Yorba Linda City Council
November 15, 2022

RESOLUTION NO. 2022-5828
PAGE NO. 6
1512.2 Climatic
3109.2 Topographical
3109.3 Topographical
NFPA13 Topographical & Geological
NFPA13D Topographical & Geological
NFPA24 Geological

CALIFORNIA RESIDENTIAL CODE

CODE SECTION FINDINGS
Table R301.2(1) Climatic & Geographical
R301.9 Climatic & Topographical
R309.6 Climatic & Topographical
R313.1 Climatic & Topographical
R313.2 Climatic & Topographical
R313.3.6.2.2 Climatic & Topographical
R319.1 Topographic
R337.1.3 Climatic & Topographical
R337.1.7 Climatic & Topographical
R902.1 Climatic
R902.1.2 Climatic
R902.2 Climatic
R908.3 Climatic
R908.4 Climatic
R1001.14 Climatic
R1001.14.1 Climatic
R1001.14.2 Climatic
NFPA13 Topographical & Geological
NFPA13D Topographical & Geological
NFPA24 Geological

CALIFORNIA FIRE CODE

CODE SECTION FINDINGS
304.1.2 Climatic
305.6 Climatic & Topographical
305.7 Climatic & Topographical
307 Climatic & Topographical
307.6 Climatic & Topographical
307.6.1 Climatic & Topographical
307.6.2 Climatic & Topographical
307.6.2.1 Climatic & Topographical
324 Climatic
325 Climatic
326 Climatic
327 Climatic
327.1 Climatic

RESOLUTION NO. 2022-5828
PAGE NO. 7
327.2 Climatic & Topographical
407.5 Climatic & Topographical
501.1 Climatic, Topographical & Geological
510.1 Climatic, Topographical & Geological
903.2 Climatic, Topographical & Geological
903.2.8 Climatic, Topographical & Geological
903.3.5.3 Climatic & Topographical
2808.2 Climatic
2808.3 Climatic
2808.4 Climatic
2808.7 Climatic
2808.9 Climatic
2808.11 Climatic
2808.11.1 Climatic
2808.11.2 Climatic
2808.12 Climatic
2808.13 Climatic
2808.14 Climatic
2808.15 Climatic
2808.16 Climatic
4903.3 Climatic
5001.5.2 Climatic and Geological
5003.1.1.1 Climatic and Geological
5801.1 Climatic & Topographical
NFPA13 Topographical & Geological
NFPA13D Climatic & Topographical
NFPA24 Geological

CALIFORNIA ELECTRICAL CODE

CODE SECTION FINDINGS
110.5 Climatic
422.10 Climatic

CALIFORNIA PLUMBING CODE

CODE SECTION FINDINGS
610.8 Climatic
D101.1 Climatic
H1101.0 Climatic
Additional amendments have been made to the California Building Code 2022 Edition, the California Residential Code, 2022 Edition, the California Electrical Code, 2022 Edition, the California Mechanical Code, 2022 Edition, the California Plumbing Code, 2022 Edition, the California Fire Code, 2022 Edition, and the California Green Building Standards, 2022 Edition. On the recommendation of the Building Division and Orange

RESOLUTION NO. 2022-5828
PAGE NO. 8
County Fire Authority, such amendments are hereby found to be either administrative or procedural in nature or concern themselves with subjects not covered in the Codes. The changes made include provisions making each of the said Codes compatible with other Codes enforced by the City.

Section 3
The Building Division shall file copies of this Resolution and Ordinance Numbers: 2022- 1094, 2022-1095, 2022-1096, 2022-1097, 2022-1098, 2022-1099, 2022-1100, 2022- 1101, 2022-1102, 2022-1103 and 2022-1104 with the California Building Standards Commission as required by Health and Safety code Section 17958.7.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 15th day of November 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. 2022-5828
PAGE NO. 9

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 15th day of November 2022, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS: Campbell, Haney, Hernandez, Huang, Rodriguez NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

CITY CLERK'S OFFICE
DATE: NOVEMBER 15, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COMMISSION VACANCIES

RECOMMENDATION
It is recommended that the City Council direct staff to advertise and recruit for vacancies on City Commissions.

BACKGROUND
Per City Council Ordinance No. 2014-1010 and Resolution No. 2014-5289, all appointments to fill vacancies for expired Commission seats shall occur each January immediately following a regularly scheduled City Council election. There are eleven seats whose terms are expiring at the end of this year, including two seats which are termed out. Staff will proceed with the regular recruitment process to fill the eleven vacancies on the Library, Parks and Recreation, Planning and Traffic Commissions by advertising the vacancies in the North County News-Tribune, the Government Access Channel 3 and the City’s web page.

The recruitment period will be from November 16 through December 16, 2022, with interviews scheduled shortly thereafter.

ALTERNATIVES
Do not proceed with the recruitment process to fill the vacancies on the four City Commissions and give further direction to staff.

ATTACHMENTS

1. Local Appointment List

PUBLIC NOTICE

LOCAL APPOINTMENTS LIST
NOTICE IS HEREBY GIVEN that the City of Yorba Linda encourages residents to apply for positions on City Commissions. The Commissions are appointed by and serve at the pleasure of the City Council.

At the end of each year the City Clerk's Department posts a list of the names of members appointed to each of the City Commissions, the necessary qualifications for the positions, and dates of their appointment and expiration.

NAME ORIGINAL TERM 12 YEAR
APPOINTMENT EXPIRATION EXPIRATION___________
LIBRARY COMMISSION - Four-year terms, 3 terms; members must be legal residents within the City of Yorba Linda at the time of appointment and during their tenure in office.

Ryan Bent 03-17-15 12-31-22 2026
James Granitto 01-08-19 12-31-22 2030
Michael Habashi 01-26-21 12-31-24 2036
Alexander Hernandez 01-26-21 12-31-24 2036
Kenneth Tam 01-26-21 12-31-24 2036
PARKS AND RECREATION COMMISSION – Four-year terms, 3 terms; members must be legal residents within the City of Yorba Linda at the time of appointment and during their tenure in office.

Doug Dickerson 11-26-13 12-31-22 2026
Tim Garvey 02-06-17 12-31-24 2028
Janice Lim 02-06-17 12-31-24 2028
Rachel McLure 08-21-18 12-31-22 2026
Erin Hamilton 01-14-19 12-31-22 2030
PLANNING COMMISSION – Four-year terms, 3 terms; members must be legal residents within the City of Yorba Linda at the time of appointment and during their tenure in office.

Karalee Darnell 01-17-12 12-31-22 2022
Robert Pease II 11-26-13 12-31-24 2024
Don Bernstein 06-16-18 12-31-22 2026
Michael Masterson 09-18-18 12-31-22 2026
Shivinderjit Singh 02-17-21 12-31-24 2036
TRAFFIC COMMISSION – Four-year terms, 3 terms; members must be legal residents within the City of Yorba Linda at the time of appointment and during their tenure in office.

Nathaniel S. Behura 04-14-09 12-31-22 2022
Matthew Cugini 01-14-19 12-31-22 2030
Dennis Equitz 01-14-19 12-31-22 2030
Anthony Johnson 07-29-19 12-31-24 2032
Sean Phayakapong 02-17-21 12-31-24 2032

FINANCE DEPARTMENT
DATE: NOVEMBER 15, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIANNA HONEYWELL, FINANCE DIRECTOR / CITY TREASURER SUBJECT: LIBRARY AND CULTURAL ARTS CENTER FURNITURE, FIXTURE AND

EQUIPMENT CLOSEOUT

RECOMMENDATION
It is recommended that the City Council receive and file this report.

BACKGROUND
At the October 15, 2019 City Council meeting, the City Council temporarily waived the requirement that City Council awards contracts for non-public projects of $75,000.01 or more per Yorba Linda Municipal Code section 3.04.080(E) and authorized staff to award all non-public contracts related to the Library & Cultural Arts Center furniture, fixtures and equipment procurements. The report stated that staff would return to the City Council at the conclusion of the procurement process to provide a final accounting of these expenditures.

This report will summarize the final costs for the furniture, fixtures and equipment procured for both the Library and the Cultural Arts Center.

DISCUSSION
The budget set forth in the original report taken to Council in October 2019 for the furniture, fixtures and equipment for the Library and Cultural Arts Center was $3,410,123 plus a 15% contingency. Once quotes were obtained, a total of $3,159,667.40 was anticipated to be spent on furniture, fixtures and equipment for both sites. At the close of the project, the total amount spent was $2,680,240.11 and is broken down as follows:

Library Furniture Fixtures and Equipment $2,169,061.07
Cultural Arts Center Furniture Fixtures and Equipment 511,179.04 Total Furniture Fixtures and Equipment $2,680,240.11
There was a total of $468,331 originally budgeted for furniture, fixtures and equipment that was transferred to the construction budget. These items were originally identified as furniture, fixtures and equipment but were more appropriately classified as part of the construction budget. These items mainly included Library and Cultural Arts Center signage ($296,700) and Library shelving and book stack systems ($171,631).

LIBRARY AND CULTURAL ARTS CENTER FURNITURE, FIXTURE AND EQUIPMENT

CLOSEOUT
P a g e | 2
The grand total spent on the construction, furniture, fixtures, and equipment of the Library and Cultural Arts Center was $50,333,074. This is $324,895 less than the total amount budgeted for this project.

FISCAL IMPACT
Currently there is no fiscal impact. All costs have been budgeted and incurred in past fiscal years.

PUBLIC WORKS DEPARTMENT
DATE: NOVEMBER 15, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS / CITY ENGINEER PREPARED BY: REGINA HU, P.E., PRINCIPAL CIVIL ENGINEER
SUBJECT: APPROVAL OF FINAL TRACT MAP NO. 18123 (SHEA HOMES “SAFFRON”)

RECOMMENDATION
It is recommended that the City Council:
(1) Approve Final Tract Map No. 18123 and authorize the City Clerk to certify the record map upon completion of any technical corrections required by the City Engineer.

