates to the EOP, particularly the Wildland Fire annex. Continuity in staffing will ensure maximum consistency between each individual deliverable and allow our team to “hit the ground running” at the time of LHMP approval. We understand that meeting project milestones are critical.
Our approach is supported by multiple advantages, briefly noted below:
▬ A Local Firm with a National Resiliency Perspective
Michael Baker is familiar with the City through past
projects. Members of our project team call Yorba Linda
home, and we are eager to make our local communities
more resilient. This project will be initiated by a local team, with a strong grasp of hazards and environmental
issues that affect the City—both specific to Yorba Linda and the larger southern California region.
▬ A FEMA-Selected Community Engagement and Risk
Communication Contractor (CERC)
Michael Baker has a national contract with FEMA for
which key project staff members are currently providing mitigation support to FEMA Region IX on a daily basis.
Through this contract, Michael Baker staff regularly
conducts HMP reviews on behalf of FEMA, analyzing
completed plans to ensure compliance with federal
regulations and guidance. Our staff also creates technical guidance, communication strategies and graphics
support to help FEMA properly communicate risk. As part of this work effort, Michael Baker has gained valuable
knowledge of FEMA preferred approaches to strengthen
LHMP deliverables.
▬ Innovative and Streamlined Community Engagement
and Outreach
In addition to our hazard and resiliency services, Michael Baker has a suite of community outreach options to
meet the needs of the City. We’re skilled at facilitating stakeholder outreach both in-person and virtually,
including interactive activity-based tools best suited for each format. Additionally, we’ve found that facilitating pop-up outreach at community events are an excellent
opportunity to meet people where they are. Our graphic
designers are experienced in preparing web graphics and social media content – additionally, we have designers
who can build virtual community outreach rooms where
participants can “walk” around a room like they would
an in-person meeting. Online surveys are popular tools
for LHMP-specific outreach, a cost-effective option that allows citizens to participate on their own time.
▬ Federal and State Grant Funding Experts
The most critical reason to maintain and active LHMP
is to maintain eligibility for FEMA grant programs such as Building Resilient Infrastructure and Communities
(BRIC) or Hazard Mitigation Grant Program (HMGP).
When Michael Baker helps Yorba Linda identify mitigation actions that will make the City more resilient, our team will identify potential funding mechanisms, including
FEMA grant programs or other state/federal programs.
Our LHMPs are valuable documents that assist with
future resiliency-based Capital Improvement planning.
Nationally, Michael Baker has secured $302,217,568 in
grant funding for our clients - $73,551,333 in funding
specifically for California clients.
MANAGEMENT OF PROJECTS
Richard Beck shall serve as the Program Manager for the Michael Baker Team. Richard is supported by two Project Managers, Noelle Steele for Emergency Planning Documents (Safety Element, LHMP, and EOP), and Anisha Malik (CAL
FIRE Prevention Grant) as depicted in our organizational chart. Mr. Beck will provide overall management and support to the Project Mangers throughout the life of the Project. Mr.
Beck will also serve as a key point of contact for the City’s main Program Manager, Colleen Callahan. Ms. Steele and
Ms. Malik will be primary day-to-day contacts for the City’s individual Project Managers.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 34 F. PROJECT UNDERSTANDING, OVERVIEW AND APPROACH
Meetings shall be scheduled to facilitate timely review and approvals necessary to make sure there is appropriate
progress and task completion. Dates, times, and locations shall be agreed upon by Michael Baker and the City. The Michael Baker management team shall be responsible for the following tasks:
▬ Serve as liaison to the client for contract administration, communication, meeting organization, scheduling
(project schedule and in-house team schedule), and
budget;
▬ Assignment of tasks and providing technical direction to the Michael Baker Team;
▬ Review of technical documents to make sure they have
been quality controlled and are in compliance with the
Scope of Work and standard set forth by the client;
▬ Monitor the project schedule and budget and advise the client in advance to the extent practicable when schedule or budget is impacted;
▬ Participate in development and conduct quality control reviews for all deliverables from Michael Baker Team
members.
We understand our role as an extension of staff and the fact that good communication will result in a successful project.
Specific ways we will facilitate communication and track project schedule include:
Meeting Minutes: Michael Baker has implemented a
process of recording formal meeting minutes for all projects, especially those that involve other consultants or agencies.
Meeting minutes are critical to document all steps of grantfunded projects.
Filing: Michael Baker maintains an extensive filling system for each of our contracts. All incoming and outgoing
correspondence is logged for easy retrieval within our local network. All deliverables are copied to disk and stored in the files along with a submitted original copy.
Project Schedule: We use Microsoft Project (MS Project) for environmental and planning project scheduling. MS Project schedules have been included in this proposal and will be maintained as “living documents” throughout the life of the project. Schedules are routinely submitted to the client starting at the proposal phase and throughout the work
effort.
QUALITY ASSURANCE / QUALITY CONTROL
Michael Baker’s team will operate under a Quality
Management system of which a specific Quality Control Plan is only a part of the overall system. The Quality Management program is a continuous process used not just at project milestones but also on a daily basis as work flows from desk to desk, discipline to discipline, and consultant to client. Our standalone Quality Management system is specific to the environmental and regulatory disciplines included in this solicitation.
The Quality Assurance Manager will be responsible for
providing an on-going review that the Quality Management system is fully implemented throughout the design process.
The program consists of the following key elements:
1. Quality Assurance Plans are developed by each office and set the standards for quality per company standards.
2. Quality Control Plans (QCPs) are prepared by each
discipline, thereby increasing relevancy, and maintaining detail. For example, our QCPs for CEQA/NEPA, vary from
our QCPs for hazard mitigation plans and emergency
deliverables as they are document specific.
3. Project Management Plans (PMPs) are prepared at
notice to proceed. This job-specific PMP includes key
project components such as contract and scope of
work, budget and schedule information, team member
roles and identification, as well as health and safety
documentation. This document provides the project
manager with a resource document through the life of
the project. It should also be noted that all relevant team members must review the PMP and sign an acknowledge
form that such as review has been completed.
4. Project Specific Quality Management Plans are prepared and utilized during deliverable review. Each document is review (and revised where needed) prior to submittal to the client.
APPROACH TO PROJECT SETUP
Each of the four projects will be set up in our system
independently as a separate job number allowing for efficient job tracking, storage, and management. The job folders are also linked, so they can be utilized for the overall project.
Linking our folders is helpful as consistency is key with each of the hazard-related documents that will be prepared.
QUALITY ASSURANCE
Quality
Assurance Plans
(By Office)
Quality
Control Plans
(By Discipline)
WORK STANDARDS | BEST PRACTICES | QUALITY AUDITS
Project
Management
Plans
Project Specific
Quality Management Plans Scope (PSQMPs)
Schedule
Budget ▬ Quality Control Procedures
▬ Quality Assurance Reviews
» by Project Manager
» by Independent Reviewer
ACHIEVING EXCELLENCE
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 35 F. PROJECT UNDERSTANDING, OVERVIEW AND APPROACH
APPROACH TO FINANCIAL TRACKING AND BILLING
Michael Baker’s project control system follows a preestablished format, which is accepted by local, state and, federal public agencies. It is an Internet-based Oracle database system that combines financial monitoring with an assessment of progress, client satisfaction, and technical performance. The control system requires that program
managers regularly update, assess and report on their
projects. This is done on a weekly basis.
Through this system, we provide a clear and concise monthly invoice to each client. Michael Baker has a standard invoicing checklist that the Project Manager will follow to ensure each step in the invoicing process is reviewed and billed appropriately. This is critical for grant-funded projects. For this project, we will be sending four separate invoices per month, one for each Project. This will allow for accurate tracking and easy review for the City. If desired, each invoice can also highlight a cumulative amount for the entire project (i.e., all four scopes of work). Furthermore, each invoice will include a “progress report,” which will summarize activities in progress or completed during the current billing cycle.
CLIENT EXPECTATIONS
Michael Baker seeks to serve as an extension of City staff and provide support throughout the project. Michael Baker assumes that the City will provide:
1. Site Access
2. Existing Relevant Files/Documentation
3. CDFW Permit (Agreement) Application Fee, if required
ADDITIONAL SERVICES
The tasks below are currently excluded from this scope of work, but may be required and are therefore referred to as “Additional Tasks.” The Tasks below may be added to the formal original contract or through a contract augmentation.
Michael Baker is not obligated to perform such Additional Services unless formally included in the original contract or if an amendment to the Agreement has been fully executed.
Additional Services:
1. CEQA Mitigated Negative Declaration/Environmental
Impact Report
2. Habitat Mitigation and Monitoring Plan
3. U.S. Army Corps of Engineers/ Regional Water Quality Control Board Permitting
4. Consultation with U.S. Fish and Wildlife Service
5. Professional Land Survey
6. Aerial topography or photography
7. UAS or Drone Flights
8. Legal descriptions and exhibits
9. Cultural/Paleo Studies
10. Focused Plant/Wildlife Surveys
11. Restoration/Planting Plans
12. Evacuation Plans
The following tasks are excluded from our scope of work and are not anticipated.
Exclusions
1. Application Fees
2. Soils Engineering and geotechnical report
3. Utility plans/relocation plans
4. Subsurface infrastructure/utility visual inspection
SCOPE OF SERVICES
Our success is based on a detailed approached to our
projects. While we have included the “set” scopes of work provided by the City in the Appendix, we also wanted to highlight our focus on each task at hand. A description of each scope of work is described herein.
SCOPE #1 – SAFET Y ELEMENT UPDATE
Task 1: Project Kickoff and Background Data Review
Michael Baker will conduct a kick-off meeting/call with the City’s Project Management team to initiate work on both the Safety Element update and Local Hazard Mitigation Plan
update (Scope #2, Task 1). The team will review the scope of work, anticipated project schedule, communications
protocol, and deliverables; discuss staff expectations; and have an initial discussion of data needs and the community outreach approach. It is assumed this meeting will occur virtually.
Available resource documents pertinent to the LHMP update, Safety Element update, and Emergency Operations Plan
update process will be identified and compiled by the City for background review. Applicable resource documents include the City’s existing General Plan and Safety Element, City Emergency Operations Plan/Emergency Action Plan, and
any other hazard related assessments or reports. The City shall provide land use data layers from the City GIS database, along with any existing mapped hazard related data for use in identifying vulnerabilities.
Michael Baker assumes this project will qualify for the “commonsense rule exemption” found in CEQA Guidelines
Section 15061(b)(3).
Task 2: Safety Element Update – Crosswalk Matrix
and Exhibits Update
Michael Baker understands the City's desired approach
to streamline the Safety Element Update process to meet OPR's updated guidelines, primarily to account for changes associated with the Housing Element.
To prepare the Safety Element update, Michael Baker will prepare a crosswalk matrix outlining required updates to the document. This will include consistency updates based on the recent Housing Element Update, incorporation of the LHMP by reference, incorporation of Evacuation Planning Effort by reference, and general modernization updates as needed. Michael Baker will document all proposed edits to the Safety Element in a matrix, indicating the page number requiring the edit and proposing the edit in redline/strikeout.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 36 F. PROJECT UNDERSTANDING, OVERVIEW AND APPROACH
A screencheck draft will be provided to the City for one round of comments and review. In coordination with the
crosswalk matrix, Michael Baker will also update all existing Safety Element exhibits. One new exhibit will be added to the Safety Element depicting major City evacuation routes. Data from the City prepared evacuation planning effort shall be provided to Michael Baker to create this exhibit for inclusion in the Safety Element update. Exhibits in the Safety Element will be consistent, but not identical to exhibits prepared in the LHMP.
Task 3: Administrative Draft Safety and Element
Preparation
Upon completion of the proceeding tasks, Michael Baker
will prepare an administrative draft Safety Element Update.
This element will include an introduction, existing conditions section, relationship to other elements, and goals and
policies. Text prepared as part of the LHMP Update process will be incorporated into the Safety Element update as
appropriate. The Safety Element will be consistent with SB 99, Residential Emergency Evacuation Routes and AB
747, Evacuation Routes. Using data from the City prepared evacuation planning efforts, Michael Baker will assist in identifying residential neighborhoods in any natural hazard area that does not have at least two emergency evacuation routes. The Safety Element will also discuss evacuation route capacity, safety and viability under the range of provided emergency scenarios. Michael Baker assumes the City
prepared evacuation planning efforts will provide sufficient data and detail for Michael Baker to prepare the Safety Element in accordance with both SB 99 and AB 747, including evaluation of a range of emergency scenarios. Traffic surveys are excluded from Michael Baker's scope of work."
In addition, the Safety Element will be prepared in
consistency with SB 1241, State Responsibility Areas and Very High Fire Severity Zones. Risk will be assessed in the LHMP and incorporated into Safety Element by reference.
Consultation with the appropriate regulatory agencies will occur under Task 4.
Michael Baker assumes no major or significant policy
changes or overhauls will be required; updates to the Safety Element aim to be straightforward to meet the updated OPR requirements. Formatting would mimic the existing General Plan Elements where feasible, to maintain visual consistency between the City’s documents.
Deliverables would include all required components and
would clearly respond to OPR guidance for Safety Elements, with focus on consistency with all Housing Element Updates.
Michael Baker will provide an electronic screencheck
administrative draft (Microsoft Word) to the City for internal review. Comments and revisions from the City are anticipated to be minor and occur in redline/strike-out and track
changes.
Task 4: Public Review Draft Safety Element
Michael Baker will incorporate one consolidated set of
comments/revisions on the screencheck administrative draft Safety Element to prepare public review draft documents.
Michael Baker will provide an electronic public review draft in PDF and Microsoft Word format to the City. Public review is anticipated to occur over a minimum 30-day period, with the General Plan Elements made available on the City’s website and up to two hardcopies available at locations in the City.
The City will be responsible for collecting public comments/ questions and distributing to Michael Baker at the close of the public review period. At this time, Michael Baker will lead and facilitate consultation with CAL FIRE and the California Department of Conservation to ensure policies are consistent with state regulations as appropriate.
Task 5: Final Safety Element Preparation
Michael Baker will compile all comments received on the public review draft Safety Element and will incorporate changes into the document as necessary. Michael Baker
assumes response to 10 letters and comments as part of
this work effort. The final Safety Element will be prepared for presentation to Planning Commission and City Council.
Michael Baker will provide two staff members to support at Planning Commission and City Council adoption hearings for presentation support and answer questions as appropriate.
SCOPE #2 LOCAL HAZARD MITIGATION PLAN
Task 1: LHMP Planning/Development Process
Task 1.1Project Kickoff and Background Data Review
This task will occur in coordination with Scope #1, Task 1.
As a cost saving measure to the City, the Safety Element and LHMP kick-off will be conducted in the same meeting.
Task 1.2Hazard Mitigation Planning Committee Meetings
Michael Baker will work with the City to identify stakeholders to participate on the Hazard Mitigation Planning Committee (HMPC). The HMPC will be a major contributor to the
planning process and will guide the LHMP development. In accordance with Cal OES/FEMA requirements, the HMPC
will consist of both internal city representatives and external partners, such as representatives from neighboring cities, public safety agencies or the County government. Michael Baker will utilize expertise from the HMPC to provide input on Yorba Linda hazards and identify mitigation projects for implementation. Additional data resources will be solicited from participants. Michael Baker will facilitate four HMPC meetings including preparation of agendas, meeting minutes, schedules, and action items. City staff will be responsible for securing meeting locations and coordinating HMPC invitation distribution. If COVID-19 restrictions prevent HMPC from gathering in-person, Michael Baker can provide technology for a virtual meeting via Microsoft Teams, Zoom, or similar.
These meetings are anticipated to require a two hours
of participation time each, and are expected to cover the following topics:
▬ Meeting 1: Introduction to hazard mitigation planning; explanation of roles/responsibilities; community
engagement strategy overview; hazard overview;
preliminary data collection.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 37 F. PROJECT UNDERSTANDING, OVERVIEW AND APPROACH
▬ Meeting 2: Preliminary results and findings of risk
assessment; community asset inventory review; group
analysis and risk factor development.
▬ Meeting 3: Identification of goals; capability assessment; development of mitigation actions.
▬ Meeting 4: Prioritization of mitigation actions;
implementation strategy for mitigation actions; plan
maintenance process.
▬ Post Meeting 4: HMPC review of the Initial Draft Plan.
In compliance with FEMA and Cal OES requirements,
Michael Baker will thoroughly document the HMPC planning process including: narrative description of preparation and process; record of dates, attendees and agendas; record of departments, agencies, organizations and persons
participating in plan development; and, coordination with City plans and planning mechanisms.
Task 1.3LHMP Community Outreach
Community engagement is a required component of the
LHMP planning. All LHMP outreach activities shall be
thoroughly documented with summaries and pictures,
for incorporation into the LHMP per Cal OES and FEMA
requirements.
Online Community Survey: Michael Baker will develop
an online survey and provide a detailed summary of input received. The survey will be hosted on SurveyMonkey®.
The survey will include multiple-choice questions, ranking/ rating scales, and open-ended questions. Michael Baker will coordinate with the City to make the survey link available on the City’s website. The City will be responsible for distributing and promoting the survey.
Web Content/Social Media: Michael Baker will develop
web content and graphics that can be used on the City’s website or on a webpage that is specifically dedicated to the project, including the LHMP update. The webpage will provide information about the planning process, meeting dates, access to community outreach summaries and draft plan documents when available. Website visitors will have an opportunity to provide input, comment on the LHMP or ask questions. The City will be responsible for disseminating information and updates on the plan process through the webpage and social media.
Community Workshop: Michael Baker will facilitate one
(1) workshop or pop-up event to solicit in-person input and educate the public about the LHMP update process.
Workshops are a fantastic opportunity to inform the
community. At the time of outreach planning and scheduling, Michael Baker will also coordinate with the City Project Management Team to review current COVID-19 gathering
restrictions before deciding the type of outreach event.
Michael Baker will work with the Project Management Team to determine the best location and approach to the workshop.
Michael Baker will design one promotional piece per event to publicize the opportunity to participate. The promotional piece will be provided to the City for review, and one round of revisions is assumed. The City will be responsible for the dissemination of the promotional piece.
Task 2: Risk Assessment
Task 2.1Hazard Identification and Profiles
Following background information review and based on the hazard identification/ranking, Michael Baker will prepare hazard profiles. Each profile will include a hazard definition, location and extent of past occurrences, the probability of future occurrences, and climate change considerations. A maximum of sixteen (16) profiles will be prepared, including seismic, flood, wildfire, drought, and other hazards identified by the HMPC. Wildfire specifically will be profiled and detailed in accordance with SB 1241, including required mapping and evaluation.
Michael Baker will work with the HMPC to finalize
which hazards will be included in the LHMP, to provide
a complete picture of the hazard risk in Yorba Linda.
Michael Baker takes a unique approach to incorporating
climate change into the LHMP. Recognizing that many
natural hazards (wildfire, flood, drought, etc.) are closely related to climate change, Michael Baker integrates an
in-depth analysis of this correlation on a hazard-byhazard basis. This prevents redundancy and allows for all potential impacts/vulnerabilities to be evaluated
with consideration for climate change. This will also
allow the City to satisfy climate adaptation requirements to be folded directly into the Safety Element.
Task 2.2Hazard Mapping
Utilizing our in-house GIS experts, Michael Baker will prepare GIS base maps and hazard mapping to support the hazard
profiles. Working from these base maps, Michael Baker will confirm a list of critical assets for mapping with the HMPC.
The City will provide GIS data including information about parcels, land use, building type/footprint, and any localized hazard maps (if available). Michael Baker anticipates the City data will require minimal alterations. Current and newly created (as needed) data will be used to develop mapping products to illustrate location, extent, severity, and other information for potential hazards within the service area.
Maps will show the locations of local assets and clearly summarize the intersection of hazard locations and assets.
These local assets will include public buildings, critical facilities and infrastructure and will be reviewed and
confirmed with the HMPC. Maps will depict the location of parcels, structures, land use, and populations when feasible and structures will be identified by type of use. Concurrent with preparation of the hazard and assets maps, the HMPC will develop the critical facilities list to be used as part of the risk assessment. While critical facilities will be shown in map form, a separate list will be prepared for inclusion in the LHMP. Preparation of this list is a vital component of the hazard mitigation planning process. Information needed from the City also includes building and content valuation to assist with the quantification of potential losses. Exhibits in the LHMP will be consistent, but not identical to exhibits prepared in the LHMP.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 38 F. PROJECT UNDERSTANDING, OVERVIEW AND APPROACH
Task 2.3Vulnerability Assessment
Upon completion of the hazard profiles, Michael Baker will prepare a vulnerability assessment, using the approved
critical facilities list and hazard profiles prepared as part of previous tasks. The vulnerability assessment will consist of an analysis overlaying these two data sets and identifying the facilities that are vulnerable to the profiled hazards. The vulnerability assessment will include the following, based on data availability: Types/numbers of buildings, infrastructure, and critical facilities located within identified hazard areas; an inventory of all repetitive flood loss structures, as defined by FEMA, if applicable; and description of land uses and development trends to advise future land use decisions.
The result of this analysis will be presented in tables identifying facilities/infrastructure and relevant hazards most likely to affect these facilities. Exhibit maps will correspond to this latest information. Upon completion, both the hazard profiles and vulnerability assessment
will be presented to the HMPC. In addition, Michael Baker will evaluate the impacts of natural hazards to vulnerable populations, including those that are reliant on others for their wellbeing, such as young children, individuals with disabilities, individuals dependent on medical equipment, individuals with impaired mobility, as well as people with low socioeconomic levels.
Task 2.4Capabilities Assessment
A capabilities assessment is a comprehensive review of all the various policies, plans, programs, and procedures that assist in hazard mitigation activities. This portion of the document provides an understanding of the capabilities and tools currently available to Yorba Linda, as well as local, state, federal agencies, that contribute to hazards reduction.
The HMPC will review existing capabilities and identify the applicable codes and plans that affect or mitigate the impact of potential hazards in the City.
Task 3 Hazard Mitigation Strategy
Working with the HMPC, goals will be developed to ensure adequate communication of desired end states and provide a foundation for meaningful hazard mitigation actions. The Michael Baker team will develop a comprehensive range of potential mitigation actions, that will reduce the impacts of each profiled hazard. Mitigation actions will be developed with consideration for potential future state or federal funding through capital improvement bond programs and/or mitigation grant programs.
Based on FEMA guidance, mitigation actions and projects refer to hazard mitigation action, activity, process, or physical project designated to reduce or eliminate the
long-term risks from hazards. A comprehensive mitigation strategy analyzes a wide range of actions from multiple forms of mitigation techniques, including structural
projects, nonstructural projects, natural systems protection projects, and educational/awareness programs. Mitigation actions are intended to reduce risk to existing buildings and infrastructure, as well as limit any risk to new development and redevelopment.
Michael Baker will develop mitigation actions based upon discussions and feedback from the HMPC. We will also
develop a process to prioritize identified mitigation actions, and identify the following information:
▬ Responsible Department(s): The agency/department
responsible for the action identified.
▬ Potential Funding Source: Sources of future funding that can be used to implement the action.
▬ Priority: General priority of the action (high, medium, low), based on team input.
▬ Relative Cost: The relative cost to implement the action, based on cost categories determined by the HMPC.
Task 4 Hazard Mitigation Plan Maintenance Process
Task 4.1Monitoring, Evaluating, Implementing and
Updating
The plan maintenance process will be discussed at the
HMPC meetings, including how the City will monitor,
evaluate, implement, and update the Plan. Michael Baker will prepare a chapter that identifies the plan maintenance and implementation steps over the five-year plan period.
This chapter will describe the methods and schedule for monitoring, evaluation of, and updating of the plan. The chapter will also describe how the mitigation plan elements will be incorporated into other planning mechanisms, as well as how the public will continue to remain involved throughout the future planning process.
Task 4.2Prepare Draft LHMP for HMPC Review
Michael Baker will compile the information into an
electronic administrative draft version of the LHMP. Our approach of working closely with the HMPC has shown to
expedite the review process, because HMPC members have
already reviewed LHMP content through by the time the
administrative draft document is complete. The City will be responsible for collecting HMPC comments and providing
to Michael Baker at the end of the review period. HMPC
comments (as applicable) will be incorporated to prepare an updated public review draft document.