BACKGROUND
Developer: SHEA HOMES
Number of Parcels: 23 numbered lots
Acreage: 12.10 Net Acres (13.10 Gross Acres)
Zoning: R-PD (1.77 du/ac)
Single Family Residential – Planned Development
The project site is located along Bastanchury Road and is bounded by Lakeview Avenue on the north, Casa Loma Avenue to the west, Eureka Avenue to the east, as illustrated in Attachment 1.

DISCUSSION
Municipal Code requirements pertaining to subdivisions (Tract Maps and/or Parcel Maps) are governed by the Subdivision Map Act (State of California Government Code § 66410 – 66499.58), and Title 17 (Subdivisions of Land) of the Yorba Linda Municipal Code.

Furthermore, all subdivision maps shall comply with the provisions of the City Zoning Code, and all other ordinances, statutes and laws pertaining to the use, sale, leasing, or subdivision of land.

The conditions of approval as approved in Planning Commission Resolution No. 5455 for Amended Vesting Tentative Tract Map (VTTM) No. 18123 require the posting of a security

A P P R O V A L O F F I N A L T R A C T M A P N O . 1 8 1 2 3 ( S H E A H O M E S “ S A F F R O N ” )
P a g e | 2
to ensure completion of improvements in conformance with the street improvement plans to the satisfaction of the City Engineer. City Council approved the Subdivision Improvement Agreement and accepted security bonds for VTTM No. 18123 on July 19, 2022. With substantial completion of storm drain and interior roadway improvements, portions of the security bonds were reduced on October 18, 2022 by the City Council.

The final street improvement and grading plans to be constructed in the public right-of-way and on-site have been reviewed and signed by the City Engineer. The Final Tract Map 18123 was reviewed by staff and the City’s consultant surveyor (City Surveyor) and is in substantial conformance with VTTM No. 18123. All fees that are required prior to map recordation have been paid by the applicant.

Approval of a Tract Map is a ministerial action under the Subdivision Map Act and the City’s municipal code since the following conditions have been met:
 Compliance with the conditions imposed by the City with the approval of the VTTM No. 18123.
 Substantial conformance with the approved VTTM.
 Substantial completeness of the Final Tract Map submitted.

It is therefore recommended that the City Council approve Final Tract Map No. 18123 (Attachment 2).

FISCAL IMPACT
The costs of processing, filing, and recording these documents will be recovered from developer deposits currently on account with the City. Any remaining balance will be refunded upon project closeout. All required site improvements will be constructed at the developer’s expense.

ALTERNATIVES
The proposed recommendation to accept the Final Tract Map is a ministerial (nondiscretionary) action as all conditions required prior to the acceptance and recordation of the Final Tract Map related to this development have been fulfilled.

ATTACHMENTS
Attachment 1 - Vicinity Map
Attachment 2 - Final Tract Map No. 18123

City of Yorba Linda
Public Works
7/19/2022
ATTACHMENT 1
Vicinity Map
Source: City of Yorba Linda, 2021 Vicinity Sites Page 287 of 396

ACCEPTED AND FILED AT THE

REQUEST OF
{
FIRST AMERICAN TITLE COMPANY }
DATE:{ } {}
{
}TIME:{ } {} FEE:{ }
{
}INSTRUMENT NO.{ } {}
{
}BOOK{ }PAGE{ }
{
}HUGH NGUYEN

COUNTY CLERK - RECORDER
BY:{ }
DEPUTY
L.S. 9106

NOTARY ACKNOWLEDGMENT
ON { }, BEFORE ME, { }, NOTARY PUBLIC,
PERSONALLY APPEARED { },

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND

ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. {
}I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF { } THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. {
}WITNESS MY HAND:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

SIGNATURE

NOTARY PUBLIC IN AND FOR SAID STATE PRINT NAME
{
MY COMMISSION NO: MY COMMISSION EXPIRES:

MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY.}

NOTARY ACKNOWLEDGMENT
ON { }, BEFORE ME, { }, NOTARY PUBLIC,
PERSONALLY APPEARED { },

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND

ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. {
}I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF { } THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. {
}WITNESS MY HAND:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

SIGNATURE

NOTARY PUBLIC IN AND FOR SAID STATE PRINT NAME
{
MY COMMISSION NO: MY COMMISSION EXPIRES:

MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY.}
P.L.S. 5301
\pxi-3,l3;{\C3;OCTOBER 10, 2022}

N89°21'11"W
1023.28'
557.43' M. & R1
N00°28'38"E 557.43'
L3
219.13' [219.07']
N89°21'11"W 1302.41' (1302.43' R3)
642.72' (642.70' R3)
423.59' (423.61' R3)
N89°40'35"W 1083.27'
750.94'
N00°28'36"E 1338.37' (1338.33' R3)
782.43' (782.47' R4)
L1
N00°28'38"E 1332.26' \{1332.34'\}
L2
1 2
3 4
5 6
8 9
10 11
12 13
14 15
16 17
18 19
1 2
3 4
5 6
8 9
10 11
12 13
14 5
4 2
3 1
8 LOT 3
LOT 4 (PORTION)
BLOCK 6
YORBA LINDA TRACT MM 5/17-18
\pxqc;TRACT NO. 15572 M.M. 871 / 11-18 \pxqc;TRACT NO. 17079 M.M. 888 / 24-31 N89°21'37"W
187.76' \{187.74'\}
N89°21'11"W 1023.28'

CGPS STATION
GPS# 'CCCS'
NORTH: 2261350.67
EAST: 6071417.81 CGPS STATION
GPS# 'OEOC'
NORTH: 2225550.98
EAST: 6107583.77 53915.92' (TIE)
50888.49' (50888.06' GRID)
18230.71' (TIE)
(BASIS OF BEARING)
SNF, ESTABLISHED AT RECORD DISTANCE 557.43' PER R1.

BASTANCHURY ROAD
{(FORMERLY CITRUS AVENUE)}

EUREKA AVENUE

CASA LOMA AVENUE
\pxqc; CASA LOMA AVENUE

PACIFIC
60'
50' 30'50' 30'
TRACT NO. 4032
TRACT NO. 15611 M.M. 814/47-49
423.59' [423.43']
3 659.67' (659.68' R3) 423.60' (423.61' R3)
AVENUE
N00°28'36"E 1335.98' M. & R3
423.59' [423.43']
60'
1083.28' [1083.43']
L2
557.43' M. & R1
ESTABLISHED 60' & PARALLEL WITH W'LY LINE OF LOT 3, PER R1 659.69' (659.73' R3)
1083.28' (1083.34' R3)
744.83'
519.83' (519.80' R4) 225.00'

EUREKA AVENUE
6 M.M. 157/42-43
ESTABLISHED PARALLEL AND 557.73' N'LY FROM THE S'LY LINE OF LOTS 3 & 4, PER R1 L4 L5
SW CORNER LOT 3, BLOCK 6, PER R5.

W'LY LINE OF LOT 4, BLOCK 6 OF R5, ESTABLISHED BY PROPORTION ESTABLISHED AS THE EAST LINE OF THE WEST 423.43' BETWEEN MONUMENTS 2 AND 8 \pxql;W'LY LINE OF LOT 3, BLOCK 6 OF R5, ESTABLISHED BETWEEN MONUMENTS 4 AND 7 1 2
1 2
782.43'
SEE DETAIL 'B' ON SHEET 4
0SCALE: 1"= ' 100' 200'
100
50'
3 4
5 6
8 NO. BEARING DISTANCE
L1 N00°28'38"E 30.00'
L2 N89°21'11"W 60.00'
L3 N00°28'36"E 30.00'

LINE TABLE (THIS SHEET ONLY)
A
B
C
D
2 1
1 E
L4 N89°21'11"W 219.48' M. & R3
L5 30.00'
2 3
F

{4
}14,735S.F.

TRACT NO. 4032 M.M. 157/42-43
TRACT NO. 15611 M.M. 814/47-49
1 2
3 4
5 6
1 2
3 4
5 6
7 8
9 10
{ BASTANCHURY ROAD
(FORMERLY CITRUS AVENUE)}
{ SAFFRON LANE(PRIVATE STREET)}
{ CLOVE DRIVE
(PRIVATE STREET)}
{(PRIVATESTREET)}
{ LEMONGRASS AVENUE
(PRIVATE STREET)}
{ LEMONGRASS AVENUE(PRIVATE STREET)}
\pxsm0.8,qc;{\C4; CILANTRO COURT}
F
D
C
F
F
B
C
D
D
D
60'
60'
30'
40'
30'
40'
40'
20' 20' 20' 20'
40'
20' 20'
40'
20' 20'
20' 20'
40'
20' 20'
15'
15'
7'
7'
7'
7' 7'
7'
7' 7'
7'
10'
25'
25'
10'
10'10'
10'10'
10'
10'

14.00'
L27
L28
L27

14.00'
14'14'14'14'
1 1

60.00'
7'
E
E
E
16' 16'
16' 16'
6'
2'
2'
VARIES
VARIES
6'
20'
2 2 2 N00°39'03"E 196.55' N00°39'03"E 186.27' N00°39'03"E 176.00' N00°39'03"E 168.51' N00°39'03"E 168.51' N00°39'03"E 174.71' N00°39'03"E 182.00' N00°39'03"E 189.49'

67.51' 80.00' 80.00' 80.00' 80.00' 80.00' 80.00' 80.00' 850.67'
N89°21'11"W 1023.28'

54.00' 54.00'
350.23'
N89°20'57"W 296.23'

34.76'

17.67'

80.40' 81.60' 81.80'

14.10'
N00°39'03"E 166.39'
N00°39'03"E 182.28'
N00°39'03"E 182.30'
N00°39'03"E 178.35'
N00°39'03"E 175.99'
N00°39'03"E 180.26'
N89°20'57"W 133.58'
N89°20'57"W 157.84'
N89°20'57"W 162.09'
N89°20'57"W 159.51'
N00°52'53"W
176.07'

89.78' 43.80'
N00°39'03"E 168.51'N00°39'03"E 168.51'N00°39'03"E 168.51'

87.67' 80.84'
N89°21'11"W 1023.28'
N89°21'11"W 377.60'
N89°21'11"W 535.69'
N00°39'03"E 280.41'

49.50' 67.00'
L1 L1
L3 L2

55.00' 55.00'
L6
L5 L5
L4
L9 L9
L8 L8
L10L10
N88°53'28"W

78.93'
N87°52'47"E

81.70'
N89°20'00"W

80.40'
N89°26'40"W

80.40'
N89°12'28"W

81.00'
N89°09'52"W

75.55'
163.84'
L24 L11
N83°57'27"E

66.42'
N85°18'06"E

80.35'
N85°26'38"E

80.33'
N89°20'57"W

80.00' N86°13'16"E

80.24'
N84°00'08"W

80.35'
N82°01'41"W

80.66'
N82°01'41"W

80.66'
N80°13'28"W

66.28'

98.26'
650.56' 432.72'
N89°21'11"W
219.13'
N89°21'37"W
187.76'
N89°21'11"W 1083.28' 547.43'

10.00'
N00°28'38"E 557.43'
204.63'
L23

20.45'

10.00'
196.38' 330.60'
N00°39'03"E 172.84'
C13
N28°27'23"E (R)
L16
L15
L17
N89°33'24"E (R)
L12

65.31' L14
L13
N00°26'02"W

89.02' 85.04' 84.88'
C14
165.56'
L18
155.42'

10.14'

7.05'
L20
479.82' 355.85'

15.00'
L19
L22
N00°28'38"E 1302.26'
N00°28'36"E 1308.37'
557.43'
L26L25
N89°21'11"W

60.00'
750.94'
(TO CASA LOMA AVENUE) \pxt10;(TO EUREKA AVENUE)
SEE SHEET 4 FOR EASEMENT DETAIL SEE SHEET 4 FOR EASEMENT DETAIL SEE SHEET 4 FOR EASEMENT DETAIL
SEE SHEET 4 FOR EASEMENT DETAIL
N89°21'11"W 530.73'
N89°21'11"W 372.56'
L26
L29 L29
N85°55'05"W (R)

89.20' 86.40' 81.00'

5.07'
N82°27'23"W

67.64'
N85°59'22"W

81.14'
N88°02'03"W

86.42'
N89°15'53"E

77.78'
N00°39'03"E 191.28'
N00°39'03"E 193.27'
N00°39'03"E 198.02'
N89°20'57"W 275.77'
333.77'
N89°20'57"W 684.00'
N89°20'57"W 688.00'

60.49'
N89°20'57"W 688.00'
N89°20'57"W 684.00'
N89°20'57"W 680.00'
N00°39'03"E 168.51'N00°39'03"E 168.51'N00°39'03"E 168.51' L21
186.74'
C20
SEE DETAIL 'A' ON SHEET 4
SEE SHEET 5 FOR EASEMENT DETAIL SEE SHEET 5 FOR EASEMENT DETAIL 3 3 3
3 3
3 A
A A
A
A
A
C
1 FOR BASIS OF BEARINGS, DATUM STATEMENT, MONUMENT NOTES, RECORD REFERENCES, {\A1;SURVEYOR'S }NOTES, LEGEND, EASEMENT NOTES AND BOUNDARY ESTABLISHMENT SEE SHEET 2.

LINE TABLE (THIS SHEET ONLY)
NO. BEARING DISTANCE
L1 N00°38'49"E 40.00'
L2 38.54'
L3 38.54'
L4 N89°20'57"W 55.00'
L5 N89°20'57"W 7.00'
L6 N89°20'57"W 41.00'
N00°39'03"E 3.74'
L8 N00°39'03"E 36.38'
L9 N89°20'57"W 24.50'
L10 N00°39'03"E 20.00'
L11 4.15'
L12 N36°12'11"W 3.45'
L13 N00°39'03"E 5.85'
L14 15.70'
L15 8.92'
L16 41.37'
L17 22.01'
L18 43.40'
L19 N36°26'43"W 20.89'
L20 16.98'
L21
L22 N89°31'26"W 24.04'
L23 N81°58'40"E 41.16'
L24 17.25'
L25 N00°28'36"E 30.00'
L26 N00°28'38"E 30.00'

CURVE TABLE (THIS SHEET ONLY)
NO. RADIUS DELTA LENGTH
C1 49.50' 36.75'
C2 45.50' 81°22'21" 64.62'
C3 49.50' 38°50'08" 33.55'
C4 29.50' 90°00'00" 46.34'
C5 49.50' 38°50'09" 33.55'
C6 45.50' 81°22'22" 64.62'
C7 29.50' 90°00'00" 46.34'
C8 49.50' 90°00'00" 77.75'
C9 69.50' 90°00'00" 109.17'
C10 69.50' 33.73'
C11 69.50' 18°12'48" 22.09'
C12 69.50' 52.02'
C13 69.50' 1.33'
C14 69.50' 4.16'
C15 69.50' 48°34'17" 58.92'
C16 69.50' 46.09'
C17 29.50' 29.71'
C18 29.50' 32°17'38" 16.63'
C19 29.50'
C20 29.50'
C21 69.50'

CURVE TABLE (THIS SHEET ONLY)
NO. RADIUS DELTA LENGTH

CURVE TABLE (THIS SHEET ONLY)
NO. RADIUS DELTA LENGTH

LINE TABLE (THIS SHEET ONLY)
NO. BEARING DISTANCE

LINE TABLE (THIS SHEET ONLY)
NO. BEARING DISTANCE
L27 N00°39'03"E 26.00'
L28 N89°21'11"W 120.00'
L29 N00°39'03"E 12.51'

37.51'

24.58'

21.75'

56.88'
0SCALE: 1"= ' 50' 100'
50 25'

F
B
{\C1;4}
{\C1;7}
{ BASTANCHURY ROAD
(FORMERLY CITRUS AVENUE)}
{ SAFFRON LANE(PRIVATE STREET)}
{ CLOVE DRIVE
(PRIVATE STREET)}
{ LEMONGRASS AVENUE
(PRIVATE STREET)}
{ CILANTRO COURT(PRIVATE STREET)}
F
C
C
C
C
D
D
D
D
D
1 1
N89°20'57"W 305.42'
437.43'
N89°21'11"W 72.62'
190.42'
N00°39'03"E 174.48'
155.42'
N89°21'11"W 1023.28'
N89°20'57"W 684.00'
350.23'
650.56'
N00°39'03"E 280.41'
204.63'
N89°21'11"W 1023.28'
N89°21'11"W 1083.28'

21.69'

66.50'
N89°20'57"W 158.24'
133.58'

89.78' 43.80'
N89°12'28"W

81.00'
N89°09'52"W

75.55'
163.84'
L3
L4
L5
N00°39'03"E 172.84'
N00°39'03"E 166.39'
10'
15'
15'
20'
10'

7.05'
165.56'

10.14'

98.26'
N89°21'11"W 535.69'
L1
L2
N00°28'38"E 557.43'
547.43' 10.00'
L6
N38°17'44"W (R)

26.25'

20.00'
N28°27'23"E (R)
13'
13'

12.5' 12.5'

12.5' 12.5'

12.5' 12.5'
283.73'

12.5' 12.5'

12.5' 12.5'
25'
25'
N00°39'03"E
7' 7'
7'
7'
7'
7' 7'
7'
14'14'

0.5'

0.5'
15'
10'
L11
L8
L13
L12
L10 L10
L9 L9 L9 L9
N00°28'38"E 189.63'
30'30'
10'10'10'
2 2

34.29'
A
A
A
10'
1 12.5'

37.51'
7'
2'
2'

7.00'

5.00'
7'
E
D
D
A
A
NO. BEARING DISTANCE
L1 25.89'
L2 N00°39'03"E 38.86'
L3 8.92'
L4 41.37'
L5 22.01'
L6 N36°12'11"W 3.45'
NO. RADIUS DELTA LENGTH
C1 22.50' 38°56'33" 15.29'
C2 22.50' 89°59'46" 35.34'
C3 22.50' 90°00'00" 35.34'
C4 22.50' 17.67'
C5 45.00' 35°57'17" 28.24'
C6 69.50' 18°12'48" 22.09'

LINE TABLE (THIS SHEET ONLY)

CURVE TABLE (THIS SHEET ONLY)
SEE SHEET 3 SEE SHEET 3 SEE SHEET 3
0SCALE: 1"= ' 40' 80'
40 20'
DETAIL "A"
{NO SCALE}

46.08'
L8 N89°20'57"W 14.38'
L9 N00°39'03"E 8.00'
L10 N89°20'57"W 3.00'
L11 N89°20'57"W 73.67'
L12 N89°20'57"W 66.62'
L13 N89°20'57"W 81.00'

EASEMENT DETAIL
FOR BASIS OF BEARINGS, DATUM STATEMENT, MONUMENT NOTES, RECORD REFERENCES, {\A1;SURVEYOR'S }NOTES, LEGEND, EASEMENT NOTES AND BOUNDARY ESTABLISHMENT SEE SHEET 2.