Task 4.3 Prepare Public Review Draft LHMP
Michael Baker will prepare the public review draft LHMP.
The draft document will be made available to the public for comment and feedback to be incorporated into the LHMP
prior to submitting to Cal OES and FEMA for review. Michael Baker anticipates a 30-day public review period, with the LHMP made available on the City’s website.
Task 4.4 Prepare Plan Submittal for Cal OES/FEMA Review Michael Baker will compile comments received on the public review draft LHMP for inclusion as an appendix item and revise the LHMP. The LHMP will then be submitted to Cal OES for initial review; the Michael Baker team will address any comments/concerns from Cal OES before the final LHMP is submitted to FEMA. Michael Baker will prepare the FEMA
Hazard Mitigation Plan Review Tool that will accompany the submission.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 39 F. PROJECT UNDERSTANDING, OVERVIEW AND APPROACH
Task 4.5Obtain Conditional Approval Pending Adoption
from FEMA
If comments are provided by Cal OES and/or FEMA, requiring plan revisions, Michael Baker will revise the LHMP. In the past, Michael Baker has successfully completed plans that did not require revisions or required only minor revisions by FEMA prior to adoption, which is our goal for Yorba Linda’s LHMP. If revisions are necessary, Michael Baker will work with Cal OES FEMA to address them to ensure an “approvable pending adoption” (APA) determination.
Task 4.6 Plan Adoption
Once the LHMP has received an APA determination, the
Michael Baker team will present the final LHMP to the City Council for adoption. The City must formally adopt the LHMP within one calendar year of receipt of FEMA APA designation.
After adoption, Michael Baker will submit proof of adoption to FEMA, via the Board’s resolution. Five (5) Final copies of the adopted LHMP will be transmitted to the City.
SCOPE #3 EMERGENCY OPERATIONS PLAN
Task 1 EOP Update – Crosswalk Matrix & Exhibits
Update
To prepare the EOP update, the Michael Baker team will
prepare a crosswalk matrix outlining required updates
to the document. This will include consistency updates
based on the recent Safety Element, LHMP and Evacuation Planning deliverables, and other general modernization
updates as needed. Special consideration will be taken
with the Wildland Fire Annex, though all EOP sections and annexes will be reviewed for updates. Michael Baker will gather important information regarding City infrastructure, resources, and contracted services to ensure an updated, comprehensive emergency operations plan that adheres to services in order to ensure, upon completion, an updated, comprehensive emergency operations plan that adheres
to the fundamentals of the National Incident Management System (NIMS) and incorporates the State’s Standardized Emergency Management System (SEMS) while meeting the
requirements CALOES’ planning guidance as outlined in the 2020 Emergency Plan Review Crosswalk.
Michael Baker will document all proposed edits to the EOP in a matrix, indicating the page number requiring the edit and proposing the edit in redline/strikeout for ease of reference.
An electronic screencheck draft will be provided to the City for one round of comments and review. In coordination with the crosswalk matrix, Michael Baker will also prepare exhibit updates to the plan as needed.
Task 2 Administrative Draft EOP Preparation
Upon agreement of the needed EOP updates as documented
in the EOP crosswalk, Michael Baker will compile the
information and required revisions into an administrative draft EOP Update. Michael Baker will provide an electronic screencheck administrative draft (MS Word) to the City for internal review, showing a clean word document and track changes demonstrating where EOP updates were made.
Michael Baker anticipates one round of review and comment from the City Project Management team. Comments and
revisions from the City are anticipated to occur in redline/ strike-out and track changes.
Task 3 Final EOP Preparation
Michael Baker will compile all internal comments received on the administrative draft EOP and will incorporate changes into the document as necessary. The final EOP will be
prepared for submittal and approval by internal City decision makers, as appropriate. Michael Baker will prepare the
EOP Review Crosswalk for Local Government Agencies to
accompany the electronic submittal to Cal EOS. The EOP will then be submitted to Cal OES for initial review. If comments are provided by Cal OES requiring plan revisions, Michael Baker will revise the EOP accordingly.
SCOPE #4 CAL FIRE – FIRE PREVENTION
GRANT
The CAL FIRE grant highlights the multiple avenues required to plan, implement, and preserve native habitat while
eliminating fuels that would contribute to wildfire potential.
Michael Baker can provide all the required services in-house, through an integrated, multi-disciplinary approach. This integrated approach increases creativity and promotes long term sustainability, while ensuring that grant requirements are met.
Baseline conditions of the site will be defined early.
Conditions such as biological resources and potential
jurisdictional drainage features will be mapped. All
files (GIS layers) will be provided to the City of their file. These plans will serve as the foundation for
which vegetation will be removed and what resources
should be noted during maintenance activities.
Additionally, the City can ultimately utilize this
information when they prepare the Restoration Plan.
Similar to the previous scopes above, our team’s approach to public participation offers continuous opportunities for meaningful input and involvement/ownership throughout
the life of the project-the goal to develop a consensus-based vision, local ownership, and to foster community awareness.
While conducting preconstruction surveys and any
monitoring during vegetation removal, the Biological Monitor would remain alert for the presence of coastal California gnatcatcher, a federally-listed threatened species which could potentially occur within or near some of the project sites. If this or any other special-status species is detected, the Biological Monitor would coordinate with the City/
Contractor to notify the appropriate regulatory agencies and/or provide recommendations to avoid impacts to such species. We routinely lead, manage, and coordinate with maintenance contractors to ensure that project objectives are met while achieving environmental compliance. Michael Baker’s natural resource specialists will work closely with the City and designated Contractor to define roles and
responsibilities for project implementation. Our success
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 40 F. PROJECT UNDERSTANDING, OVERVIEW AND APPROACH
is based on weekly coordination with maintenance crews, where we provide guidance for invasive species removal and highlight any variables that may arise that may have not been projected in the original approach.
Adaptive management is key since the open space areas
are dynamic, not just year to year, but season to season. Our qualitative assessments will incorporate the documentation needed to fulfill grant conditions. Should removal methods be ineffective during the first two years of the project, our Team will work with the Contractor to determine alternate methods by using test plots within the project site.
Task 1 Project Kickoff
Michael Baker will conduct a kick-off meeting/call with the City’s Project Management team to initiate work on the Fire Prevention Grant. The team will review the scope of work, anticipated project schedule, communications protocol,
and deliverables; discuss staff expectations; and have an initial discussion of data needs and the community outreach approach. Schedules of removals can be determined based on the vegetation composition at each of the seven sites.
Following this meeting, the Project Manager will begin
working on the treatment plan schedule and tracking matrix (Task 2.1 below).
Task 2 Project Management
Task 2.1Multi-Year Fuel Reduction Treatment Plan
Schedule, Inspections, and Invoice Review
Working with the City, the Project Manager will develop a tracking table based on scope of work and anticipated timelines. The schedule will be relayed to the contractor, and removals will be timed to avoid nesting bird season when possible. Through coordination and oversight of the contractor, the project manager will complete progress
reports, amend funding agreement, scope of work, budget or schedule, and prepare an adequate audit trail. Additionally, quarterly reports on emissions and progress reports will be submitted to CAL FIRE to fulfill grant requirements. The project manager will also prepare and file the Final Report to CAL FIRE, following review and approval of the City.
Task 2.2 Coordination on the EOP Update
Close coordination will occur with the Project Manager
of Scope #3, EOP, previously detailed. The EOP will be
incorporated into CAL FIRE documentation so grant
requirements are met.
Task 2.3 Review of Restoration and Sustainability Plan and Evacuation Plan
Michael Baker has included time for our restoration
ecologists and community planners to review the Restoration and Sustainability Plan and Evacuation Plan prepared by the City. Anticipated support includes review of draft and final documents, comments/response to comments, technical
review and research, and assistance with graphics, where required. Our schedule shows coordination of the document throughout the entire task duration (this allows for various reviews along the process rather than only at the final draft).
Task 2.4 CAL FIRE Approval and Closeout of Grant
As part of the grant requirements, Michael Baker will work with the City to prepare a final accomplishment report
for submittal to CAL FIRE within 30 days of the project completion. Utilizing our in-house air and Greenhouse
Gas (GHG) Specialists, Michael Baker will provide the
appropriate materials for completing program quantification methodology and use the current reporting templates
provided by the CAL FIRE. Most importantly, our Project Management tasks includes time for significant coordination with OCFA and the City to ensure that all grant requirements are met.
Task 3 CEQA and Biological Compliance
Task 3.1 Notice of Exemption Preparation
Following direction outlined in Section E of the CAL FIRE grant, it is anticipated the project sites will fall under a Notice of Exemption (NOE) for CEQA. Filing of NOEs will occur for sites 1,3, 4, 5, 6, and 7, as site 2 has CEQA completed. Each site will be treated and filed as its own project, in the chance there are any delays for an individual site during the final approval process. Should this be the case, any approved sites can move forward with the removals and the Project Manager can update the proposed schedule with the contractor. In the event it is determined that there is a potential for a significant impact to occur under CEQA for one or more of the sites and that a Negative Declaration is required, Michael Baker will work with the City to reallocate funding within the grant budget. Should an Environmental Impact Report be required, Michael Baker can provide these services under a separate scope and fee.
Task 3.2 Baseline Documentation of Project Sites
Prior to the start of removal activities, Michael Baker will document existing site conditions in order to provide clear direction to the contractor. Documentation will include site photos, plant lists, and GPS data on native and sensitive species to avoid. Site boundaries and notes will be saved as shapefiles to be provided to the City and contractor.
Additionally, for sites 1, 2, and 3, a jurisdictional delineation will be conducted to determine the presence/absence
of state or federal waters. If present, regulatory agency coordination will take place under Task 3.3 outlined below.
Task 3.3Regulatory Permitting
Should jurisdictional features be noted during the baseline surveys, Michael Baker will coordinate with California
Department of Fish and Wildlife (CDFW) on behalf of the City. Michael Baker will prepare and process a notification submittal package for a CDFW Section 1602 Streambed
Alteration Agreement (SAA) pursuant to the California Fish and Wildlife Code.
Task 3.4ISHB Surveys
Michael Baker has provided ISHB surveys for OC Public
Works as well as throughout OC Parks. Additionally, our strong relationships with the University of California has allowed us to utilize lab testing and experts to assist in
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 41 F. PROJECT UNDERSTANDING, OVERVIEW AND APPROACH
the surveys when required. During the biological surveys, Michael Baker will conduct ISHB surveys of each removal area to identify infested trees for the contractor.
Target ISHB trees species located within the removal sites will be evaluated for signs of infestation. Examples of potential ISHB sign include, but are not limited to, small bore holes, bark staining, and frass exudate. Any native tree found to have sign of ISHB is to be evaluated and ranked based on the standards utilized by UCANR for ISHB surveys (UCANR 2020a). Specifically, infestation levels on each tree observed to have sign would be categorized as low (<50 entry holes), moderate (50–<150 entry holes, no dieback), heavy (>150 entry holes, no dieback), and severe (>150 entry holes, dieback). General notes and summary categorization level for trees identified with ISHB infestation will be recorded.
As part of this effort, Michael Baker will work with OCFA for removals and coordination due to their current work in Chino Hills State Park. Following the surveys, a memo will be prepared to summarize the results of the ISHB field surveys and include GPS locations of the infested trees to be removed.
Task 3.5 Pre-Construction Surveys
Michael Baker will provide a qualified biologist (“Designated Biologist”) to conduct a general pre-construction survey throughout the removal areas where suitable habitat
is present to support special-status wildlife. The preconstruction survey will focus on any special-status species that could occur in the area. The survey will be conducted at least three (3) days prior to vegetation removal occurring. If any special-status species are found and have the potential to be adversely affected by the project, Michael Baker
will coordinate with the CDFW to determine appropriate
avoidance and minimization measures to be implemented
during construction.
Results of the pre-construction survey will be summarized in a short memorandum that includes a summary of the
methods, site conditions, and results of the survey. Site photographs taken during the field survey and GIS figures will be included in the report to further enhance written text and visually identify specific biological information as it relates to the project site. This task includes time for GIS analysis to support the preparation of one (1) figure for each site.
Michael Baker’s qualified biologists will conduct one (1) nesting bird clearance survey at each site within seven (7) days prior to initiating any ground disturbing or vegetation removal activities during the nesting season (March 15
to September 15), followed by weekly surveys to ensure
that birds do not nest in work areas or in vegetation to be removed. The project site shall be surveyed by walking
meandering transects in nesting habitat and in areas up to 150 meters (500 feet) of the parcel, at the discretion of the surveyor (survey area). Methods to detect the
presence of nesting birds shall include direct observation, aural detection, and signs of presence (i.e., scat, pellets, white-wash, feathers, tracks, and prey remains). All trees, shrubs, and ground dwellings shall be searched for the
possible presence of active bird nests.
Michael Baker will also record all bird species observed during the clearance survey and document behaviors
that suggest breeding activity. Binoculars will be used to observe distant birds and their activity around potential nesting habitat. The location of any active nests or breeding behaviors will be recorded using a hand-held GPS unit, if found. This task does not include time for any protocol-level surveys.
Task 3.6 Weekly Inspections
Michael Baker will conduct periodic monitoring of the
vegetation removal as needed to ensure that impacts to
native habitats are minimized. The Biologist will have
the authority to stop work if required (i.e. infested trees are not being properly removed and hauled off site). The Biologist will: (a) document all construction activities pertaining to biological resources while on-site; (b) provide a weekly monitoring report; (c) notify the City immediately if unauthorized impacts to biological resources occur; and (d) advise the contractor, as needed, to ensure effective and appropriate implementation of biological avoidance
and minimization measures for specific site conditions.
Following monitoring visits, Michael Baker will submit a weekly e-mail to the client, along with site photographs, summarizing all monitoring efforts performed during the week and any corrective measures that were implemented
to maintain compliance with all regulatory permits,
agreements, and authorizations.
Task 4 Community Engagement
Task 4.1Educational Signage
The Michael Baker team will create educational signage
through collaboration with the City and OCFA to provide messaging of wildfire prevention activities.
TASK 4.2 Fire Prevention Educational Meetings
Michael Baker will work with OCFA and the City on an annual basis (for up to 3 years or 3 meetings) to educate residents on wildfire prevention through community meetings to
engage residents on wildfire prevention. At minimum, topics will include the development of defensible space zones on their property, weed abatement, standards for safe use of backyard barbeque grills, use of fire-resistant plantings, and other relevant wildfire urban interface fire safety information. These meetings can be grouped with the other outreach meetings associated with Scopes 1-3, if desired by the City.
TASK 4.3 Fire Prevention Mailers
Michael Baker’s graphic design team will work with the City and OCFA to develop fire prevention mailers similar to the example provided in the RFP. The mailer will include methods for weed abatement and encourage regular weed abatement practices.
G. SCHEDULE OF
COMPENSATION/FEES
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 41 G. SCHEDULE OF COMPENSATION/FEES
As requested in the RFP, the Compensation Payment
Schedule has been provided as a separate file.
H. PROJECT SCHEDULE(S)
ID Task Name
1 Project Kick-Off & Background Data Review
2 Safety Element Update - Crosswalk Matrix & Exhibit Update 3 Admin Draft Safety Element Preparation
4 Public Review Draft Safety Element
5 Final Safety Element Preparation
6 7
8 9
10 11
12 13
14 15
16 17
18 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 Apr '22 May '22 Jun '22 Jul '22 Aug '22 Sep '22
Task
SCOPE #1 SCHEDULE
GENERAL PLAN-SAFETY ELEMENT
Project: Scope1_Safety_Elemen
Date: Thu 5/12/22
ID Task Name
1 Task 1.1: Project Kickoff and Background Data Review
2 Task 1.2 Hazard Mitigation Planning Committee Meeting 13 Task 1.2 Hazard Mitigation Planning Committee Meeting 24 Task 1.2 Hazard Mitigation Planning Committee Meeting 35 Task 1.2 Hazard Mitigation Planning Committee Meeting 46 Task 1.3 LHMP Community Outreach Online Community Survey7 Task 1.3 LHMP Community Outreach Web Content/Social Media8 Task 1.3 LHMP Community Outreach Community Workshop9 Task 2.1 Hazard Identification and Profiles 10 Task 2.2 Hazard Mapping11 Task 2.3 Vulnerability Assessment12 Task 2.4 Capabilities Assessment13 Task 3 Hazard Mitigation Strategy14 Task 4.1 HMP Monitoring, Evaluating, Implementing and Updating15 Task 4.2 Prepare Draft LHMP for HMPC Review16 Task 4.3 Prepare Public Review Draft LHMP17 Task 4.4 Prepare Plan Submittal for Cal OES/FEMA Review18 Task 4.5 Obtain Conditional Approval Pending Adoption from FEMA* (tentative)19 Task 4.6 Plan Adoption
B E M B E M B E M B E M B E M B E M
May June July August September October November December January February March April Manual Task
SCOPE #2 SCHEDULE
LOCAL HAZARD MITIGATION PLAN
Project: Scope2_LHMP_ScheduDate: Thu 5/12/22
ID Task Name Duration Start Finish
1 Task 1 EOP Update ‐ Crosswalk Matrix
& Exhibits Updat109 days Mon 1/2/23 Thu 6/1/23
2 Task 2 Admin Draft EOP Preparation 88 days Thu 6/1/23 Mon 10/2/233 Task 3 Final EOP Element 110 days Mon 10/2/23 Fri 3/1/24 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter Manual Task
SCOPE #3 SCHEDULE
EMERGENCY OPERATIONS PLAN UPDATE
Project: Scope3_EOP_ScheduleDate: Thu 5/12/22
ID Task Name Duration Start Finish
1 Year 1 Activities 217 days? Tue 6/7/22 Wed 4/5/23
2 Project Kick‐Off 0 days Tue 6/7/22 Tue 6/7/223 Baseline Surveys 203 days Tue 6/7/22 Thu 3/16/234 Existing Site Conditions Assessment 0.8 wks Tue 6/7/22 Fri 6/10/225 Delineation of Jurisdictional Waters 3 wks Mon 6/13/22 Fri 7/1/226 ISHB Tree Assessment 2 wks Mon 7/4/22 Fri 7/15/227 Pre‐Construction Surveys 61 days Fri 9/16/22 Fri 12/9/228 Nesting Bird Surveys (if required) 21 days Wed 2/15/23 Wed 3/15/239 CEQA Compliance 40 days Tue 6/7/22 Mon 8/1/22 10 Preparation and Filing of NOEs 8 wks Tue 6/7/22 Mon 8/1/2211 Community Engagement/Education 21 days Mon 8/8/22 Mon 9/5/2212 Community Meeting #1 (EST) 0 days Mon 8/8/22 Mon 8/8/2213 Educational Mailers (EST) 0 days Mon 9/5/22 Mon 9/5/2214 Emergency Plans 469 days Tue 6/7/22 Fri 3/22/2415 Local Hazard Mitigation (no CEQA) 12.25 mons Tue 6/7/22 Mon 5/15/2316 Safety Element (possible exemption) 3.85 mons Tue 6/7/22 Wed 9/21/2217 Emergency Operations Plan 15.25 mons Mon 1/2/23 Fri 3/1/2418 Major Vegetation Clearance 60 days? Mon 9/19/22 Fri 12/9/2219 Phase 1 Major Vegetation Clearance 3 mons Mon 9/19/22 Fri 12/9/2220 (Active Goat Grazing)21 Biological Monitoring 3 mons Mon 9/19/22 Fri 12/9/2222 Review of City Prepared Plans 479 days? Tue 6/7/22 Fri 4/5/2423 Review of Evacuation Plan (as needed) 23.2 mons Tue 6/7/22 Fri 3/15/2424 Review and Coordination of Restoration and Sustainability Plan (as needed)
23.95 mons Tue 6/7/22 Fri 4/5/24
25 Year 2 Activities 262 days Thu 3/16/23 Fri 3/15/2426 Pre‐Construction Surveys 106 days Fri 9/15/23 Fri 2/9/2427 Phase 2 Aggressive Vegetation Clearance 105 days Mon 9/18/23 Fri 2/9/2428 Biological Monitoring 105 days Mon 9/18/23 Fri 2/9/2429 Community Meeting #2 (EST) 0 days Mon 8/14/23 Mon 8/14/2330 Year 3 Activities 260 days? Mon 3/18/24 Fri 3/14/2531 Phase 3 Vegetation Management 110 days Mon 9/16/24 Fri 2/14/2532 Biological Monitoring 110 days Mon 9/16/24 Fri 2/14/2533 Community Meeting #3 (EST) 0 days Mon 8/12/24 Mon 8/12/2434 Educational Mailers (EST) 0 days Mon 9/16/24 Mon 9/16/2435 Year 4 Activities 269 days Mon 3/17/25 Thu 3/26/26 6/7
8/8
9/5
8/14
8/12
9/16
Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 2023 2024 2025 2026
TaskSplitMilestoneSummary
Project SummaryInactive SummaryManual TaskDuration-only Manual Summary RollupManual SummaryStart-onlyFinish-only External TasksExternal MilestoneDeadlineProgress
Manual Progress
SCOPE #4 SCHEDULE
CAL FIRE- FIRE PREVENTION GRANT
Project: Scope4_CalFire_ScheduDate: Thu 5/12/22
ID Task Name Duration Start Finish
36 Phase 4 Vegetation Management 110 days Mon 9/15/25 Fri 2/13/26 37 Biological Monitoring 110 days Mon 9/15/25 Fri 2/13/2638 Project Management 1008 days Tue 6/7/22 Thu 4/16/2639 Project/Grant Management 1008 days Tue 6/7/22 Thu 4/16/2640 Coordination with Partners/Stakeholders 1008 days Tue 6/7/22 Thu 4/16/26 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 2023 2024 2025 2026
TaskSplitMilestoneSummary
Project SummaryInactive SummaryManual TaskDuration-only Manual Summary RollupManual SummaryStart-onlyFinish-only External TasksExternal MilestoneDeadlineProgress
Manual Progress
SCOPE #4 SCHEDULE
CAL FIRE- FIRE PREVENTION GRANT
Project: Scope4_CalFire_ScheduDate: Thu 5/12/22
I. PROPOSAL FORMS
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 47 I. PROPOSAL FORMS
City of Yorba Linda
Professional Consulting Services
NON-COLLUSION AFFIDAVIT
The undersigned represents and certifies that:
1. This Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.
2. This Proposal is genuine and not collusive or sham.
3. The Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and has not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in sham proposal or to refrain from submitting to this RFP.
4. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Yorba Linda or of anyone interested in the proposed contract.
5. Proposer affirms that all statements contained in the Proposal and related documents are true and correct.
6. Proposer has not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof to effectuate a collusive or sham proposal.
7. Proposer has not entered into any arrangement or agreement with any City of Yorba Linda public officer in connection with this proposal.
8. Proposer understands that collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards.
I declare under penalty of perjury pursuant to the laws of the State of California and the United States that the foregoing facts are true and correct.
Executed this 21st day of April , 2022, at Santa Ana , California.
Signature of Authorized Representative
David Reel Vice President, West Regional Practice Lead - Planning Name of Authorized Representative Title of Authorized Representative
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 48 I. PROPOSAL FORMS
City of Yorba Linda
Professional Consulting Services
CERTIFICATION OF PROPOSAL
TO THE CITY OF YORBA LINDA
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). By signing the Certification of Proposal and submitting a proposal to the City in response to this Request for Proposals, the Proposer hereby represents and certifies that:
A) No elected or appointed official, officer, or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or for any work connected with this proposal; should any agreement be approved in connection with this Request for Proposals (“Agreement”) no elected or appointed official, officer, or employee of the City, during the term of his/her service with the City, shall have any direct or indirect financial interest in the Agreement, or obtain any present, anticipated, or future financial interest or other material benefit arising therefrom; B) No elected or appointed official, officer, or employee of the City shall have any financial interest, direct or indirect, in the Agreement nor shall any such official, officer, or employee participate in any decision relating to the Agreement which effects his/her personal financial interest or the financial interest of any corporation, partnership, or association in which they are, directly or indirectly, interested in violation of state law;
C) The Proposer and its principals do not have now, nor shall it acquire any financial or business interest that would conflict with the performance of services under the Agreement; D) Proposer shall represent and certify that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, material status, physical condition, pregnancy or pregnancy related conditions, political affiliation or opinion, age or medical condition;
E) By submitting the response to this request, Proposer agrees, if selected, to furnish services to the City in accordance with this RFP;
F) Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them; G) It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City; H) The proposal response includes all of the commentary, figures and data required by the Request for Proposal, dated March 28, 2022.