C7 76.50' 15.04'

71.61'

32.77'

53.91' 58.54'
N58°31'56"W

0.12'
FOUND LEAD & TACK IN TOP OF CURB PER R7 FOUND LEAD & TACK IN TOP OF CURB PER R7 FOUND LEAD & TACK IN TOP OF CURB PER R7
FOUND LEAD & TACK IN TOP OF CURB PER R7
FOUND GEAR SPIKE & WASHER "LS 5411" PER R7 {\H0.99992x;SET SPIKE & WASHER "LS 9106" AT RECORD POSITION PER R7} DETAIL "B"
{NO SCALE}

BASTANCHURY ROAD
{(FORMERLY CITRUS AVENUE)}
\pxqc; CASA LOMA AVENUE

N89°21'11"W 1023.28'
367.48'
N00°39'03"E 280.41'
350.23' 333.77'
L18
L1
L3
L2
104.86'
N89°20'57"W 108.50'
L4
L8
L9
L10
L11 L13
L16 L17
L5
L6 L12
L14
L15
N89°20'57"W

58.73'
N89°20'57"W

59.70'
N89°20'57"W

83.25'
L20
L21
L20
L19
N89°20'57"W 684.00'
6'
6'
6'
6' 6'
6'
6'
6'
{ BASTANCHURY ROAD
(FORMERLY CITRUS AVENUE)}
{ SAFFRON LANE(PRIVATE STREET)}
{ CLOVE DRIVE
(PRIVATE STREET)}
N00°39'03"E
\A1;7.50'
\A1;10'
\A1;10' \A1;8.50'
\A1;22'
\A1;8.50'
\A1;6'
30'30'
3 3
3 3
FOR BASIS OF BEARINGS, DATUM STATEMENT, MONUMENT NOTES, RECORD REFERENCES, {\A1;SURVEYOR'S }NOTES, LEGEND, EASEMENT NOTES AND BOUNDARY ESTABLISHMENT SEE SHEET 2. 0SCALE: 1"= ' 30' 60'
30 15'
NO. BEARING DISTANCE
L1 46.89'
L2 N00°39'03"E 5.96'
L3 N89°20'57"W 5.50'
L4 N00°39'03"E 49.64'
L5 N89°20'57"W 4.00'
L6 N00°39'03"E 9.41'
N89°20'57"W 61.70'
L8 N30°37'28"E 7.01'
L9 N00°39'03"E 12.08'
L10 N89°20'57"W 5.25'
L11 N00°39'03"E 29.00'
L12 N89°20'57"W 4.50'
L13 N00°39'03"E 36.91'
L14 N89°20'57"W 64.27'
L15 N00°39'03"E 7.00'
L16 N89°20'57"W 16.43'
L17 N78°40'01"E 7.22'
L18 N00°39'03"E 47.00'
L19 N00°39'03"E 8.50'
L20 N00°39'03"E 7.00'
L21 N89°20'57"W 6.82'

LINE TABLE (THIS SHEET ONLY)
SEE SHEET 3 SEE SHEET 3

PUBLIC WORKS DEPARTMENT
DATE: NOVEMBER 15, 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: APPROPRIATE FUNDS FOR REIMBURSEMENT UNDER TERMS OF

SUBDIVISION IMPROVEMENT AGREEMENT WITH ZELMAN

DEVELOPMENT COMPANY AND SUBSEQUENTLY AUTHORIZE

TERMINATION OF AGREEMENT

RECOMMENDATION
It is recommended that the City Council:
1) Approve a budget appropriation in the amount of $68,268.24 from the General Fund reserves (101) for reimbursement to the Zelman Development Company under the terms of the Subdivision Improvement Agreement; and
2) Authorize termination of the Subdivision Improvement Agreement.

BACKGROUND
On November 15, 2016, the City Council approved the Town Center Final Parcel Map No. 2015-113 and Subdivision Improvement Agreement for the development of the Town Center site located on the northeast corner of Yorba Linda Boulevard and Imperial Highway.

The Subdivision Improvement Agreement (SIA) obligated Zelman Development Company (Zelman) to construct certain works of public improvements (including Valencia Avenue, School Street, and portions of Arroyo Way). The SIA also authorizes reimbursement by the City to the developer of certain costs for public works of improvement that were conditions of regulatory approval for the project. Pursuant to Section 19.1 of the SIA, both design and construction costs for the aforementioned public improvements are eligible for reimbursement. The amounts for actual design and construction costs have been fully reconciled and returned to Zelman. However, the permit, plan review, and inspection costs for these public improvements are also subject to reimbursement to the developer. Both the public and private improvements tied to Parcel Map No. 2015-113 have been completed and the warranty bonds were released in December 2021. The permit, plan review, and inspection costs have recently been reconciled and Zelman is requesting an amount due to them that is consistent with the costs for permit, plan review, and inspection for which Zelman had originally deposited with the City at the time of original permit submittal.

A P P R O P R I A T E F U N D S F O R R E I M B U R S E M E N T U N D E R T E R M S O F

S U B D I V I S I O N I M P R O V E M E N T A G R E E M E N T W I T H Z E L M A N

D E V E L O P M E N T C O M P A N Y A N D S U B S E Q U E N T L Y A U T H O R I Z E

T E R M I N A T I O N O F A G R E E M E N T
P a g e | 2

DISCUSSION
Staff has reviewed the terms of the SIA along with the details of the expenditures and the requested reimbursement amounts. The expenditures are legitimate costs used to review and inspect the public improvements constructed by the developer. The terms and conditions of the SIA have been met and the services being sought for reimbursement are complete. Both Labor and Materials and Faithful Performance Bonds were released in December 2021 as the improvements had been accepted by the City and the warranty period had expired. There are no further obligations by City or Zelman as it relates to the subject agreement. Therefore, termination of the SIA is also being requested as part of the City Council action on this agenda item.

FISCAL IMPACT
The original deposit received from Zelman was placed into a revenue account during a prior Fiscal Year as a part of the improvement deposit fee process. Because the obligated improvements were not completed during the same fiscal year in which they were deposited, they were returned to the fund balance. As such, the reimbursable amount of $68,268.24 will need to be appropriated from the General Fund Reserves from which it was originally returned (General Fund 101). Therefore, staff recommends an appropriation of $68,268.24 with a corresponding increase to the Public Works Project Development budget for contractual services (1010310-433950) out of which account the reimbursement will be made to the developer.

ALTERNATIVES
Do not reimburse Zelman for the permit, plan review, and inspection costs and do not terminate the SIA. However, Zelman will have recourse to argue the City is in breach of the SIA.

ATTACHMENTS
Attachment 1 - Zelman Reimbursement Request Letter
Attachment 2 - SIA Termination Document

882/009410-1017
13073217.1 a05/07/12

FREE RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:

CITY OF YORBA LINDA
4845 Casa Loma Avenue
Yorba Linda, CA 92886
ATTN: City Clerk
(SPACE ABOVE LINE FOR RECORDER’S USE ONLY)
(Exempt from Filing Fees - Government Code section 6103)

TERMINATION OF SUBDIVISION IMPROVEMENT

AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS
PARCEL MAP NO. PM 2015-113
This Termination of Subdivision Improvement Agreement for Completion of Public Improvements Parcel Map No. PM 2015-113 (“Partial Termination”) is dated as of November __, 2022 and is made by and between THE CITY OF YORBA LINDA, a California municipal corporation (“City”), and ZELMAN DEVELOPMENT CO., a California corporation (“Zelman”).

RECITALS
A. On or about November 18, 2016, City and Developer entered into that certain Subdivision Improvement Agreement for Completion of Public Improvements Parcel Map No. PM 2015-113, which was recorded on December 20, 2016, in the Official Records of the County of Orange, as Instrument No. 2016-000645983 (the “Streets SIA”).

B. Pursuant to the Streets SIA, among other things, Zelman agreed to construct certain public improvements (the “Streets SIA”).

C. City and Developer now wish to terminate the Streets SIA as all improvements have been completed and all obligations have been met.

Now, therefore, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto hereby agree as follows:

1. Termination of Streets SIA. Effective as of the date of the recordation of this Termination, the Streets SIA shall be terminated.

2. Survival. The parties agree that the insurance provisions in Section 17 and the indemnity, defense, and hold harmless provisions in Sections 16 and 20 of the Streets SIA that by their nature are intended to survive the termination of the Streets SIA survive notwithstanding this Termination.

882/009410-1017
13073217.1 a11/07/22 -2-
IN WITNESS WHEREOF, the parties hereto have executed this Termination as of the date set forth above.

CITY OF YORBA LINDA,
a California municipal corporation
By:

Carlos Rodriguez
Mayor
ZELMAN DEVELOPMENT CO.
a California corporation
By:

Brett M. Foy
Co-President
Attest:

By:

Marcia Brown
City Clerk
Approved as to Form
Rutan & Tucker LLP:

By:

Todd O. Litfin, City Attorney

882/009410-1017
13073217.1 a11/07/22
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Orange )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Orange )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

882
/009410-1017
13073217.1 a11/07/22 Page 303 of 396

ADMINISTRATION DEPARTMENT
DATE: NOVEMBER 15, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARK A. PULONE, CITY MANAGER
PREPARED BY: MARK K. AALDERS, ASSISTANT TO THE CITY

MANAGER
SUBJECT: DENIAL OF CLAIMS FOR DAMAGES

RECOMMENDATION
It is recommended that the City Council of the City of Yorba Linda deny the claims for damages by Michael Maksimos, Helen Ohirko, and Don Zeng.

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.

Michael Maksimos
The claimant alleges that City tree branches severely damaged the tailgate of his truck. The City’s liability is questionable as the pictures included with the claim packet only showed a small branch in the back of his truck bed. The branch did not appear large enough to have caused the reported damage to the tailgate of the truck. The claimant was contacted by the third-party administrator and asked if there were any other branches near the vehicle which he denied. When a copy of the vehicle registration was also requested, the claimant informed the administrator that the vehicle is owned by the company he works for and he is not named on the registration. He was informed that the City cannot accept the claim from

DENIAL OF CLAIMS FOR DAMAGES
P a g e | 2
him as he is not the legal registered owner of the vehicle. Therefore, the third-party claims administrator and City staff recommend denying the claim.

Helen Ohirko
The claimant alleges her tire was punctured by bolts protruding from a City storm drain grate on Lakeview Avenue. Staff reviewed the claim and determined the storm drain grate shown in the claimant’s pictures was on private property. Therefore, City staff recommend denying the claim.

Don Zeng
The claimant alleges he was driving southbound on Imperial Highway when a rock struck the front hood of his car which dented and damaged the paint. The claimant provided insufficient evidence as to whether the City is liable for this occurrence. In addition, the City is not responsible for debris in the roadway which was not directly caused by the City.

Therefore, the third-party claims administrator and City staff recommend denying the claim.

FISCAL IMPACT
None

ALTERNATIVES
As an alternative to staff’s recommendations for the claims, the City Council has the following options:

1. Accept liability for the claims and pay the amount specified in the claim forms.

2. Grant settlement authority up to a certain amount and direct the claims adjuster to enter into settlement negotiations with the claimants.

CITY OF YORBA LINDA

PLANNING COMMISSION

AGENDA ITEM SUMMARY
Meeting Date: November 9, 2022
Community Development Department
Planning Division
Director
David Brantley, AICP
APPROVAL OF OCTOBER 26, 2022, PLANNIING COMMISSION MEETING MINUTES A motion by Commissioner Singh, Second by Commissioner Masterson approving the October 26, 2022, Planning Commission meeting minutes. The motion carried (4-0-1) with the following roll call vote:

AYES: Pease, Bernstein, Masterson, Singh
NOES: None
ABSENT: Darnell
ABSTAIN: None
CONDITIONAL USE PERMIT 2022-49 BOSTINELOS
A motion by Commissioner Bernstein, Second by Commissioner Masterson to adopt Resolution No. 5532 approving Conditional Use Permit 2022-49 Bostinelos with conditions. The motion carried (4-0-1) with the following roll call vote:

AYES: Pease, Bernstein, Masterson, Singh
NOES: None
ABSENT: Darnell
ABSTAIN: None
SIGN REQUEST 2022-01 VALLEY VIEW SHOPPING CENTER (TARGET) A minute motion by Commissioner Singh, Second by Commissioner Masterson approving Sign Request 2022-01 Valley View Shopping Center with conditions. The motion carried (4-0-1) with the following roll call vote:

AYES: Singh, Bernstein, Masterson, Pease
NOES: None
ABSENT: Darnell
ABSTAIN: None
CONDITIONAL USE PERMIT 2022-48 DOTY
A motion by Commissioner Masterson, Second by Commissioner Singh to adopt Resolution No. 5533 approving Conditional Use Permit 2022-48 Doty with modified language to Condition No. 30, deletion of original Condition Nos. 32 and 33, then adding new language to Condition Nos. 32 and 33. The motion carried (4-0-1) with the following roll call vote:

AYES: Pease, Bernstein, Masterson, Singh
NOES: None Page 306 of 396
2 ABSENT: Darnell
ABSTAIN: None
DESIGN REVIEW 2022-09, ADMINISTRATIVE ADJUSTMENT 2022-17 AND ACCESSORY DWELLING UNIT 2022-31 MCANINCH
A minute motion by Commissioner Singh, Second by Commissioner Bernstein approving Design Review 2022-09, Administrative Adjustment 2022-17 and Accessory Dwelling Unit 2022-31 Mcaninch with conditions. The motion carried (4-0-1) with the following roll call vote:

AYES: Pease, Bernstein, Masterson, Singh
NOES: None
ABSENT: Darnell
ABSTAIN: None
Adjournment: The meeting adjourned at 7:41 p.m. to the December 14, 2022, Planning Commission meeting at 6:30 p.m.

CITY CLERK'S OFFICE
DATE: NOVEMBER 15, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS

RECOMMENDATION
It is recommended that the City Council receive and file this report.

DISCUSSION
City Council members serve on a number of outside committees and agencies. Attached are updates received recently from these agencies.

ATTACHMENTS

1. Reports from City Council Organizations, Agencies and Committees

Orange County Mosquito and Vector Control District
13001 Garden Grove Blvd., Garden Grove, CA 92843-2102 • 714.971.2421 ocvector .org • facebook.com/ocvectorcontrol • twitter.com/ocvector Termites
Introduction
Termites are small soft-bodied insects with large heads and pear-shaped bodies. All species are social and live in colonies that may host thousands of individuals. They feed on dead wood or fungi; the colony is either housed in dead wood or in soil. They are important as food for many other animals, their tunnels serve to aerate soil which aids plant growth, and their wood-eating is part of the natural decomposition process that returns nutrients to soil. Unfortunately, they also feed on wood that makes up our homes and other buildings. There are about 2,800 known species of termites in the world, 44 in North America, and 15 in California.

Most termites that you might encounter are pale, soft-bodied workers, which are often mistaken for ants, sometimes
nicknamed “white ants.” Termites have a broad connection between thorax and abdomen (“waist”); ants have a very
narrow “waist.” The antennae of termites is thread-like and made up of tiny bead-like segments; antennae of ants is elbowed and made up of cylindrical segments. The
reproductive stages of both termites and ants have four membranous wings, however all four wings of termites are nearly identical and very long, while the front wings of ants are larger than the hind wings.

Body Forms and Reproduction
Termites have four body forms (castes) that have different functions within the colony. Workers are cream-colored sterile males and females that never grow wings. They perform the day-to-day work of the colony: chew wood, make tunnels, maintain the nest, tend the young, and feed other termites.

Soldiers are sterile males and females that have enlarged hardened heads, often equipped with large mandibles for defending the colony. Reproductives are usually tan to dark brown and have functional wings. Both male and female forms are fertile. When mature, they fly from their parent’s colony, locate a partner, find a secluded place, drop their wings, mate, and start their own colony. A mated female is called a queen, a mated male is a king. The pair produces offspring that develop to become members of their colony. Since the colony is made up of descendants of a single pair of termites, it is a family unit.

Some colonies are made up of multiple pairs of reproductives, making those colonies multi-family units. Subreproductives resemble reproductives but have only wing stubs and can never fly. They are essentially sterile but if the king and/or queen die or are removed from the colony, they become fertile and can reproduce. They are then called a secondary king or queen. The original (primary) queen of some species is known to lay up to 2,000 eggs per day and live up to 45 years.

Swarming
During certain times of year and weather conditions,
particularly after rainfall followed by warm weather, young reproductive termites exit the colony and fly away in search of a partner. This mass exodus may consist of dozens to hundreds of individuals, all flying away from their parent’s colony together. Birds such as phoebes, kingbirds, and other flycatchers are very fond of termites and are seen performing comical acrobatics to catch and devour them out of the air.

Management
Since termites can damage wood and wood products, care
should be taken to prevent them from colonizing structures.

Most termite inspection and control should be carried out by a licensed professional pest control company. However, there are some things that homeowners can do to discourage termite infestation and reduce their impact.
• Termites enter small cracks and holes in wood to start a new colony. Seal up cracks and holes in buildings to prevent their entry.
• Watch for swarms of termites flying from their colonies in soil or wood. The exit point reveals the location of the colony.
• Routinely inspect buildings for termite colonies and damage.

As they produce and accumulate solid waste (“fecal pellets”), termite workers make holes to the outside and push the
pellets out. Look for accumulation of fecal pellets at the base of posts and on the ground.
• As termites feed and hollow out wood, a tap on the wood will sound hollow and may crush inward, revealing the
colony’s tunnels. Tap suspect wood and listen for the sound. • Termites often invade firewood piles, especially those stored directly on soil. Stack firewood on a stand to keep the wood at least 18 inches above the ground.

Western Subterranean Termites
Reticulitermes hesperus
Status
☑ Structural Pest
☑ No health threat
Laboratory Report November 17, 2022 Attachment No. 1

Laboratory Report, November 17, 2022 Attachment No. 2
Formosan Termites Confirmed in Two New Southern California Locations PEST CONTROL TECHNOLOGY, Published on: October 7, 2022
Shutterstock
RIVERSIDE, Calif. — Formosan subterranean termites (Coptotermes formosanus) continue to be on the radar of pest management professionals in Southern California following confirmation of two more infestations — one from a house in La Verne, Calif., and the other from a house in Hollywood Hills, Calif. The findings were confirmed by Dr. Chow-Yang Lee and researchers from his lab at the University of California, Riverside Department of Entomology.

As previously reported by PCT, Formosan subterranean termites (FSTs) are not native to Southern California nor the United States. Still, in California they have been confirmed in pockets, and many entomologists and pest management professionals believe they may be underreported in the Golden State.

The recent FST discovery in La Verne came after ProCraft Pest Control, Upland, Calif., was called by one of its customers about a large termite swarm. It turned out the swarm was coming from the next-door neighbor’s home. That homeowner, who owns a lumber company, built his home with numerous railroad ties. ProCraft owner Mike Furlong theorizes that some of the railroad ties may have been transported from a location that does have Formosan subterranean termites.

Furlong was alerted to potential FSTs by ProCraft service technician Luke Miller, who services the home. “I decided to send it in (to UCR) because it didn’t match,” Furlong said. “Just a lighter color throughout, and that doesn’t fit drywoods and other subs we see. And the wings looked off. The coloration was off substantially.” Lee was out of the country, but his lab technician, Sen Miao, performed the measurement and molecular identification. Lee then checked the outcome of the ID and confirmed that they were Formosan subterranean termites. “Basically, what we did was examine the morphology of the sample under the microscope and then carried out analysis of 16S ribosomal RNA,” Lee said.