I) The proposal shall be valid for 180 days from the due date of this RFP.
Name of Proposer: Michael Baker International, Inc.
By:
(Authorized Signature)
Type Name: David Reel
Title: Vice President, West Regional Practice Lead - Planning Date: April 21, 2022
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 49 I. PROPOSAL FORMS
ADDENDUM RECEIPT CERTIFICATION
REQUEST FOR PROPOSALS (RFP) FOR PROJECT MANAGEMENT,
GRANT MANAGEMENT AND CONSULTING SERVICES FOR
SAFETY MITIGATION EFFORTS
Bidder acknowledges receipt of this Addendum and inclusion of its conditions in their proposal by signature below and attachment of this Addendum to their bid. PROPOSALS NOT CONTAINING THIS CERTIFICATION WILL BE REJECTED.
Addendum No. 1 Date:
Received by: Date:
(Signature)
Name: Title:
(Print)
Proposer:
(Authorized Signature)
Name: Title:
(Print)
April 21, 2022
March 20, 2022
Richard Beck Program Manager
David Reel
Vice President, West Regional
Practice Lead - Planning
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 50 I. PROPOSAL FORMS
8 ADDENDUM RECEIPT CERTIFICATION
REQUEST FOR PROPOSALS (RFP) FOR PROJECT MANAGEMENT,
GRANT MANAGEMENT AND CONSULTING SERVICES FOR
SAFETY MITIGATION EFFORTS
Bidder acknowledges receipt of this Addendum and inclusion of its conditions in their proposal by signature below and attachment of this Addendum to their bid. PROPOSALS NOT CONTAINING THIS CERTIFICATION WILL BE REJECTED.
Addendum No. 2 Date:
Received by: Date:
(Signature)
Name: Title:
(Print)
Proposer:
(Authorized Signature)
Name: Title:
(Print)
April 13, 2022
April 13, 2022
Richard Beck Program Manager
David Reel
Vice President, West Regional
Practice Lead - Planning
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 51 I. PROPOSAL FORMS
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
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X
X
XX
GEN'L AGGREGATE LIMIT APPLIES PER:
SIR/Deductible
A
PROJECT
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
HIRED AUTOS
ONLY
NON-OWNED
AUTOS ONLY
BODILY INJURY ( Per person)
PROPERTY DAMAGE
(Per accident)
X
X X
BODILY INJURY (Per accident)
A
COMBINED SINGLE LIMIT
(Ea accident)
Deductible
EXCESS LIAB
X OCCUR
CLAIMS-MADE AGGREGATE
EACH OCCURRENCE
DED
UMBRELLA LIAB C
X RETENTION
X
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT
X OTHER
A PER STATUTE
A
Y / N
(Mandatory in NH)
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N N / A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
B
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 52 I. PROPOSAL FORMS
City of Yorba Linda
Professional Consulting Services
CONSULTANT’S ACKNOWLEDGMENT OF COMPLIANCE
WITH INSURANCE REQUIREMENTS FOR
AGREEMENT FOR PROFESSIONAL SERVICES
Consultant agrees, acknowledges, understands and is fully aware of the insurance requirements as specified in Section 5, Insurance Requirements of the attached sample Agreement for Professional Services and hereby accepts all conditions and requirements as contained therein.
Consultant: Michael Baker International, Inc.
Name (Please Print or Type)
By: Vice President, West Regional Practice Lead - Planning Consultant’s Signature & Title
Date: April 21, 2022
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS ▬ PAGE 53 I. PROPOSAL FORMS
City of Yorba Linda
Professional Consulting Services
CONSULTANT’S ACKNOWLEDGMENT OF RECEIPT AND
UNDERSTANDING OF THE PROJECT MANAGEMENT AND CONSULTING
SERVICES FOR SAFETY MITIGATION EFFORTS RFP
Consultant acknowledges that he/she has received a copy of the Project Management and Consulting Services for Safety Mitigation Efforts RFP and confirms that he/she has reviewed and understands all conditions and requirements as contained herein. Consultant also acknowledges that the Proposal is consistent with the terms of the Project Management and Consulting Services for Safety Mitigation Efforts RFP.
Michael Baker International, Inc.
Consultant: David Reel, Vice President, West Regional Practice Lead - Planning Name (Please Print or Type)
By:
Consultant’s Signature
Date: April 21, 2022
APPENDIX
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS
APPENDIX
SCOPE OF SERVICES
SCOPE # 1 - GENERAL PLAN - SAFETY ELEMENT - AUGUST 2022 As part of the General Plan Housing Element the Safety Element is required to be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas and land classified as very high fire hazard severity zones. (Gov. Code, § 65302, subd. (g)(3).) The safety element is required to include:
▬ Fire hazard severity zone maps available from the Department of Forestry and Fire Protection. ▬ Any historical data on wildfires available from local agencies or a reference to where the data can be found. ▬ Information about wildfire hazard areas that may be available from the United States Geological Survey. ▬ The general location and distribution of existing and planned uses of land in very high fire hazard severity zones (VHFHSZs) and in state responsibility areas (SRAs), including structures, roads, utilities, and essential public facilities.
The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations. ▬ The local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services. (Gov. Code, § 65302, subd. (g)(3)(A).) Based on that information, the safety element shall include goals, policies, and objectives that protect the community from the unreasonable risk of wildfire. (Gov. Code, § 65302, subd. (g)(3)(B).) To carry out those goals, policies, and objectives, feasible implementation measures shall be included in the safety element, which include but are not limited to:
▬ Avoiding or minimizing the wildfire hazards associated with new uses of land. ▬ Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in the SRA or VHFHSZ.
▬ Designing adequate infrastructure if a new development is located in the SRA or VHFHSZ, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression. ▬ Working cooperatively with public agencies with responsibility for fire protection. (Gov. Code, § 65302, subd.(g)(3)(C).) The safety element shall also attach or reference any fire safety plans or other documents adopted by the city or county that fulfill the goals and objectives or contains the information required above. (Gov. Code, § 65302, subd. (g)(3)(D).) This might include Local Hazard Mitigation Plans, Unit Fire Plans, Community Wildfire Protection Plans, Emergency Operations Plan or other plans.
DELIVERABLE: Final Approved Safety Element Update
CITY RESPONSIBILITIES:
The City is providing the following reference documents:
▬ See Exhibit A – General Plan Safety Element Assessment Board of Forestry and Fire Protection – June 2020 for Background Information Summary and Sample Safety Element Recommendations. The safety element must contain specific background information about fire hazards in each jurisdiction. ▬ Historical documents and backup data as needed.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS
APPENDIX
SCOPE # 2 - LOCAL HAZARD MITIGATION PLAN - APRIL 2, 2023 One of the required General Plan elements is the Safety Element, which identifies potential natural and man-made safety risks (e.g., fire, flood, landslide, etc.) and describes the City’s emergency and disaster preparedness programs. The Safety Element relies on information contained in the City’s Local Hazard Mitigation Plan (LHMP) which identifies risks and vulnerabilities from natural disasters and develops long term strategies for protecting people and property from future hazardous events. FEMA approval of a City’s LHMP establishes eligibility for participation in federal mitigation grant programs. Mitigation grant programs fund projects that lessen the impact of disasters. For jurisdictions which receive approval of a LHMP and who wish to continue their eligibility for mitigation grant programs, FEMA requires LHMP updates every five years. The City does not have an LHMP so this will be a new guiding document with final approval by FEMA.
The City has secured a FEMA Grant as administered by Cal OES for the preparation and adoption of a LHMP. The LHMP shall be created by the consultant for compliance with the following laws and requirements:
a) The Disaster Mitigation Act of 2000 and Title 44 Code of Federal Regulations (CFR) §201.6, as outlined in FEMA’s Local Mitigation Planning Handbook, published March 1, 2013.
b) FEMA’s Local Mitigation Plan Review Guide, published on October 1, 2011. c) Analysis of potential impacts and mitigation measures related to climate change for compliance with Senate Bill (SB) 379.
The consultant will create a LHMP. Duties include the following:
a) Create a work schedule and a description for milestones to be completed in accordance with the CalOES quarterly report requirements.
b) Provide quarterly updates to staff as to the status and completion date for the activity funded, including any problem or circumstances affecting the completion date, and scope of work completed. c) Gather and analyze necessary data.
d) Facilitate a kick-off meeting with staff and working group meetings throughout the duration of the project. e) Plan and execute community outreach both on-line, and in person focus groups. The City will assist with out-reach efforts as appropriate.
f) Risk assessment to include hazard identification and profiles, vulnerability assessment, and capabilities assessment. g) Develop Mitigation Strategy.
h) Prepare Public Review Draft.
i) Prepare Plan Submittal for CalOES/FEMA review.
j) Obtain FEMA approval and Plan Adoption by FEMA. The Consultant is responsible for completing all revisions and addressing all comments issued by CalOES and FEMA until final approval is received from these agencies. k) Obtain City Council Adoption.
l) Project Closeout
Project Cost:
Consultant must include a detailed project budget for the scope of services. The work associated with the LHMP will not exceed the grant award of $112,500.The City also has a match of $37,500 (in-kind agency personnel). The City may opt to perform all community outreach in-house to draw down the amount that the City is required to match.
DELIVERABLE: Final FEMA and Cal OES Approved Local Hazard Mitigation Plan
CITY RESPONSIBILITIES
▬ City will file required quarterly reports with CalOES as the authorized agent for compliance and submit the reimbursement request forms.
The City is providing the following reference documents:
▬ Documents and historical backup data as needed.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS
APPENDIX
SCOPE #3 - EMERGENCY OPERATIONS PLAN UPDATE
(Included as a deliverable within Scope #4 of the CAL FIRE Grant with a due date of - March 2024) The consultant will be responsible for gathering important information on city infrastructure, resources, and contracted services in order to ensure, upon completion, an updated, comprehensive emergency operations plan that adheres to the fundamentals of the National Incident Management System (NIMS) and incorporates the State’s Standardized Emergency Management System (SEMS) while meeting the requirements of California Office of Emergency Services’ (CalOES) planning guidance as outlined in the 2020 Emergency Plan Review Crosswalk.
The Emergency Operations Plan will assign responsibility to organizations and individuals for carrying out specific actions at projected times and places in an emergency that exceeds the capability or routine responsibility of any one agency, e.g. our contracted emergency service providers. It will set forth lines of authority, and organizational relationships, and shows how all actions will be coordinated. Additionally, it will identify personnel, equipment, facilities, supplies, and other resources available within the jurisdiction, or by agreement with other jurisdictions, for use during response and recovery operations.
The updated EOP will provide a basis for our jurisdiction’s coordinated actions before, during and after a disaster. The primary purpose of the EOP shall be to outline our all-hazard approach to emergency operations to protect the safety, health, and welfare of its citizens.
SITUATION AND ASSUMPTIONS
A. Situation. Yorba Linda is exposed to many hazards, all of which have the potential to disrupt the community, cause damage, and create casualties. Possible natural hazards include wildland fires, earthquakes, floods, and storms. Other disaster situations could develop from hazardous materials releases, major transportation accidents, terrorism, and civil disorder. There is also the possibility of national security threats such as war or acts of terrorism.
The Threat and Vulnerability Assessment will be undertaken as part of our overall hazard mitigation plan process. The EOP shall compliment the Local Hazard Mitigation Plan (LHMP) being developed concurrently.
B. Assumptions. The City will commit all available resources to save lives, minimize injury to persons, and minimize damage to property. Yorba Linda will rely on contract agencies to provide tactical assets. It is assumed these contract resources will be available to the City in time of emergency or disaster and have their own emergency operations plans that include disaster response services to the City of Yorba Linda.
While it is likely that outside assistance would be available in most large-scale disaster situations affecting the City and while plans have been developed by our contracted emergency services providers to facilitate coordination of this assistance, it is necessary for the EOP to outline how the City will plan for, and to be prepared to carry out, disaster response and short-term recovery operations on an independent basis.
DELIVERABLE: Final Approved Emergency Operation Plans
CITY RESPONSIBILITIES
The City can provide the following reference documents:
▬ Exhibit B - DRAFT Emergency Operations Plan (EOP)
▬ Historical documents and backup data as needed.
PROJECT MANAGEMENT AND CONSULTING SERVICES FOR SAFETY MITIGATION EFFORTS
APPENDIX
SCOPE #4 - CAL FIRE - FIRE PREVENTION GRANT – (multi-year) March 2025 Coordinate and manage the City’s “Yorba Linda Fuel Reduction Project”. The City received a California Climate Investments Department of Forestry and Fire Protection Fire Prevention multi-year grant starting FY 2021-2022. The project performance period is to be completed by March 15, 2025.
The City of Yorba Linda proposes implementing an integrated fuel reduction project in seven strategic sites to reduce the risk of wildfire to State Responsibility Areas (SRA). The integrated project includes animal (i.e. goat sheep) grazing, hand crews, and mechanical abatement depending on slope, accessibility, and density. An estimated 78 acres based on surface area will be treated. This integrated vegetation removal task will be bid separately by the City. Once integrated fuel reduction work is awarded, it is expected that the consultant will manage the contract moving forward and inspect the sites to ensure that the fuel reduction contractor adheres to the timeline and treatment plan outlined in the grant scope of work.
CEQA compliance and biological habitat assessment is to be completed by the consultant. A copy of the certified CEQA document must be provided to STATE before any GRANT FUNDS are made available for any Project activity that could directly impact the environment (e.g. cutting, piling or burning bush, masticating, dozer work, etc.). CEQA compliance shall be completed within one (1) year from start date of the Agreement, December 15, 2022.
The grant also includes developing wildfire Evacuation Plans for at-risk areas and developing a Restoration and Sustainability Plan, both of these tasks will be done by in-house staff but reviewed by and managed by the consultant.
The grant also includes conducting wildfire prevention education and messaging and it is expected that the consultant would coordinate and work with our contracted fire department and grant partner, the Orange County Fire Authority (OCFA). The consultant will provide over-all grant management, including review of integrated vegetation removal contractors’ invoices and tasks, along with coordinating with partners and stakeholders.
The consultant must be familiar with and comply with all Terms and Conditions of Grant Agreement. Including,but not limited to Monitoring and Reporting requirements, Special Provisions, General Provisions, Program Acknowledgment/Recognition (Publications) . All funds expended through CCI grant are subject to emissions reporting and requirements. Consultant is expected to provide the appropriate materials for completing program quantification methodology and use the current reporting template provided by the STATE. The reporting shall be submitted to the STATE no less frequently than quarterly. In addition, STATE may request additional information in order to meet current CARB reporting requirements.
DELIVERABLES: The proposal should include a milestone schedule of the deliverables outlined in the Scope of the Grant.
Included, but not limited to:
▬ CEQA Prep and Compliance
▬ Biologist Monitoring and Reporting
▬ Community Engagement
» Educational Signage at each site
» Fire Prevention Educational Meetings
» Fire Prevention Mailings
» Coordination with OCFA Community Outreach
▬ Multi-year Fuel Reduction Treatment Plan Schedule, Inspections, and Invoice Review ▬ Prep and completion of EOP (from Scope #3 above)
▬ Review and consultation of Restoration and Sustainability Plan ▬ CAL FIRE approval and closeout of multi-year grant
CITY RESPONSIBILITIES
▬ The integrated fuel reduction portion of the project includes animal grazing, hand crews, and mechanical abatement depending on slope, accessibility, and density. An estimated 78 acres based on surface area will be treated. This integrated vegetation/fuel removal task will be bid separately by the City. Once integrated fuel (vegetation) contract is awarded, it is expected that the consultant will manage the contract moving forward. ▬ The grant also includes developing wildfire Evacuation Plans for at-risk areas and developing a Restoration and Sustainability Plan, both of these tasks will be done by in-house staff but reviewed by and managed by the consultant. ▬ City to prepare and submit invoices to the State for reimbursement on a monthly basis.
The City is providing the following reference documents:
▬ Exhibit C - California Climate Investments Department of Forestry and Fire Protection Fire Prevention Grant Executed Agreement (and approved Revisions to Budget and Evacuation Area Map) ▬ Historical documents and backup data as needed.
MICHAEL BAKER INTERNATIONAL
5 Hutton Centre Drive ⋅ Suite 500
Santa Ana, CA 92707
PUBLIC WORKS DEPARTMENT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: FREDY CASTILLO, ASSISTANT ENGINEER
SUBJECT: REJECTION OF BIDS RECEIVED FOR THE FISCAL YEAR 2021-22 ANNUAL PAVEMENT PRESERVATION PROJECT (ZONE 6)
RECOMMENDATION
It is recommended that the City Council reject all bids received for the Fiscal Year 2021-22 Annual Pavement Preservation Project Zone 6 (SI221009).
BACKGROUND
The City is divided into seven (7) maintenance zones and pavement maintenance/preservation treatments are implemented for one (1) zone per year. The areas that are scheduled to receive treatment for Fiscal Year 2021-2022 include all of Maintenance Zone 6.
DISCUSSION
Plans and specifications were advertised for bids on April 21st and April 28th, 2022. Formal bidding procedures have been followed in conformance with the State Public Contract Code and the City of Yorba Linda Municipal Code. A total of four bids (4) bids were received and opened by the City Clerk’s office on May 19th, 2022, with the following results:
Table 1 – Bid Summary
Bidder Bid Amount
RJ Noble Company $7,958,718.63
Palp, Inc.
All American Asphalt, Inc.
VSS International
$8,659,894.00
$8,700,000.00
$9,066,479.00
R E J E C T I O N O F B I D S R E C E I V E D F O R T H E F I S C A L Y E A R 2 0 2 1 - 22 A N N U A L P A V E M E N T P R E S E R V A T I O N P R O J E C T ( Z O N E 6 ) P a g e | 2
Unfortunately, due to a number of factors including recent spikes in material prices, increased labor costs, and trucking shortages, bids came in significantly higher than anticipated. The engineer’s estimate for construction was $6.22 million. At this time, it is staff recommendation to reject all bids and repackage the plans and specifications with modifications to the schedule, treatment area, and treatment types that are anticipated to create an opportunity for cost savings. Once these modifications are made the project will be readvertised for award at a later date.
FISCAL IMPACT
There is no direct fiscal impact.
ALTERNATIVES
Council may direct staff to proceed with approval of RJ Noble Company’s bid via a separate staff report recommendation at a future Council meeting date. This is not recommended as the City will incur higher expenses, not currently budgeted in the Capital Improvement Program.
ATTACHMENTS
None.
PUBLIC WORKS DEPARTMENT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: RICK YEE, P.E., DEPUTY PUBLIC WORKS DIRECTOR SUBJECT: APPROVAL OF AN AMENDMENT TO THE AGREEMENT WITH MICHAEL
BAKER INTERNATIONAL FOR ADDITIONAL ENGINEERING DESIGN
SERVICES ON BASTANCHURY ROAD WIDENING BETWEEN CASA
LOMA AVENUE AND EUREKA AVENUE
RECOMMENDATION
It is recommended that the City Council:
1. Approve an amendment to the Professional Services Agreement with Michael Baker International, in the amount of $70,294 for additional engineering services on the Bastanchury Road Widening Project between Casa Loma Avenue and Eureka Avenue (SI221005); and
2. Approve a supplemental budget appropriation of $19,504 from the Traffic Signal Improvement Fund (405) with a corresponding increase to the Capital Improvement Program (CIP) Project budget.
BACKGROUND
The original agreement for the subject project was awarded by the City Council as an amendment to the on-call agreement with Michael Baker International (MBI) in June 2018.
The services included engineering design and construction support services. In November 2021, the City Council approved an extension to the MBI agreement along with increased compensation to allow for MBI’s provision of support during construction.
In March 2022, the City Council approved a prior amendment with MBI to incorporate services needed for a constructability review process and to adjust plans in response to private property accommodations resulting from the Right of Entry process. As a result of the constructability review, a number of design details and refinements were identified and thereafter incorporated into the plans to address potential utility conflicts and ideally minimize construction impact and change orders.
Upon completion of the recent subsurface investigation within the project limits, it was revealed that a conflict with a Yorba Linda Water District (YLWD) water main would require either relocation or re-design. In order to avoid costs related to relocation of this pipeline and the desire to keep the line in place, it was determined that additional value engineering
A P P R O V A L O F A N A M E N D M E N T T O T H E A G R E E M E N T W I T H
M I C H A E L B A K E R I N T E R N A T I O N A L F O R A D D I T I O N A L
E N G I N E E R I N G D E S I G N S E R V I C E S O N B A S T A N C H U R Y R O A D
W I D E N I N G B E T W E E N C A S A L O M A A V E N U E A N D E U R E K A A V E N U E P a g e | 2
could be pursued that would allow for an alternate design for the retaining wall foundation in conflict. Expending design effort on the modified design would not only avoid the impact to the aforementioned waterline, but it would also result in more favorable construction costs than with the traditional footing design. The value engineering effort is timely as it allows for avoidance of the waterline relocation and also mitigates the retaining wall cost increases that have resulted from accommodations due to private property slope conditions.
Additionally, the subsurface investigation results have necessitated additional design effort on the plans to accommodate the changes in the accessible pedestrian pathway due to movement of traffic signal poles to avoid subsurface conflicts. While the designs were coordinated at the time of original engineering design, the recently constructed improvements to the Shea Homes tract necessitated refinements to the surface drainage design and street profiles for the City’s widening project on Bastanchury Road. Lastly, this amendment includes costs for a bird survey to ensure the absence of nesting birds in advance of tree removals that are necessary as part of the subject project.
DISCUSSION
Pending Council approval of this amendment, the revised aggregate design total authorized with MBI for these services will be increased to a not-to-exceed amount of $435,083 as described in the table below.
Bastanchury Road Widening Design
Original MBI Task Amount $299,317
Previously Approved Amendments $65,472
Proposed Amendment Amount $70,294
GRAND TOTAL $435,083
FISCAL IMPACT
A project budget amount of $5,303,210 has been appropriated by the City Council as part of the Fiscal Year 2021/22 budget. Of this total, $2,651,605 is to be funded via OCTA CTFP Competitive Grant Funds and the remaining $2,651,605 is to be funded via the City’s Gas Tax. The project budget includes construction engineering support costs and the bulk of the requested amendment amount of $70,294 will be funded from this portion of the project budget. Additionally, portions of the proposed design amendment pertain to traffic signal improvements required for the project (subtask 26) which qualify for additional funds.
Therefore, staff recommends that Council approve an appropriation in an amount of $19,504 from the Traffic Signal Improvement Fund (405) to cover these costs. Sufficient funding for the Project (SI221005) is available in the Fiscal Year 2021/2022 CIP budget under account No. 4010050-461620 for the remainder of the amendment costs.
ALTERNATIVES
Do not approve this amendment. However, foregoing the requested additional design scope will necessitate an alternate cost impact in designing the relocation of a YLWD water main and result in conflicting design information that would translate into contractor change
A P P R O V A L O F A N A M E N D M E N T T O T H E A G R E E M E N T W I T H
M I C H A E L B A K E R I N T E R N A T I O N A L F O R A D D I T I O N A L
E N G I N E E R I N G D E S I G N S E R V I C E S O N B A S T A N C H U R Y R O A D
W I D E N I N G B E T W E E N C A S A L O M A A V E N U E A N D E U R E K A A V E N U E P a g e | 3
orders.
ATTACHMENTS
1.) Michael Baker International Agreement
AMENDMENT NO. 6 TO
PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT is made and entered into this 7th day of June 2022, by and between the City of Yorba Linda, 4845 Casa Loma Avenue, Yorba Linda, California 92886, a municipal corporation of the State of California (hereinafter referred to as “City”), and Michael Baker International, Inc., 5 Hutton Center Drive, Suite 500; Santa Ana, California 92707 (hereinafter referred to as “Consultant”).