Laboratory Report, November 17, 2022 Attachment No. 2
Furlong said that his customer’s home was immaculate and also built on a slab (no crawlspace), so he did not find any damage, but that ProCraft will be closely monitoring that property for FSTs in the future.

In addition to the Formosan termites found in La Verne, an FST infestation was confirmed in a Hollywood Hills home. The termites were sent to UC Riverside by the homeowner after first identified by Orkin technician Isela Munoz and then by Orkin inspector José Ernesto Aguilar. After receiving the sample, Dr. Siavash Taravati from the University of California Agriculture and Natural Resources (UC ANR) visited the home, where he found more dead Formosan termites in the storage area in the loft. However, no signs of active infestations were evident during a visual inspection or when he used Termatrac, a device that detects tiny movements in the wood using microwaves technology.
“It’s an all-wood old house with [Formosan subterranean termites] first found flying in a loft around a standing light near a storage door,” Taravati said.

Taravati said that some minor damage was found in the landscape on the buried portion of the fence downslope, “but we don’t know if they are from Western subterranean termite or Formosan. On the upslope, dense cover plants were found but the wooden retaining walls were intact. The house also has many small damages from drywood termites based on their shape and presence of hexagonal fecal pellets.” Taravati added that he inspected the crawlspace of the Hollywood Hills home and found no evidence of FST damage and that the nearby landscape soil was relatively dry, except for a few spots near sprinklers. — Brad Harbison

COMMUNITY DEVELOPMENT DEPARTMENT
DATE: NOVEMBER 15, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID BRANTLEY, AICP, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: RESOLUTION NO. 2022-5829 RE CITY OF YORBA LINDA MEMBERSHIP

IN THE ORANGE COUNTY HOUSING FINANCE TRUST, A JOINT

POWERS AUTHORITY

RECOMMENDATION
It is recommended that the City Council take the following actions:
1) Adopt Resolution No. 2022-5829 approving, authorizing and directing City execution of the Joint Exercise of Powers Agreement relating to membership in the Orange County Housing Finance Trust; and,
2) Authorize the Mayor to execute the Orange County Housing Finance Trust Joint Powers Authority (JPA) Agreement.

BACKGROUND
Orange County Housing Finance Trust (OCHFT) is a Joint Powers Authority (JPA) formed in 2019 between Orange County cities and the County of Orange. Enacted by Assembly Bill 448, the OCHFT provides funding to residential developments that preserve and produce workforce and supportive housing. These funds improve the financial viability of individual housing projects and can also increase each project’s competitiveness for state and federal funding sources. Additionally, OCHFT works with a variety of government and nonprofit entities to attract more state and federal housing funds to Orange County. Joining the OCHFT would support the City to achieve the stated goals and objectives of the 6th Cycle Housing Element (e.g., Program 5 of the City’s 2021-2029 Certified Housing Element, specifically). To become a member, the City Council would adopt attached Resolution No. 2022-5829 and authorize the Mayor to execute the JPA with OCHFT (see Attachments 4 and 3, respectively).

DISCUSSION
With City membership in OCHFT, affordable housing developments located in Yorba Linda will be able to apply competitively for OCHFT direct capital, operating and social services support. By providing another layer of potential “gap” financing and potentially increasing

RESOLUTION NO. 2022-5829 RE CITY OF YORBA LINDA MEMBERSHIP IN THE

ORANGE COUNTY HOUSING FINANCE TRUST, A JOINT POWERS AUTHORITY P a g e | 2
local leveraged funding, OCHFT could increase the competitiveness of Yorba Linda housing projects for additional state and federal funds.

In August 2019, Adam Eliason, Manager of OCHFT, provided a brief presentation to the City Council and community regarding the, at that time, recently formed JPA. The City didn’t have any housing projects pending at that time that potentially may have qualified for competitive funding through OCHFT sources and thus did not immediately become a member. More recently, it has come to the City’s attention that the trust has received a sizeable state grant for affordable housing projects in Orange County that may be available for assisting Orange Housing/C&C Development with the financing of Phase II of the Altrudy Senior Apartments project development. In addition, since 2019, membership has grown to include 25 out of 34 cities in the County, including Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, La Habra, Lake Forest, Laguna Niguel, Mission Viejo, Newport Beach, Orange, Placentia, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, and Westminster. In addition, the County of Orange also is a member.

The OCHFT is governed by a nine-member Board of Directors (Board). Pursuant to the JPA by-laws (Attachment 1), the Board is comprised of two members of the Board of Supervisors of the County of Orange; two countywide elected officials; three city representatives, one each from the most highly populated city in each of the County’s three Service Planning Areas (North, Central and South); and two additional city council representatives selected by the City Selection Committee. A list of current OCHFT Board Members is provided as Attachment 2.

OCHFT Membership
As outlined in the JPA, the OCHFT does not build, own, or manage housing projects.

OCHFT cannot require that housing projects be located in specific cities, require member cities to take an allocation of supportive housing units, or require that cities provide a local funding match. The OCHFT Board of Directors determines whether a funding application meets the Notice of Funding Availability criteria. Each local jurisdiction maintains land use control and processes related entitlements consistent with its zoning and municipal code requirements, including the City’s Right-to-Vote Amendment (aka Measure B), as applicable.

Developers with affordable housing projects in member cities can apply to OCHFT for construction and/or permanent loans, currently offered at a three percent simple interest rate. Permanent residual receipt loan terms are 55 years, which is also the required affordability covenant period for borrowers.

The JPA contains a provision that requires members to contribute towards administrative expenses of OCHFT if sufficient grant funding is not obtained. Member cities were not required to contribute funding for fiscal years 2021-2022 and 2022-2023 because the OCHFT successfully secured grant funding to support the administrative portion of the budget. It also appears that grant funding will cover most, if not all, of the administrative

RESOLUTION NO. 2022-5829 RE CITY OF YORBA LINDA MEMBERSHIP IN THE

ORANGE COUNTY HOUSING FINANCE TRUST, A JOINT POWERS AUTHORITY P a g e | 3
funding needed for fiscal year 2023-2024. Based on the current budget, if OCHFT did not secure any grant funding, the City of Yorba Linda would be asked to contribute approximately $12,242 annually. The membership fees presently are:
 Small City with less than 60,000 population = $6,121
 Medium City between 60,000 and 95,000 population = $12,242  Large City with greater than 95,000 population = $24,484 Variables affecting membership cost include the number of member cities, funding sources that can be used to cover administrative expenses, and the adopted administrative budget.

If costs exceed a certain threshold, the City would have the option to terminate its membership. The City would maintain the right to withdraw from the JPA subject to a written resolution and by providing a six-month notice.

FISCAL IMPACT
No financial impact is expected for FY 2022-23 as a result of the City joining the Orange County Housing Finance Trust. Although member agencies are ultimately responsible for costs incurred by the Trust, staff for OCHFT is optimistic that they will be able to secure grant funds to cover annual administrative costs. The estimated annual cost to Yorba Linda is approximately $12,250 if grant funding is not realized.

ALTERNATIVES
City Council could decide not to become a member of the OCHFT. As a result, affordable housing developers would not have access to another potential financing source for projects in Yorba Linda.

ATTACHMENTS
1) OCHFT Joint Powers Authority By-Laws
2) OCHFT Board of Directors List
3) a. OCHFT Joint Powers Agreement
b. OCHFT Joint Powers Agreement Signature Page
4) Resolution No. 2022-5829

ORANGE COUNTY

HOUSING FINANCE TRUST
Bylaws

APPROVED BY THE

ORANGE COUNTY HOUSING FINANCE TRUST

BOARD OF DIRECTORS
ON AUGUST 30, 2019
UPDATED SEPTEMBER 15, 2020

OC Housing Finance Trust Bylaws

TABLE OF CONTENTS
PART 1. INTRODUCTION........................................................................................................3 SECTION 1.01 AUTHORIZING LEGISLATION .......................................................................3 SECTION 1.02 OCHFT MISSION AND VISION ....................................................................3 SECTION 1.03 OCHFT GUIDING PRINCIPLES.....................................................................4 PART 2. BYLAWS ...................................................................................................................5 ARTICLE 1 NAME..........................................................................................................5 ARTICLE 2 MEMBERSHIP AND PURPOSE ........................................................................5 ARTICLE 3 BOARD OF DIRECTORS ................................................................................6 ARTICLE 4 DUTIES OF OFFICERS AND BOARD MEMBERS..............................................8 ARTICLE 5 MEETINGS ...................................................................................................9 ARTICLE 6 FINANCIAL REVIEW AND OVERSIGHT........................................................10 ARTICLE 7 OCHFT Board CODE OF CONDUCT ..........................................................10

OC Housing Finance Trust Bylaws

Part 1 – Introduction to the Orange County Housing Finance Trust (OCHFT)

1.01 Establishment
Chapter 336 of the California Statutes of 2018 (AB 448, 2018, Quirk-Silva, Daly, and Moorlach) was entered into law on September 11, 2018. Chapter 336 authorized the County of Orange and any of the cities within the County of Orange to create a joint powers agency known as the Orange County Housing Finance Trust, which may do any of the following: (1) fund the planning and construction of housing of all types and tenures for the homeless population and persons and families of extremely low, very low, and low income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, permanent supportive housing; (2) receive public and private financing and funds; and (3) authorize and issue bonds, certificates of participation, or any other debt instrument repayable from funds and financing received and pledged by the Orange County Housing Finance Trust.

The OCHFT was established on March 12, 2019 by the execution of the Joint Exercise of Powers Agreement (the “Agreement”) by and between the Cities of Fullerton, Newport Beach, Garden Grove, San Juan Capistrano, and Costa Mesa (collectively, the “Cities”) and the County of Orange the “County”). These Bylaws were adopted by OCHFT’s Board of Directors and provide for the organization and administration of OCHFT. These By-Laws supplement the Agreement.

1.02 OCHFT Guiding Vision and Mission
Following the passage of AB 448, the County of Orange and ACC-OC formed a collaborative working group to establish the OCHFT. As such, the working group, comprised of elected officials and staff from both the County and Cities worked to create the guiding vision and mission as follows:

The vision of OCHFT is to provide innovative financial solutions for the humanitarian crisis of homelessness in our local communities.

The mission of OCHFT is to strengthen the communities in Orange County by financing the development of housing for homeless and low-income individuals and families.

1.03 - OCHFT Guiding Principles
The guiding principles of the OCHFT:

1. Implement the findings and declarations of AB 448.

2. Provide funding based on principles of fiscal responsibility and demonstrated value to the taxpayer and funder.

OC Housing Finance Trust Bylaws

3. Retain local control and the ability for local governments to use OCHFT funding for housing solutions when needed, or to participate within the region as a whole.

4. Demonstrate accountability and transparency for members of the JPA and the public.

5. Promote public-private partnerships, nonprofit collaborations, and community building to maximize sources of funds public and private, when available, and to efficiently accelerate housing for low, very low and extremely low income individuals and families.

6. Provide opportunities to strengthen local partnerships and increase capacity of local cities and agencies engaged in fulfilling housing goals.

7. Commit to innovation and best practices in financing, production, and service delivery in supportive housing.

8. Serve the region’s needs geographically by (1) extremely low, very low, low income, and supportive housing types and (2) by population.

9. Foster collaborative planning to allow for project prioritization and establish a pipeline of projects.

10. Provide access to funding to ensure that Orange County receives the maximum benefit for the resources provided.

11. Incorporate County’s Coordinated Entry System in conjunction with the cities’ locallydriven protocols to ensure that the developed housing resources has appropriately targeted and prioritized eligible homeless populations for each project.

Part 2 – Bylaws of the OC Housing Finance Trust
ARTICLE I - Name
The name of this entity shall be the “Orange County Housing Finance Trust” or “OCHFT” in these Bylaws.

ARTICLE II – Membership and Purpose
Section A: OCHFT Membership

OC Housing Finance Trust Bylaws

OCHFT is comprised of the County of Orange and the cities have executed OCHFT’s Joint Powers Agreement (see Exhibit __). The Agreement may be amended from time to time, as needed, and is incorporated herein subject to those amendments.

Section B: Purposes, Functions and Preclusions
The vision of OCHFT shall be to provide innovative financial solutions for the humanitarian crisis of homelessness in our local communities, in furtherance of OCHFT’s mission as stated in Part 1, Introduction. More specifically, the purpose and functions of OCHFT shall be:

1. To fund the planning and construction of housing for the homeless population and persons and families of extremely low, very low, and low income, as defined in Section 50093 of the Health and Safety Code, including, but not limited to, housing that includes supportive services;

2. To receive public and private financing and funds;

3. To follow annual financial reporting and auditing requirements that maximize transparency and maximize public information as to the receipt and use of funds by the agency. The annual financial report shall show how the funds have furthered the purposes of the Orange County Housing Finance Trust; and

4. To comply with the regulatory guidelines of each specific state and federal funding source received.

OCHFT is specifically precluded from:

1. Regulating land use in cities or in the unincorporated area of the County of Orange.

2. Serving as an owner or operator of housing units.

3. Exercising any authority to levy, or advocate or incentivize the levying of, any fee, charge, dedication, reservation, tax assessment, or other exaction related to development projects.

4. Requiring or incentivizing inclusionary zoning requirements. The power to adopt inclusionary zoning ordinances remain with the entities that possess land use and planning authority.

OC Housing Finance Trust Bylaws

5. Providing OCHFT funding for a project that is opposed by the elected body (if within an incorporated area, the City Council, or if in an unincorporated area, the Orange County Board of Supervisors) in which the project is proposed to be located.

ARTICLE III – Board of Directors
Section A: OCHFT Board of Directors

1. All members of the Board of Directors must be from a member of the governing board of a party to the Agreement.

2. Board of Directors. The nine (9) voting members of the Board of Directors of OCHFT shall be as described below. Each member shall be entitled to one (1) vote on the Board:
a) County Representatives (4):
i. Two members of the Board of Supervisors of the County of Orange, selected by the Board of Supervisors; and
ii. Two countywide elected officials selected from the following six Orange County elected officials: Assessor, Auditor-Controller, Clerk-Recorder, District Attorney-Public Administrator, Sheriff-Coroner, and the Treasurer Tax-Collector by the Board of Supervisors of the County of Orange.

A city member within each Service Planning Area with a population larger than a current appointee under Section A.2 (b)(i)-(iii), shall be seated to the Board of Directors at the end of the term of the currently seated Director for that Service Planning Area.
b) City Representatives (5):
i. One City Council member for the city member with the greatest population in the North Region Service Planning Area as measured in the most recent decennial census.
ii. One City Council member for the city member with the greatest population in the Central Region Service Planning Area as measured in the most recent decennial census.
iii. One City Council member for the city member with the greatest

OC Housing Finance Trust Bylaws

population in the South Region Service Planning Area as measured in the most recent decennial census.
iv. One City Council member from a city member with a population of over 60,000 persons as measured in the most recent decennial census; and v. One City Council member from a city member with a population of under 60,000 persons as measured in the most recent decennial census.

The selection of Directors under categories iv. and v., above, shall be made by the City Selection Committee from votes cast by eligible city members in each respective category on a one-city-one-vote basis and who are not already represented pursuant to Section A.2, subdivisions (b) (i), (b) (ii), and (b) (iii).

3. Advisory Board (7). An advisory board consisting of the following members shall advise the Board of Directors with respect to all matters that OCHFT Board of Directos has taken in furtherance of OCHFT’s purpose as expressed in the Agreement:
a) One Member who also serves on the Orange County Continuum of Care Board; b) Three (3) members who are city managers or assistant city managers, whose cities are not represented on the Board of Directors, with these three members representing cities in each of the three Service Planning Areas or their successor delineation; c) The Chief Executive Officer of the County of Orange, or his or her designee; d) A police chief (or his or her designee); and
e) A city from a Housing Authority in Orange County, which receives Housing Choice Voucher funding and which is not otherwise represented as a city on the Board of Directors.

4. All Advisory Board members are entitled to attend all OCHFT regular and special meetings and to fully participate in such meetings, but cannot vote on project applications or amendments to OCHFT bylaws, rules, or procedures.

5. Advisory Board members need not be elected officials.

Section B: Selection of Advisory Board Members
Appointments to the Advisory Board shall be as follows:

1. A majority of the Orange County Continuum of Care Board shall appoint the representative from the Orange County Continuum of Care Board;

OC Housing Finance Trust Bylaws

2. The Orange County City Managers Association shall select the three City Manager or Assistant City Manager representatives; and

3. The Orange County Police Chiefs Association shall select the Police Chief representative.

4. The Trust Manager, with ratification by a majority of the Orange County Housing Finance Trust Board, shall select a representative from a City member, whose Housing Authority receives Housing Choice Voucher funding and which is not otherwise represented on the Board of Directors.

Section C: Terms and Vacancies

1. Board of Directors: Terms of office for members of the Board of Directors shall be for two (2) years. A Board of Director’s seat shall be deemed vacant if he or she leaves elected office, or if his or her appointing body removes him or her. Upon a vacancy, the appointing body shall be notified and shall attempt to fill the vacancy within sixty (60) days of the vacancy occurring.

2. Advisory Board: Terms of office for members of the Advisory Board shall be for two (2) years. An Advisory Board member’s seat shall be deemed vacant if he or she fails to attend three consecutive regular or special meetings, or if his or her appointing body removes him or her. Upon a vacancy, the appointing body shall be notified and shall attempt to fill the vacancy within sixty (60) days of the vacancy occurring.

Section D. Board of Director Officers
The Board of Directors shall select a Chair and a Vice-Chair on an annual basis at the first meeting after the start of the fiscal year. Only members of the Board of Directors may serve as Chair or Vice-Chair. If a County representative is the Chair for any one period, a City representative shall serve as Vice-Chair. If a City representative is Chair for any one period, a County representative shall serve as Vice-Chair.

ARTICLE IV – Duties of Officers and Board Members
Section A: Duties of the Chair and Vice-Chair
It shall be the duty of the Chair to preside at the meetings of the OCHFT. In the Chair’s absence, the Vice-Chair shall preside at the meetings of the OCHFT.

Section B: Duties of the Board of Director Members:

OC Housing Finance Trust Bylaws

1. Meet when called by the Chair to plan and coordinate the business and proposed activities of OCHFT;

2. Review and consider applications for project funding;

3. Review and consider OCHFT’s financial information, including the Annual Financial Report, any related independent audit, and the OCHFT’s annual budget; and

4. Serve on subcommittees or task forces when appropriate.

Section C: Formation of Subcommittees
The Board may create subcommittees or task forces to accomplish the goals and purposes of OCHFT.

ARTICLE V – Meetings
Section A: Regular Meetings
Regular meetings of OCHFT’s Board shall be held once every two (2) months, unless otherwise called by the Chair. Meeting notice, agenda, and public comment procedures shall comply with the provisions of the Ralph M Brown Act. The Clerk of the Board shall prepare meeting agendas and handle noticing requirements.

Section B: Special Meetings
Special meetings of OCHFT may be held at any time upon call of the Chair, provided that the special meetings’ noticing and agenda complies with the Ralph M. Brown Act.

Section C: Quorum
A majority of the seated members of the Board of Directors shall constitute a quorum at any meeting of the Board except that less than a quorum may adjourn a meeting to another time and place.