WITNESSETH:
WHEREAS, the City and the Consultant entered into an Agreement for Professional On-Call Consultant Services dated November 21, 2016, on an as-needed basis; and WHEREAS, the City and the Consultant desire to enter into an amendment to the Agreement; and WHEREAS, the City and the consultant agree to amend the scope of services specified in Section
3.1.1 of the agreement to include additional Pre-Bid Design services for the Bastanchury Road Widening (from Casa Loma Avenue to Eureka Avenue) Project; and WHEREAS, the City and the Consultant desire to amend the compensation specified in Section
2.1 Contract Sum of the Agreement will be amended to include an additional Seventy Thousand Two Hundred Ninety-Four Dollars ($70,294) for additional Pre-Bid Design services for the Bastanchury Road Widening (from Casa Loma Avenue to Eureka Avenue) Project per Amendment No. 6; and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the Parties agree as follows:
1. In accordance with Section 3.1.1 General Scope of Services of the Agreement, the scope of services provided in Attachment “A” of the Agreement is amended to include the additional scope of services described in the Consultant’s Scope Amendment Proposal attached here to as Attachment “A-3”.
2. In accordance with Section 3.3.1 Compensation of the Agreement, and Exhibit “A” Schedule shall include an additional Seventy Thousand Two Hundred Ninety-Four Dollars ($70,294) for additional Pre-Bid Design services for the Bastanchury Road Widening (from Casa Loma Avenue to Eureka Avenue) Project, increasing the total not to exceed Agreement Task Order amount to Four Hundred Thirty-Five Thousand EightyThree Dollars ($435,083).
Except as amended pursuant to this Amendment No. 6, all provisions of the Agreement shall remain in full force and effect, and shall govern the services provided under this Amendment No. 6. [SIGNATURES ON THE NEXT PAGE]
CITY OF YORBA LINDA
Dated: By:
MARK A. PULONE
CITY MANAGER
ATTEST:
MICHAEL BAKER INTERNATIONAL,
Marcia Brown INC.
City Clerk
________________________
Dianna Honeywell
Finance Director
APPROVED AS TO FORM: By:
RUTAN & TUCKER LLP (Print)
(Signature)
Todd Litfin
City Attorney Title: ________________________________
Dated:
1 May 10, 2022
Jamie Lai, PE
Director of Public Works / City Engineer
City of Yorba Linda
Public Works Department
4845 Casa Loma Avenue
Yorba Linda, CA 92886
SUBJECT: PRE-BID PHASE DESIGN SERVICES -
BASTANCHURY ROAD STREET IMPROVEMENTS-AMENDMENT 6 REQUEST Dear Mrs. Lai,
Michael Baker International, Inc. (MBI) is currently supporting the City of Yorba Linda by finalizing the Street Improvement Plans for Bastanchury Road. The scope of design services has changed as a result of updated utility information, homeowner coordination and 3rd-Party coordination efforts taken on by the City. As a result of this coordination, the final street improvement plans, specifications and estimate need to be updated to reflect the current conditions. The City has also made a decision to remove the existing Eucalyptus trees along Bastanchury road prior to the start of the road widening project. The tree removal requires a bird survey to be completed prior to the start of the tree removal. The additional design services are described below for City review and approval. The fee associated with these design services is attached.
24.0 Design Changes Related to Protecting Existing Utilities
24.1 Supplemental Geotechnical Field Investigation for CIDH: Due to the presence of several existing oil and water pipelines located in close proximity to the new wall alignment, the City has decided to revise the wall foundation to a Cast In Drilled Hole (CIDH) design. This new foundation design will reduce the excavation required to install the wall footing and also facilitate protecting the existing pipelines in place. To accomplish the redesign of the wall foundation additional geotechnical field work is required including 3 new exploratory borings. Additional geotechnical work will include securing an encroachment permit, field work, laboratory testing, determination of required wall design parameters and corresponding modifications to the existing geotechnical report to include the new analysis.
24.2 Redesign retaining wall foundation to utilize CIDH piles: MBI will revise the design of the wall foundations and provide revised final plans, specifications, and estimate to reflect the new CIDH foundation details. The wall plan and profile sheets will be revised to reflect the new foundation design. Earthwork quantities will be updated to reflect the new structural excavation and backfill quantities. The design change is anticipated to reduce the overall cost of construction for the new EXHIBIT "A-3"
CONSULTANT'S SCOPE AMENDMENT PROPOSAL
2 wall. Considering the compressed schedule, MBI will address comments from the City for a single comment review period for the revised wall plans.
24.3 Remove Filterra units from southside of Bastanchury Road and incorporate bioswales: Because the stormwater Filterra units located on the southside of Bastanchury Road are located in close proximity to the existing 14” water main, the Filterra units are going to be removed from the plans and replaced with bioswales located between the new curb and the equestrian trail fence. The City of Yorba Linda has installed bioswales at other locations within the City and will provide approved project details to the MBI design team to incorporate into the design where applicable.
The two bioswales will be a minimum of 100 feet in length and terminate near the proposed catch basin located on the eastbound side of the roadway. This design change is expected to reduce the overall cost of construction by eliminating the 2 Filterra units.
25.0 Design Changes Related to Shea Homes
25.1 Redesign the Shea Homes driveway and remove drainage improvements to match Shea Homes current design: In response to the opening of the Shea Homes driveway to customers, the new driveway and drainage improvements shown on the Street and Drainage Improvement plans need to be revised to match the Shea Homes final improvement plans. MBI will revise the curb returns and drainage improvement plans to reflect the current conditions constructed by the Shea Homes development. The plans, specifications, and estimate will be updated to reflect the changes.
25.2 Revise fencing and add access gate to match the Shea Homes final design: THe City of Yorba Linda has coordinated with Shea Homes to identify necessary revisions to the fencing and access control along the north side of Bastanchury Road. Michael Baker will make changes to the plans including the following items; remove the fencing along the westbound Bastanchury Road frontage in front of the Shea Homes development, add fencing along the City of Yorba Linda access corridor located just north of Casa Loma, and add a new vehicle access gate to the access corridor. The plans, specifications, and estimate will be updated to reflect these changes.
25.3 Complete Eureka intersection mapping: Michael Baker will complete the right of way mapping at the SE quadrant of the Bastanchury Road and Eureka Avenue intersection. A title report was not available at the time the original mapping was completed for the project. The City will provide a current title report and MBI will review the supplied title report and complete edits to the mapping base.
25.4 Prepare exhibits for homeowner coordination: Michael Baker will prepare 2 homeowner exhibits using our current design files in support of the City’s negotiations with the private property owners affected by the project construction. One of the exhibits will be a grading exhibit depicting the additional grading work for the homeowner residing on San Rufino Circle.
25.5 Revise specifications and cost estimate to address 3rd party utility work: Michael Baker will update the project specifications to include the following changes as requested by the City; • MBI will prepare and include an exhibit in the specifications that identifies the Contractor-supplied office/trailer location on City-owned property adjacent to the Shea Homes development.
3 • Include specifications to describe the requirements for a Contractor-supplied construction office.
The City will provide an example specification from another project that details the requirements.
MBI will revise the specification to reflect the needs for the Bastanchury Road Street Improvement Project. The project specifications and cost estimate will be updated to reflect the addition of this bid item. The prepared specifications will indicate that the Contractor will be required to provide an ADA path of travel plan for the construction trailer/office. THe City of Yorba Linda building department will review and approved the Contractor-supplied plan. A site-specific ADA path of travel design and plan is not included in this scope item and will not be prepared by MBI unless requested as a separate scope item.
• Specifications will be added to the bid package to reflect the existing oil lines and removal requirements for oil lines that are found to be in conflict with the proposed construction. Existing oil lines will be protected or abandoned in-place wherever possible. • Specifications will be added to reflect the gas transmission line relocation that extends from Casa Loma to Eureka Ave. It is anticipated that SoCal Gas will design their own relocation plans and perform the relocation work. The specifications edits will include detailing the coordination effort required by the roadway Contractor during the project construction to accommodate the gas line relocation. No new bid items are anticipated.
26.0 Design Changes Related to Traffic Signal Design
26.1 Re-design curb ramps and add retaining walls to accommodate Iteris traffic signal design plans:
Michael Baker will revise the curb ramps at both intersections and add 2 new alignments for new modular block walls at the Eureka Ave. intersection to accommodate the new traffic signal pole locations. As a result of utility identification and location effort several pole locations have been modified and Iteris has provided a revised design base file that requires edits to the MBI intersection design. MBI will update the final plans, specifications and estimate to accommodate for these changes.
26.2 Additional 3rd party coordination weekly meetings (April – June): Michael Baker will attend up to 8 additional coordination meetings with the City to complete the project design. This task assumes additional 2 hours of meeting/coordination per week for the months of April, May and June.
27.0 Bird Survey
27.1 Bird Survey to support tree removal on Bastanchury Road: Michael Baker will Perform a bird survey for the 40 trees located along the southside of Bastanchury Road between Casa Loma and Eureka. Upon completing the tree survey, MBI will complete a simplified letter report and send it over to the City for review. The bird survey is scheduled for May 9, 2022.
Michael Baker has identified two credits back to the City for the current services. The first credit is associated with the redesign of the retaining wall foundation and the water quality features. The reason for the wall foundation redesign is to mitigate impacts to the existing utilities and to reduce the overall
4 construction cost. These utilities include a YLWD 14-inch water line and existing oil lines. The utilities were potholed by Michael Baker in 2019 and again this year by the City. The current foundation design is in conflict with these utilities. By revising the foundation design, we will avoid any conflict with utilities and reduce the amount of excavation required. The new design will require less excavation and the overall construction cost will be reduced. The water quality features are in conflict with the existing utilities and since the water line will need to be protected in place, the type of water quality features will need to be updated to avoid any impact. The cost to perform the foundation and water quality redesign will be shared by both parties.
The second credit is related to the coordination with the Yorba Linda Water District. The City previously approved amendment 5 including design services to incorporate the relocation of the existing 14-inch water line into the final construction package. The current direction from the City is to protect the existing line in place. As such, the final bid package does not need to be updated. The credit is related to a savings of 12 engineering hours that are no longer required to complete the plan set. The two credits total is $17,836.
Our fees to complete the above services is $70,294 as detailed in the attached Project Fee Estimate Exhibit A.
Should you have any questions and/or require additional information, please feel free to contact me directly at (949) 472-3436 or at [email protected].
Respectfully submitted,
MICHAEL BAKER INTERNATIONAL, INC.
Sarmad Farjo, PE
Department Manager
TOTAL
HOURS
TOTAL
FEE
Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee
24.0 Changes related to protecting the water line
24.1 Supplemental Geotechnical Field Investigation for CIDH 2 $578 $14,068 2 $14,646
24.2 Redesign Retaining Wall to CIDH piles 12 $3,468 40 $7,640 60 $8,280 112 $19,388
24.3 Remove Filterra units on southside of Bastanchury Road and incorporate bioswales 4 $1,156 80 $11,040 84 $12,196
25.0 Design Changes Related to Shea Homes
25.1 Re-design the Shea Homes driveway and remove
drainage improivements to match Shea Homes current 4 $1,156 60 $8,280 64 $9,436
25.2 Revise fencing and add access gate to match Shea Homes final design 2 $578 8 $1,104 10 $1,682
25.3 Complete Eureka Intersection Mapping 2 $578 2 $382 4 $960
25.4 Prepare exhibits for homeowner coordination 2 $578 12 $1,656 14 $2,234
25.5 Revise specifications and cost estimate to address 3rd party utility work 10 $2,890 12 $1,656 22 $4,546
26.0 Design Changes Related to Traffic Signal Design
26.1 Re-design curb ramps and add retaining walls to
accommodate changes to the Iteris signal design plans 8 $2,312 8 $1,528 80 $11,040 96 $14,880
26.2 3rd Party coordination- weekly meetings (April through June) 2 hours per week. 16 $4,624 16 $4,624
27.0 Bird Survey
27.1 Bird Survey to support tree removal on Bastanchury Road 2 $382 18 $2,880 2 $276 22 $3,538
Subtotal: 62 $17,918 52 $9,932 18 $2,880 314 $43,332 $14,068 446 $88,130 $88,130
Credit to the City (Cost Sharing ITEMS 24.2 and 24.3) $15,792 Credit to the City (Amendment No. 5 - Task 23) $2,044
TOTAL ADDITIONAL FUNDING REQUEST - Amendment No. 06 $70,294
EXHIBIT A - FEE ESTIMATE
SCHEDULE OF FEES
$289
Subconsultant (GMU)
AMENDMENT No. 06
$138
Design Technician
BASTANCHURY ROAD WIDENING PROJECT - BID SUPPORT SERVICES
ADDITIONAL BID / CONSTRUCTION SUPPORT
Senior Project
Manager
$191
Design Engineer /
Survey Analyst
$160
TOTAL REQUESTED SERVICES
Project Engineer
PUBLIC WORKS DEPARTMENT
DATE: June 7, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E. DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER PREPARED BY: JEVEE TAGARAO, ASSISTANT ENGINEER
SUBJECT: ENCROACHMENT ONTO CITY EASEMENT REQUEST – 4060 NAPLES COURT
RECOMMENDATION
It is recommended that the City Council:
1.) Determine that the installation of hardscape and landscape improvements does not adversely impact the City’s normal use of the easement for storm drain purposes; and
2.) Authorize the City Manager to grant the property owner an Encroachment Permit to complete the said hardscape and landscape improvements over the storm drain easement; and
3.) Require the homeowner to execute a Declaration of Restrictive Covenants Agreement pursuant to the City Council E-5 Policy.
BACKGROUND
At the time of the original Tract site development, the initial land Developer granted the City a storm drain easement on 4060 Naples Court, Yorba Linda (Subject Property) for storm drain, ingress, and egress purposes. The 20-foot easement is identified on Tract Map No. 16766 dated May 15, 2007. A 36-inch reinforced concrete pipe (RCP) runs along Naples Court, centered within the easement, through the Subject Property, and exits onto Florence Road.
The storm drain line is approximately 8-feet deep within the Subject Property. The storm drain easement, restrictions within the easement, and easement rights recorded in the CC&Rs should have been disclosed to the property owner at the time of purchase.
DISCUSSION
The current E-5 Policy, adopted in 2020, addresses the use of land on City-owned property and within City-held easements. The City owns easement rights over properties citywide for various defined uses. According to the E-5 Policy (See Attachment D), the City can issue an Encroachment Permit for the hardscape and landscape improvements that will be built within the easement.
E N C R O A C H M E N T O N T O C I T Y E A S E M E N T R E Q U E S T – 4 0 6 0 N A P L E S C O U R T E N C R O A C H M E N T O N T O C I T Y E A S E M E N T R E Q U E S T – 4 0 6 0
N A P L E S C O U R T
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Under the Encroachment Permit section of the E-5 policy, “no significant impact” is defined as less than one-foot of encroachment onto City-owned property/easement. The policy continues to state that over one foot of encroachment constitutes a vacation process.
However, this specific easement is for storm drain purposes and should not be vacated.
After reviewing the proposed improvements, supporting Engineering analysis, and conducting site visits, Public Works has verified that there is no significant impact to public enjoyment, the storm drain line, or the easement.
As part of the Encroachment Permit, the property owner shall enter into a Declaration of Restrictive Covenants (DORC) Agreement with the City. This Declaration requires the property owner to bear any costs for damage to the City-owned facility within the easement and includes an indemnity clause to protect the City from any future liability or lawsuits relating to the hardscape and landscape improvements. The Declaration of Restrictive Covenants Agreement will be recorded with the County and will bind all future owners of the property. The Encroachment Permit shall not take effect until all terms of the Agreement have been satisfied. Staff recommends approval of the encroachment permit, subject to acceptance of the Declaration of Restrictive Covenants Agreement.
FISCAL IMPACT
There is no fiscal impact. The property owner will be required to pay for the recording of the Declaration of Restrictive Covenants Agreement with the County and staff time associated with processing any permits, as allowed in the City’s User Fee schedule. The homeowner would be responsible for the removal/ replacement costs of said improvements in the event of any storm drain work.
ALTERNATIVES
Determine that the proposed improvements do significantly impact the City’s normal use of the storm drain, deny the encroachment request and request the applicant to redesign all improvements within the storm drain easement.
ATTACHMENTS
Attachment A – Vicinity Map
Attachment B – Site Plan
Attachment C – Declaration of Restrictive Covenants Agreement Attachment D – City Council E-5 Policy
VICINITY MAP
4060 Naples Court
Yorba Linda, CA
92886
PARCEL 2
SITE PLAN
PARCEL 1
POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 1 Date Adopted: June 2, 2020
Replaces: July 5, 2016
C I T Y C O U N C I L P O L I C I E S
I. PURPOSE
To establish City guidelines and procedures for issuing permits for encroachments within City easements; to establish guidelines by which permits for encroachments within City easements may or may not be considered; and to identify the difference between a request for an encroachment permit as compared to a request for a vacation of a City easement. Encroachments include development, construction on, or use of City easements and public right-of-way.
II. BACKGROUND
The City holds easement rights over properties citywide for various defined uses. Where easements have been granted to the City, the fee title to the property is owned by the underlying property owner. However, the rights of the property owner are subject to the rights that the City possesses pursuant to the City’s easement.
There are five typical types of easements held by the City:
1) Right-of-way easements are typically for street purposes that allow for utilities and transportation purposes, such as a roadways, trails, sidewalks, and pedestrian paths.
2) Access easements allow the City to ingress and egress through private property to service, maintain, or monitor a City facility within or beyond the property. 3) Underground structure/utility easements are typically located over a City-owned buried structure or utility (i.e., a storm drain or other City-owned infrastructure), and generally restrict the type of use on the land above the infrastructure to protect it from damage and to allow access should the infrastructure need to be excavated and repaired.
4) Drainage easements allow for the conveyance of storm-water runoff over the encumbered property and restrict the type of use and improvements on the land to ensure proper conveyance of the established drainage. 5) Maintenance easements restrict the use of the land within the easement area and allow the City control of the land surface. The City uses maintenance easements throughout the City to maintain landscape areas and trails for public benefit and enjoyment.
The City frequently receives requests from property owners to allow for specific uses or construction within the limits of City easements. For requests that primarily seek private use of a City easement, such requests more appropriately should be processed as a vacation of the City’s easement to reflect the private nature of the proposed use.
Therefore, this policy distinguishes between those requests that are appropriately
POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 2 Date Adopted: June 2, 2020
Replaces: July 5, 2016
C I T Y C O U N C I L P O L I C I E S
encroachment permits and those requests that should be processed as easement vacations. Access, underground structure/utility, and drainage or other similar related easements should not be vacated due to public safety reasons.
III. POLICY
The City, in accordance with California and federal law, has property rights as an easement holder. Property owners and easement holders shall retain all rights granted to each under the law. The intent of this policy is to clarify basic requirements to be implemented in regard to encroachments within City easements to ensure proper safety and protection of the public, public property, and public infrastructure. The City will apply the following restrictions and exceptions to the use of land within City easements.
As the owner of the City easements, the City will apply the following restrictions and exceptions to the use of land within City easements. Because there is an element of public safety to some easements, any existing unauthorized encroachments into access, drainage, or underground structure/utility easements (or similar public safety related easements) that interfere with the proper use of the easement shall be removed within 30 days of receiving written notice by the City unless specifically authorized in this Policy.
Existing unauthorized encroachments within access, drainage, or underground structure/utility easements (or similar public safety related easements) may remain only by City Council approval.
Right of Way Easements: Obstruction of right of way easements is prohibited. Private improvements are not permitted within right of way easements that inhibit the use of utilities, trails, sidewalks, pathways, and roadways. At the discretion of the City Engineer, the City may permit an exception to allow private landscaping and minor hardscapes within parkways. Private landscaping and improvements are not permitted in landscaped areas that are maintained by the City.
Access Easements: Obstruction of access easements is prohibited. Stored vehicles or materials shall not be placed within an access easement area. Trees or other objects are not permitted to interfere with the free and clear access within the easement limits. At the discretion of the City Engineer, the City may permit an exception to allow a gate across the access easement. However, any permitted gate must remain unlocked by the permittee at all times or locked with a City-owned padlock. No electronic operated gates will be allowed.
Drainage Easements: Obstruction of drainage easements is prohibited. Trees, walls, structures, and intrusive hardscape are prohibited within the easement area. The easement area may not be used for storage. At the discretion of the City Engineer, the City may permit an exception to allow a gate or fence perpendicularly across the drainage
POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 3 Date Adopted: June 2, 2020
Replaces: July 5, 2016
C I T Y C O U N C I L P O L I C I E S
easement. However, any permitted gate must remain unlocked by the permittee at all times or locked with a City-owned padlock and allow for the proper conveyance of stormwater runoff.
Underground Structure/Utility Easements: Trees, walls, structures, and intrusive hardscape are prohibited within the easement area. At the discretion of the City Engineer, the City may permit gates to be constructed perpendicularly across to the easement. Any accessory items or uses within the easement must be easily moveable, as determined by the City Engineer. The easement area may be used for storage, but items must be removed immediately upon City request to allow access to the underground infrastructure.
The City will not be responsible for reconstruction or repair of private improvements constructed within the easement area.
Maintenance Easements: Encroachments, including privately owned, fixed or permanent structures, into the easement area are prohibited unless specifically allowed as outlined in the sections below.
IV. PROCEDURES
Requests for authorization to encroach within the limits of City easements may be issued under the following guidelines:
A. Temporary Encroachment
The City Manager or his designee may issue an encroachment permit with conditions for the construction of temporary improvements that encroach onto City easements. The term of the encroachment permit issued under this policy may not exceed one (1) year. Such improvements shall be able to be removed quickly and easily within ten (10) calendar days of notice to remove such items from the City. Encroachment permits for temporary improvements may be renewed for up to five one-year periods at the discretion of the City Manager or his designee. The following conditions apply to Encroachment Permits for temporary improvements:
• Proposed temporary improvements shall not alter the nature or design of a City maintained easement area, which is visible to passersby and which will change the intent and/or design of the community as it was originally approved by the Planning Commission and/or the City Council.
• Proposed temporary improvements must meet the requirements of the current Yorba Linda Municipal Code and Building and Safety Codes and may require the issuance of a building permit. Proposed temporary improvements shall not violate any land use regulations or be detrimental to the City’s property interest.
POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 4 Date Adopted: June 2, 2020
Replaces: July 5, 2016
C I T Y C O U N C I L P O L I C I E S
• The design, placement, and construction of any temporary improvement is subject to the approval of the City Manager or his designee. The City may revoke a permit if, in the judgment of the City Manager or his designee, such revocation is in the public interest. Any decision to revoke an encroachment permit may be appealed to the City Council following the appeal process as outlined in the Yorba Linda Municipal Code Article IX of the Zoning Ordinance.
Written notice of the appeal for an encroachment permit is required within 10 calendar days of notice of revocation.
B. Permanent Encroachment
Fixed, permanent structures or permanent improvements encroaching upon City easements are not allowed, except in those instances where there is “no significant impact” on the City easement involved, and/or where it is not practical to formally vacate such easement. The term “no significant impact” means an encroachment of one foot or less onto a City easement, and which does not deprive the public from the normal use and enjoyment of the remaining easement or adversely impact the purpose of the easement. For example, if a property owner accidentally builds a wall/fence that encroaches a few inches onto the City easement, it may be considered to be within a tolerable level where no Planning Commission or City Council action is required.
Requests for permanent improvements that exceeds these standards (i.e. one foot) shall be deemed a request for a vacation of the easement and shall be subject to the vacation hearing process. However, due to their public safety connection, access, underground structure/Utility, and drainage easements or similar safety related easements should not be vacated. Requests for encroachments onto access, underground structure/Utility, and drainage easements or other similar safety related easements for privately owned, fixed or permanent structure require a City Council determination/finding that the proposed permanent improvements will not adversely impact the City’s easement or general public safety and the property owner may be required to execute a Declaration of Restrictive Covenants (DORC).
C. Encroachments Requiring Vacation of City Easement
Existing Fence Encroachments on City Maintenance Easements Existing fences encroaching into City landscape easements that were authorized pursuant to a City encroachment permit and were constructed prior to July 15, 2003, will be allowed to remain subject to the following:
POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 5 Date Adopted: June 2, 2020
Replaces: July 5, 2016
C I T Y C O U N C I L P O L I C I E S
• The easement area encompassed by the fence will be vacated by the City, at the City’s expense, including landscape and irrigation modifications. If the underlying property owner does not want the encompassed area to be vacated, the fence shall be relocated outside the City’s easement area by the property owner within thirty (30) calendar days of receiving such notice. • Any unpermitted accessory structures or improvements in the prior easement area shall require a Design Review through the Planning Commission.
Existing unauthorized encroachments without permits will be allowed to remain subject to the following:
• The easement area encompassed by the fence will be vacated by the City, with all costs of the vacation process, including landscape and irrigation modification, being borne by the property owner. If the underlying property owner does not want to vacate the encompassed easement area, the unauthorized encroachment shall be removed within thirty (30) calendar days of receiving a notice from the City.
• Any unpermitted accessory structures or improvements in the prior easement area shall require a Design Review approval through the Planning Commission.
• Compliance with the “General Fence Relocation Guidelines”.
Each case will be evaluated individually, and the City Manager or his designee shall take into account unique circumstances when applying this Policy. At the discretion of the City Manager or his designee, the property owner may be required to execute a Declaration of Restrictive Covenants for the prior easement area.
Proposed New Fence Encroachments on City Maintenance Easements Proposed fence encroachments into City maintenance easements may be allowed subject to the following:
• Upon approval by the Planning Commission as part of a Design Review process including any proposed accessory structures or improvements in the easement area. Each case will be evaluated individually, and the Planning Commission shall take into account unique circumstances when applying this Policy. At the discretion of the Planning Commission, the property owner may be required to execute a Declaration of Restrictive Covenants (DORC) for the prior easement area.
POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 6 Date Adopted: June 2, 2020
Replaces: July 5, 2016
C I T Y C O U N C I L P O L I C I E S
• Adjacent and/or affected neighboring properties shall be notified of the request prior to the Planning Commission review. The easement area encompassed by the fence will be vacated by the City, with all costs of the vacation process, including landscape and irrigation modifications shall be borne by the property owner.
• The proposed fence shall be installed at a distance from the top of slope equal to any adjacent existing fence or as approved by the Planning Commission.
However, unless there is a consistent fence line either adjacent to the property or along a majority of the slope, the City would not grant encroachments greater than 18 feet from the top of slope.
• The establishment and maintenance of the fence and landscaping within the fenced area shall be consistent with the “General Fence Relocation Guidelines” as determined by the Planning Commission.
D. Other Implementation Procedures
The City Manager or his designee may develop any other rules, regulations, or procedures that may be necessary for the effective implementation of this policy.
Such regulations and procedures may incorporate (but are not limited to) provisions relating to insurance, indemnification, maintenance, notice, permit form, appeal process, etc.
E. Appeal Process
Any decision related to the land use within a City easement may be appealed in writing to the City. Public Works staff shall review the proposed appeal and forward the request for encroachment authorization to the City Manager. The final determination for encroachment authorization may ultimately be made by the City Council.
POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 3
Page: 7 Date Adopted: June 2, 2020
Replaces: July 5, 2016
C I T Y C O U N C I L P O L I C I E S
GENERAL FENCE RELOCATION GUIDELINES
1. Each homeowner will be responsible for their own fencing costs and any other costs associated with fence relocation, including any damage to plants or sprinklers resulting from the fence relocation, and all costs incurred in the easement vacation process.
2. The homeowner may need to obtain a permit for the fence from the City of Yorba Linda Building Department.
3. All fence irrigation and landscape plans are subject to Planning Commission review and approval.
4. The fence shall be painted Hunter Green and remain maintained in good condition with minimal fading, rust, or corrosion visible from the street below at any time.
5. The irrigation system within the easement vacation area shall be installed and maintained by the property owner with a water source connected to the property owner’s water meter.
6. Trees, shrubs, and ground cover planting shall match the adjacent city-maintained trees, shrubs, and ground cover plant pallet.
7. Subject area shall remain at the existing grades prior to the easement vacation and shall not be modified in any way.
8. No new tree(s), shrub(s) or ground cover shall be planted within the subject area unless replacing existing naturally damaged or diseased tree(s) or shrub(s) or ground cover in kind and number.
9. Area shall not be used as an animal kennel or holding area.
10. Maintenance of fences, irrigation systems, trees, shrubs, and ground cover shall match, at a minimum, the standard of care provided by the City for the landscaped area adjacent to the easement vacation area.
11. Fence location shall be parallel to the top of slope at the limit of the easement vacation.
ADMINISTRATION DEPARTMENT
DATE: JUNE 7, 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 claim for damages by Mercury Insurance as subrogee of Jeffrey Brem, and Joe and Linda Hernandez.
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.
Mercury Insurance as Subrogee of Jeffrey Brem
The claim entails Mercury Insurance filing a claim for reimbursement of repairs made to their insured’s (Jeffrey Brem) vehicle. Mr. Brem alleged that his “vehicle bottomed out in (a) depression area on the road” at the intersection of Van Buren Street and Yorba Linda Boulevard. Staff performed an on-site survey of the location and reviewed documents pertinent to the intersection’s design and speed survey. This specific intersection has a fourway traffic light which governs the straightaways and turns and staff confirmed it was operating correctly at the time of the incident. The design of the intersection has above ground drainage which runs parallel with Yorba Linda Boulevard and crosses over Van
DENIAL OF CLAIMS FOR DAMAGES
P a g e | 2
Buren Street on both sides of the intersection. This is a standard design for the west side of Yorba Linda.
While no specific direction of travel was listed on the claim for damages form, a driver must reduce their speed to make a safe turn onto Van Buren Street or Yorba Linda Boulevard, and thereby safely traverse the above ground drainage. Based on the damage to the insured’s vehicle, it is evident that the insured was not traveling at a safe speed and/or attempting to make it through a yellow “caution” traffic light. No other historical claims have been filed for this intersection.
It was also noted that Mr. Brem resides within .07 miles of the intersection so it is naturally assumed that he would navigate this intersection on a regular basis; thereby being familiar with the above ground drainage system at this intersection.
Therefore, the third-party claims administrator and City staff recommend denying the claim.
Linda and Joe Hernandez
The claim involves a vehicle-pedestrian incident in which the claimant, Linda Hernandez, was struck by a vehicle while in a City crosswalk at the intersection of Village Center Drive and Yorba Linda Boulevard. The claimant alleges that the City was negligent in failing to maintain operational traffic lights at the intersection. Joe Hernandez has a correlating claim “due to the loss of consortium” for Ms. Hernandez’ injuries.
Per the Orange County Sheriff’s Collision (OCSD) Report, on November 5, 2021, at approximately 5:50 am, Ms. Hernandez was walking northbound in the crosswalk along Village Center Drive to cross Yorba Linda Boulevard. The OCSD report notes the conditions as dark and dense fog, limited visibility and dry road conditions. The streetlights were operational, and the traffic lights were flashing red which is the default when the traffic lights are not in full operational mode. When there are flashing red traffic signals, the California Manual of Traffic Control Devices (CA-MUTCD) also requires the pedestrian signals on the traffic lights to be off.
Therefore, it is incumbent upon the pedestrian to heed the flashing red lights when crossing the street. It is unknown if Ms. Hernandez was wearing light or dark clothing or carrying a flashlight or other reflective device during dark and foggy conditions.
The vehicle’s driver was heading southbound on Village Center Drive and making a left turn to go eastbound on Yorba Linda Boulevard. The driver’s statement taken by OCSD notes “was driving about 15 MPH due to the limited visibility from the fog and fogged up windows…” The driver acknowledged that he “was planning on pulling over to let the windows defog after he completed the turn.” He did not see the pedestrian prior to the collision.
City staff checked with the City’s traffic signal lights contractors’ and were notified that there were no reports or incidents reflected in the system on November 5, 2021. Preventative maintenance records were also reviewed and in order. The reason for the flashing red traffic lights is unknown at this time, but believed to be either a communication failure, voltage disruption or the conflict monitor detected an issue and went into flashing red default mode
DENIAL OF CLAIMS FOR DAMAGES
P a g e | 3
before returning to normal operations. Nevertheless, the flashing red traffic signals were operational and both pedestrians and vehicles must adhere to traffic laws governing such instances.
In this case, the third-party administrator and staff concur with the OCSD Collision Report that the driver of the vehicle was solely at fault “for failing to yield to a pedestrian in a crosswalk,” especially under dark, dense fog and limited visibility conditions, including the driver’s negligence of having a fogged up windshield.
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.
ADMINISTRATION DEPARTMENT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL/
SUCCESSOR AGENCY BOARD MEMBERS
FROM: PAMELA STOKER, ECONOMIC DEVELOPMENT MANAGER
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH JONES LANG LASALLE, INC. TO PROVIDE RETAIL RECRUITMENT AND ATTRACTION
SERVICES TO RETAIL CENTERS THROUGHOUT THE CITY
RECOMMENDATION
It is recommended that the City Council approve the attached Professional Services Agreement with Jones Lang LaSalle, Inc. (aka, JLL) to assist the City in providing retail recruitment and attraction services to retail centers throughout the city.
BACKGROUND
In November 2017, staff issued a Request for Proposals (RFP) in search of a professional retail recruitment service to support the City and its commercial property owners in filling retail vacancies within the community. As a result of the screening process, the firm of Jones Lang LaSalle Brokerage, Inc (JLL) was selected in March 2018 and the City Council approved an annual contract with the firm, which is now set to expire later this month.
Although the JLL team served the City well and sufficiently addressed the terms, conditions and duties outlined in their contract, the City Council believed it was prudent to issue a subsequent RFP upon expiration of their 4-year contract.
DISCUSSION
In April 2022, staff released its second RFP for retail broker services and received four proposals from qualified real estate/brokerage firms. Each of the responses was examined by a team of City staff and all four were determined to be responsive and eligible candidates.
The applicants were then interviewed by the two City Council representatives and three City staff members to determine the firm most qualified to provide retail retention and attraction across the city.
Proposals were received from the following firms: HdL EconSolutions, Carol Springstead & Associates, Jones Lang LaSalle, and Sperry Van Ness.
PROFESSIONAL SERVICES AGREEMENT WITH JLL, INC
P a g e | 2
As a result of the screening process, the firm of Jones Lang LaSalle, Inc (JLL) was again identified as the top candidate. The scope and cost of services among the proposals were fairly similar and each of the firms were well qualified to perform under the terms of a contract. However, JLL stood out among the interviewers as having a proven track record in Yorba Linda, including the ability to foster ongoing relationships with retail center owners and they offered the lowest annual cost for services while demonstrating the ability to attract quality and unique retailers into our local trade area.
The JLL team is comprised of knowledgeable real estate experts who have extensive experience in retail development, marketing, and strategic positioning. Staff intends to work closely with the professional firm to provide pertinent information and assist in identifying retail leakage, site opportunities, and community/neighborhood strengths. JLL has a strong presence at ICSC and will continue to serve as a partner and resource in driving retail interest to Yorba Linda.
Pursuant to the RFP, the Professional Services Agreement will be valid for two years, with renewable options up to three additional one-year terms. The contract will commence on July 1, 2022 and run through June 30, 2024. Should options be exercised and extensions granted, the maximum duration of the contract will be five years.
FISCAL IMPACT
The JLL contract for services is $5,000 per month, not to exceed $60,000 annually. The twoyear contract, plus 3 one-year options, results in a maximum 5-year contract and includes a total contract amount not to exceed $300,000.
The City’s Economic Development budget for FY 22/23 has included an allocation for retail brokerage services sufficient to cover the costs for the first year of the two-year contract.
Future budget appropriations will be addressed during the course of the contract.
ALTERNATIVES
The Council may choose not to approve the Professional Services Agreement and either 1) re-interview firms responding to the Request for Proposals or 2) provide further direction to staff regarding the terms and conditions of the contract.
ATTACHMENTS
Professional Services Agreement between the City and Jones Lang LaSalle, Inc.
PSA:JLL February 2018
1 CITY OF YORBA LINDA
PROFESSIONAL SERVICES AGREEMENT
WITH JONES LANG LASALLE BROKERAGE, INC.
1. PARTIES AND DATE.
This Agreement is made and entered into this ___ day of June 2022, by and between the City of Yorba Linda, a municipal organization organized under the laws of the State of California with its principal place of business at 4845 Casa Loma Avenue, Yorba Linda, California 92886 (“City”) and Jones Lang LaSalle Brokerage, Inc., a California corporation with its principal place of business at 3281 East Guasti Road, Suite 850, Ontario, CA 91761 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of professional consultant and advisory services requested by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional consultant and advisory services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for Retail Recruitment (“Project”) as set forth in this Agreement and further described in the Scope of Services..
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consultant and advisory services necessary for the Project (“Services”). The Services as part of the Project are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2024, with an option for three (3) one-year extensions following the expiration of the Agreement, unless earlier terminated as provided herein. Consultant shall
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2 continue to provide professional advisory services to the City during term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “A” attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Karen Warner.
3.2.5 City’s Representative. The City hereby designates its City Manager, Mark Pulone, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not
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3 accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Erik Westedt and Blake Kaplan to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.
Consultant warrants that all employees and sub-consultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and sub-consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services provided by Consultant. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability
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4 arising out of any failure or alleged failure to comply with such laws, rules or regulations by Consultant.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not
commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any sub-consultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the sub-consultant has secured all insurance required under this section.
3.2.10.2 Types of Insurance Required. As a condition
precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as
Insurance Services Office "occurrence" form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits.
The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. (b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance
Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $500,000 each accident.
(c) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and
Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. As KWA has no employees, Workers’ Compensation Insurance
is not applicable.
3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
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5 (A) The policy or policies of insurance required by Section
3.2.10.2 (a) Commercial General Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers under the direct
supervision of the City shall be additional insureds with regard to liability and defense of suits or claims arising out of the negligent performance of the Agreement.
Additional Insured Endorsements shall not (1) exclude
"contractual liability"; (2) restrict coverage to "sole" liability of Consultant; or (3) contain any other exclusions contrary to the Agreement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(B) The policy or policies of insurance required by Section
3.2.10.2 (b) Automobile Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) The policy or policies of insurance required by Section
3.2.10.2 (e) Workers' Compensation shall be endorsed to provide the following:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.10.4 Primary and Non-Contributing Insurance. All
insurance coverages shall be primary and any other insurance, deductible, or selfinsurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
PSA:JLL February 2018
6 3.2.10.5 Waiver of Subrogation. Required insurance
coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties.
Policies shall contain or be endorsed to contain such provisions.
3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.
In the event that the Consultant's operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.
3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.10.10 Insurance for Sub-consultants. All sub-consultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing sub-consultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the sub-consultant's policies.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the
PSA:JLL February 2018
7 Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and sub-consultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement on a time and materials basis at the rate set forth in Exhibit ”B” attached hereto and incorporated herein by reference. The total compensation during the term of the one year Agreement shall not exceed Sixty Thousand Dollars ($60,000.00) without written approval of City Manager. Extra work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City an invoice no more frequently than monthly detailing the services rendered, person performing the service, time spent and rate charged, and City shall, within 45 days, review the invoice and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
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8 3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: JJL
3281 East Guasti Road
Suite 850
Ontario, CA 91761
Attn: Erik Westedt and Blake Kaplan
City: City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Attn: Mark Pulone, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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9 3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Excluded from Documents & Data are Consultant’s computer models which remain the exclusive property of Consultant. Contractual obligations do not include access to or ownership transfer of any electronic data processing files, programs or models completed directly for or as by-products of any research effort, unless explicitly so agreed as part of this Agreement. Consultant shall require all sub-consultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the sub-consultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity of the City pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with
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10 this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents and volunteers under the direct supervision of the City free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts, omissions, negligence or willful misconduct of Consultant, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the performance of the Services which are the subject of this Agreement, but excluding professional negligence. Such defense and indemnity shall include without limitation the payment of all attorney’s fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such aforesaid suit, action or other legal proceeding, in which consultant if found liable.
Notwithstanding paragraph 1 of this indemnification agreement, and as a separate and independent covenant and obligation, Consultant shall indemnify and hold harmless, but not defend City, its officials, officers, employees, volunteers, and agents from and against any damage, liability, loss, cost or expense, (excluding personal injury or property damage which is included in paragraph 1) which arise out of Consultant’s negligent performance of Consultant’s Services under this Agreement provided that such liability, loss, cost or expense is caused by the negligent act or omission of Consultant, or any of its officers, employees, servants, agents, or subcontractors in performance of this Agreement. Consultant’s obligation for such indemnity and hold harmless under this paragraph 2 shall not include any obligation to defend City, its officials, officers, agents or employees against any action or claim brought by any person. Consultant’s obligation to indemnify City shall include expert witness fees and reasonable attorney fees if Consultant is found to have been negligent in performance of services under this Agreement.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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11 3.5.10 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and sub-consultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall
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12 have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any sub-consultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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13 CITY OF YORBA LINDA JLL, Inc
By: By:
Mark Pulone
City Manager Name: __________
Title: ________________
Attest:
[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary, AND CORPORATE
SEAL OF CONTRACTOR REQUIRED]
By:
Marcia Brown By:
City Clerk
Name: ___________
Title: ______
Approved as to Form:
By:
City Attorney
Rutan & Tucker, LLP
A-1
EXHIBIT “A”
SCOPE OF SERVICES
The primary scope of services for retail recruitment will include, but not limited to:
• A comprehensive market analysis of service area
• Identification of priority retail sites and highest and best use opportunities • Strong promotion and attraction of retailers and restaurants to Yorba Linda • Demonstration and reporting of outreach efforts, including contacts with shopping center owners, leasing brokers, and potential tenants
• Education of key stakeholders on retail trends, expansion and deal making • Representation of the City and/or retail interest at local, regional and national trade events such as ICSC.
• Regular communication with City staff and occasionally with City Council, including feedback, both positive and negative, from retailers as to why they are or are not considering this trade area
• Quarterly reports and/or presentations to City Council members
A-2
EXHIBIT “B”
COMPENSATION & TIME SCHEDULE
.
The Scope of Services is based upon an anticipated Jones Lang LaSalle Brokerage, Inc. “JLL” effort on average of 40 hours per month at a monthly rate of $5,000 per month, not to exceed $60,000 annually.
Project deliverables shall include identified statistical reports, retail analysis and related studies specific to Yorba Linda. JLL shall provide the City with monthly written progress reports documenting the time, contacts and work completed pursuant to the Scope of Services.
CITY OF YORBA LINDA
PLANNING COMMISSION
AGENDA ITEM SUMMARY
Meeting Date: May 25, 2022
Community Development Department
Planning Division
Director
David Brantley, AICP
APPROVAL OF APRIL 27, 2022, PLANNIING COMMISSION MEETING MINUTES A motion by Commissioner Bernstein, Second by Chair Pro Tem Pease approving the April 27, 2022, Planning Commission meeting minutes. The motion carried (3-0-1-1) with the following roll call vote:
AYES: Pease, Bernstein, Darnell
NOES: None
ABSENT: Singh
ABSTAIN: Masterson
CONTINUED PUBLIC HEARING RE: CONDITIONAL USE PERMIT 2022-10 HEALY A motion by Chair Pro Tem Pease, Second by Commissioner Bernstein adopting Resolution No. 5504 approving Conditional Use Permit 2022-10 Healy with conditions. The motion carried (4-0-1-0) with the following roll call vote:
AYES: Darnell, Pease, Bernstein, Masterson
NOES: None
ABSENT: Singh
ABSTAIN: None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT 2021-48 AT&T MOBILITY A motion by Commissioner Bernstein, Second by Commissioner Masterson adopting Resolution No. 5505 approving Conditional Use Permit 2021-48 AT&T Mobility with an added condition. The motion carried (4-0-1-0) with the following roll call vote:
AYES: Darnell, Pease, Bernstein, Masterson
NOES: None
ABSENT: Singh
ABSTAIN: None
PUBLIC HEARING RE: CONDITIONAL USE PERMIT 2022-14 TRAN
A motion by Commissioner Bernstein, Second by Commissioner Masterson adopting Resolution No. 5506 approving Conditional Use Permit 2022-14 Tran with conditions. The motion carried (4-0-1-0) with the following roll call vote:
AYES: Pease, Bernstein, Darnell, Masterson
NOES: None
ABSENT: Singh Page 375 of 651
2 ABSTAIN: None
GOVERNMENT CODE SECTION NO. 65402 FINDING RE: VACATION OF DESIGNATED LANDSCAPE EASEMENTS WITHIN TRACT 16144 FOR LOCAL LANDSCAPING ZONE L5A IN ACCORDANCE WITH THE CITY COUNCI; POLICY E-5A
A motion by Commissioner Singh, Second by Commissioner Bernstein adopting Resolution No. 5507 finding that the proposed vacation of the subject landscape easement areas conforms to the Yorba Linda General Plan, as required by State Government Code Section No. 65402. The motion carried (4-0-1-0) with the following roll call vote:
AYES: Darnell, Pease, Bernstein, Masterson
NOES: None
ABSENT: Singh
ABSTAIN: None
Adjournment: The meeting adjourned at 7:40 p.m. to the June 29, 2022, Planning Commission meeting at 6:30 p.m.
CITY CLERK'S OFFICE
DATE: JUNE 7, 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
June 2022 The next and last regular meeting of the Commission for the current fiscal cycle is June 8, 2022, with the usual start time of 8:15 a.m. in the Planning Commission Hearing Room.
Here are upcoming items for the June 8 Regular Meeting:
Detachment from the City of Tustin
Over the past year, the Commission has seen an increase in applications submitted by landowners and cities to correct illogical boundaries bordering many cities and the County of Orange. Often, these boundaries create issues involving land use planning and confusion or duplication in the delivery of municipal services.
The June 8 agenda will include a proposal to adjust the boundary between the City of Tustin and the County of Orange for an area less than one acre that includes a vacant lot, proposed for the development of a single-family home. Under the current boundary, the landowner must seek land use approvals and improvements from two jurisdictions and has applied for the boundary adjustment, with the support of the City and County, to place the entire lot under the single jurisdiction of the County.
Annexation of the Hamer Island
The annexation of the Hamer unincorporated island to the City of Placentia represents the final official step in a process that began in 2020. In part to this process, the Commission has played a key role in the City providing fire and emergency medical services to the residents of the island prior to annexation and working collaboratively with the County and City teams to provide information to the residents and proactively assist with the annexation process. As we approach the finish line for the successful transition of another unincorporated area to an adjacent city, annexation of the Hamer Island will continue OC LAFCO’s effort to improve efficiency in municipal service delivery within these pockets. At the June meeting, the Commission will consider the City’s proposal to annex the island and the respective terms and conditions.
What’s Happening in Sacramento?
While the legislative session did not disappoint on the introduction of a few thousand bills, the number of bills of LAFCO-interest were key but relatively moderate. At the June meeting, the Commission will receive details on the status of bills reviewed by the Commission for the current session and highlights on those maintaining life through the committees with potential to head to Governor Newsom’s desk.
City Member Appointment
On May 19, current Alternate City Member Peggy Huang was appointed unanimously by the City Selection Committee to the Regular City seat for a term to commence July 1. OC LAFCO congratulates Commissioner Huang on receiving support of the Committee and her continued role with the Commission. As the Alternate City seat is now vacant, staff was notified by the Clerk of the Board that filing of the vacancy has been scheduled for the Committee’s next meeting in November.
June 2022 (Continued)
Other Announcements and Activities
Orange County Council of Governments (OCCOG)
Congratulations to Vice Chair Don Wagner and Commissioner Wendy Bucknum on their recent leadership appointments by the OCCOG Board of Directors. Commissioner Bucknum was elected by the Board to serve as OCCOG’s Chair and Commissioner Wagner will serve as the Vice Chair, beginning May 1. Commissioners Bucknum and Wagner also serve on multiple other committees, such as Southern California Association of Governments (SCAG), to further the regional and planning efforts of Orange County.
Upcoming CALAFCO Webinar
On June 23, CALAFCO will conduct a webinar, “Brave New World of HR: Hiring Headaches, Trends, and Opportunities in a Post-Pandemic World.” The session will focus on best practices for hiring in today’s climate and the imperfections of the virtual process. Executive Officer Carolyn Emery will provide a case presentation on what went well and not so well on the Commission’s most recent staff recruitment. Session registration to be provided by CALAFCO in the coming weeks.
No July Regular Meeting
As the OC LAFCO Strategic Planning Workshop will take place on July 13, 2022, there will be no regular meeting of the Commission during the month of July. Additional details to be provided prior to the workshop.
MONTHLY REPORT:
April
Monthly Year to Date (YTD) County Monthly County YTD
OPERATIONS
Service Requests Completed: 3 17 198 635
Mosquitoes: 3 13 136 439
Rats: 0 0 21 97
Rifa: 0 4 39 94
Number of Swimming Pools Treated/Inspected: 36 187 681 3,566 Hours Spent Treating/Inspecting Gutters 9.41 9.41 692.7 819.5 Undergrounds Treated: 18 18 1,950 3,020
Acres of Flood Channels Treated: 0.1 0.15 52.39 74.1324 Acres of RIFA Treated/Inspected: 212.75 425 6,428 16,285 Number of Inspection Treatments: 32 164 1,258 5,598
LABORATORY
Adult Mosquitoes Collected: 0 0 13,272 24,839
Collected From Trustee Home: 0 0 0 0
Invasive Aedes 0 0 14 30
Mosquito Pools (Samples) Tested: 0 0 299 561
WNV Positive Samples: 0 0 1 1
WNV Positive Birds: 0 0 0 0
Number of Human Infections/Deaths: 0 0 0 0
Fleas, Ticks, and Others Tested: - - - 427
COMMUNICATIONS
Outreach Events Attended: 0 0 9 10
General Presentations: 1 1 4 10
Educational Program Presentations: 0 0 21 76
Calls Received - - 206 662
None at this time
TOTAL 5
AVERAGE 1.25
Yorba Linda
PROJECTS IN COLLABORATION WITH OCMVCD
COUNTY RESPONSE LEVEL / AVERAGE RATING:
Normal Season (1.0 to 2.5)
Elevated Risk (2.6 to 4.0)
High Risk (4.1 to 5.0)
ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT
Report of District Activities, May 19, 2022 Attachment No. 1 Vector of the Month-Mosquitoes of Orange County
Orange County supports a unique assemblage of mosquitoes represented among common and rare species. Several are known for their involvement with the transmission of St. Louis encephalitis, malaria, and West Nile virus to humans. The following text presents a brief synopsis of the commonly occurring mosquito species currently known from the county.
Aedes aegypti & Aedes albopictus:
These invasive mosquito species are
primarily associated with urban areas and
can be found breeding in natural and small
artificial water sources, such as flowerpots.
They are active during the day and readily
take blood meals indoors and outdoors.
These species can transmit yellow fever,
dengue, chikungunya, and zika to people,
and dog heartworm to dogs. Aedes aegypti,
also known as the “ankle biter,” is now the
species responsible for most of the District’s
mosquito complaints.
Culex quinquefasciatus: The southern
house mosquito is the species formerly
responsible for a majority of the District’s
mosquito abatement services and related
control activities. Females are active nearly
year around in the more sheltered areas of
the county and will frequently enter houses
to seek blood. Larvae are commonly
associated with all types of “urban waters”
held in sources ranging from swimming
pools to flower pots. This species serves as
our primary vector of both West Nile (WNV)
and St. Louis encephalitis (SLE) viruses.
Culex tarsalis: The western
encephalitis mosquito is considered by most
mosquito biologists to be the principal
encephalitis vector throughout much of its
range in North America. It is our primary
vector of western equine encephalitis
(WEE) virus and primary/secondary vector
of WNV and St. Louis encephalitis (SLE)
virus. Adults are active during the spring,
summer, and fall. Though more common in
less developed areas, breeding occurs
throughout the county in association with
most types of clean, standing water sources
in channels and marshes.
Culex erythrothorax: The tule
mosquito is a distinctive reddish-colored
species associated with coastal and inland
permanent wetlands, particularly the San
Joaquin Marsh. Although females do not
disperse far from breeding sources to bite,
their often painful bite is usually followed by
a severe local reaction. The tule mosquito
overwinters as mature larvae, unlike most
Culex species that overwinter as adult
females. Emergence occurs as early as late
February with continuous breeding
extending well into the fall during favorable
years. This species has been found
naturally infected with WNV, WEE, and
SLE, but is considered a less competent
vector of these mosquito-borne diseases.
Culex stigmatosoma: This close
relative of Culex tarsalis is sometimes
referred to as the foul water mosquito as a
consequence of its breeding habits in
association with either stagnant or polluted
waters. Females are on the wing throughout
the county from spring to early fall, seldom
bite humans, and only rarely enter homes.
This species has been demonstrated to be
an efficient vector of WNV and St. Louis
encephalitis (SLE) virus, and thus,
represents an important link in the
maintenance of these viruses in birds.
Aedes squamiger: The California salt
marsh mosquito is a late winter and early
spring species that breeds in coastal
wetlands flooded by seasonal rainfall.
Larvae usually occur in rainwater filled
depressions in association with pickleweed
and salt grass. It is an extremely aggressive
day and dusk biter with the capacity to
disperse long distances to obtain a blood
meal. Bolsa Chica populations have been
Report of District Activities, May 19, 2022 Attachment No. 1 found naturally infected with a California
group (CE) encephalitis (Morro Bay) virus.
The potential impact of this virus on
residents inhabiting coastal areas is
unknown.
Aedes taeniorhynchus: This summer
species is sometimes called the dark salt
marsh mosquito because of its highly
contrasting black and white coloration.
Larvae develop in upland pickleweed flats
that are flooded by high tides. It is an
aggressive biter during the day and at dusk
and can be troublesome to coastal residents
living near breeding sources.
Culiseta incidens: The cool weather
mosquito is most often encountered from
February through June. It is found
throughout the county in association with a
variety of larval habits that include rainwater
pools, artificial containers, and ornamental
ponds. Although this mosquito in not
considered a major pest, females will
occasionally enter homes or bite residents
outdoors near breeding sources.
Anopheles hermsi: This spring,
summer, and fall mosquito is found
sporadically throughout the county in
association with breeding sources
containing floating mats of filamentous
algae. As a competent vector of
human malaria, this species has been
involved with the autochthonous
(indigenous) transmission of this disease in
San Diego County. Malaria transmission is
possible in Orange County if residents are
bitten by females that have been infected as
a consequence of feeding on either a
resident or transient experiencing a typical
relapse.
Culiseta inornata: The impressive
large winter mosquito is encountered during
the cooler months of the year. Larvae
develop in all types of natural sources.
Abundant larval populations occur in
association with Ae. squamiger in salt
marsh habitats. At times,
this species can be locally troublesome to
coastal residents. Elsewhere, this species
has been involved with the transmission of a
number of mosquito-borne encephalitides:
WEE, SLE, and Jamestown Canyon
viruses.
Culiseta particeps: Similar to Culiseta
inornata, this distinctive species with scale
patches on the wings usually breeds during
the cooler months of the year. Larvae occur
in shaded alga-laden pools along foothill
streams both inland and near the coast.
Aedes washinoi: Aedes washinoi
occurs along the coast and sporadically
inland where it can be locally annoying to
residents following wet winters. Larvae
develop in fresh water located in the upland
portions of salt marshes and in floodwater
sections of coastal and inland streams.
Anopheles franciscanus: On the wing
during the spring, summer, and fall, this
species is found at a limited number of sites
within the county. It breeds in sources
supporting abundant algal-growths and
floating mats of vegetation. This species
seldom bites humans and does not
experimentally transmit human malaria in
the laboratory.
Laboratory Report, May 19, 2022 Attachment No. 2
Control mosquitoes outside your home
Content source: Centers for Disease Control and Prevention, National Center for Emerging and Zoonotic Infectious Diseases (NCEZID), Division of Vector-Borne Diseases (DVBD) Page last reviewed:
August 13, 2019
Remove standing water where mosquitoes could lay eggs
• Once a week, empty and scrub, turn over, cover, or throw out any items that hold water like tires, buckets, planters, toys, pools, birdbaths, flowerpot saucers, or trash containers.
Mosquitoes lay eggs near water.
• Tightly cover water storage containers (buckets, cisterns, rain barrels) so that mosquitoes cannot get inside to lay eggs.
• For containers without lids, use wire mesh with holes smaller than an adult mosquito. • Use larvicides to treat large containers of water that will not be used for drinking and cannot be covered or dumped out.
• If you have a septic tank, repair cracks or gaps. Cover open vent or plumbing pipes. Use wire mesh with holes smaller than an adult mosquito.
Kill mosquitoes outside your home
• Use an outdoor insect spray made to kill mosquitoes in areas where they rest. • Mosquitoes rest in dark, humid areas like under patio furniture, or under the carport or garage.
When using insecticides, always follow label instructions.
Control mosquitoes inside your home
Keep mosquitoes out
• Install or repair and use window and door screens. Do not leave doors propped open.
•Use air conditioning when possible.
Kill mosquitoes inside your home
•Kill mosquitoes inside your home. Use an indoor insect fogger or indoor insect spray to kill mosquitoes and treat areas where they rest. These products work immediately, and may need to be reapplied. When using insecticides, always follow label directions. Only using insecticide will not keep your home free of mosquitoes.
• Mosquitoes rest in dark, humid places like under the sink, in closets, under furniture, or in the laundry room.
Transportation Corridor Agencies
For the May 12, 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
TCA AND CHP CONTINUE PARTNERSHIP TO ENFORCE TOLLS
AND ENHANCE SAFETY
The Agencies have extended a contract with the California Highway Patrol (CHP) for increased comprehensive patrolling of the 73, 133, 241 and 261 Toll Roads through 2023.
The Toll Roads are owned by the state of California, maintained by Caltrans and patrolled by CHP during their normal hours. In accordance with state law, TCA funds additional hours to enforce and deter toll violations and promote proper motorist conduct. CHP officers focus on safety as a prime directive bringing additional benefits to TCA’s partnership. The targeted patrolling performed by CHP under the terms of the contract is in addition to the hundreds of hours of enforcement already performed each month.
CHP has been providing increased comprehensive patrolling on The Toll Roads since 2000. The one-year extension will provide for up to 3,600 hours of additional enforcement performed by officers using overtime hours.
CHP’s presence serves as a deterrent for excessive speeders, ticketing motorists with no license plates or obstructed license plates, as well as mitigating unsafe lane changes at the 241/91 transition.
NEWLY APPROVED LIQUIDITY RESERVE POLICY PROVIDES PROTECTION
FROM RISK
The Transportation Corridor Agencies’ (TCA) Boards of Directors took another positive step in its successful financial stewardship efforts by approving a liquidity reserve policy that calls for the holding of a portion of unrestricted funds reserves to provide risk protection and protect the strong credit ratings that have been achieved.
The reserve provides additional support to meet debt service coverage requirements or debt payments if revenue is negatively impacted by economic events or extreme events – like a global pandemic. It also demonstrates strong liquidity to bondholders and Wall Street rating agencies that the Agencies are continuing their strong management in overseeing the use of its available cash.
The policy commits each Agency to holding a minimum amount, which is calculated as the next fiscal year’s annual debt service and operating expenses. The policy also commits to a higher target amount, which would be 10% of that Agency’s outstanding debt balance.
The liquidity reserve policy is part of the Boards’ adopted Strategic Plan and commitment to sound financial practices that support the Agencies’ credit ratings, enable the funding of capital programs with cash and make possible the early pay down of debt.
PRINTING AND MAIL HOUSE FIRM HELPS TCA SEND 4.3 MILLION
CORRESPONDENCES ANNUALLY
A contract was approved selecting QuestMark Information Management Inc. to provide bulk printing and mailing services for The Toll Roads’ customer correspondences, invoices and notices of toll evasion.
A certified woman-owned business based in Houston, QuestMark was unanimously selected from three competitors through a competitive procurement process that began in November 2021. QuestMark’s unanimous selection was based on its pricing, quality controls and 28-year history of printing, working with tolling agencies and meeting deadlines as well as demonstrated reliability in supporting TCA for nine years.
TCA mails approximately 4.3 million customer correspondences annually. The mailings are time sensitive and critical to TCA’s operations, so contracting with a qualified and experienced provider with the ability to mail items with a 24-hour turnaround was paramount in selecting a contractor.
PUBLIC WORKS DEPARTMENT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: AUSTIN POSTOVOIT, SENIOR MANAGEMENT ANALYST SUBJECT: RESOLUTION NO. 2022-5802, ORDERING THE COSTS FOR CERTAIN
IMPROVEMENTS IN THE CITYWIDE YORBA LINDA LIGHTING AND
LANDSCAPING MAINTENANCE DISTRICT TO BE RAISED THROUGH
INSTALLMENTS OVER A PERIOD OF YEARS, THE CONFIRMATION OF THE DIAGRAM BOUNDARIES AND ASSESSMENTS FOR FY 2022/23 FOR
THE CITYWIDE YORBA LINDA LIGHTING AND LANDSCAPING
MAINTENANCE DISTRICT (LMAD)
RECOMMENDATION
Adopt proposed Resolution No. 2022-5802 (Attachment 1), pursuant to the provisions of the Landscaping and Lighting Act of 1972, ordering that the costs for certain improvements in the Citywide Yorba Linda Lighting and Landscaping Maintenance Assessment District shall be raised through installments over a period of years, confirming the diagram boundaries and assessments for FY 2022/23 for the Citywide Yorba Linda Lighting and Landscaping Maintenance Assessment District, overruling all protests concerning the assessments, and levying the assessments confirmed herein.
BACKGROUND
The City’s Street Lighting and Landscaping Maintenance Assessment District (LMAD) was formed pursuant to the Landscaping and Lighting Act of 1972 (“1972 Act”), which is included in the State of California Streets and Highways Code Division 15, Part 2, and the provisions of the California Constitution, Article XIII D (commonly referred to as Proposition 218).
Although consolidated into a single assessment district, the LMAD is actually comprised of various traffic signal, lighting, and landscaping benefit zones, which address the variations in the nature, location, and the extent of the improvements that provide special benefits to parcels in the LMAD. Within the boundaries of the LMAD, parcels are assigned to various Zones each of which is associated with a set of improvements and/or type of improvements that provide special benefit to properties within that zone.
At the May 17, 2022, City Council meeting, the City Council adopted Resolution No. 2022- 5800 declaring its intention to levy and collect assessments within the City's LMAD for FY 2022/23 and setting a time and place for a public hearing concerning the levy of annual
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assessments to be June 7, 2022. Also, at the May 17, 2022, City Council meeting, the City Council adopted Resolution No. 2022-5799, approving the Engineer's Report regarding the levy of an annual assessment with the City's LMAD for FY 2022/23.
DISCUSSION
At this Public Hearing, all public comments, and written protests regarding the LMAD and the annual levy of assessments will be heard. Pursuant to Streets and Highways Code § 22630, during the course or upon the conclusion of the public hearing on June 7, 2022, the City Council may order changes in any of the matters provided in the FY 2022/23 Engineer's Report (Attachment 2). The assessments, if approved, will be submitted to the Orange County Auditor/Controller by August 10, 2022, to be included on the property tax roll for each parcel.
By adopting the proposed Resolution No. 2022-5802, the City Council is confirming the levying of assessments and authorizing that the estimated costs associated with certain improvements in the LMAD, in all Zones, be collected in installments (not to exceed five fiscal years) and held in a reserve account for future use of said improvements, as identified in the City's LMAD Capital Improvement Program attached hereto as an exhibit to the proposed Resolution which is recommended to be approved by the City Council at this June 7, 2022 City Council meeting. After considering any public comments and written protests, staff recommends the City Council adopt proposed Resolution No. 2022-5802.
FISCAL IMPACT
As identified in the Engineer's Report, the total estimated annual LMAD assessments for FY 2022/2023 amount to $8,071,197. The General Benefit portion that the City must pay from the General Fund has been calculated to be $1,057,844. This amount has been budgeted as a transfer from the General Fund to the LMAD Fund, less a partially offsetting credit for a portion of the ad valorem property tax revenue collected in local landscaping zones L-4A and L-4B, the arterial landscaping zones, and the lighting and traffic signal zones. The net transfer from the General Fund is projected to be $943,735 which has been included in the proposed General Fund budget for FY 2022/23. It should also be noted that a General Fund contribution for the City's arterial landscaping zones totaling $409,295 has been included in the budget for FY 2022/23. This amount will be adjusted at the end of the fiscal year based on actual ad valorem property tax revenue received during Fiscal Year 2022/23.
Staff has completed an analysis of the current fiscal condition of the local landscaping zones based on the FY 2022/23 Engineer's Report. This analysis has confirmed that there are no local landscaping zones in which assessments and/or fund balance on hand are likely to be insufficient to cover the cost of providing maintenance services.
As noted previously, Local Landscaping Zone L-1A has budgeted expenditures exceeding
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projected available revenues, but it has fund balance on hand sufficient to cover its deficit in the coming year. In addition, while Local Landscape Zone L-1B’s budgeted expenditures do not exceed available resources, staff is discussing a future petition and Proposition 218 process with residents in this Zone who are interested in enhanced landscaping options as well as addressing fallow areas within the zone. It is anticipated a potential petition process be initiated by the residents in for these two zones in FY 2022/23.
ALTERNATIVES
The City Council may consider the following alternatives:
1. Do not approve the Engineer's Report as presented and direct staff to make changes to the Report. The assessments, if approved, will be submitted to the Orange County Auditor/Controller by August 10, 2022 to be included on the property tax roll for each parcel. If an Engineer's Report is not approved in time, this may not allow the collection of assessment proceeds for FY 2022/23 to contribute towards the higher cost in maintaining streetlights and landscaping.
2. Do not levy the assessment and forego the revenue for FY 2022/23.
ATTACHMENTS
1. Resolution No. 2022-5802 – Levying of Assessments and CIP summary
2. FY 2022/23 Engineer’s Report
RESOLUTION NO. 2022-5802
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA, CALIFORNIA, PURSUANT TO THE
PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT
OF 1972, ORDERING THAT THE COSTS FOR CERTAIN
IMPROVEMENTS IN THE CITYWIDE YORBA LINDA
LIGHTING AND LANDSCAPING MAINTENANCE
ASSESSMENT DISTRICT SHALL BE RAISED THROUGH
INSTALLMENTS OVER A PERIOD OF YEARS,
CONFIRMING THE ENGINEER’S REPORT DIAGRAM
BOUNDARIES AND ASSESSMENTS FOR FISCAL YEAR
2022/23 FOR THE CITYWIDE YORBA LINDA LIGHTING
AND LANDSCAPING MAINTENANCE ASSESSMENT
DISTRICT, OVERRULING ALL PROTESTS CONCERNING
THE ASSESSMENTS, AND LEVYING THE ASSESSMENTS
CONFIRMED HEREIN
WHEREAS, Resolution No. 2022-5790 of the City Council of the City of Yorba Linda initiated proceedings to levy the annual assessments for the Yorba Linda Lighting and Landscaping Maintenance District (the "District"); and WHEREAS, Resolution No. 2022-5790 also ordered the City Engineer to prepare the report required by Streets and Highways Code Section 22622; and WHEREAS, the City Council approved the Fiscal Year 2022/23 Engineer’s Report by adopting Resolution No. 2022-5799 on May 17, 2022; and WHEREAS, by Resolution No. 2022-5800, the City Council declared its intention to levy and collect assessments within the District for Fiscal Year 2022/23, and provide notice pursuant to applicable law of a Public Hearing of the City Council on the matter; and WHEREAS, in Resolution No. 2022-5800, the City Council also set the Public Hearing for June 7, 2021, at 7:00 p.m.; and
WHEREAS, the City Clerk caused Notice of the Public Hearing to be given in the manner provided by applicable law; and
WHEREAS, on June 7, 2022, the City Council held a duly noticed Public Hearing to consider the updated engineer’s report, all oral statements and all written protests and communication made or filed by any interested person concerning the proposed assessments in the District for Fiscal Year 2022/23; and WHEREAS, the City Council considered all public testimony presented at the Public Hearing and received and considered all written protests and evidence presented or filed at said Hearing.
RESOLUTION NO. 2022-5802
PAGE NO. 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda resolves as follows:
Section 1. The foregoing recitals are incorporated herein by this reference.
Section 2. Pursuant to Streets and Highways Code Section 22631, the City Council hereby confirms the diagram boundaries and assessments for the Yorba Linda Lighting and Landscaping Maintenance Assessment District for Fiscal Year 2022/23. Pursuant to Streets and Highway Code section 22630, the City Council approves of the changes and updated financial information, if any, in the Annual Engineer’s Report.
Section 3. In accordance with Streets and Highways Code Section 22660(a), the City Council has determined that the estimated cost of certain proposed improvements, described in Section 22525, subdivisions (a) through (d), are greater than can conveniently be raised from a single assessment and, as a result, shall be collected in installments over a period not to exceed five fiscal years and held in a reserve account, as noted in the Engineer’s Report. General descriptions of these improvements for all Zones in the District, as well as the estimated costs thereof, the number of annual installments and years during which they are to be collected, and the maximum amount of each annual installment, are described in the City’s LMAD Capital Improvement Program approved by the City Council on June 7, 2022 and incorporated into this Resolution by this reference.
Section 4. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional. Additionally, if any section, subsection, sentence, clause, phrase, portion, zone, or subzone of the Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone, or subzone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, zones, or subzones might subsequently be declared invalid or unconstitutional.
Section 5. The City Council hereby overrules all protests presented concerning the annual assessments for the District for Fiscal Year 2022/23.
Section 6. Passage of this Resolution shall constitute a levy of assessments for Fiscal Year 2022/23. A copy of the assessments which specifies the amounts levied is on file in the Office of the City Clerk and is incorporated herein and made a part hereof as though fully set forth.
Section 7. The City Council finds that the assessment is in compliance with the provision of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution,
RESOLUTION NO. 2022-5802
PAGE NO. 3
and that the City Council has complied with all laws pertaining to the levy of an annual assessment.
Section 8. The City Council orders the proposed District improvements to be made in accordance with said Annual Engineer’s Report and these proceedings.
Section 9. The City Council finds that the Southern California Edison Company is the practical contractor capable of furnishing street lighting improvements, and authorization is hereby granted to continue with said contractor.
Section 10. The City Engineer is hereby authorized to update the Annual Engineer’s Report and assessments to the most current available parcel listings as provided by the County Auditor’s office.
Section 11. Pursuant to applicable law, the City Clerk is hereby authorized and directed to file a certified copy of this Resolution, and the diagrams (boundaries) and assessments confirmed by this Resolution of a certified copy thereof, with the County Auditor/Assessor/Tax Collector of the County of Orange.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 7th day of June, 2022.
______________________________________
CARLOS RODRIGUEZ, MAYOR
CITY OF YORBA LINDA
ATTEST:
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
APPROVED AS TO FORM:
RUTAN & TUCKER LLP
_____________________________
CITY ATTORNEY
RESOLUTION NO. 2022-5802
PAGE NO. 4
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY, that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 7th day of June, 2022, and was carried by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_________________________________
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
2022/23 - 2026/2027 LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT CAPITAL IMPROVEMENT PROGRAM City-Wide City-Wide City-Wide City-Wide City-Wide Landscape Landscape Landscape Landscape Landscape Arterial - A1 Arterial - A3 Arterial - A4 Arterial - A7 Arterial - A8 Zone L1A Zone L1E Zone L2A Zone L2B Zone L2D Irrigation / Smart Controllers
2022/23 50,000.00 - 50,000.00 50,000.00 30,000.00 10,000.00 30,000.00 30,000.00 50,000.00 2023/24 15,000.00 30,000.00 25,000.00 4,146.18 20,000.00 20,000.00 2024/25 30,000.00 25,000.00 10,038.91
2025/26 30,000.00
2026/27
2027/28
2028/29
Total 50,000.00 15,000.00 90,000.00 50,000.00 100,000.00 30,000.00 10,000.00 34,146.18 50,000.00 80,038.91 Landscape Renovation
2022/23 25,000.00 50,000.00 25,000.00
2023/24 600,000.00 5,000.00 61,188.79 60,000.00 12,000.00 350,000.00 4,000.00 640,641.81 20,000.00 2024/25 5,000.00 10,000.00 61,225.47 4,000.00 20,000.00 2025/26 3,383.90
2026/27
2027/28
2028/29
Total 600,000.00 13,383.90 71,188.79 - 121,225.47 37,000.00 350,000.00 8,000.00 690,641.81 65,000.00 Trails Surface and Fencing
2022/23
2023/24
2024/25
2025/26
2026/27
2027/28
2028/29
Total - - - - - - - - - -
Total Planned CIP 650,000.00 28,383.90 161,188.79 50,000.00 221,225.47 67,000.00 360,000.00 42,146.18 740,641.81 145,038.91 Exhibit A to Resolution 2022-xxxx Page 392 of 651
LMAD Capital Projects Funding Availability Analysis
Irrigation / Smart Controllers
2022/23
2023/24
2024/25
2025/26
2026/27
2027/28
2028/29
Total
Landscape Renovation
2022/23
2023/24
2024/25
2025/26
2026/27
2027/28
2028/29
Total
Trails Surface and Fencing
2022/23
2023/24
2024/25
2025/26
2026/27
2027/28
2028/29
Total
Total Planned CIP
Landscape Landscape Landscape Landscape Landscape Landscape Landscape Landscape Landscape Landscape Zone L2G Zone L2H Zone L2I Zone L2J Zone L2M Zone L2O Zone L2Q Zone L2R Zone L2S Zone L2T 20,000.00 50,000.00 30,000.00 20,000.00 50,000.00 20,000.00 20,000.00 10,000.00 20,000.00 30,000.00 30,000.00 15,000.00
20,000.00 50,000.00 60,000.00 50,000.00 - 65,000.00 20,000.00 20,000.00 10,000.00 20,000.00 25,000.00 25,000.00 10,000.00 25,000.00 16,000.00 25,000.00 9,000.00 15,000.00 25,000.00 38,702.21 54,880.91 20,000.00 15,000.00
30,000.00
- 25,000.00 93,702.21 64,880.91 25,000.00 36,000.00 40,000.00 9,000.00 15,000.00 25,000.00 - - - - - - - - - -
20,000.00 75,000.00 153,702.21 114,880.91 25,000.00 101,000.00 60,000.00 29,000.00 25,000.00 45,000.00 Exhibit A to Resolution 2022-xxxx Page 393 of 651
LMAD Capital Projects Funding Availability Analysis
Irrigation / Smart Controllers
2022/23
2023/24
2024/25
2025/26
2026/27
2027/28
2028/29
Total
Landscape Renovation
2022/23
2023/24
2024/25
2025/26
2026/27
2027/28
2028/29
Total
Trails Surface and Fencing
2022/23
2023/24
2024/25
2025/26
2026/27
2027/28
2028/29
Total
Total Planned CIP
Landscape Landscape SAVI Ranch Landscape Landscape Landscape Zone L2U Zone L2V Zone L3 Zone L4A Zone L5B Zone L5C
20,000.00 20,000.00 10,000.00 30,000.00 25,000.00 645,000.00 39,500.00 40,000.00 268,646.18
65,038.91
30,000.00
-
-
-
20,000.00 20,000.00 - 10,000.00 69,500.00 65,000.00 1,008,685.09 23,000.00 5,000.00 20,000.00 25,000.00 50,000.00 398,000.00 15,000.00 50,000.00 100,000.00 2,046,413.72
150,000.00 280,225.47
64,500.00 67,883.90
-
-
-
- 23,000.00 5,000.00 35,000.00 75,000.00 364,500.00 2,792,523.09 83,000.00 100,000.00 183,000.00
-
-
-
-
-
-
- - - - 83,000.00 100,000.00 183,000.00
20,000.00 43,000.00 5,000.00 45,000.00 144,500.00 429,500.00 3,801,208.18 Total
Exhibit A to Resolution 2022-xxxx Page 394 of 651
City of Yorba Linda
Street Lighting and Landscaping
Maintenance District
Annual Engineer’s Report
Fiscal Year 2022/2023
Intent Meeting: May 17, 2022
Public Hearing: June 7, 2022
MAY 2022
PREPARED BY
WILLDAN FINANCIAL SERVICES
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com/financial
Table of Contents
Introduction.........................................................................................................1 District Changes for Fiscal Year 2022/2023 ............................................................ 1 Report Content and Annual Proceedings ............................................................... 1 Part I - Plans and Specifications..............................................................5 Zones of Benefit........................................................................................................ 5 Description of Improvements................................................................................... 6 Part II - Method of Apportionment .........................................................27 Legislative Authority and Provisions .................................................................... 27 Benefit Analysis ...................................................................................................... 28 Assessment Methodology...................................................................................... 33 Part III - Estimate of Costs......................................................................54 Part IV - Assessment Roll.......................................................................67 Part V – Assessment Diagrams .............................................................68 Appendix A - Historical District Changes............................................ 117
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
Introduction
The City of Yorba Linda (the “City”), under the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and the provisions of the California Constitution Article XIII D (the “Constitution”), annually levies and collects special assessments for the City’s maintenance assessment district designated as:
Street Lighting and Landscaping Maintenance District
(the “District”) in order to provide and maintain various landscaping and lighting improvements throughout the City that provide special benefits to properties within the City.
In accordance with the 1972 Act, the District utilizes benefit zones (“Zones”) to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District. Within the boundaries of the District, parcels are assigned to various Zones each of which is associated with a set of improvements and/or type of improvements that provide special benefit to properties within that Zone.
In fiscal year 2021/2022, the District was comprised of the following Zones:
➢ Nine Arterial Landscaping Zones (A-1 through A-9);
➢ Thirty-three Local Landscaping Zones:
• L-1A, through L-1E;
• L-2A through L-2V;
• Zone L-3;
• L-4A and L-4B;
• L-5A, L-5B and L-5C;
➢ A single citywide Arterial Street Lighting Zone,
➢ A non-contiguous Local Street Lighting Zone, and
➢ Three Traffic Signal Zones (TS-1, TS-2, and TS-3),
District Changes for Fiscal Year 2022/2023
For FY 2022/2023, as part of the ongoing annual review of the improvements associated with each zone, and to ensure consistency throughout the District, this Report reflects some updates to the diagrams presented in “Part V- Assessment Diagrams”, and square footages discussed in the improvement descriptions in “Part I - Plans and Specifications” which more accurately depict the landscaping areas maintained by the LMAD. These modifications are not considered significant changes and for the most part involve minor updates to the maintained improvement areas previously depicted in the FY 2021/2022 Engineer's Report. Specifically, the Assessment Diagrams and improvement descriptions for Local Landscaping Zones, L-1A, L-1D, L-2B, L-2D, and L-4A have been updated.
No other notable or consequential changes to the District and/or improvements have occurred since the adoption of the FY 2021/2022 Engineer's Report.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
Report Content and Annual Proceedings
This Engineer’s Annual Report (the “Report”) has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the proposed improvements and services to be provided within the District and the levy and collection of annual assessments related thereto for fiscal year 2022/2023. If any section, subsection, sentence, clause, phrase, portion, zone, or subzone of this Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone, or subzone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, zones, or subzones might subsequently be declared invalid or unconstitutional.
This Report outlines the District Zone structure, the improvements, and the proposed assessments to be levied in connection with the benefits the properties will receive from the maintenance and servicing of the District improvements for fiscal year 2022/2023. The annual assessments to be levied on properties within the District provide a funding source for the continued operation and maintenance of landscaping and lighting improvements within various zones of benefit (“Zones”) that provide special benefits to the properties within the District and each respective Zone. Each fiscal year, the City establishes the District’s assessments based on an estimate of the costs to maintain, operate and service the improvements and based upon available revenues including fund balances, general benefit contributions and additional City contributions and assessment limits. The costs of the improvements and the proposed annual assessments budgeted and assessed against properties within the District may include, but are not limited to the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the operation and administration of the District; deficits or surpluses from prior years; revenues from other sources; and the collection of funds for operational reserves or for periodic maintenance and improvement rehabilitation projects as authorized by the 1972 Act.
Each parcel is assessed proportionately for only those improvements, services, and expenses for which the parcel will receive special benefit.
Each Zone outlined in this Report reflects the various improvements and the types of improvements and services to be provided by the District for the properties that are directly associated with and benefit from those improvements. The net annual cost to provide the improvements in each Zone is based on the various improvements and the types of improvements and services to be provided by the District and the net special benefit cost of providing those improvements and services are allocated to the benefiting properties within the Zone using a weighted method of apportionment (refer to Assessment Methodology in Part II, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from the District improvements and services.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Orange County Assessor’s Office. The Orange County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the District assessments.
At a noticed annual Public Hearing, the City Council will accept all public comments and written protests regarding the District and the annual levy of assessments. Based on those public comments and written protests, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments the Council will, by Resolution, order the improvements to be made and confirm the levy and collection of assessments pursuant to the 1972 Act. The assessments as approved will
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
be submitted to the Orange County Auditor/Controller to be included on the property tax roll for each parcel.
As required by the 1972 Act, this Engineer’s Report describes the improvements to be provided, maintained, and serviced by the District, an estimated budget for the District improvements, and the proposed assessments to be levied upon each assessable lot or parcel within the District for fiscal year 2022/2023.
While the budgets outlined in this Report reflect the estimated costs necessary to fully and adequately provide for the maintenance and operation of the improvements within the District, in some circumstances the estimated costs and associated services cannot be fully funded by the combination of the current special benefit assessment revenues and the City contribution for general benefits. Therefore, in addition to the City’s contribution for general benefit costs, on a case by case basis, at the discretion of the City Council, the City may also provide additional funding to support the improvements and/or implement service reductions for the fiscal year. To fully fund the improvements that are considered special benefits, it may be necessary in the future to increase assessment revenues which would require the support of the property owners for new or increased assessments through a ballot proceeding conducted under the provisions of the California Constitution Article XIII D.
This Report consists of five (5) parts:
Part I
Plans and Specifications: This section provides a general description of the District and the improvements for which parcels are assessed. The proposed assessments as outlined in this Report are based on the improvements and appurtenant facilities that provide a special benefit to the properties within the District and generally consist of local and arterial landscaping improvements, arterial and local street lighting, traffic signals and operational expenses authorized pursuant to the 1972 Act. The plans and specifications contained in this Report generally describe the nature and extent of the improvements. In conjunction with these general descriptions of the improvements a visual depiction of the landscape improvement areas is provided in “Part V- Assessment Diagrams” of this Report. More detailed information regarding the specific plans and specifications associated with the District improvements in each Zone may be on file in the Public Works Department and by reference are made part of this Report.
Part II
Method of Apportionment: This section includes a discussion of the general and special benefits associated with the various improvements to be provided within the District (Benefit Analysis), which includes a discussion of the proportional costs of the special benefits and a separation of costs considered to be of general benefit (and therefore not assessed). This section of the Report also outlines the method of calculating each property’s proportional special benefit necessary to calculate the property’s annual assessment. This method of apportionment is consistent with the previously adopted method of apportionment for the District that was approved by the property owners in a protest ballot proceeding conducted in 1997 as well as subsequent Property Owner Protest Ballot Proceedings conducted for increased assessments in individual Zones pursuant to the provisions of the California Constitution Article XIIID.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
Part III
Estimate of Costs: An estimate of the annual costs to operate, maintain, and service the landscaping and lighting improvements and appurtenant facilities. The budget for each Zone includes an estimate of the maintenance costs and incidental expenses including, but not limited to, labor, materials, utilities, equipment, and administration expenses as well as the collection of other appropriate funding authorized by the 1972 Act and deemed necessary to fully support the improvements, even though not all costs identified in these budgets are necessarily supported by the current assessment revenues. Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. In addition to the general benefit costs, the City may provide additional funding to support the maintenance and operation of the improvements considered to be of special benefit, but City staff shall make the determination of which improvements, and the extent of the services and activities that shall be provided based on available revenues.
Part IV
Assessment Roll: The assessment amounts to be levied and collected in fiscal year 2022/2023 for each parcel is based on the parcel’s calculated proportional special benefit as outlined in "Part II - Method of Apportionment" and the annual assessment rates established by the estimated budgets in "Part III - Estimate of Costs" of this Report. Due to the number of parcels within the District, the Assessment Roll for fiscal year 2022/2023 has been filed electronically with the City Clerk rather than displayed in this Report and by reference the listing of the Assessor’s Parcel Numbers and the corresponding assessment amounts are made part of this Report.
Part V
Assessment Diagrams: This section of the Report contains a series of diagrams showing the boundaries of the Zones within the District for fiscal year 2022/2023 which incorporate the parcels determined to receive special benefits from the various District improvements. For those Zones that provide landscape improvements, the diagrams also provide a visual depiction of the location and extent of the landscaped areas being maintained. Parcel identification, the lines and dimensions of each lot, parcel, and subdivision of land within the District and Zones are shown on the Orange County Assessor's Parcel Maps and shall include any subsequent lot line adjustments or parcel changes therein. Reference is hereby made to the Orange County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
Part I - Plans and Specifications
The territory within the District consists of all lots or parcels of land within the City of Yorba Linda and the boundaries of the District are coterminous with the City boundaries. The purpose of this District is to provide in part, through annual assessments, funding for the ongoing operation, maintenance, and servicing of landscaping, street lighting, traffic signal improvements and related facilities and services in various areas throughout the City. Improvements currently provided within the District generally include, but are not limited to:
➢ Landscape improvements within the street medians and parkway side-panels, including parkways, slopes, and entryways; and various non-street landscaping including greenbelt areas, slopes, local trails, and open space areas within various landscape zones. These landscaped improvements and areas may include but are not limited to various combinations of trees; turf; ground cover; shrubs, plantings and other amenities including retaining walls, monuments, fencing, sidewalks, stamped concrete, or pavers; irrigation and drainage systems; and related appurtenances.
➢ Lighting facilities on the public streets within the City including both street lights and traffic signals. These lighting improvements may include but are not limited to street lights located on the City’s arterial streets, traffic signals located throughout the City and local street lights within or adjacent to the various developments and subdivisions.
Zones of Benefit
In accordance with the 1972 Act, the District utilizes Zones to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District.
Within the boundaries of the District, parcels are assigned to benefit zones each of which is associated with a set of improvements and/or type of improvements that provide special benefit to properties within that Zone.
Prior to fiscal year 2012/2013, the District included twelve designated Zones in order to identify and budget for the various improvements being provided within the District and the relationship and benefits to properties within the District. These twelve Zones included a citywide Arterial Landscaping Zone and Arterial Street Lighting Zone; three Traffic Signal Zones (TS-1, TS-2, and TS-3); a noncontiguous Local Street Lighting Zone; and six Local Landscaping Zones designated as L-1, L-2, L-3, L-4, L-5 and L-5A. Commencing in fiscal year 2012/2013, an ongoing annual review and evaluation of the improvements and properties within the District has been conducted.
As a result, several modifications have been implemented in the District to clarify and more clearly identify the specific improvements directly associated with and that provide special benefits to the properties within the District as well as the general benefits associated with those improvements.
The implementation of these changes since fiscal year 2012/2013, has reorganized the previously established twelve Zones into forty-eight Zones without facilitating an increase to the previously approved maximum assessment rates in most cases.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
For fiscal year 2022/2023, the District is comprised of the following benefit zones (Zones):
➢ Nine Arterial Landscaping Zones (A-1 through A-9);
➢ Thirty-three Local Landscaping Zones:
• L-1A, through L-1E;
• L-2A through L-2V;
• Zone L-3;
• L-4A and L-4B;
• L-5A, L-5B and L-5C;
➢ A single citywide Arterial Street Lighting Zone,
➢ A non-contiguous Local Street Lighting Zone, and
➢ Three Traffic Signal Zones (TS-1, TS-2, and TS-3),
Description of Improvements
As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone incorporate various landscaping or lighting improvements that are maintained and serviced for the benefit of real property within the District. The maintenance of the landscape improvements may also include various appurtenances that may include but is not limited to entry monuments; various types of fencing; retaining walls; ornamental lighting or other ornamental fixtures; signage; and irrigation, drainage, and electrical equipment. In most cases, these improvements were either installed in direct connection with the development of properties within the Zones or were installed for the benefit of those properties as a result of property development or potential development of those properties and were considered necessary for the development of those properties to their full and best use. The work to be performed within each respective Zone may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services for each Zone. The improvements provided within the District and for which parcels receive special benefits are generally described in the following.
Street Light Improvements
The street lighting system in the City of Yorba Linda currently consists of 6,171 street lights (mostly Edison-owned) and the cost of operating and maintaining the street lights including energy costs are funded in part by the District’s annual assessments. Within the District there are two (2) Street Light Zones, designated as the Arterial Street Lighting Zone and the Local Street Lighting Zone. The following is a summary of the two Zones and the street light improvements generally provided in each.
Arterial Street Lighting Zone
The boundaries of the Arterial Street Lighting Zone are coterminous with the City boundaries and all parcels within the City (excluding lots and parcels of land identified as exempt) are proportionately assessed for the net-special benefit costs for the operation and maintenance of
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
these improvements. The following is a summary of the street lights currently included in the Arterial Street Lighting Zone:
Local Street Lighting Zone
Although the Local Street Lighting Zone is also considered a city-wide zone, only parcels that receive special benefits from local street lighting improvements are proportionately assessed for the net special benefit cost of providing those improvements and are designated as “Local Street Lighting Zone A”. All other parcels in the City (parcels that do not receive special benefits from local street lighting improvements and are not assessed) are designated as “Local Street Lighting Zone B” parcels for administration purposes only (not an actual Zone). The following is a summary of the street lighting improvements currently included in the Local Street Lighting Zone for which parcels are proportionately assessed:
Type of Light Wattage Total No.
of Lights
Light Emitting Diodes (LED) 31 39
Light Emitting Diodes (LED) 39 75
Light Emitting Diodes (LED) 71 180
Light Emitting Diodes (LED) 82 751
Light Emitting Diodes (LED) 90 3
Light Emitting Diodes (LED) 105 15
Light Emitting Diodes (LED) 136 12
Light Emitting Diodes (LED) 155 4
Total Lights 1,079
Type of Light Size in
Lumens
Total No.
of Lights
High Pressure Sodium Vapor 4,000 2
High Pressure Sodium Vapor 5,800 3,521
High Pressure Sodium Vapor 9,500 13
High Pressure Sodium Vapor 16,000 37
High Pressure Sodium Vapor 22,000 142
High Pressure Sodium Vapor 27,500 73
High Pressure Sodium Vapor 37,000 2
Total Lights 3,790
Type of Light Wattage Total No.
of Lights
Light Emitting Diodes (LED) 31 1,140
Light Emitting Diodes (LED) 39 14
Light Emitting Diodes (LED) 71 18
Light Emitting Diodes (LED) 82 100
Light Emitting Diodes (LED) 100 23
Light Emitting Diodes (LED) 136 7
Total Lights 1,302
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
Traffic Signal Improvements
Within the District there are three (3) Traffic Signal Zones, designated as TS-1, TS-2 and TS-3, the boundaries of which collectively are coterminous with the City boundaries. Each of the three Traffic Signal Zones include traffic signal improvements on the City’s major thoroughfares at specific intersections within the boundaries of each respective Zone that serve as the primary access points to the properties assessed within these Zones. The following is a listing of the traffic signal locations (intersections) currently included in each Traffic Signal Zone.
Traffic Signal Zone TS-1
The zone is located on the eastern side of the City and the proportional special benefit assessments on parcels within this Zone currently fund in part the ongoing maintenance and operation of the traffic signals located at the following intersections:
➢ La Palma Avenue and Via Lomas de Yorba East;
➢ La Palma Avenue and Via Lomas de Yorba West;
➢ La Palma Avenue and Gypsum Canyon Road; and
➢ La Palma Avenue and Mercado Del Rio.
Traffic Signal Zone TS-2
The zone comprises the majority of the properties within the City (both the central and western portions of the City) as well as the majority of the City’s traffic signals. The proportional special benefit assessments on parcels within this Zone currently fund in part the ongoing maintenance and operation of the traffic signals located at the following intersections:
➢ Imperial Highway and Prospect Avenue;
➢ Imperial Highway and Bastanchury Road;
➢ Imperial Highway and Valley View Avenue;
➢ Imperial Highway and Casa Loma Avenue;
➢ Imperial Highway and Eureka Avenue;
➢ Imperial Highway and Lemon Drive;
➢ Imperial Highway and Lemon Drive East;
➢ Imperial Highway and Olinda Street;
➢ Imperial Highway and Yorba Linda Boulevard;
➢ Imperial Highway and Kellogg Drive;
➢ Yorba Linda Boulevard and Linda Vista Street (cost shared with the City of Placentia); ➢ Yorba Linda Boulevard and Rose Drive (cost shared with the City of Placentia); ➢ Yorba Linda Boulevard and Prospect Avenue (cost shared with the City of Placentia); ➢ Yorba Linda Boulevard and Jefferson Street (cost shared with the City of Placentia); ➢ Yorba Linda Boulevard and Van Buren Street;
➢ Yorba Linda Boulevard and Richfield Road;
➢ Yorba Linda Boulevard and Valley View Avenue;
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
➢ Yorba Linda Boulevard and Casa Loma Avenue;
➢ Yorba Linda Boulevard and Casa Loma Circle;
➢ Yorba Linda Boulevard and Eureka Avenue;
➢ Yorba Linda Boulevard and Mountain View Avenue;
➢ Yorba Linda Boulevard and Lakeview Avenue;
➢ Yorba Linda Boulevard and Avocado Avenue;
➢ Yorba Linda Boulevard and Ohio Street;
➢ Yorba Linda Boulevard and Palm Avenue;
➢ Yorba Linda Boulevard and Kellogg Drive;
➢ Yorba Linda Boulevard and Fairmont Boulevard;
➢ Yorba Linda Boulevard and Avenida Rio Del Oro;
➢ Yorba Linda Boulevard and Village Center Drive;
➢ Yorba Linda Boulevard and Paseo De Las Palomas;
➢ Yorba Linda Boulevard and San Antonio Road;
➢ Yorba Linda Boulevard and Yorba Ranch Road;
➢ Yorba Linda Boulevard and Via Esquela;
➢ Yorba Linda Boulevard and Stonehaven Drive;
➢ Yorba Linda Boulevard and Avenida Adobe;
➢ Yorba Linda Boulevard and New River Road;
➢ Fairmont Boulevard and Paseo De Las Palomas;
➢ Fairmont Boulevard and Village Center Drive/Nob Hill; ➢ Fairmont Connector and Esperanza Road;
➢ Fairmont Boulevard and Fairmont Connector;
➢ Fairmont Boulevard and Old Ranch Road;
➢ Fairmont Boulevard and Futura Drive;
➢ Esperanza Road and Lindsey Drive;
➢ Esperanza Road and New River;
➢ Lakeview Avenue and Lemon Drive;
➢ Lakeview Avenue and Town Center Drive;
➢ Mountain View Avenue and Kellogg Drive;
➢ Rose Drive and Wabash Avenue;
➢ Rose Drive School Crossing (at Rose Drive School);
➢ Rose Drive Pedestrian Crossing (at El Cajon Trail);
➢ Valley View Avenue and Orange Drive;
➢ Valley View Avenue and Lakeview Avenue;
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
➢ Valley View Avenue and Bastanchury Road;
➢ Valley View Avenue and Pedestrian Crossing (EL Cajon Trail); ➢ Bastanchury Road and Prospect Avenue;
➢ Bastanchury Road and Rose Drive;
➢ Bastanchury Road and Lakeview Avenue;
➢ Bastanchury Road and Fairmont Boulevard;
➢ Bastanchury Road and Village Center Drive;
➢ Bastanchury Road and Secretariat Way;
➢ Bastanchury Road and Grey Stone Drive;
➢ Bastanchury Road and Clydesdale Drive;
➢ Bastanchury Road and Plumosa Drive
➢ Bastanchury Road and Yorba Linda High School (to be installed summer 2021) ➢ Buena Vista Avenue and Richfield Road; and
➢ Grandview and Kellogg Drive.
Traffic Signal Zone TS-3
The zone is located on the southeastern section of the City and the proportional special benefit assessments on parcels within this Zone currently fund in part the ongoing maintenance and operation of a single traffic signal located at:
➢ Savi Ranch Parkway and Mirage Street.
Landscape Improvements
Arterial Landscaping Zone
Within the District there are nine (9) designated Arterial Landscaping Zones (A-1 through A-9), the boundaries of which collectively are coterminous with the City boundaries. Each of these nine Arterial Landscaping Zones have been established to reflect the proportional special benefit properties within the District receive from the District maintained arterial landscaping improvements. The boundaries of each Arterial Landscaping Zone are based on the improvements being maintained through the District assessments and the relationship and proximity of the developments and properties that derive special benefit from those improvements. The location, extent and types of improvements and the proximity of the various parcels and developments to those improvements were evaluated in developing the boundaries of the nine Zones and proportional special benefit cost allocations and most of the Zones are separated by streets that are considered primary arterials or other thoroughfares that may be considered secondary arterials. Therefore, some improvements (specifically medians) may be located between two Zones and those improvements are shared by the two adjacent Zones. In such cases, the special benefit and cost of providing such improvements are shared by parcels in both Zones. However, because the extent and type of landscaping on either side of these streets (parkways, side panels, or adjacent landscape areas) may often times be dramatically different, the special benefit and the costs associated with these improvements on primary arterial streets are assigned and allocated to the adjacent Arterial Landscaping Zone and on other thoroughfares (including secondary arterials) these parkways, side panels, or adjacent landscape areas are typically funded by the abutting Local Landscaping Zone, instead of the Arterial Landscaping Zone. The following is a brief description and summary of the landscaped areas
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
associated within each Arterial Landscaping Zones. A visual depiction of the location and extent of the improvement areas and Zone boundaries are provided in "Part V- Assessment Diagrams" of this Report. Within some of the Arterial Landscaping Zones there are landscape improvement areas (various parkway landscaping and/or greenbelt areas) that are not included as part of the Arterial Landscaping Zone assessments and are currently funded by the City. These improvement areas are distinguished on the Assessment Diagrams by a different color and are summarized in the following descriptions.
Arterial Landscaping Zone A-1
The properties within this Arterial Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 114,610 square feet of designated landscape improvement area that incorporates an estimated 30,010 square feet of irrigated sloped/mostly-sloped landscaped area; 84,250 square feet of irrigated flat/moderatelysloped landscaped area; and 350 square feet of non-irrigated area and trails. The improvement areas for which properties in this Zone receive special benefit are generally located in the following area(s):
➢ La Palma Avenue from approximately 700 feet east of Weir Canyon Road (Yorba Linda Boulevard), east to Camino De Bryant.
Arterial Landscaping Zone A-2
The properties within this Arterial Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 293,500 square feet of designated landscape improvement area that incorporates an estimated 69,480 square feet of irrigated median landscaping and 3,500 square feet non-irrigated/hardscape median area; 149,840 square feet of irrigated sloped/mostly-sloped landscaped area; and 70,680 square feet of flat/moderately-sloped landscaped area of which 36,710 square feet is irrigated and 33,970 square feet of non-irrigated area and trails. Portions of the medians associated with this Zone are shared by properties in adjacent Zones (shared by A-3 and A-5) and the square footages presented above represent this Zone’s proportional allocation of the total square footage of those shared median improvements. The improvement areas for which properties in this Zone receive special benefit are generally located in the following area(s):
➢ Esperanza Road from approximately 370 feet east of Via Del Cazador (the boundary line between Zones A-3 and A-2), west to approximately 490 feet west of Hickory Drive (a point which is approximately 450 feet east of Paseo Del Prado and the boundary line between Zones A-9 and A-2);
➢ Yorba Linda Boulevard from San Antonio Road (the boundary line between Zones A-9 and A-2), east and south to approximately 400 feet southeast of Via De La Escuela (the point at which the boundary line of Zone A-3 crosses Yorba Linda Boulevard), • The median improvements from San Antonio Road to approximately 450 feet northwest of Via Del Agua (approximately 500 feet southeast of Dorinda Road) are shared with Zone A-5; and
• The median improvements from approximately 450 feet northwest of Via Del Agua to approximately 400 feet southeast of Via De La Escuela are shared with Zone A-3; ➢ Yorba Ranch Road from Yorba Linda Boulevard, south to Esperanza Road.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
Arterial Landscaping Zone A-3
The properties within this Arterial Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 294,820 square feet of designated landscape improvement area that incorporates an estimated 42,970 square feet of irrigated median landscaping and 12,130 square feet non-irrigated/hardscape median area; 123,690 square feet of irrigated sloped/mostly-sloped landscaped; and 116,030 square feet of flat/moderately-sloped landscaped area of which 88,790 square feet is irrigated and 27,240 square feet is trails. Portions of the medians associated with this Zone are shared by properties in an adjacent Zone (shared by Zone A-2) and the median square footage presented above represents this Zone’s proportional allocation of the total square footage of those shared medians.
The improvement areas for which properties in this Zone receive special benefit are generally located in the following area(s):
➢ Esperanza Road from approximately 370 feet east of Via Del Cazador (the boundary line between Zones A-2 and A-3), east to a point approximately 1,450 east of New River Road; ➢ Yorba Linda Boulevard from approximately 450 feet northwest of Via Del Agua (approximately 500 feet southeast of Dorinda Road and the boundary line between Zones A5 and A-3), south to Esperanza Road, • The median improvements from approximately 450 feet northwest of Via Del Agua to approximately 400 feet south of Via De La Escuela are shared with Zone A-2.
Arterial Landscaping Zone A-4
The properties within this Arterial Landscaping Zone proportionately share and receive benefit from the maintenance, servicing, and operation of approximately 565,650 square feet of designated landscape improvement area that incorporates an estimated 82,940 square feet of irrigated median landscaping and 11,660 square feet non-irrigated/hardscape median area; 383,730 square feet of irrigated sloped/mostly-sloped landscaped area; and 87,320 square feet of flat/moderately-sloped landscaped area of which 82,240 square feet is irrigated and 5,080 square feet of trails. Portions of the medians associated with this Zone are shared by properties in adjacent Zones (shared by Zones A-7, A-8, and A-9) and the median square footage presented above represents this Zone’s proportional allocation of the total square footage of those shared medians. In addition to the above square feet of improvements associated with this Zone, there are landscape improvements maintained by the City in various locations within the Zone that are not included as part of the improvements for which properties are assessed through the Arterial Landscaping Zone or any Local Landscaping Zone currently. The maintenance of these nonarterial right-of-way improvement areas are funded by the City. The improvement areas for which properties in this Zone receive special benefit are generally located in the following area(s):
➢ Esperanza Road from Imperial Highway, east to Fairmont Boulevard; ➢ Imperial Highway from Yorba Linda Boulevard, south to Esperanza Road, • The median improvements from Yorba Linda Boulevard to Kellogg Drive are shared with Zone A-8;
➢ Yorba Linda Boulevard from Imperial Highway, east to Avenida Rio Del Oro, (These median improvements are shared with Zone A-7);
➢ Fairmont Boulevard from Yorba Linda Boulevard, south to Esperanza Road, • The median improvements from Paseo De Las Palomas, south to Esperanza Road are shared with Zone A-9;
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
➢ Non-Assessed Local Improvements in this Zone include, but are not limited to:
• Parkways located in the vicinity of Kellogg Drive and Arroyo Cajon Drive; Grandview Avenue and Sunny Slope; Avenida Rio Del Oro south of Yorba Linda Boulevard; the east side of Fairmont Boulevard just north of Paseo De Las Palomas; and the west side of Fairmont Boulevard between Paseo De Las Palomas and Village Center Drive; • Greenbelt/trail areas located generally along Kingsbriar Drive between Fairmont Boulevard and Acacia Hill Drive; and
• Median and parkway landscaping on Imperial Highway located southeast of Kellogg Drive.
Arterial Landscaping Zone A-5
The properties within this Arterial Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 678,450 square feet of designated landscape improvement area that incorporates an estimated 112,510 square feet of irrigated median landscaping and 11,630 square feet non-irrigated/hardscape median area; 408,250 square feet of irrigated sloped/mostly-sloped landscaped area; and 146,060 square feet of flat/moderately-sloped landscaped area of which 75,730 square feet is irrigated and 70,330 square feet is non-irrigated comprised of natural vegetation or minimal/modified/fallowlandscaped areas and/or trails. Portions of the medians associated with this Zone are shared by properties in adjacent Zones (shared by Zones A-2, A-7, and A-9) and the median square footage presented above represents this Zone’s proportional allocation of the total square footage of those shared medians. The improvement areas for which properties in this Zone receive special benefit are generally located in the following area(s):
➢ Bastanchury Road from the boundary line between Zones A-6 and A-5 which is approximately 310 east of Emerald Downs Drive and 1,000 feet west of Clydesdale, east to Village Center Drive,
• The median improvements from Fairmont Boulevard, east to approximately 830 feet west of Village Center Drive are shared with Zone A-7;
➢ Yorba Linda Boulevard from approximately 750 feet west of Village Center Drive (the boundary line between Zones A-7 and A-5), east to approximately 500 feet southeast of Dorinda Road (approximately 450 feet northwest of Via Del Agua and the boundary line between A-3 and A-5),
• The median improvements from approximately 750 feet west of Village Center Drive to San Antonio Road are shared with Zone A-9;
• The median improvements from San Antonio Road to approximately 500 feet southeast of Dorinda Road are shared with Zone A-2;
➢ Village Center Drive from Yorba Linda Boulevard, north to Fairmont Boulevard; ➢ Fairmont Boulevard from Avenida Del Rey, north to Village Center Drive, • The median improvements from Avenida Del Rey to Bastanchury Road are shared with Zone A-7.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
Arterial Landscaping Zone A-6
The properties within this Arterial Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 519,130 square feet of designated landscape improvement area that incorporates an estimated 93,400 square feet of irrigated median landscaping and 4,950 square feet non-irrigated/hardscape median area; 256,280 square feet of irrigated sloped/mostly-sloped landscaped area; and 164,500 square feet of flat/moderately-sloped landscaped area including 133,560 square feet of irrigated landscaping and 30,940 square feet of trails. Portions of the medians associated with this Zone are shared by properties in an adjacent Zone (shared by Zone A-7) and the median square footage presented above represents this Zone’s proportional allocation of the total square footage of those shared medians. The improvement areas for which properties in this Zone receive special benefit are generally located in the following area(s):
➢ Bastanchury Road from Valley View Avenue (at the boundary line between Zone A-7 and A6), east to approximately 310 east of Emerald Downs Drive (approximately 1,000 feet west of Clydesdale and is also the boundary line between Zones A-5 and A-6); ➢ Lakeview Avenue from Bastanchury Road, north and west to Valley View Avenue; ➢ Valley View Avenue from Bastanchury Road, north to Valley View Circle, • The median improvements between Bastanchury Road and Brooklyn Avenue are shared with Zone A-7.
Arterial Landscaping Zone A-7
The properties within this Arterial Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 1,180,170 square feet of designated landscape improvement area that incorporates an estimated 181,190 square feet of irrigated median landscaping and 31,350 square feet non-irrigated/hardscape median area; 397,500 square feet of sloped/mostly-sloped landscaped area of which 391,370 square feet is irrigated and 6,130 square feet is non-irrigated; and 570,130 square feet of flat/moderately-sloped landscaped area of which 441,510 square feet is irrigated and 128,620 square feet is non-irrigated (24,530 square feet of natural vegetation or minimal-landscaped areas and 104,090 square feet of trails). Portions of the medians associated with this Zone are shared by properties in adjacent Zones (shared by Zones A-4, A-6, A-8, and A-9) and the median square footage presented above represents this Zone’s proportional allocation of the total square footage of those shared medians.
In addition to the above square feet of improvements associated with this Zone, there are landscape improvements maintained by the City in various locations within the Zone that are not included as part of the improvements for which properties are assessed through the Arterial Landscaping Zone or any Local Landscaping Zone currently. The maintenance of these nonarterial right-of-way improvement areas are funded by the City. The improvement areas for which properties in this Zone receive special benefit are generally located in the following area(s):
➢ Yorba Linda Boulevard from North Jefferson Avenue, east to approximately 750 feet west of Village Center Drive (the boundary line between Zone A-5 and A-7), • The median improvements from North Jefferson Avenue to Imperial Highway are shared with Zone A-8;
• The median improvements from Imperial Highway to Avenida Rio Del Oro are shared with Zone A-4;
• The median improvements from Avenida Rio Del Oro to approximately 750 feet west of Village Center Drive are shared with Zone A-9;
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
➢ North Rose Drive between Verna Lane and Lathrop Drive; ➢ Imperial Highway between Yorba Linda Boulevard to North Rose Drive; ➢ Bastanchury Road from western City Limit (a point that is approximately 1,000 feet west of North Rose Drive), east to Lakeview Avenue, and then from Fairmont Boulevard, east to approximately 830 feet west of Village Center Drive;
• The median improvements from Fairmont Boulevard, east to approximately 830 feet west of Village Center Drive are shared with Zone A-7;
➢ Lakeview Avenue between Bastanchury Road and Piper Place; ➢ Fairmont Boulevard from Avenida Del Rey, south to Yorba Linda Boulevard; ➢ Valley View Avenue from Bastanchury Road to Brooklyn Avenue, (The median improvements are shared with Zone A-6); and
➢ Non-Assessed Local Improvements in this Zone include, but are not limited to:
• Parkways located on El Cajon Avenue, Prospect Avenue, 2nd Street, Orange Drive, Valley View Avenue, Casa Loma Avenue, Avocado Avenue, and Fairmont Boulevard; and
• Greenbelt/trail areas located generally near north of El Cajon Avenue between Valley View Avenue and Jamestown Drive; and south of Bastanchury Road and west of North Rose Drive.
Arterial Landscaping Zone A-8
The properties within this Arterial Landscaping Zone proportionately share and receive benefit from the maintenance, servicing, and operation of approximately 415,710 square feet of designated landscape improvement area that incorporates an estimated 48,360 square feet of irrigated median landscaping and 4,780 square feet non-irrigated/hardscape median area; 144,290 square feet of irrigated sloped/mostly-sloped landscaped area; and 218,280 square feet of flat/moderately-sloped landscaped area including 167,430 square feet of irrigated landscaping and 50,850 square feet of trails. Portions of the medians associated with this Zone are shared by properties in adjacent Zones (shared by Zones A-4 and A-7) and the median square footage presented above represents this Zone’s proportional allocation of the total square footage of those shared medians. In addition to the above square feet of improvements associated with this Zone, there are landscape improvements maintained by the City in various locations within the Zone that are not included as part of the improvements for which properties are assessed through the Arterial Landscaping Zone or any Local Landscaping Zone currently. The maintenance of these non-arterial right-of-way improvement areas are funded by the City. The improvement areas for which properties in this Zone receive special benefit are generally located in the following area(s):
➢ Yorba Linda Boulevard from Jefferson Street to Imperial Highway, (The median improvements are shared with Zone A-7);
➢ Imperial Highway from Yorba Linda Boulevard to Kellogg Drive, (The median improvements are shared with Zone A-4);
➢ Richfield Road from Yorba Linda Boulevard to Orchard Drive (southern City Limits); ➢ Lakeview Avenue from Buena Vista Avenue to Mariposa Avenue (southern City Limits); ➢ Buena Vista Avenue from Windemere Drive (western City Limits) to Imperial Highway; and
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
➢ Non-Assessed Local Improvements in this Zone include, but are not limited to:
• Parkways located on North Van Buren Street between Buena Vista Avenue and Alta Vista Street; and
• Greenbelt/trail area located north of Cascades.
Arterial Landscaping Zone A-9
The properties within this Arterial Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 785,340 square feet of designated landscape improvement area that incorporates an estimated 267,850 square feet of irrigated median landscaping and 3,080 square feet non-irrigated/hardscape median area; 289,580 square feet of irrigated sloped/mostly-sloped landscaped area; and 224,830 square feet of flat/moderately-sloped landscaped area including 133,830 square feet of irrigated landscaping and 91,000 square feet of non-irrigated improvements (49,070 square feet of natural vegetation or minimal-landscaped areas and 41,930 square feet of trails). Portions of the medians associated with this Zone are shared by properties in adjacent Zones (shared by Zones A-4, A-5, and A-7) and the median square footage presented above represents this Zone’s proportional allocation of the total square footage of those shared medians. In addition to the above square feet of improvements associated with this Zone, there is some flat/moderately-sloped improvements within the boundaries of the Zone that is maintained by the City but not included as part of the improvements for which properties are assessed through the Arterial Landscaping Zone or any Local Landscaping Zone currently. The maintenance of these non-arterial right-of-way improvement areas are funded by the City. The improvement areas for which properties in this Zone receive special benefit are generally located in the following area(s):
➢ Esperanza Road from Fairmont Boulevard, east to approximately 490 feet west of Hickory Drive (a point which is approximately 450 feet east of Paseo Del Prado and the boundary line between Zones A-2 and A-9);
➢ Yorba Linda Boulevard from Avenida Rio Del Oro, east to San Antonio Road (the boundary line between Zones A-2 and A-9),
• The median improvements between Avenida Rio Del Oro and a point approximately 750 feet west of Village Center Drive are shared with Zone A-7; • The median improvements from approximately 750 feet west of Village Center Drive to San Antonio Road are shared with Zone A-5;
➢ Village Center Drive from Yorba Linda Boulevard, south and west to Fairmont Boulevard; ➢ Paseo De Las Palomas from Fairmont Boulevard, east and north to Yorba Linda Boulevard; ➢ Fairmont Boulevard from Paseo De Las Palomas, south to Esperanza Road, (These median improvements are shared with Zone A-4).
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
Local Landscaping Zones
For fiscal year 2022/2023, the District includes thirty-three (33) designated Local Landscaping Zones including L-1 (A, through E), L-2 (A through V), L-3, L-4 (A and B), and L-5 (A, B and C).
The boundaries of each Local Landscaping Zone are established on the basis of the location, extent and types of improvements or similarities in the types of improvements being maintained through the District assessments as well as the particular and distinct benefits the various developments and properties derive from those improvements based on proximity to those specific improvements and the nexus between the development of the properties that required or facilitated the installation of those improvements. While most local landscaping improvements are specifically associated with specific developments or development areas, some improvements (most typically greenbelts and/or trails) may be located between two or more Zones and/or extend from one Zone to the next and those improvements may reasonably be considered shared improvements. In such cases, the special benefits and cost of providing such improvements are proportionately shared by parcels in each Zone. The following is a brief description and summary of the landscaped areas associated within each Local Landscaping Zone. A visual depiction of the location and extent of the landscape improvement areas and Zone boundaries are provided in "Part V- Assessment Diagrams" of this Report. In connection with these landscaped areas, the maintenance of the improvements within each Zone may also include various appurtenances such as entry monuments, fencing, retaining walls, ornamental lighting, signage, and related irrigation, drainage, and electrical equipment.
Local Landscaping Zone L-1A
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 1,665,390 square feet of designated landscape improvement area that incorporates an estimated 1,940 square feet of irrigated median landscaping and 740 square feet non-irrigated/hardscape median area; 1,346,870 square feet of sloped/mostly-sloped landscaped area including 1,332,620 square feet of irrigated landscaping and 14,250 square feet of non-irrigated area; and 315,840 square feet of flat/moderately-sloped landscaped area including 265,450 square feet of irrigated landscaped area and 50,390 square feet of trails.
Local Landscaping Zone L-1B
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 1,182,740 square feet of designated landscape improvement area that incorporates an estimated 1,310 square feet of irrigated median landscaping; 1,145,870 square feet of irrigated sloped/mostly-sloped landscaped area; and 35,560 square feet of irrigated flat/moderately-sloped landscaped area.
Local Landscaping Zone L-1C
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 849,680 square feet of designated landscape improvement area that incorporates an estimated 640,480 square feet of sloped/mostly-sloped landscaped area including 623,600 square feet of irrigated landscaping of which more than half is being maintained at a reduced service level, and 16,880 square feet of non-irrigated area which is also being maintained at a reduced service level; and 209,200 square feet of flat/moderately-sloped landscaped area including 41,490 square feet of irrigated landscaping, 107,210 square feet of non-irrigated landscaped area being maintained at a reduced service level, and 60,500 square feet of trails.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
Local Landscaping Zone L-1D
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 85,670 square feet of designated landscape improvement area that incorporates an estimated 75,060 square feet of sloped/mostly-sloped landscaped area of which 74,070 square feet is irrigated and 990 square feet is non-irrigated; and 10,610 square feet of flat/moderately-sloped landscaped area of which 9,490 square feet is irrigated landscaping and 1,120 square feet is trails.
Local Landscaping Zone L-1E
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 62,880 square feet of designated landscape improvement area that incorporates an estimated 6,120 square feet of irrigated sloped/mostly-sloped landscaped area; and 56,760 square feet of irrigated flat/moderately-sloped landscaped area.
Local Landscaping Zone L-2A
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 636,170 square feet of designated landscape improvement area that incorporates an estimated 577,550 square feet of sloped/mostly-sloped landscaped area including 558,650 square feet of irrigated landscaping and 18,900 square feet of non-irrigated area; and 58,620 square feet of irrigated flat/moderatelysloped landscaped area.
Local Landscaping Zone L-2B
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 649,870 square feet of designated landscape improvement area that incorporates an estimated 10,330 square feet of irrigated median landscaping; 493,730 square feet of irrigated sloped/mostly-sloped landscaped area; and 145,810 square feet of flat/moderately-sloped landscaped area that includes 47,350 square feet of irrigated landscaping and 98,460 square feet of trails.
Local Landscaping Zone L-2C
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 2,508,330 square feet of designated landscape improvement area that incorporates an estimated 163,950 square feet of irrigated median landscaping and 940 square feet non-irrigated/hardscape median area; 1,233,250 square feet of irrigated sloped/mostly-sloped landscaped area; and 1,110,190 square feet of flat/moderately-sloped landscaped area that includes 893,920 square feet of irrigated landscaping and 216,270 square feet of trails.
A portion of the landscaped area along the western boundary of Zone L-2C (that portion west of the concrete pathway) is reasonably considered a shared improvement area with the adjacent residential properties. A portion of this area is a drainage easement, and a portion is part of the adjacent residential development tract map but was landscaped as part of the East Lake development (Zone L-2C). The adjacent residential tract is not part of a Local Landscaping Zone and the cost to maintain this area will be funded equally by Zone L-2C assessments and the City.
For purpose of calculating the proportional special benefits, the square footages presented above includes this Zone’s proportional allocation of the square footage in this area. In total, this Zone’s proportional share of the improvement area is approximately 32,000 square feet of improvement
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023
area that includes an estimated 7,210 square feet of irrigated sloped/mostly-sloped area; 24,610 square feet of irrigated flat/moderately-sloped landscaped area; and 180 square feet of pathway and/or trails.
Local Landscaping Zone L-2D
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 844,720 square feet of designated landscape improvement area that incorporates an estimated 1,680 square feet of irrigated median landscaping; 771,580 square feet of irrigated sloped/mostly-sloped landscaped area; and 71,460 square feet of flat/moderately-sloped landscaped area including 44,840 square feet of irrigated landscaping and 26,620 square feet trails.
Local Landscaping Zone L-2E
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 210,970 square feet of designated landscape improvement area that incorporates an estimated 124,020 square feet of sloped/mostly-sloped landscaped area of which 107,110 square feet is irrigated and 16,910 square feet is non-irrigated area; and 86,950 square feet of flat/moderately-sloped landscaped area that includes 37,200 square feet of irrigated landscaping and 49,750 square feet of trails.
Portions of the designated landscaping improvement areas associated with this Zone are shared with properties in Zones L-2F and L-2U (specifically the parkway side-panel improvements on Village Center Drive) and the square footages presented above represents this Zone’s proportional special benefit allocation of the total square footage of those shared improvement areas based on the proportional equivalent benefit units in each Zone.
Local Landscaping Zone L-2F
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 80,350 square feet of designated landscape improvement area that incorporates an estimated 30,700 square feet of sloped/mostly-sloped landscaped area of which 30,070 square feet is irrigated and 630 square feet is non-irrigated area; and 49,650 square feet of flat/moderately-sloped landscaped area of which 16,930 square feet is irrigated and 32,720 square feet is non-irrigated (1,580 square feet of natural vegetation or minimal-landscaped areas and 31,140 square feet of trails).
Portions of the designated landscaping improvement areas associated with this Zone are shared with properties in Zones L-2E and L-2U (specifically the parkway side-panel improvements on Village Center Drive); with properties in Zone L-2U (specifically the parkway side-panel entryway improvements on Manzanita Avenue); and with properties in Zones L-2S, L-2T and L-2U (specifically the connecting trail area within and adjacent to these Zones). The square footages presented above represents this Zone’s proportional special benefit allocation of the total square footage of these shared improvement areas based on the proportional equivalent benefit units in each Zone.