Section D: Voting on Project Funding

1. The Board should strive to attain a unanimous decision on all projects which receive funding from OCHFT; however

2. Every act or decision done or made by a majority of the Directors present at any meeting at which a quorum is present shall be the act of the Board of Directors.

Section E: Voting on Amending OCHFT’s Bylaws, Principles, or Procedures

OC Housing Finance Trust Bylaws

1. Amendments to OCHFT’s Bylaws, Principles or Procedures shall be considered at a regular meeting, and shall comply with the Ralph M. Brown Act.

2. An amendment to these Bylaws is deemed approved following a majority vote of the Board of Directors.

Section F: Minutes
The Clerk of the Board shall take minutes for OCHFT. A previous meeting’s minutes shall be considered and approved at a subsequent meeting by a majority vote of the Board of Directors.

Section G: Meeting Procedure
The conduct of meetings shall be governed by Robert's Rules of Order (most recent published edition) where the question at issue is not determined by these Bylaws.

Section H: Location of Meetings
The Board must meet in publicly-accessible places typical for hosting public meetings, such as Council Chambers, city community rooms, or County board or conference rooms.

ARTICLE VI – Financial Review and Oversight
Section A: Annual Financial Report

1. The Board shall ensure that an Annual Financial Report is prepared, reviewed, adopted and made public annually, to ensure transparency and demonstrate actions that have furthered the purposes of OCHFT.

2. As a part of the development of the Annual Financial Report, the Board shall engage an independent auditor to complete an independent financial audit of OCHFT’s operations. The audit must be provided to the public, and the auditor must report all findings to the Board in a public meeting.

Section B: Budget
The Annual Budget of OCHFT shall be reviewed and approved by the Board of Directors in May or June of each year, in advance of the start of OCHFT’s next Fiscal Year.

Section C: OCHFT Fiscal Year
The fiscal year of OCHFT shall be from July 1 to June 30 of each year.

OC Housing Finance Trust Bylaws

ARTICLE VII – OCHFT Board Code of Conduct
This OCHFT Board Code of Conduct represents OCHFT’s commitment to high standards of ethics, public service, collegiality, and transparency. The following standards should be regarded as minimum expectations for conduct. OCHFT Board Members will act in accordance with and maintain the highest standards of professional integrity, impartiality, diligence, creativity and productivity. OCHFT will act in accordance with federal, state, and local laws and regulations.

Section A: Compliance with Policies

1. Members of the Board of Directors and Advisory Board will conduct the OCHFT business in accordance with the Agreement and the bylaws of OCHFT, including conflict of interest policies.

Section B: Conflicts of Interest

1. The Board of Directors may not have a conflict of interest as determined by the California Political Reform Act (the “Act”), inclusive of the Levine Act, California Government Code section 81000, et. seq., and the regulations promulgated to effectuate the Act. Nor shall the Board of Directors have a conflict of interest under California Government Code section 1090.

3. Members of the Board of Directors and Advisory Board are required to file a Statement of Economic Interest (Form 700) in the disclosure category as designated on the OCHFT Conflict of Interest Code.

Section C: Confidentiality
Members of the Board of Directors and Advisory Board must maintain the highest standards of confidentiality regarding information obtained directly or indirectly through their involvement with the OCHFT. This includes but is not limited to information about applications for funding, OCHFT members and their organizations and funded agencies. Members must also avoid inadvertent disclosure of confidential information through casual public discussion, which may be overheard or misinterpreted. Notwithstanding the foregoing, when applicable, the California Public Records Act and Ralph M. Brown Act apply to the OCHFT.

Section D: Gifts or Honoraria
It is not permissible for members of the Board of Directors and Advisory Board to offer or accept gifts, gratuities, excessive favors or personal rewards intended to influence OCHFT decisions or activities.

OC Housing Finance Trust Bylaws

Section G: Harassment
Harassment, interpreted as unwelcome conduct, comment, gesture, contact, or intimidating and offensive behavior likely to cause offense or humiliation, will not be tolerated and may result in disciplinary measures up to and including removal from OCHFT Board.

Section H: Laws and Regulations
OCHFT business will be conducted in a manner that reflects the highest standards and in accordance with all federal, state, and local laws and regulations.

EXHIBIT "A"

Attachment 2
OCHFT Board of Director’s List
OCHFT Board of Directors
Current members of the Trust Board are listed below:

1. Chair Stephen Faessel City of Anaheim

2. Vice Chair Shari Freidenrich County of Orange Treasurer-Tax Collector

3. Board Member David Penaloza City of Santa Ana

4. Board Member Doug Chaffee County of Orange Supervisor, 4th District

5. Board Member Lisa Bartlett County of Orange Supervisor – 5 th District

6. Board Member Don Barnes County of Orange Sheriff

7. Board Member Fred Jung City of Fullerton

8. Board Member Ed Sachs City of Mission Viejo

9. Board Member Jamey Federico City of Dana Point

q e0q

CITY OF PLACENTIA
By: Rhonda Shader, Mayor
Dated:

ATTEST:

Robert M. McKinnell, City Clerk
NOTICE TO CITY TO BE GIVEN TO:

City Administrator: Damien R. Arrula
City: Placentia
Street Address: 401 E. Chapman Ave
Placentia, CA 92870
Phone:

Fax:
(714) 993-8117
Qt4\ 961-0283
APPROTT¡ED AS TO FORM:

By:
ty
Orange County Housing Finance Trust - Joint Powers Agreement Signature Page

CITY OF WESTMINSTER
Dated:

By: Tri Ta, Mayor
ATTEST:
eP43
Christine Cordon, City Clerk
NOTICE TO CITY TO BE GIVEN TO:

Eddie Manfro, City Manager
City of Westminster
8200 Westminster Blvd
Westminster, CA 92683
Phone: 714) 548- 3172
APPROVED AS TO FORM:

City Attorney
Orange County Housing Finance Trust— Joint Powers Agreement Signature Page

Orange County Housing Finance Trust – Joint Powers Agreement Signature Page

CITY OF YORBA LINDA
Dated: ___________________________ __________________________________ By: Carlos Rodriguez, Mayor
ATTEST:
___________________________________
City Clerk
NOTICE TO CITY TO BE GIVEN TO:

City Manager: Mark Pulone
City of Yorba Linda
Street Address: 4845 Casa Loma Avenue
Yorba Linda, CA 92886
Phone: 714-961-7110
Fax: 714-993-7530
APPROVED AS TO FORM:

By: _______________________________
City Attorney

RESOLUTION NO. 2022-5829

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, CALIFORNIA, APPROVING, AUTHORIZING

AND DIRECTING CITY EXECUTION OF THE JOINT

EXERCISE OF POWERS AGREEMENT RELATING TO

MEMBERSHIP IN THE ORANGE COUNTY HOUSING

FINANCE TRUST
WHEREAS, The Orange County Housing Finance Trust (OCHFT) was formed in 2019 as a joint powers authority between the County of Orange and the cities throughout the county; and
WHEREAS, OCHFT was created for the purpose of funding housing specifically assisting the homeless population and persons and families of extremely low, very low, and low income within the County of Orange; and
WHEREAS, the City of Yorba Linda (the “City”) has determined through its 6th Cycle Housing Element Update that there is need for more affordable housing in the City; and
WHEREAS, the City has determined that there are limited financial resources for affordable and supportive housing development and that additional local financing increases the competitiveness of individual projects for the State and Federal resources; and
WHEREAS, the City has determined that it is in the public interest and for the public benefit that the City become a member of the OCHFT in order to further facilitate the development of affordable housing in the City, including the financing of projects therefor by the OCHFT; and
WHEREAS, the City will be joining 25 members of the OCHFT in efforts to increase State and Federal resources for affordable housing directed to Orange County; and WHEREAS, the Joint Exercise of Powers Agreement has been filed with the City, and the members of the City Council of the City, with the assistance of its staff, have reviewed said document; and
WHEREAS, the OCHFT is authorized to issue grants and loans to developers for the purpose, among others, of financing or refinancing the construction, acquisition and rehabilitation of affordable and supportive housing; and WHEREAS, the City anticipates that there will be affordable and supportive housing projects in need of financing located in Yorba Linda; and NOW, THEREFORE, the City Council of the City of Yorba Linda DOES HEREBY RESOLVE as follows:

RESOLUTION NO. 2022-5829

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City Council hereby authorizes the City’s membership in the Orange County Housing Finance Trust (OCHFT).

SECTION 3. The City Council has reviewed and approves the Joint Exercise of Powers Agreement substantially in the form provided as “Attachment 3 a.” to the staff report prepared for this Resolution.

SECTION 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire, construct or operate any Project or any refinancing of any Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, improvement, rehabilitation or operation of any Project; (iii) make any contribution or advance any funds whatsoever to the OCHFT other than membership fees if OCHFT is unable to secure grant funding for administrative costs; or (iv) except as provided in this Resolution, take any further action with respect to the OCHFT or its membership therein.

SECTION 5. The Mayor, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute the Joint Exercise of Powers Agreement and to perform such other acts and deeds, as may be necessary or convenient to affect the purposes of this Resolution and the transactions herein authorized.

SECTION 6. The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the OCHFT:

Orange County Housing Finance Trust
Attn: Adam Eliason, Manager
1 League #62335
Irvine, CA 92602
SECTION 7. This resolution shall take effect immediately upon its passage.

RESOLUTION NO. 2022-5829

APPROVED AND ADOPTED by the City Council of the City of Yorba Linda at a regular meeting held on the ___ day of ___________ 2022.

MAYOR OF THE CITY OF YORBA LINDA
ATTEST:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
________________________________

CITY ATTORNEY

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 Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the ___ day of _________, 2022, and was carried by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA