Agenda packet — Yorba Linda City Council, October 17, 2023 (part 2 of 3)

FISCAL YEAR 2023/24 APPROPRIATION ADJUSTMENTS FOR GENERAL FUND,

SPECIAL REVENUE FUNDS AND CAPITAL PROJECT CARRYOVERS AND FISCAL YEAR 2022/23 FINAL BUDGET ADJUSTMENTS
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must be carried over and re-appropriated to complete the projects that were in progress on June 30, 2023. Because these funds were not spent by June 30, 2023, the amount transferred to reserves on June 30, 2023, is higher than anticipated. Attachment 1 lists operating expenditure purchase order carryovers and related budget adjustments which total $368,685.47. $367,955.10 is attributable to the General Fund and will be appropriated from General Fund reserves.

Carry Forward of Equipment Purchases
During FY 2022/23, various equipment was ordered but not received by June 30, 2023. It is anticipated that they will be received in FY 2023/24 and therefore the related purchase orders and corresponding budget appropriations must be carried over. Attachment 2 identifies the details of these purchases which total $112,463.51. $79,758.91 is attributable to the General Fund and will be appropriated from General Fund reserves.

Capital Project Carryover Appropriations
When the budget for FY 2023/24 was approved by City Council, it included appropriations for new capital projects, as well as estimated carryovers for existing projects. Often, capital projects require more than one fiscal year for completion. Now that FY 2022/23 has been preliminarily closed, staff are able to compare the estimated carryover appropriations already included in the FY 2023/24 budget and the actual amount of funds still required for each project. These adjustments may be a positive or negative number based on the initial carryover estimates already included in the FY 2023/24 budget. Attachment 3 lists capital project purchase order carryovers ($20,541,303.12) and related budget adjustments ($4,484,519.50).

Final Budget Appropriations for Fiscal Year 2022/23
Now that the books are preliminarily closed for FY 2022/23, there are additional budget appropriations that need to be approved.

The Special Reserves Fund requires an additional appropriation for a transfer to the General Fund ($106,883.19) for higher than anticipated vacation buyback expenditures. This is an annual expense which is funded by the Special Reserves Fund.

The COPS Fund requires an additional transfer out to the General Fund in the amount of $932.23. This is the amount of revenue above the original estimate that is available to transfer to the General Fund.

Additional transfers out to the CIP Fund are required for the Special Reserve Fund ($557,406.76), CDBG Fund ($2,479.00), Measure M2 ($4,614.96), and the ARPA Fund ($32,686.35). Project details are listed below in the section on the CIP Fund.

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FISCAL YEAR 2023/24 APPROPRIATION ADJUSTMENTS FOR GENERAL FUND,

SPECIAL REVENUE FUNDS AND CAPITAL PROJECT CARRYOVERS AND FISCAL YEAR 2022/23 FINAL BUDGET ADJUSTMENTS
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The CIP Fund requires additional FY 2022/23 appropriations for various projects including the following:

1. Field House & Hurless Barton Park ADA Walkway Improvements ($2,479.00 from the CDBG Fund) because more CDBG funding became available during the year.

2. The Trueblood House Rehabilitation Project ($545,216.76 from Special Reserves) requires re-appropriation. Back in FY 2018/19, the City entered into an agreement with C&C Development to rehabilitate the Trueblood House, which is a local historic property owned by the City. This project was originally appropriated in FY 2018/19, but the appropriation has lapsed. The project has finally been completed and needs to be re-appropriated to reimburse the developer for the City’s portion of the project per the agreement.

3. The Ongoing Street Maintenance Program/APPP Zone 4 was not carried over from FY 2021/22 to FY 2022/23 but incurred some final expenditures that needed to be funded ($12,190.00 from Special Reserves Fund).

4. Ongoing Street Maintenance Program/APPP Zone 6 was able to utilize the interest revenue earned on ARPA funds in the amount of $32,686.35 to offset the use of General Fund funding.

5. The Traffic Signal – Bastanchury Rd. at Casa Loma Ave. project will use additional Measure M2 funds in the amount of 4,614.96.

FISCAL IMPACT
The following budget appropriations are required:

1. $367,955.10 from General Fund reserves for operating budget adjustments per Attachment 1 and related Purchase Order carryovers in the amount of $119,964.15.

2. $730.37 from PEG Fund reserves for operating budget adjustments per Attachment 1 and related Purchase Order carryovers in the amount of $730.37.

3. $79,758,91 from General Fund reserves for equipment budget adjustments per Attachment 2 and related Purchase Order carryovers in the amount of $79,758.91.

4. $32,704.60 from Black Gold Golf Club Fund reserves for equipment budget adjustments per Attachment 2 and related Purchase Order carryovers in the amount of $32,704.60.

5. $4,484,519.50 in the Capital Improvement Fund (and related funding source transfers) per Attachment 3 and related Purchase Order carryovers in the amount of $20,541,303.12.

6. Final FY 2022/23 budget amendments per Attachment 4 in the amount of $664,289.95 for the Special Reserves Fund, $2,479.00 for the CDBG Fund, $4,614.96 for the Measure M2 Fund, $932.23 for the COPS Fund, $32,686.35 for the ARPA Fund and $597,187.07 for the CIP Fund.

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FISCAL YEAR 2023/24 APPROPRIATION ADJUSTMENTS FOR GENERAL FUND,

SPECIAL REVENUE FUNDS AND CAPITAL PROJECT CARRYOVERS AND FISCAL YEAR 2022/23 FINAL BUDGET ADJUSTMENTS
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ALTERNATIVES
The City Council could choose to remove any items from the carryover list or request additional information about one or more carryovers from staff.

ATTACHMENTS
Attachment 1 – Operating Budget Carryover Schedule
Attachment 2 – Vehicle and Equipment Budget Schedule
Attachment 3 – Capital Improvement Project Carryover Schedule Attachment 4 – Fiscal Year 2022/23 Final Budget Appropriations

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Attachment 1
Fund Fund Description Division Account No. Account Description PO Carryover Budget Carryover 101 General Fund Information Technology 1010130-431900 Computer Software Consultant 18,467.50 18,467.50 101 General Fund Information Technology 1010130-433950 Misc Other Contract Services 909.10 909.10 101 General Fund Emergency Management 1010140-433950 Misc Other Contract Services 2,811.89 2,811.89 101 General Fund General Government 1010170-433950 Misc Other Contract Services 38,359.43 38,359.43 101 General Fund Planning 1010220-431950 Misc Contract Services 24,360.88 24,360.88 101 General Fund Planning 1010220-431950 Misc Contract Services - 247,990.95 * 101 General Fund Parks & Rec - Park Maint 1010460-433950 Misc Other Contract Services 19,519.44 19,519.44 101 General Fund Parks & Rec - Cultural Arts Center 1010475-421100 Special Supplies 3,759.66 3,759.66 101 General Fund Finance 1010600-433950 Misc Other Contract Services 11,776.25 11,776.25 General Fund Total 119,964.15 367,955.10
210 PEG Fund Information Technology 2101000-431820 Video Production Service 730.37 730.37 LMAD Fund Total 730.37 730.37
Operating Budget Grand Total 120,694.52 368,685.47
* $247,990.95 is the unencumbered balance from FY 2022/23 that has been requested to be carried over for anticipated Housing Element expenditures in FY 2023/24.

City of Yorba Linda
Fiscal Year 2022/23 Operating Budget Carryovers
October 17, 2023

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Attachment 2
Fund Fund Description Division Account No. Account Description PO Carryover Budget Carryover 101 General Fund City Manager 1010110-461100 Office Equipment/Furniture 2,646.68 2,646.68 101 General Fund Parks & Rec - Community Center 1010440-463050 Building Improvements 75,661.02 75,661.02 101 General Fund Parks & Rec - Fieldhouse 1010450-463050 Building Improvements 327.00 327.00 101 General Fund Parks & Rec - Cultural Arts Center 1010475-461120 Computer Hardware/Software 1,124.21 1,124.21 General Fund Total 79,758.91 79,758.91
501 Black Gold GC Fund Black Gold Golf Course 5010480-461030 Capital Projects 5,120.00 5,120.00 501 Black Gold GC Fund Black Gold Golf Course 5010480-461040 GC Emergency Capital/Repairs 6,635.39 6,635.39 501 Black Gold GC Fund Black Gold Golf Course 5010480-461150 Machinery/Equipment 20,949.21 20,949.21 Black Gold GC Fund Total 32,704.60 32,704.60
Vehicles/Equipment Grand Total 112,463.51 112,463.51
City of Yorba Linda
Fiscal Year 2022/23 Vehicle and Equipment Budget Carryovers October 17, 2023

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Attachment 3
Project Type Account No. Project No. Project Description PO Carryover Budget
Carryover Funding Source
Municipal Buildings/Facilities 4010050-461610 FC221002 Susanna Bixby Bryant Museum Slope Stabilization 1,900.00 (12,350.00) Special Reserve Municipal Buildings/Facilities 4010050-461610 FC221005 Renovation of City Yard Lunchroom, Restroom and Locker Room 7,300.00 141,500.00 Special Reserve Municipal Buildings/Facilities 4010050-461610 FC221007 Parks & Facilities Parking Lot Maintenance 18,698.00 27,655.00 Special Reserve Total Municipal Buildings/Facilities 27,898.00 156,805.00 Street Improvements 4010050-461620 SI201001 Yorba Linda Blvd Widening - Imperial Hwy to Lakeview Ave. 414,577.33 21,950.00 Misc Grants Street Improvements 4010050-461620 SI201001 Yorba Linda Blvd Widening - Imperial Hwy to Lakeview Ave. - (76,900.00) Gas Tax Street Improvements 4010050-461620 SI201001 Yorba Linda Blvd Widening - Imperial Hwy to Lakeview Ave. - 59,974.00 Measure M2 Street Improvements 4010050-461620 SI201003 Lakeview Ave Widening - Oriente to Bastanchury 11,667.18 (5,481.00) Measure M2 Street Improvements 4010050-461620 SI201005 YL Widening - La Palma to SR 91 46,003.85 (4,191.00) Misc Grants Street Improvements 4010050-461620 SI201007 Bridge Maintenance Program 95,230.84 - N/A Street Improvements 4010050-461620 SI201008 ADA Transition Plan 15,435.94 47,061.00 Special Reserve Street Improvements
4010050-461620 SI211001 Savi Ranch Pkwy. Improvements - Yorba Linda Blvd. to Mirage St. (PS&E) 359,843.32 140,007.00 Misc Grants
Street Improvements
4010050-461620 SI211001 Savi Ranch Pkwy. Improvements - Yorba Linda Blvd. to Mirage St. (PS&E) - 247,447.00 Measure M2
Street Improvements
4010050-461620 SI211001 Savi Ranch Pkwy. Improvements - Yorba Linda Blvd. to Mirage St. (PS&E) - 50,630.00 Traffic Mitigation
Street Improvements 4010050-461620 SI211002 Yorba Linda Blvd Widening - La Palma Ave. to Santa Ana Cyn Rd. 2,175,245.00 98,190.00 General Fund Street Improvements 4010050-461620 SI211002 Yorba Linda Blvd Widening - La Palma Ave. to Santa Ana Cyn Rd. - 654,600.00 Misc Grants Street Improvements 4010050-461620 SI211002 Yorba Linda Blvd Widening - La Palma Ave. to Santa Ana Cyn Rd. - 120,010.00 Gas Tax Street Improvements 4010050-461620 SI221002 Town Center Specific Plan Improvements 2,697.50 38,973.00 Special Reserve Street Improvements 4010050-461620 SI221004 Bastanchury Rd. Median Modification (Fairmont Village Ctr. Dr.) 61,512.00 (11,505.00) Measure M2 Street Improvements 4010050-461620 SI221004 Bastanchury Rd. Median Modification (Fairmont Village Ctr. Dr.) - (15,705.00) RMRA Street Improvements 4010050-461620 SI221005 Bastanchury Rd. Widening - Casa Loma Ave. to Eureka Ave. 4,257,755.58 (68,799.00) Misc Grants Street Improvements 4010050-461620 SI221005 Bastanchury Rd. Widening - Casa Loma Ave. to Eureka Ave. - (69,236.00) Gas Tax Street Improvements 4010050-461620 SI221009 Ongoing Street Maintenance Program/APPP - Zone 6 153,730.36 300,000.00 General Fund Street Improvements 4010050-461620 SI221009 Ongoing Street Maintenance Program/APPP - Zone 6 - 174,578.00 Gas Tax Street Improvements 4010050-461620 SI221009 Ongoing Street Maintenance Program/APPP - Zone 6 - 120,685.00 RMRA Street Improvements 4010050-461620 SI231002 La Palma Ave. Improvement Project - West City Limit - (483.00) Gas Tax Street Improvements 4010050-461620 SI231003 Ongoing Street Maintenance Program/APPP - Zone 5 10,046,456.89 1,084,391.00 Measure M2 Street Improvements 4010050-461620 SI231003 Ongoing Street Maintenance Program/APPP - Zone 5 - 68,427.00 RMRA Total Street Improvements 17,640,155.79 2,974,623.00
Traffic Control 4010050-461630 TC201001 Imperial Highway/SR-90 Corridor - 483,721.00 Misc Grants Traffic Control 4010050-461630 TC201001 Imperial Highway/SR-90 Corridor - 120,930.00 Measure M2 Traffic Control 4010050-461630 TC201003 Traffic Signal - Bastanchury Rd. at Eureka Ave 380,130.76 (19,869.00) Measure M2 Traffic Control 4010050-461630 TC201004 Traffic Signal - Bastanchury Rd. at Casa Loma Ave 380,130.76 (4,615.00) Traffic Mitigation City of Yorba Linda
Fiscal Year 2022/23 Capital Improvement Project Budget Carryovers October 17, 2023

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Attachment 3
Project Type Account No. Project No. Project Description PO Carryover Budget
Carryover Funding Source
City of Yorba Linda
Fiscal Year 2022/23 Capital Improvement Project Budget Carryovers October 17, 2023
Traffic Control 4010050-461630 TC201004 Traffic Signal - Bastanchury Rd. at Casa Loma Ave - (15,254.00) Lighting & Signal Traffic Control 4010050-461630 TC221001 Active Transportation Plan - 35,981.00 Misc Grants Traffic Control 4010050-461630 TC221001 Active Transportation Plan - 3,122.00 Measure M2 Traffic Control 4010050-461630 TC221001 Active Transportation Plan - 1,540.00 Traffic Mitigation Traffic Control 4010050-461630 TC221002 Orangethorpe/Esperanza Corridor Traffic Signal Sync - 60,000.00 Measure M2 Traffic Control 4010050-461630 TC221003 Tustin Avenue/Rose Drive TSS - 33,028.00 Measure M2 Traffic Control 4010050-461630 TC231002 Citywide Traffic Signal Modification/Rehabilitation 7,500.00 14,363.00 Measure M2 Traffic Control 4010050-461630 TC231003 Yorba Linda Blvd Corridor Traffic Signal Synchronization 1,201,223.30 107,801.00 Lighting & Signal Total Traffic Control 1,968,984.82 820,748.00
Landscaping Improvements 4010050-461640 LI231001 LMAD Capital Improvement Renovation 494,139.78 779,559.00 LMAD Landscaping Improvements 4010050-461640 LI221001 Local Zone L2-F Live Oak Drainage Construction 26,061.40 45,944.00 Master Plan of Drainage Landscaping Improvements 4010050-461640 LI221007 Yorba Linda Fuel Reduction Project 20,878.49 (186,464.00) Misc Grants Total Landscaping Improvements 541,079.67 639,039.00
Storm Drain Improvements 4010050-461650 SD201001 Storm Drain Master Plan 23,221.00 37,754.00 Master Plan of Drainage Total Storm Drain Improvements 23,221.00 37,754.00
Parks & Recreation 4010050-461660 PR201002 Adventure Playground 280,803.64 (195,475.00) General Fund Parks & Recreation 4010050-461660 PR231001 Vista Del Verde Park Basketball Court 21,446.70 (10,556.00) General Fund Parks & Recreation 4010050-461660 PR231001 Vista Del Verde Park Basketball Court - (7,037.00) Misc Grants 302,250.34 (213,068.00)
Miscellaneous PW Improve 4010050-461670 MS221001 Cal-Recycle Grant - SB1383 Organics - 14,803.00 Misc Grants Miscellaneous PW Improve 4010050-461670 MS231002 Black Gold Emergency Storm Drain Repair 34,658.00 50,760.00 Master Plan of Drainage 34,658.00 65,563.00
Capital Projects 4041081-461030 Street Improvements 3,055.50 3,055.50 Capital Improvement Program Grand Total 20,541,303.12 4,484,519.50

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Attachment 4
FY 2022/23
Fund Fund Description Description Account No. Account Description Budget Appropriation 102 Special Reserves Vacation Buyback 1021999-491010 Transfer Out - General Fund 106,883.19 102 Special Reserves Additonal Project Costs 1021999-494010 Transfer Out - CIP Fund 557,406.76 Total Special Reserves Fund 664,289.95
208 CDBG Fund
Additional CDBG Funds to Project
FC231005 2081999-494010 Transfer Out - CIP Fund 2,479.00 Total CDBG Fund 2,479.00
212 Measure M2 Additional Project Costs 2121999-494010 Transfer Out - CIP Fund 4,614.96 Total Measure M2 Fund 4,614.96
215 COPS Fund Transfer Add'l Revenue to GF 2151999-491010 Transfer Out - General Fund 932.23 Total COPS Fund 932.23
218 ARPA Fund Approp. Interest Revenue to Project 2181999-494010 Transfer Out - CIP Fund 32,686.35 Total ARPA Fund 32,686.35
401 CIP Fund Approp. Additional Project Costs 4010050-461610-FC231005 Field House ADA Walkway Impr. 2,479.00 401 CIP Fund Approp. Additional Project Costs 4010050-461610-FC231007 C&C Development/Trueblood Rehab 545,216.76 401 CIP Fund Approp. Additional Project Costs 4010050-461620-SI211008 Street Impr. - APPP Zone 4 12,190.00 401 CIP Fund Approp. Additional Project Costs 4010050-461620-SI211009 Street Impr. - APPP Zone 6 32,686.35 401 CIP Fund Approp. Additional Project Costs 4010050-461630-TC201004 Trfc Sig - Bastanchury/Casa Loma 4,614.96 Total CIP Fund 597,187.07
City of Yorba Linda
Fiscal Year 2022/23 Final Budget Appropriations
October 17, 2023

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PUBLIC WORKS DEPARTMENT
DATE: OCTOBER 17, 2023
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: REVISIONS TO CITY COUNCIL POLICY E-5

RECOMMENDATION
It is recommended that City Council:

1. Approve various revisions to the City Council Policy E-5; and

2. Authorize the City Manager or designee to sign Declarations of Restrictive Covenants (DORC) or Encroachment Agreements on behalf of the City for minor encroachments as outlined in Policy E-5.

BACKGROUND
On June 2, 2020, City Council adopted the current Policy E-5 to establish guidelines for issuing permits for encroachments on City-owned property and within City easements.

In response to public input received to approve minor encroachments onto City easements, City staff has prepared the revisions to City Council Policy E-5.

DISCUSSION
The typical E-5 approval process through City Council spans a minimum of two months.

Applicants have voiced concerns on waiting for this approval even for minor encroachments.

City staff has reviewed the Policy E-5 and recommends revisions to the policy specifically related to minor encroachments that do not protrude into City facilities with structural improvements. Under the amended policy, minor encroachments would require City Manager (or designee) level approval. Examples include fencing without posts, aerial building/roof overhangs, low landscaping, flat hardscaping (pavers), movable furniture, sheds, etc. Other encroachments including underground improvements will still require City Council approval.

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R E V I S I O N S T O C O U N C I L P O L I C Y E - 5
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FISCAL IMPACT
There is no fiscal impact associated with the actions outlined in this report.

ALTERNATIVES
Keep currently adopted Policy E-5, and all Declarations of Restrictive Covenants and Encroachment Agreements shall obtain City Council approval. This alternative is not recommended as this process can delay applicant’s approval process by two to three months on minor encroachments.

ATTACHMENT
Attachment 1 - Draft Revisions to City Council Policy E-5 (Redline) Attachment 2 - Draft Revisions to City Council Policy E-5 (Clean Copy)

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POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 1 Revision Date: October 17, 2023
Date Adopted: June 2, 2020
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 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.

City Council Policy

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POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 2 Revision Date: October 17, 2023
Date Adopted: June 2, 2020
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 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 regards 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, or as noted herein by City Manager or designee on an individual case-by-case basis.

City Council Policy

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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.

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 3 Revision Date: October 17, 2023
Date Adopted: June 2, 2020
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 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 storm-water 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.

City Council Policy

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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:

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 4 Revision Date: October 17, 2023
Date Adopted: June 2, 2020
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.
• 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 City Council Policy

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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 (1’) or less onto a City easement, and POLICY: ENROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 5 Revision Date: October 17, 2023
Date Adopted: June 2, 2020
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 will either require (a) a City Council determination/ finding, or (b) City Manager or designee 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 City Council Policy

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execute a Declaration of Restrictive Covenants (DORC) or Encroachment Agreement. .

An Encroachment Agreement applies to permanent encroachments within public right-of-way. Declaration of Restrictive Covenant applies to permanent encroachments over City easements.

A City Council determination/ finding is required for more significant encroachments into public easements (i.e. retaining walls or structures, deep foundations protruding within easement greater than one and a half (1.5’) feet from existing ground). City Council approval is also required if subsequent processes of approval are required (i.e. Planning Commission’s 65402 finding).

The City Manager or designee may approve minor permanent encroachments without City Council approval (i.e. fencing, building or roof overhangs aerially, landscaping, hardscaping, movable furniture, sheds, etc).

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 6 Revision Date: October 17, 2023
Date Adopted: June 2, 2020
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:
• 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.

City Council Policy

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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 POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 7 Revision Date: October 17, 2023
Date Adopted: June 2, 2020
required to execute a Declaration of Restrictive Covenants for the prior easement area.

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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.
• 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: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 8 Revision Date: October 17, 2023
Date Adopted: June 2, 2020
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
City Council Policy

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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.

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.

POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 9 Revision Date: October 17, 2023
Date Adopted: June 2, 2020

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.

City Council Policy

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11. Fence location shall be parallel to the top of slope at the limit of the easement vacation.

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II. BACKGROUND
The City holds easement rights over properties citywide for various defined uses.

City Council Policy

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The City will apply the following restrictions and exceptions to the use of land within City easements.

Right of Way Easements: Obstruction of right of way easements is prohibited.

City Council Policy

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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:

City Council Policy

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POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 4 Revision Date: October 17, 2023
Date Adopted: June 2, 2020
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.
• 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.

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POLICY: ENROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 5 Revision Date: October 17, 2023
Date Adopted: June 2, 2020
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.

An Encroachment Agreement applies to permanent encroachments within public right-of-way. Declaration of Restrictive Covenant applies to permanent encroachments over City easements.

City Council Policy

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POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 7 Revision Date: October 17, 2023
Date Adopted: June 2, 2020
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.
• 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.

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POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 8 Revision Date: October 17, 2023
Date Adopted: June 2, 2020
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.

GENERAL FENCE RELOCATION GUIDELINES

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.

City Council Policy

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POLICY: ENCROACHMENTS AND USES WITHIN CITY EASEMENTS
Number: E-5 Issue Number: 4
Page: 9 Revision Date: October 17, 2023
Date Adopted: June 2, 2020

9. Area shall not be used as an animal kennel or holding area.

11. Fence location shall be parallel to the top of slope at the limit of the easement vacation.

City Council Policy

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PUBLIC WORKS DEPARTMENT
DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS / CITY ENGINEER PREPARED BY: JOSE ROMANI, ASSISTANT ENGINEER
SUBJECT: AUTHORIZATION OF ENCROACHMENT ONTO CITY EASEMENT REQUEST- 5887 LAKEVIEW LANE

RECOMMENDATION
It is recommended that the City Council:

1. Authorize the 4-inch vitrified clay pipe (VCP) lateral connection to the existing YLWD sewer line to service 5887 Lakeview Lane; and

2. Determine such encroachments will not adversely impact the City’s easement, City’s facility, or general public safety, and

3. Require the property owner at 5887 Lakeview Lane to execute a Declaration of Restrictive Covenants Agreement pursuant to City Council Policy E-5.

BACKGROUND
The following easements exist at 18122 Lantana Drive (Easement Property, See Exhibit B):

1. A City 25-ft wide drainage easement is located on the easterly side of the Easement Property.

2. A YLWD 20-ft sewer easement is located on the easterly side of the Easement Property. It overlaps the City’s 25-ft drainage easement. A sewer line runs northsouth of the sewer easement.

The property owner at 5887 Lakeview Lane (Subject Property) is requesting the City to permit the installation of the 4-inch VCP sewer tie-in on the Easement Property. The Subject Property is located east of the Easement Property (See Exhibit B).

DISCUSSION
The current Policy E-5, adopted in 2020, addresses the use of City-held easements. The City owns easement rights over properties citywide for various defined uses. In 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

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A U T H O R I Z A T I O N O F 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 - 5 8 8 7 L A K E V I E W L A N E
P a g e | 2
state that over one foot of encroachment constitutes a property/easement vacation process.

However, this specific easement is for drainage purposes and should not be vacated. After reviewing the proposed improvements and conducting a site visit, Public Works has verified that there can be minor future impacts to the intended use of the drainage easement. The City has an existing v-ditch within the easement but located southerly from subject property.

The proposed improvements could potentially conflict with future maintenance of the drainage easement when necessary but do not significantly impact the City’s normal use of the easement. As such, any above-ground improvements may need to be removed and/or demolished before gaining access to the drainage easement. Access to the drainage easement is not required for routine maintenance but is necessary if the drainage course requires inspection or improvement(s) within the easement area. Thus, a Declaration of Restrictive Covenant is required (See Exhibit C).

The proposed improvement(s) within the easement area were evaluated by the property owner and Public Works and determined to have no physical adverse effects on the City’s daily use of the drainage easement and does not adversely impact existing buildings or adjacent properties.

Staff recommends that the proposed improvement(s) within the City’s drainage easement be permitted and requests authorization for the City Manager to grant the property owner an Encroachment Permit for the proposed improvements over the storm drain easement, and to enter into a Declaration of Restrictive Covenants Agreement (Agreement). This Agreement 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 improvements. In addition, the property owner would be responsible for the removal / replacement costs of said improvement(s) in the event of a drainage repair. The 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 are satisfied.

FISCAL IMPACT
There is no direct fiscal impact. The property owner will be required to pay for the recording of the Agreement and staff time associated with processing any permits, as allowed in the City’s Fee Schedule. The property owner would be responsible for the removal / replacement costs of said improvements in the 25-ft drainage easement.

ALTERNATIVES
Determine that the proposed improvements do significantly impact the City’s normal use of the easement for drainage purposes and deny the developer’s improvement within the drainage easement.

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A U T H O R I Z A T I O N O F 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 - 5 8 8 7 L A K E V I E W L A N E
P a g e | 3

ATTACHMENTS

1.) Exhibit A: Vicinity Map

2.) Exhibit B: Site Plan

3.) Exhibit C: Declaration of Restrictive Covenants Agreement

4.) Exhibit D: City Council E-5 Policy

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EXHIBIT A: VICINITY MAP

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City of Yorba Linda
Public Works
Vicinity Map
5887 Lakeview Lane
Source: City of Yorba Linda, 2022 Vicinity Site

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EXHIBIT B: SITE PLAN

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25 -ft Drainage
Easement
20-ft YLWD
SEWER
5887 Lakeview Lane
18122 Lantana Drive 4-Inch VCP Sewer Tie-In
(TR 9522 Lot 9)
18112 Lantana Drive
(TR 9522 Lot 8)

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EXHIBIT C: DECLARATION OF RESTRICTIVE COVENANTS AGREEMENT

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2616/009410-1001
7013531.2 a08/30/23 -1-

RECORDING REQUESTED BY

CITY OF YORBA LINDA
When recorded, return to:

City of Yorba Linda
Engineering Division
4845 Casa Loma Avenue
Yorba Linda, CA 92885

EXEMPT (FREE) RECORDING REQUESTED
UNDER GOVERNMENT CODE 27383
THIS AREA FOR RECORDER’S USE ONLY

DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON CITY EASEMENT)
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made this _______________________, 2023, by and between CITY OF YORBA LINDA ("CITY"), a public agency, and WILLIAM BEVERAGE ("DECLARANT"), with reference to the following:

RECITALS
A. The DECLARANT owns real property located at 5887 LAKEVIEW LANE, Yorba Linda, California 92886 (APN 343-321-03) ("Subject Property"), as shown in Exhibit “A”, which is more particularly described as follows:

YORBA LINDA TR, IN THE CITY OF YORBA LINDA,
COUNTY OF ORANGE, STATE OF CALIFORNIA.

B. CITY right-of-way, as identified on TRACT MAP NO. 9522, Official Records of Orange County, California ("Easement"), across a portion of Lot 9 (18122 LANTANA DRIVE) Property. Within the Easement, CITY owns a 25-FOOT-WIDE DRAIN EASEMENT ("City Facility").

C. The DECLARANT desires to make a 4-inch vitrified clay pipe (VCP) connection to the existing YLWD sewer line (herein referred to as "Improvements") within and along the Easement area (hereinafter referred to as an “Encroachment"), as illustrated in Exhibit "B" attached hereto and incorporated by reference herein.

D. CITY conditionally consents to the Encroachment within and along the Easement area as stipulated in this Declaration. DECLARANT is aware that the Improvements will affect the CITY’s use of the Easement and DECLARANT will be liable for any costs arising out of or related to the Encroachment.

NOW, THEREFORE, incorporating the above recitals, CITY and DECLARANT hereby declare as follows:

October 17th

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2616/009410-1001
7013531.2 a08/30/23 -2-

1. Covenant Running with Land. This Declaration constitutes a covenant running with the land, as provided by California Civil Code Section 1468, and shall benefit, burden, and bind the DECLARANT and the CITY. The term “DECLARANT” shall include not only the present DECLARANT, but also the DECLARANT’S heirs, successors, executors, administrators, and assigns.

2. Damages to City Facilities. DECLARANT assumes full responsibility and liability and shall pay for any cost(s) or damage(s) to the City Facilities and appurtenant structures, arising from or related to the construction, existence, removal, and/or use of the Improvements. CITY shall not be responsible for any cost(s) or damage(s) to the City Facilities and appurtenant structures that arise from the Encroachment.

3. Damages to Third Parties. DECLARANT agrees to indemnify, defend and hold harmless CITY and its officers, directors, employees, agents, consultants, and other authorized representatives from any and all liability, claims, demands, damages (whether contract or tort, including personal injury, death, or property damage), costs, and financial loss, including all costs and expenses of litigation or arbitration, which result or are claimed to have resulted directly or indirectly from the Encroachment, including but not limited to the construction, existence and/or use of the Improvements.

4. Notice of Intent to Remove Improvements. DECLARANT shall notify City of its intent to remove any and all Improvement(s) in the Easement area at least fourteen days prior to removal.

5. Damages to Improvements. DECLARANT acknowledges that the CITY may damage or demolish the Improvements so that it can reasonably access or conduct reasonable work within and under the Easement area. CITY, its officers, directors, employees, agents, consultants, and other authorized representatives shall not be responsible for any damage(s) to or because of the Improvements which result from CITY's exercise of its rights under the Easement. DECLARANT waives all known, unknown, and future claims, liabilities, causes of action, and expenses against CITY, its officers, directors, employees, agents, consultants, and other authorized representatives for losses and damages to the Improvements and from any obligation to protect, preserve, repair, or replace the Improvements. The construction, use, protection, repair and replacement of the Improvements shall be entirely the risk and obligation of DECLARANT, even if damage is caused by CITY.

6. Recording of Agreement. This Declaration shall be recorded in the Office of the Recorder of the County of Orange, California, and shall constitute notice to all successors and assigns of the title to the Subject Property of the rights and obligations set forth herein.

7. Severability. The invalidity or unenforceability of any provision of this Declaration shall in no way affect the validity or enforceability of any provision hereof.

8. Governing Law. This Declaration shall be governed by, and construed in accordance with, the laws of the State of California.

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2616/009410-1001
7013531.2 a08/30/23 -3-

9. Attorneys’ Fees. In the event any action shall be instituted between the DECLARANT and the CITY in connection with this Declaration, the party prevailing in such action shall be entitled to recover from the other party all of its costs of action, including, without limitation, attorneys’ fees and costs as fixed by the court therein. (INTENTIONALLY BLANK)

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DECLARATION OF RESTRICTIVE COVENANTS
(ENCROACHMENT ON CITY EASEMENT)
5887 LAKEVIEW LANE

CITY OF YORBA LINDA
By:
,. y Engineer
Attest:

By: �Mu
1 Marcia Brown
tA.. �1-t..v--
City Clerk
Approved as to Form:

Rutan & Tucker LLP
By:

Todd Litfin
City Attorney
2616/009410-1001
70 13531.2 a0S/30/23

DECLARANT
By:
-4-

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City of Yorba Linda
Public Works
Vicinity Map
5887 Lakeview Lane
Source: City of Yorba Linda, 2022 Vicinity Site

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25 -ft Drainage
Easement
20-ft YLWD
SEWER
5887 Lakeview Lane
18122 Lantana Drive 4-Inch VCP Sewer Tie-In
(TR 9522 Lot 9)
18112 Lantana Drive
(TR 9522 Lot 8)

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CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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 _ _.(_.)_.c a....... __,_(\�<j=-i • .--(. _______ _ } On Se p �b,u o'"\.;1o.l.3before me, Hosh: Ynkhr;,,nac:A: H6d,,' (flol-cNry f\J blfc) Date Here Insert Name and Title of the Officer 7
personally appeared __ .1.,1Lv�i..!Utlwt_.a4..1W'\[L.J. __ Ol,£J.olLOt--"A'..\..LJldt.4----=..lo�g,�Y9-C�.!,!o...l,,IA<\-.Q,,=------ ----- Name(s) of Signer(s) J
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.

Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hp: s�V----
Signature ---L-'�-�""�=--------, �- �
z_::�__ =:...._
Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other: ______________ _ Signer is Representing: _________ _ Signer's Name: ____________ _
□ Corporate Officer - Title(s): ______ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _
l�it.!)18l�l�OOJil\"l��-.
©2019 National Notary Association

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EXHIBIT D: CITY COUNCIL E-5 POLICY

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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

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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.

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

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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.

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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:

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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.

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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.

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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

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.

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PUBLIC WORKS DEPARTMENT
DATE: OCTOBER 17, 2023
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: APPROVE EASEMENT AGREEMENT WITH YORBA LINDA WATER

DISTRICT FOR MAIN STREET SEWER IMPROVEMENT

RECOMMENDATION
It is recommended that the City Council approve the easement agreement with Yorba Linda Water District (YLWD) for the Main Street Sewer Improvement and authorize the City Manager to execute the agreement on behalf of Council.

BACKGROUND/DISCUSSION
The Yorba Linda Water District has been contemplating a sewer capacity improvement project on Main Street that would benefit the properties along Main Street. The existing sewer line is in disrepair and will also be upsized to accommodate future anticipated growth along Main Street. In order to facilitate the improvement, YLWD is seeking to upgrade the existing sewer line in addition to ensuring they have adequate maintenance access easements in perpetuity. The purpose of the attached easement agreement is to provide for the deed of easement across City owned property to accommodate YLWD’s access and alignment concerns. It will dedicate non-exclusive easement rights to YLWD for purposes of a new sewer line alignment and maintenance access purposes. In addition, the agreement includes conveyance of a temporary license that will allow YLWD and/or its contractors to perform work in the City’s parking lot on Olinda Drive during the construction phase of this sewer improvement project.

FISCAL IMPACT
There is no direct fiscal impact related to the recommended approval and execution of the proposed agreement.

ALTERNATIVES
The City Council may elect to not approve the recommended easement agreement.

However, this is not recommended as it will prevent YLWD from being able to complete the necessary sewer capacity upgrades to their Main Street sewer line. This will potentially impact economic development opportunities as it will limit the redevelopment opportunity for

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

D I S T R I C T F O R M A I N S T R E E T S E W E R I M P R O V E M E N T P a g e | 2
new and updated uses along Main Street.

ATTACHMENTS
Attachment 1 – Easement Agreement (YLWD)

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1 MAIN STREET CONSTRUCTION AND SEWER EASEMENT

AGREEMENT
This Construction and Sewer Easement Agreement (“Agreement”) is entered into as of _____________________, 2023 (“Agreement Date”), by and between the Yorba Linda Water District, a public agency, created and operating under authority of Division 12 of the California Water Code (“YLWD”), and the City of Yorba Linda (“CITY”). YLWD and CITY may be individually referred to herein as a “Party” and collectively as the “Parties.”

RECITALS
A. CITY is the owner of certain property located in the City of Yorba Linda, County of Orange, California (“Property”) depicted in Exhibit “A”. YLWD provides retail municipal water service and sewer service to land within its service area, including the Property.

B. YLWD has determined that an existing 6-inch sewer pipeline and appurtenances, which serve YLWD’s and the CITY’s joint customers near Main Street in Yorba Linda, are in poor condition and must be replaced. YLWD desires the following work to be performed: (1) replace the existing sewer pipeline and appurtenances with a new 8-inch sewer pipeline and appurtenances (“New Sewer Main”), (2) construct a sewer manhole within a portion of the Property, (3) install a paved 15- foot wide access road from the rear of the Property line to Olinda Street, with a standard driveway apron at Olinda Street within the areas of the Sewer Easements (defined below), and (4) grade to allow the access road to be level and accessible by YLWD’s maintenance vehicles ((1) through (4) are collectively referred to as the “Project” and (3) and (4) are collectively referred to as the “Access Road”). The Parties intend for future development of the Property by CITY or its successor or assignee, as authorized by Section 16 below, to trigger construction of the Access Road. The Parties may modify the area and location of the Access Road based on mutual written agreement of the Parties, which will require modification of Sewer Easement No. 2 for the modified Access Road. The existing parking lot configuration provides YLWD limited access to the Property and existing YLWD facilities.

C. For the Project, YLWD requires (1) a temporary and irrevocable license across a portion of the Property as described and depicted on Exhibit “B” (“License”), and (2) two perpetual and non-exclusive easements across a portion of the Property as described and depicted in Exhibit “C” (Grant of Easement for Sewer Easement No. 1) and Exhibit “D” (Grant of Easement for Sewer Easement No. 2) (collectively referred to herein as the “Sewer Easements”) so YLWD may access, install, construct, remove, inspect, replace, maintain, repair, improve, and/or relocate subterranean pipeline or pipelines, manholes and other appurtenances, including the New Sewer Main (collectively the “YLWD Facilities”), in, on, or under the Property. The Sewer Easements are non-exclusive to facilitate other potential uses, including utilities, within the area of the Sewer Easements as long as such uses (i) do not materially interfere with the use of the Sewer Easements for YLWD purposes and (ii) are approved in writing by YLWD and such approval may not be unreasonably withheld.

D. CITY understands that YLWD’s obligations in this Agreement and ability to cause construction of the Project are conditioned on CITY granting YLWD: (1) temporary access onto the Property, via the License, and (2) the right to permanently access the Property, via the Sewer

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2 Easements. Based on this understanding, and in consideration of the terms of this Agreement, CITY intends to grant to YLWD the License and Sewer Easements.

AGREEMENT
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged and accepted, the Parties agree as follows:

1. Project and Project Plans. With execution of this Agreement, CITY will grant to YLWD a perpetual and non-exclusive easement (Sewer Easement No. 1) in the Property in substantially the form attached hereto as Exhibit “C”. At YLWD’s expense, YLWD will construct a portion of the New Sewer Main within the Sewer Easement No. 1 area as shown on YLWD’s specifications and plans (“Project Plans”). If the Property is to be developed, then YLWD and CITY shall cause the prospective developer of the Property to construct the Access Road in Sewer Easement No. 2 per YLWD’s standards and specifications.

1.1 Maintenance and Replacement. In accordance with the Project Plans, YLWD will cause its Project contractor to maintain and clean the construction site and access areas of construction-related debris both during construction at all times and upon completion (final cleaning) of the Project. YLWD will replace in-kind City-owned facilities, such as pavement, curb and gutter, landscape, fencing, lighting, and irrigation lines that were damaged or removed by YLWD during construction of the Project so long as the City-owned facilities do not encroach on YLWD Facilities or areas of either the Sewer Easements or existing YLWD easements.

1.2 Permits and Related Approvals. YLWD will cause its Project contractor to obtain any necessary permits or approvals for the Project. In accordance with the Memorandum of Understanding with the CITY dated March 16, 2021, YLWD and YLWD’s Project contractor will not pay any CITY fees for the Project.

1.3 Notice of Construction Start and Construction Completion. At least 21 calendar days prior to commencing construction on the New Sewer Main and then again upon the construction of the Access Road, YLWD will serve written notice to CITY of the intended date for YLWD to begin the Project (“Notice of Construction Start”). Within 14 calendar days after completing the New Sewer Main and then again upon completing the Access Road, YLWD will provide written notice to CITY of completion (“Notice of Construction Completion”).

1.3.1 Notice to Adjacent Property Owners. YLWD and CITY shall at a minimum have a joint information meeting, at least two (2) months prior to start of construction, with adjacent property owners along Main Street and Olinda to provide them with the scope and schedule of the Project and requirements for property owners regarding their encroachments in YLWD’s Sewer Easements and YLWD existing easements. YLWD and CITY will provide notice of the initial meeting and any future meetings at least 14 calendar days prior to the meeting date, unless otherwise agreed to by both Parties. Along with the aforementioned notice of the owners meeting, YLWD shall provide the necessary and timely outreach information regarding the connection process so affected businesses on septic systems have time to make informed decisions on connecting to the New Sewer Main.

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3 1.4 Periodic Updates. YLWD will update CITY on the progress of the Project periodically and at the reasonable request of CITY.

1.5 Parking. YLWD shall attempt to maintain access to as large of a number of parking spaces on the Property as possible during construction of the Project. Only partial closure of the parking lot will be permitted during construction, unless the Parties mutually agree that the entire parking lot may be closed for a limited period of time during construction. However, closure duration shall be minimized and adequate advance notification shall be provided by YLWD to surrounding properties (including INO and businesses along Olinda at minimum. At least 21 calendar days prior to start of the Project, YLWD shall provide signage (at the driveway entry) and written notification to (a) properties within a 300 ft radius and (b) all properties on Olinda and Main Street (including the commercial business located at 18181 Imperial Highway).

The signage and written notice will inform the properties of both imminent Project commencement and reduction of available parking stalls.

1.6 Survey. YLWD conducted a survey of the Property to specifically ascertain the location of the property lines of the affected Property. The survey ascertained the location of a three (3) foot walkway on the southern portion of the Property. At the time of construction of the Access Road, the three (3) foot walkway servicing Parcel 32 shall be reconfigured as necessary by the prospective developer of the Property.

2. Sewer Easement No. 2. With execution of this Agreement, CITY will grant to YLWD a perpetual and non-exclusive easement (Sewer Easement No. 2) in the Property in substantially the form attached hereto as Exhibit “D”. Sewer Easement No. 2 will allow YLWD, among other things described in both this Agreement and Exhibit “D”, to continue to access and maintain YLWD Facilities through the CITY’s Olinda Street parking lot.

3. License. With execution of this Agreement, CITY will grant to YLWD a License substantially in the form attached hereto as Exhibit “B” that shall be effective as of the Agreement Date and terminate upon Notice of Construction Completion for both the New Sewer Main and the Access Road, whichever is later. YLWD may use the License area to construct the Project per the terms of the License in the form attached hereto as Exhibit “B”.

4. Existing Encroachments. As part of the Project, and with the CITY’S support, YLWD shall remove any and all encroachments as deemed necessary during construction (in the ground and vertically) in the Sewer Easement Area No. 1, which does not include existing YLWD sewer and water lines since these existing YLWD facilities are not encroachments. The encroachments to be removed by YLWD, are depicted and identified in Exhibit “E”. YLWD shall also remove and restore encroachments upon completion of the Project per YLWD’s discretion and easement rights. Any encroachments that the District does not require to be removed will be subject to a Declaration of Restrictive Covenants. The CITY shall notify YLWD as soon as practicable of the pending transfer or development of the parking lot parcels 25, 26, 27, 28, 29, 30 and 31. The Parties understand that the CITY does not own Parcel 32. To the extent there are existing encroachments on the Property that service Parcel 32, the Parties understand that the Access Road may need to be relocated to facilitate the continued existence of the encroachments servicing Parcel 32. The CITY shall remove, at the CITY’s expense, any and all encroachments (in the ground and vertically) in Sewer Easement No. 2 necessary to facilitate the construction of the Access Road prior to any development of the Property that would unreasonably interfere with

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4 YLWD’s access to the YLWD Facilities. Since the encroachments in Sewer Easement No. 2 will not be removed until after the location of the Access Road is confirmed, which will not be confirmed until sometime after the Agreement Date, the Parties acknowledge that this Agreement will be amended to add a new exhibit that will depict and identify the encroachments to be removed in Sewer Easement No. 2.

GENERAL TERMS
5 Incorporation of Recitals. The Recitals set forth above are true and correct.

6. Mutual Indemnity. During construction of the Project, and to the extent permitted by law, each Party shall hold harmless, defend at its own expense, and indemnify each other, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees and costs, arising from all acts or omissions of the other Party or the other Party’s officers, agents, employees, or contractors in rendering services under this Agreement; excluding, however, such liability, claims, losses, damages or expenses arising from the other Party’s (or the other Party’s agents, consultants, or contractors) sole negligence or willful misconduct. 7 Liability Coverage. YLWD will ensure that there is liability coverage against claims for injuries to persons or damage to property which may arise from or in connection with the performance or non-performance of this Agreement. Liability coverage shall be at least as broad as: (i) $2,000,000 – Each Occurrence, and (ii) $4,000,000 – General Aggregate.” Such coverage shall be at no cost to CITY.

8. Cancellation of Project. If YLWD cancels the Project, YLWD will notify CITY in writing and YLWD reserves the right to terminate this Agreement without cost to the YLWD.

Should YLWD terminate this Agreement, YLWD will return the Property to a substantially similar state and condition it was in prior to the commencement of the Project to the extent the Property was worsened by the Project.

9. Governing Law and Interpretation. The Parties hereby agree that this Agreement is to be governed under the laws of the State of California and interpreted according to its plain meaning as if drafted by both YLWD and CITY.

10. Dispute Resolution. If any dispute shall arise with respect to this Agreement and is not otherwise resolved by the Parties hereto, then such dispute shall be determined by a general judicial reference pursuant to California Code of Civil Procedure Sections 638 et seq. in the County of Orange, before one general referee. This is a waiver of any right that may exist to a jury trial.

10.1 The Parties shall meet to select the referee no later than thirty (30) calendar days after service of the initial complaint on all defendants named in the complaint. The referee shall be a retired judge who has served in either the California Superior Court or Federal Court in Orange County, California with substantial experience in the type of matter in dispute and without any relationship to either Party, unless the Parties agree otherwise.

10.2 Each Party shall bear its own fees, including attorney’s fees, and costs incurred with the judicial proceeding. The cost of the stenographic record shall be advanced equally by the Parties. However, the referee shall have the power to reallocate such fees and costs among the

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5 Parties in the referee’s final ruling, including that the prevailing Party, as determined by the referee, shall be entitled to recover from the other Party its reasonable fees, including attorney’s fees, and costs.

11. Notices. Any notice may be served upon either Party by delivering it in person, or by depositing it in the U.S. Mail with the postage thereon fully prepaid, and addressed to the Party at the following address:

YLWD: General Manager
Yorba Linda Water District
1717 E. Miraloma Ave.

Placentia, CA 92870

CITY: City Manager
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Any notice given hereunder shall be deemed effective in the case of personal delivery, upon receipt thereof, or, in the case of mailing, at the moment of deposit in the course of transmission with the United States Postal Service. If the Parties agree to accept electronic service, service of any notice may be effectuated by email to an email address provided by the Parties.

12. Time of the Essence. Time is of the essence with respect to each and every provision of this Agreement.

13. Further Assurances. Each Party shall execute and deliver any documents reasonably necessary for the performance of their obligations under this Agreement, and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations under this Agreement.

14. Relationship of Parties. Nothing in this Agreement shall be deemed to create any form of business organization between the Parties, including, without limitation, a joint venture or partnership.

15. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person or entity other than the Parties and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any Party.

16. Successors and Assigns: This Agreement, and all of the terms, conditions and provisions herein, shall inure to the benefit of, and be binding upon, the Parties, and their respective successors and assigns.

17. Assignment and Assumption. No Party shall assign its rights or delegate its obligations under this Agreement without written notice to the other Party.

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6 18. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral.

19. Amendment to this Agreement. This Agreement may be amended only by written instrument signed by the Parties. The Parties recognize that this Agreement may be modified upon future development of the Property.

20. Severability. If any provision, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the voided provision, condition or covenant shall be deemed severed from the remaining provisions of this Agreement, which shall remain valid and enforceable as permitted by law, and the Parties shall negotiate in good faith to replace the unenforceable provision(s) in accordance with the original purpose and intent of this Agreement so stated in the above Recitals.

21. Signatures in Counterparts. This Agreement may be signed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

22. Capacity of Signatory. The undersigned executing this Agreement on behalf of YLWD and CITY hereby warrant by signing this Agreement that they are authorized to bind such party in executing this Agreement, and are acting within the course and scope of that authority.

23. Term. This Agreement becomes void either one year after the Agreement Date if YLWD has not provided CITY with a Notice of Construction Start for the Project or upon mutual written agreement of the Parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Agreement Date above.

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7 “CITY”

CITY OF YORBA LINDA
By:______________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
ATTEST
By:______________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________

APPROVED AS TO FORM
By:______________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
“YLWD”

YORBA LINDA WATER DISTRICT
By:______________________________
Name: Richard Mark Toy
Title: YLWD General Manager
Date: ____________________________
REVIEWED BY:

By:______________________________
Name: Rosanne P. Weston
Title: Engineering Manager
Date: ____________________________
APPROVED AS TO FORM:

By:______________________________
Name: Andrew B. Gagen
Title: YLWD General Counsel

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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 )
On , 20___, before me, ________________________________, a Notary Public, personally appeared _________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature(s) on the instrument the person, or the entity upon behalf of which the person 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:

STATE OF CALIFORNIA )

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:

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EXHIBIT LIST
EXHIBIT “A” Depiction of Property
EXHIBIT “B” License
EXHIBIT “C” Grant of Easement for Sewer Easement No. 1
EXHIBIT “D” Grant of Easement for Sewer Easement No. 2
EXHIBIT “E” Sewer Easement No. 1 Encroachments

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EXHIBIT “A”

DEPICTION OF PROPERTY
[Attached]

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OLINDA STREET (PUBLIC) MAIN STREET (PUBLIC) 30
29 28
27 26
25 60
59 58
57 56
55 54
32 53
33 52
34 51
35 50
36 49
37 48
38 47
39 46
40 45
44 43 IMPERIAL HWY (PUBLIC)
31 LEGEND:
1717 E. MIRALOMA AVENUE
PLACENTIA, CALIFORNIA 92870
(714) 701-3000
PREPARED BY:

YORBA LINDA WATER DISTRICT
SCALE:

DATE:

FILENAME:

DEPICTION OF PROPERTY

MAIN STREET SEWER REPLACEMENT
EXHIBIT "A"

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EXHIBIT “B”

LICENSE
[Attached]

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1 EXHIBIT “B”

TEMPORARY IRREVOCABLE LICENSE

1. Owner of Property: City of Yorba Linda (“City”)
4845 Casa Loma Ave
Yorba Linda, CA 92886

2. Property: Real property including lots 25, 26, 27, 28, 29, 30 and 31 of the Newmark Tract, in the City of Yorba Linda, in the County of Orange, State of California, as per map recorded in Book 7, pages 45 and 46, of miscellaneous maps in the Orange County recorder’s office and Assessor Parcel Numbers 323-304-02, 323-304-03, 323-304-04 and 323-304-05 (collectively, Property) depicted in Exhibit “A” to the Agreement.

3. Licensee: Yorba Linda Water District (“YLWD”)
1717 E. Miraloma Ave
Placentia, CA 92870

4. Recital: This License is Exhibit “B” to the “Main Street Construction and Sewer Easement Agreement” (“Agreement”) dated 2023 between YLWD and the City. Capitalized terms used in this License, without being separately defined herein, shall have the same meaning as defined in the Agreement.

5. License: The City grants this temporary irrevocable license (“License”) to YLWD for use of approximately 13,300 square foot area of the lots on the Property of streets bounded by Olinda Street and Imperial Highway (“License Area”) depicted in Exhibit “1” hereto.

6. Purpose: The purpose of the License includes ingress, egress and travel over the License Area for YLWD to make use of separate easements granted by the City for YLWD to access, install, construct, remove, inspect, replace, maintain, repair, improve, and or relocate subterranean pipeline or pipelines and other appurtenances, including a New Sewer Main (collectively, the YLWD Facilities) (“Purpose”) and for no other purpose.

7. Conditions: The Parties hereby understand and agree that YLWD’s use of the License Area is limited to the Purpose and in support of the Agreement, which may include (a) daily impacts to the License Area during construction and (b) intermittent daily impacts for as-needed maintenance and/or inspection of the YLWD Facilities. In addition:

7.1. YLWD will obtain all necessary permits, if any required, for its use of the License Area; and

7.2. Except for the changes described in the Agreement, YLWD will not install, develop, or make any changes to the Property or License Area, but merely will use the License Area for the Purpose.

8. Indemnification. See Agreement, Section 6. Mutual Indemnity.

9. Insurance. See Agreement, Section 7. Liability Coverage.

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2 10. Termination. See Agreement, Section 3. License.

11. Disputes. See Agreement, Section 10. Dispute Resolution.

12. Term. The term of this License shall be operative on October __, 2023 only commencing and ending in accordance with the Agreement, Section 23. Term.

13. Amendments. This License shall not be considered modified, altered, changed or amended in any respect unless documented in writing and signed by both parties.

In WITNESS WHEREOF, this License has been executed by the City and YLWD as of the last date listed below.

CITY OF YORBA LINDA (‘CITY”) YORBA LINDA WATER DISTRICT (“YLWD”) By: By:

Name: Name: Richard Mark Toy
Title: Title: YLWD General Manager
Date: Date:

ATTEST REVIEWED BY:

By: By:

Name: Name: Rosanne P. Weston
Title: Title: Engineering Manager
Date: Date:

APPROVED AS TO FORM APPROVED AS TO FORM
By: By:

Name: Name: Andrew G. Gagen
Title: Title: YLWD Counsel
Date:

Page 257 of 523 ends

STATE OF CALIFORNIA )

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:

STATE OF CALIFORNIA )

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:

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YORBA LINDA WATER DISTRICT
SCALE:

DATE:

FILENAME:

LICENSE

MAIN STREET SEWER REPLACEMENT
EXHIBIT "1"

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EXHIBIT “C”
GRANT OF EASEMENT FOR SEWER EASEMENT NO. 1
[Attached]

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EXHIBIT C
Grant of Easement For Sewer Easement No. 1
RECORDING REQUESTED BY:

Yorba Linda Water District
WHEN RECORDED, MAIL TO:

Yorba Linda Water District
Attn: General Manager
PO Box 309
Yorba Linda, CA 92885-0309

THIS SPACE FOR RECORDER'S USE ONLY

FREE GOVERNMENT RECORDING PURSUANT
TO GOVERNMENT CODE SEC. 6103 AND
27383 AND EXEMPT FROM TAX PURSUANT TO
REVENUE AND TAX CODE SEC. 11922

GRANT OF EASEMENT
Access to Sewer Facilities

1. For valuable consideration, receipt of which is hereby acknowledged, CITY OF YORBA LINDA and its successors and assigns (“Grantor”) hereby grant to the YORBA LINDA WATER DISTRICT, a local public agency organized and operating pursuant to Division 12 of the California Water Code (section 30000 et seq.) and its successors and assigns (“Grantee”), a non-exclusive and perpetual easement (a) in, over, upon, under and across a strip of real property described and depicted below, (b) to access, inspect, operate, repair, maintain, replace, remove, alter, and use a pipeline or pipelines together with braces, connections, fastenings, communication cables, and other appliances and fixtures in connection therewith or appurtenant thereto (“Grantee Facilities”), (c) for sewer service purposes and for ingress and egress in connection with the exercise of the foregoing rights.

2. The strip of real property subject to this Grant of Easement is located in the County of Orange, State of California, and is legally described in Exhibit “A” and depicted in Exhibit “B” (“Easement Area”).

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3. This Grant of Easement shall carry with it the right to mark the location of the Easement Area by suitable markers set and maintained in the ground at locations which shall not interfere with Grantor’s reasonable use of the Easement Area.

4. Grantor shall not increase or decrease, or permit to be increased or decreased, the now existing ground elevations of the Easement Area without the prior written consent of the Grantee. Grantor reserves the right to full use and enjoyment of the burdened land, except for the purposes herein granted, provided that Grantor’s use and enjoyment shall not hinder, conflict, or interfere with the exercise of the Grantee’s rights hereunder, and that no excavation, building, structure, or obstructions shall be constructed on the Easement Area.

5. The Grantee Facilities shall at all times remain the property of the Grantee notwithstanding the same may be annexed or affixed to the freehold and shall at any time and from time to time be removable, in whole or in part, by the Grantee. If the Grantee permanently abandons the Grantee Facilities, the Grantee, in its sole discretion, may leave the Grantee Facilities in place and shall execute and record a reconveyance and release of this Grant of Easement.

6. Grantee shall have the further right to retain the Grantee Facilities in and at their existing location(s) and depth(s). Grantor shall not relocate or lower the Grantee Facilities without the Grantee’s written consent provided by Grantee’s General Manager.

7. To have and to hold the above-described rights and easement granted unto the Grantee for as long as the Grantee desires to exercise the same.

Grantee may assign the rights and easement herein granted, either in whole or in part, subject to the terms of this Grant of Easement.

8. Counterpart signature pages may be attached hereto for purposes of recording.

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WITNESS (my) (our) hand(s) on the date following our signatures below: (If a corporation, the corporate seal shall be affixed near the signatures of the duly authorized officers)
(ALL SIGNATURES SHALL BE NOTARIZED)
City of Yorba Linda
Grantor
By
Date
Name:

Title:

By
Name: Date
Title:

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Exhibit “A” to the Grant of Easement
[Legal Description of the Easement Area]

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Coast Surveying, Inc.

June 7, 2023
JN 123-017 Lots 29, 30, 31 Page 1 of 1
EXHIBIT “A”

LEGAL DESCRIPTION
THE EASTERLY 3 FEET OF LOTS 29, 30, AND 31 OF THE NEWMARK TRACT,

IN THE CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGES 45 AND 46, OF

MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

CONTAINING 225 SQUARE FEET, MORE OR LESS.

ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY DIRECTION.

DATED THIS 7TH DAY OF JUNE, 2023.

GWEN-VERA DEL CASTILLO, PLS 5108

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Exhibit “B” to the Grant of Easement
[Depiction of the Easement Area]

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N89° 42' 23"W 100.01' (100.00')
N89° 41' 15"W 100.06' (100.00') N00° 18' 36"E 75.04' N00° 19' 39"E 75.02' 175.05'

NEWMARK TRACT
MM 7/45 - 46.

CITY OF YORBA LINDA
PER O.R. 2017000554431
22 23
24 32
33 63
62 61
60 59
58 57
56 55
54 53
52 N00° 19' 39"E (175.00') 175.05' N00° 18' 36"E (175.00') 25 26
27 28
29 30
31 N89° 41' 25"W 100.06' (100.00')
N89° 41' 34"W 100.05' (100.00')
N89° 41' 44"W 100.04' (100.00') 25.01' 25.01' 25.01' 25.01' R.S.B. 284/9-16

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CERTIFICATE OF ACCEPTANCE
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.

This is to certify that the interest in the strip of real property conveyed by the GRANT OF EASEMENT dated , 20___, from City of Yorba Linda to Yorba Linda Water District, a public corporation and/or governmental agency (“Grantee”), is hereby accepted as authorized by Section 31040 of the California Water Code and Grantee consents to recordation thereof by its duly authorized officer.

Approved as to Form: YORBA LINDA WATER DISTRICT
KIDMAN GAGEN LAW, LLP (“Grantee”)

Andrew B. Gagen Richard Mark Toy
General Counsel for Grantee General Manager

Date Date

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STATE OF CALIFORNIA )

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:

STATE OF CALIFORNIA )

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:

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EXHIBIT “D”
GRANT OF EASEMENT FOR SEWER EASEMENT NO. 2
[Attached]

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EXHIBIT D
Grant of Easement For Sewer Easement No. 2
RECORDING REQUESTED BY:

Yorba Linda Water District
WHEN RECORDED, MAIL TO:

Yorba Linda Water District
Attn: General Manager
PO Box 309
Yorba Linda, CA 92885-0309

THIS SPACE FOR RECORDER'S USE ONLY

FREE GOVERNMENT RECORDING PURSUANT
TO GOVERNMENT CODE SEC. 6103 AND
27383 AND EXEMPT FROM TAX PURSUANT TO
REVENUE AND TAX CODE SEC. 11922

GRANT OF EASEMENT
Access to Sewer Facilities

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7. To have and to hold the above-described rights and easement granted unto the Grantee for as long as the Grantee desires to exercise the same.

Grantee may assign the rights and easement herein granted, either in whole or in part, subject to the terms of this Grant of Easement.

8. Counterpart signature pages may be attached hereto for purposes of recording.

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Title:

By
Name: Date
Title:

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Exhibit “A” to the Grant of Easement
[Legal Description of the Easement Area]

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Coast Surveying, Inc.

June 7, 2023
JN 123-017 Lot 31 Page 1 of 1
EXHIBIT “A”

LEGAL DESCRIPTION
THE SOUTHERLY 15 FEET OF LOT 31 OF THE NEWMARK TRACT, IN THE

CITY OF YORBA LINDA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGES 45 AND 46, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THE EASTERLY 3 FEET.

CONTAINING 1,456 SQUARE FEET, MORE OR LESS.

ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF.

PREPARED BY ME OR UNDER MY DIRECTION.

DATED THIS 7th DAY OF JUNE, 2023.

GWEN-VERA DEL CASTILLO, PLS 5108

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Exhibit “B” to the Grant of Easement
[Depiction of the Easement Area]

Page 276 of 523 ends

N89° 42' 23"W 100.01' (100.00')
N89° 41' 15"W 100.06' (100.00') N00° 18' 36"E 75.04' N00° 19' 39"E 75.02' 175.05'

NEWMARK TRACT
MM 7/45 - 46.

CITY OF YORBA LINDA
PER O.R. 2017000554431
22 23
24 32
33 63
62 61
60 59
58 57
56 55
54 53
52 N00° 19' 39"E (175.00') 175.05' N00° 18' 36"E (175.00') 26 27 28
29 30
31 N89° 41' 25"W 100.06' (100.00')
N89° 41' 34"W 100.05' (100.00')
N89° 41' 44"W 100.04' (100.00') 25.01' 25.01' 25.01'
R.S.B. 284/9-16 25 25.01'

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Approved as to Form: YORBA LINDA WATER DISTRICT
KIDMAN GAGEN LAW, LLP (“Grantee”)

Andrew B. Gagen Richard Mark Toy
General Counsel for Grantee General Manager

Date Date

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STATE OF CALIFORNIA )

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:

STATE OF CALIFORNIA )

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:

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EXHIBIT “E”
SEWER EASEMENT NO. 1 ENCROACHMENTS
[Attached]

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GATE WOOD W 11.5
SIGN
SIGN
TRE D12
TRE D6
ICV
ICV
LP
LT B 24" POST
GDP D 4" POST
GDP D 4"
GATE
SIGN

SIGN HC
ICV
ICV
TREE D18
29 30
31 32
56 55
54 53
LEGEND:
1717 E. MIRALOMA AVENUE
PLACENTIA, CALIFORNIA 92870
(714) 701-3000
PREPARED BY:

YORBA LINDA WATER DISTRICT
SCALE:

DATE:

FILENAME:

SEWER EASEMENT NO. 1

ENCROACHMENTS

MAIN STREET SEWER REPLACEMENT
EXHIBIT "E"

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PUBLIC WORKS DEPARTMENT
DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: RICK YEE, P.E. DEPUTY DIRECTOR PUBLIC WORKS SUBJECT: APPROVE AMENDMENT TO ON-CALL PROFESSIONAL SERVICES

AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES FOR DESIGN OF

BLACK GOLD STORM DRAIN IMPROVEMENT

RECOMMENDATION
It is recommended that the City Council:

1. Approve an amendment to the On-Call Professional Services Agreement with KimleyHorn and Associates, increasing the not-to-exceed aggregate agreement amount by $10,590, (increasing the FY23/24 authorized agreement limit to $85,590) resulting in an aggregate agreement amount not-to-exceed $235,590, inclusive of $74,426 for design of Black Gold Storm Drain Improvement; and

2. Authorize the City Manager to approve additional expenditures up to $11,164 (15% of the proposed amount) in agreement contingencies for potential additional services resulting in a potential FY23/24 agreement amount not-to-exceed $85,590 should all contingencies be authorized.

BACKGROUND
In order to fully address mitigation of the sinkhole at Black Gold Golf Course, it is necessary to design and construct a re-aligned storm drain in between Hole Nos. 10 and 18.

Exhaustive efforts were made to clear the existing pipe and to determine if it was feasible to rehabilitate, but the existing condition of the pipe has been compromised in too many locations. In the interim, a temporary pump system is being designed to manage any rainstorms through the upcoming winter. The design of the permanent storm drain realignment is the subject of this request and will allow for construction of the permanent solution in early spring of next year.

DISCUSSION
Design proposals were solicited via a Request for Proposals (RFP) from the City’s on call list of engineering consultants. A total of two (2) proposals were received and evaluated.

The proposals were evaluated based on multiple criteria including experience, professional

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A P P R O V E A M E N D M E N T T O ON - C A L L P R O F E S S I O N A L S E R V I C E S

A G R E E M E N T W I T H K I M L E Y - H O R N A N D A S S O C I A T E S F O R D E S I G N

O F B L A C K G O L D S T O R M D R A I N I M P R O V E M E N T P a g e | 2
qualifications, and competence as outlined in the Yorba Linda Municipal Code. Kimley-Horn and Associates, Inc. (Kimley-Horn) was selected as the recommended consultant because they demonstrated comprehensive experience with design of similar applications in the RFP.

Kimley-Horn also clearly understood the City’s concerns in maintaining golf course operations and minimizing impacts due to construction. Kimley-Horn emphasized the importance of gaining stakeholder input as both Metropolitan Water District (MWD) and Black Gold Golf Course operate facilities herein. Overall, Kimley-Horn’s proposal included scope and effort level that was most consistent with what was expected within the RFP.

It should be noted that the proposed task for services to be rendered by Kimley-Horn under their existing on-call agreement is $74,426, which is less than the currently authorized $75,000 annual limit for FY23/24 (leaving a remainder of $574). However, out of an abundance of caution, staff is recommending that the proposed amendment of $10,590 (which is 15% of the proposed task total less remainder of the annual limit) be approved by Council to allow for potential contingencies that would raise the expenditure threshold beyond the annual limit otherwise established by the City’s purchasing ordinance. Due to the difference of $574 noted above, less than the full 15% task order amount is required to be requested for increase under this amendment. Kimley- Horn’s current aggregate on-call agreement amount of $225,000 represents a three year not-to-exceed amount for on-call services which is delineated in amounts of $75,000 per year. The proposed amendment would increase the maximum annual amount to $85,590 for FY23/24, which is the final year of the current three-year contract term.

FISCAL IMPACT
A project budget of $225,000 is programmed within the Fiscal Year 2023/2024 CIP budget for project MS231002 under account (4010050-461650). The proposed task order amount within the recommended FY23/24 amendment for design services and 15% contingency can be funded within the existing budget. However, upon completion of the design effort, a construction cost estimate will be available; at that time, it is anticipated that an additional appropriation request will be made at the time of an eventual construction agreement award request to fully fund construction of the new storm drain line.

ALTERNATIVES
Do not award the amendment and do not proceed with design of the storm drain improvement. This would increase risk to Black Gold Golf Course as it would create potential for localized flooding and disrupt operations.

ATTACHMENTS
Attachment 1 - Amendment with Kimley-Horn and Associates

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
THIS AMENDMENT is made and entered into this 17th day of October 2023, 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 Kimley-Horn and Associates, Inc., (hereinafter referred to as “Consultant”).

WITNESSETH:

WHEREAS, the City and the Consultant entered into an Agreement for Professional On-Call Consultant Services dated July 1, 2021, for On-Call Consultant Services related to Category A:

General Municipal Engineering Services and Category C: Traffic & Transportation Engineering Services; and
WHEREAS, the City and the Consultant desire to enter into an amendment to the Agreement; and WHEREAS, the City and the Consultant desire to amend the compensation specified in Section

2.1 Contract Sum of the Agreement and pursuant to Section E-12 Utilization of On-Call Panels for Professional and General Services of the Purchasing Policy which allows for City Council to authorize additional work above the $75,000 per fiscal year will be amended to include an additional Ten Thousand Five Hundred Ninety Dollars ($10,590.00) for additional Engineering services for the Black Gold Golf Course Design services for Storm Drain Repairs Project per Amendment No. 1; and
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the Parties agree as follows:

1. In accordance with Section 2.1 Contract Sum, and Exhibit “A” Proposal for additional Engineering services for the Black Gold Golf Course Design services for Storm Drain Repairs Project, increasing the total not to exceed Agreement Task Order amount to Eighty-Five Thousand Five Hundred Ninety Dollars ($85,590.00).

Except as amended pursuant to this Amendment No. 1, all provisions of the Agreement shall remain in full force and effect, and shall govern the services provided under this Amendment No. 1. [SIGNATURES ON THE NEXT PAGE]

CITY OF YORBA LINDA

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Dated: By:

MARK A. PULONE

CITY MANAGER
ATTEST:

Marcia Brown
City Clerk
________________________
Dianna Honeywell
Finance Director KIMLEY-HORN ASSOCIATES, INC.

APPROVED AS TO FORM: By:

RUTAN & TUCKER LLP (Print)

(Signature)
Todd Litfin
City Attorney Title: ________________________________
Dated:

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kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 September 15, 2023
Mr. Rick Yee
Deputy Director of Public Works/Assistant City Engineer City of Yorba Linda - Civil Engineering
4845 Casa Loma Avenue,
Yorba Linda, CA 92886
Re: Proposal for Engineering Services for
Black Gold Golf Course Design Services for Storm Drain Repairs Project - Scope
Dear Mr. Yee,
Kimley-Horn and Associates, Inc. (Consultant) is pleased to submit this proposal to the City of Yorba Linda (City) for providing engineering design services for the Black Gold Golf Course Design Services for Storm Drain Repairs Project. Our understanding, scope of services, schedule and fee to perform these services are below.

Understanding
We understand that The City of Yorba Linda is seeking a consultant to provide engineering services for the analysis and replacement of a storm drain line servicing the Black Gold Golf Course. Due to a collapsed storm drain line, there is a sinkhole that has opened up causing interruptions to golf course play at hole 10 and hole 18. Our team recently played this course and was able to see first hand how golf carts are rerouted by the clubhouse back towards the 18th hole to access the green on the 10th hole. This experience will directly translate into a design that works best for the City and Golf Course while maintaining access for the Patrons. Services include research, field inspection, proposed solutions and related design.

Qualifications
The Kimley-Horn team is highly qualified for this project based on our depth of similar project experience across the region, specifically within Orange County, Los Angeles County and San Diego County. We routinely provide storm drain improvement design that focuses on both rehabilitation and replacement design. We specialize in constrained design areas that require a unique approach to mitigate impacts to the surrounding area.

Our team will use our unique knowledge of the golf course site through site visits, including the most recent site visit where we were able to observe the conditions of the collapsed storm drain structure. Our local regional experience and specific knowledge related to this project has provides our designers with knowledge of the area and conditions in order to bring the City the most cost effective and least intrusive design solutions for Golf Course operations.

Project Team
Jason Melchor, P.E. – Principal-in-Charge/Program Manager Sam McWhorter. P.E. – Project Manager
Kameron Qureshi, P.E. – Project Engineer
Alan Huynh, P.E. - QC Manager
Exhibit "A"

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Mr. Rick Yee
September 15, 2023

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H:\Marketing\RDWY\Yorba Linda\On-Call 2021\Task Orders\Black Gold Design Services\Scope and Fee\Black Gold Design Services -Scope Final.docx
Project Experience
Below are a few comparable projects our team has recently completed or is in process of completing. The project team has over ten years of experience working together on projects similar to this one.

San Elijo Lagoon – Trapezoidal Channel Undergrounding.

This project included the replacement of an existing concrete trapezoidal channel with a triple-60” HDPE so the drainage conveyance could be undergrounded and facilitate the installation of a bike and walking trail on top of it. Special project features included:
grading, headwalls, concrete encasement and pipe caps in shallow areas, maintenance of access during construction and dry weather flows.

Key Staff: Sam McWhorter - Project Manager
County of Riverside - Mission Boulevard Storm Drain Improvements This project included the replacement of storm drain pipe within a City owned dog park to mitigate flooding from a newly adjacent roadway project. Special project features included grading, design of headwalls and coordination with City Parks maintenance staff to avoid closures to the park during construction.

Key Staff: Kameron Qureshi lead storm drain design, Alan Huynh - QC Manager.

City of Corona - McKinley Street Grade Separation – Storm Drain Replacement This project included the replacement of over 500 linear feet of storm drain pipe and a double box culvert to facilitate the installation of a new grade separation project. Special project features included bioretention basin design, retaining wall crossings, and shallow storm drain design and complex staging plans.

Key Staff: Kameron Qureshi lead storm drain design, Sam McWhorter - QC Manager.

City of Beaumont - Pennsylvania Avenue Storm Drain Improvements This project included jack and bore of a shallow 42” reinforced concrete pipe under active UPRR tracks, the extension of five reinforced concrete pipes or corrugated metal pipe culverts with headwalls design, and the replacement of a storm drain system in Pennsylvania Avenue.

Key Staff: Kameron Qureshi lead storm drain design, Alan Huynh - QC Manager.

San Diego Airport North Side Storm Drain Tunneling
This project included the tunneling of a 42-inch Casing with a 36-inch storm drain under an active taxiway in an area of high groundwater. Tunneling pits at each end of the crossing, dewatering, shoring, pipe installation, manholes and a new stormwater pump station were designed and constructed to facilitate improved drainage conveyance for the north side area development at the San Diego Airport.

Key Staff: Sam McWhorter - Project Manager

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EXHIBIT A - Black Gold Golf Course Improvements
Bore pits on each end will need to avoid impacts to golfers teeing off on hole 10.

Minimize time that path is
closed for hole 10.

PROJECT AREA OBSERVATIONS
New alignment for storm drain will
avoid surface water features
Avoid additional course disruptions by maintaining
the path across hole 18 to access hole 10.
crucial to minimize impacts to hole 18 and
its visual appeal from clubhouse facilities
during construction
Reduce additional course closure by utilizing area where sidewalk is closed to stage installation of new line.

Detour for hole 10

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Mr. Rick Yee
September 15, 2023

Page 3 of 7 ends

H:\Marketing\RDWY\Yorba Linda\On-Call 2021\Task Orders\Black Gold Design Services\Scope and Fee\Black Gold Design Services -Scope Final.docx
Approach
The Kimley-Horn team has reviewed the City provided recommendations, conducted a site reconnaissance of existing conditions and performed preliminary research to gain a better understanding of the project location and constraints.

Staging: Constructing the project while maintaining golf course operations are a crucial part of this project. Our design team will evaluate the current operations of the golf course and work with golf course management staff to develop a method that will be minimally intrusive to all operations throughout the course including maintaining the current detour route for golf patrons on the 10th hole.

Utilities: Every project is unique and presents it’s own special design challenges; however the most frequent challenge we face in local municipal projects is related to existing utilities. Kimley-Horn believes in drawing utility lines and features to their true size in our plans to aid in identifying conflicts early in the design phase; potholing potential critical conflict locations (if necessary), which gives a better understanding of the location of existing lines; and extensive coordination with the various utilities..

Effective Communication: Communication between our design team, the City, and golf course management is critical in thoroughly understanding your vision and the project requirements, while implementing the innovative and cost-effective solutions that our team is known for. Effective communication begins with listening to the City’s ideas, concerns, and goals. In our experience, successful management techniques include design development team focus meetings and progress reports, schedule updates, regular conference calls to keep you abreast of critical issues, and ongoing electronic communications among members of the project team.

Scope of Services
The tasks below are intended to supplement and clarify the scope items provided by the City. Design plans and reports indicated will follow the City’s standard format, unless indicated otherwise. Any references to “Consultant” shall mean Kimley-Horn and Associates, Inc. and its subconsultants. References to “City” shall mean the City of Yorba Linda. “Project” shall mean Black Gold Golf Course Design Services for Storm Drain Repairs Project. Project limits encompass approximately 230 linear feet of storm drain between hole 10 and hole 18 at the Black Gold Golf Course.

The Consultant will implement a Quality Assurance and Quality Control plan for the duration of the project. Deliverables including reports, calculations, plans, specifications, cost estimate and quantity backups will contain the signature of the Quality Control Manager and will be provided to City upon request.

Task 1: Project Management, Meetings and Coordination
The Consultant Team will provide project management for the duration of the design phase, up to 3 months. We will provide a workplan, conduct meetings, conference calls, and provide pertinent meeting minutes with action items. This includes coordination with golf course management staff to mitigate impacts to golf course play and identify temporary staging areas and access routes during construction. The Consultant is anticipated to attend meetings with City staff as follows:

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Mr. Rick Yee
September 15, 2023

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H:\Marketing\RDWY\Yorba Linda\On-Call 2021\Task Orders\Black Gold Design Services\Scope and Fee\Black Gold Design Services -Scope Final.docx
• One Kickoff Meeting
• Monthly Progress Meetings (assumed three meetings with at least two being video conference)
• Up to two coordination meetings with golf course management staff (assumed to be a workshop to discuss constraints, investigation work completed to date, action items, schedule and data needs)
The Consultant will maintain a Progress Schedule and provide an updated progress schedule to the City on a monthly basis.

Deliverables: Work plan, meeting agendas, meeting minutes, action items, written summaries of telephone/email coordination, invoicing, draft target schedule, monthly progress schedule.

Task 2: Record Research, Utility Coordination and Field Observation The Consultant will coordinate with City staff on locations of existing utilities and depict these on plans accordingly.

As part of this task, we anticipate our staff will provide one field observation visit with the project stakeholders..

Deliverables: Utility Agency Tracking List, utility notification letters, field photos and notes.

Task 3: Field Survey
Provide field survey of storm drain inverts and supplemental survey points along storm drain line. This entails survey record collection, establishment of horizontal and vertical controls, monument and centerline tie preservation. Locate and tie-out monumentation that may be disturbed or destroyed prior to construction.

Deliverables: AutoCAD 2022 C3D Files of Topographic Survey and PDF map signed by Licensed Surveyor in the State of California
Task 4: Preliminary Engineering
The Consultant will use the field survey and discoveries from the field observation performed in Task 2 of this scope to identify improvements within the area of the storm drain line replacement project limits. Our team will meet with the City on a video call to review the design approach (Part of Task 1) and constraints and confirm alignment with the City before beginning PS&E.

Deliverables: Meeting Minutes
Task 5: Storm Drain Reconstruction Plans
The Consultant will prepare 90% and Final Storm Drain Reconstruction Plans for the construction of storm drain line improvements. Storm Drain Improvement Plans will be 22” x 34”, prepared at a scale of 1” = 20’ horizontal and 1” = 4’ vertical for storm drain profiles.

Plans will encompass a profile for the main line replacement, installation of a new manhole at the pipeline intercept location and plans for temporary routing of overflow drainage while the pipeline is under construction. Improvements impacted by storm drain reconstruction such as curb, sidewalk, course grass, planters and decorative rock within the project will be replaced in kind to match existing conditions. Storm Drain Improvements will be

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Mr. Rick Yee
September 15, 2023

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designed using Caltrans Standard Plans, Standard Plans for Public Works Construction (SPPWC) and City of Yorba Linda Standard Plans. Deviations from applicable standards will be indicated on plans. Exceptions will require approval by the City. Completed project plans will consist of the following sheets:

Anticipated Sheet Count
Title Sheet 1
Project Notes, Index Map, Legend, and Index of Sheets 1 Miscellaneous Details 1
Storm Drain Improvement Plan and Profile 1
Total 4
Necessary adjustments to surface utility features will be identified and addressed with callouts and construction notes. Modifications to existing utilities, other than surface features, are not anticipated.

Deliverables: 90% and Final Plans, electronic files in AutoCAD 2020 C3D and PDF plans (final plans will be sealed and signed) and responses to previous review comments from the City.

Task 6: Temporary Staging Coordination
The Consultant will identify temporary staging and stockpile locations for use during construction. This will include access routes during construction. Routes and staging locations will be developed in coordination with , MWD and Golf Course Management Staff in order to minimize impacts to golf course operations. We anticipate up to two meetings with Golf Course Management Staff.

Deliverables: Meeting minutes and staging concept exhibit.

Task 7: Cost Estimate
The Consultant will prepare an opinion of probable construction costs based on anticipated construction items and quantities from the 90% and Final Submittal for comparison to project budget and assistance during the Contractor’s bidding process. Unit prices will be derived from readily available current bid information based on similar projects within the area. Backup will be generated for lump sum items. Contingencies will be shown, as agreed upon with City staff.

The City is specifically cautioned that unit prices for construction have been and remain unpredictable and escalating and we advise that the City consider contingencies and engage in independent contractor pricing exercises. Consultant will exercise reasonable efforts to overcome the challenges presented by current circumstances.

Deliverables: 90%, and Final Estimates, electronic files in PDF Task 8: Specifications
The Consultant will prepare technical specifications based upon the boiler plate supplied by the City. Bid items will be described as reasonably required in the General Provisions and will be incorporated in the Contractor’s bid list. References for the technical provisions to the City Standards and Standard Specifications for Public Works Construction (Greenbook), Caltrans, or other appropriate specifications will be shown.

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September 15, 2023

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Deliverables: 90% and Final Specifications, electronic files in PDF and word format (final specifications will be sealed and signed), and responses to previous review comments from the City.

Task 9: Construction Support
The Consultant will assist the City during the construction phase by responding to the contractor’s RFIs, preparing addenda, and reviewing submittals. We anticipate responding to up to two RFIs, reviewing up to two submittals and issuing one addendum. Up to 42 hours is assumed for these tasks.

The Consultant has no control over the contractor’s or construction manager’s means, methods, techniques, sequence, schedule and other activities. Therefore, the associated effort for Kimley-Horn during construction detailed in this fee sheet are an estimate only.

Kimley-Horn will provide its services during construction on a time and materials basis, and will notify the client prior to exceeding the budgets stated herein.

Deliverables: Responses to RFIs, contractor submittals and addendum Task 10: Potholing
Our team will provide a vacuum excavation pothole to assist in identifying the tie in location of the existing storm drain line. This task entails up to 1 pothole to the depth of up to 25 feet or refusal. Additional potholes, if needed, will be an optional item per each pothole.

We assume traffic control for potholing will be based on WATCH manual. Preparation of traffic control plans is excluded from this task. It is assumed that field potholing operations will be performed and completed within a four-day period and pothole locations will be restored to its previous condition using native backfill and/or cold AC patch.

Deliverables: Potholing report
Assumptions and Exclusions

1. We assume there are no federal funding requirements for this project

2. All plan check comments will be provided in electronic format

3. For deliverables, we anticipate one round of consolidated comments per submittal

4. It is assumed limits of excavation will not trigger requirements to prepare a LID for the project.

5. A Storm Water Pollution Prevention Plan (SWPPP) is not included. We assume this will be provided by the Contractor

6. Traffic control plans and construction staging are excluded. These are anticipated to be provided by the Contractor

7. Landscape and irrigation design are not anticipated and not included in this scope of services

8. Mass copying for bidding or other purposes is assumed to be provided by the City

9. Project Advertising/Bid and Construction Support services are excluded from this scope of services

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September 15, 2023

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Fee & Schedule
NTP 09/25/2023
Field Survey 09/26/2023 - 10/13/2023
Preliminary Engineering 09/25/2023 - 10/20/2023
90% Plans 10/23/2023 - 11/10/2023
90% Submittal 11/13/2023
City Review 11/13/2023 – 11/17/2023
Final Plans 11/20/2023 – 12/8/2023
Final Submittal 12/11/2023
We are requesting a not-to-exceed fee of $74,426 to accomplish the above stated scope of services and are committed to work with the City in meeting a schedule that is mutually agreed upon.

Closure
We understand that this work will be issued as a task order under our executed on-call agreement. If you concur in all the foregoing and wish to direct us to proceed with the services, please forward a purchase order. This proposal is valid for sixty (60) days after the date of this letter.

We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.

Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.

Jason Melchor, P.E. (#C65218) Kameron Qureshi, P.E. (#C92631) Program Manager Project Engineer
Attachments:
• Not-to-Exceed Fee Sheets

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City of Yorba Linda
Fee Schedule for
Black Gold Golf Course Design Services for Storm Drain Repairs Project 9/15/2023
Sr. Professional II /
Project Manager
Professional II/ QC
Manager
Professional I/
Project Engineer
Analyst II / Project
Support
Support Staff Bess Test Labs
(Potholing)
OnPoint
(Survey)
Schedule= 4 Months
Hourly Billing Rate $340 $250 $210 $175 $115 Total Hours Labor Cost Total Cost Task 1 Project Management, Meetings and Coordination 5 10 2 17 $ 4,030 $ 4,030 Task 2 Record Research, Utility Coordination and Field
Observation 1 4 10 15 $ 2,930 $ 2,930
Task 3 Field Survey 4 6 2 $ 4,104 12 $ 2,120 $ 6,224
Task 4 Preliminary Engineering and Concept Development 2 1 5 5 13 $ 2,855 $ 2,855 Task 5 Storm Drain Reconstruction Plans (4 Sheets) 8 4 40 110 162 $ 31,370 $ 31,370 Task 6 Temporary Staging Coordination 4 8 12 $ 2,240 $ 2,240 Task 7 Cost Estimate 2 5 8 15 $ 3,130 $ 3,130
Task 8 Specifications 4 4 12 5 25 $ 5,755 $ 5,755
Task 9 Construction Support 10 24 6 40 $ 9,490 $ 9,490
Task 10 Potholing 1 2 1 $ 4,822 4 $ 675 $ 5,497
32 9 109 160 5 315
Subtotals $ 2,250 10,880 $ 22,890 $ 28,000 $ 575 $ $ 64,595 $ 73,521 Expenses (as a percentage of labor fees) 1.4% $ 904
$ 74,426
Kimley-Horn

TOTAL HOURS

TOTAL COST

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PUBLIC WORKS DEPARTMENT
DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., PUBLIC WORKS DIRECTOR / CITY ENGINEER PREPARED BY: TONY WANG, P.E., TRAFFIC ENGINEERING MANAGER SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT BETWEEN CITY OF

YORBA LINDA AND ORANGE COUNTY TRANSPORTATION AUTHORITY

FOR COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

RECOMMENDATION
It is recommended that the City Council authorize the City Manager to sign the Cooperative Agreement between the City of Yorba Linda and Orange County Transportation Authority (OCTA) for Countywide Signal Synchronization Baseline Project.

BACKGROUND
The Traffic Signal Synchronization Master Plan for Orange County was developed in 2009 to outline the goals and recommended approach to implement the OCTA Measure M2 (M2) Regional Traffic Signal Synchronization Program (Project P). Since its inception, projects funded through Project P have improved travel times, reduced delays and congestion, and increased the number of successive green lights drivers experience in their daily commutes.

In 2019, OCTA staff began a Countywide Signal Synchronization Plan Study to evaluate and update the program with today’s current traffic and technology trends in mind. This study included continuous coordination and meetings with Traffic Forum members, including representatives from all 34 local cities, the County of Orange (County), the California Department of Transportation (Caltrans), and the Orange County Fire Authority (OCFA). In this study, OCTA staff has also identified recommendations that focus on the mutual goals to increase the frequency of synchronization for all intersections and to balance program funds between synchronization and signal improvements.

To ensure that all signals are revisited even if the level of retiming effort can vary, the following updates are recommended to enhance the signal synchronization program moving forward:
• Set a countywide signal synchronization baseline by retiming approximately 2,500 Orange County signals along regionally significant corridors to avoid any crossing coordination conflicts and ensure signal timing is based on current traffic volumes. • Separate Orange County into zones with signals and corridor segments grouped based on traffic progression and to facilitate implementation.

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A P P R O V A L O F C O O P E R A T I V E A G R E E M E N T B E T W E E N C I T Y O F

Y O R B A L I N D A A N D O R A N G E C O U N T Y T R A N S P O R T A T I O N

A U T H O R I T Y F O R C O U N T Y W I D E S I G N A L S Y N C H R O N I Z A T I O N

B A S E L I N E P R O J E C T
P a g e | 2
• Transition from a corridor-based to zone-based approach that is retimed on a regular basis to minimize conflicts with crossing corridors. Monitor the performance of the signals in the interim and enhance upcoming retiming efforts to maximize the benefits of the zone-based approach.
 Continue to offer annual calls that balance signal synchronization and signal capital improvements to ensure Orange County is future ready.

DISCUSSION
The Countywide Signal Synchronization Plan Study was approved by OCTA’s Board of Directors on March 14, 2022, to update the Traffic Signal Synchronization Master Plan in accordance with the study recommendations. In addition, OCTA secured Congestion Mitigation and Air Quality funds for the implementation of a Countywide Signal Synchronization Baseline Project as presented in the study. OCTA intends to release a request for proposals to secure a consultant to implement the Countywide Signal Synchronization Baseline Project. OCTA will act as the implementing agency to carry out the project. Approximately 41 city-owned and operated signalized intersections in Yorba Linda will be included as part of the project.

FISCAL IMPACT
There is no fiscal impact for this action item.

ALTERNATIVES
Do not authorize the City Manager to sign the Cooperative Agreement. However, it is not recommended as it will delay the retiming effort of traffic signals in Yorba Linda.

ATTACHMENTS

1. Attachment 1 - Cooperative agreement between City of Yorba Linda and OCTA for Countywide Signal Synchronization Baseline Project

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COOPERATIVE AGREEMENT NO. C-3-2439

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF YORBA LINDA
FOR

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT
THIS COOPERATIVE AGREEMENT (Agreement), is effective this _______ day of _________________, 2023 (“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as “AUTHORITY”) and the City of Yorba Linda, a municipal corporation duly organized and existing under the constitution and laws of the State of California (“PARTICIPATING AGENCY”), each individually known as “Party” and collectively known as “Parties”.

RECITALS:

WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCY is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP) to enhance countywide traffic flow and reduce congestion; and
WHEREAS, the AUTHORITY completed a Countywide Signal Synchronization Plan Study (hereinafter, “PLAN STUDY”) in support of the RTSSP and received authorization from the AUTHORITY’s Board of Directors on March 14, 2022, to update the Traffic Signal Synchronization Master Plan in accordance with the PLAN STUDY recommendations; and WHEREAS, the AUTHORITY secured Congestion Mitigation and Air Quality (“CMAQ”) funds for the implementation of a Countywide Signal Synchronization Baseline Project (hereinafter, “PROJECT”) as presented in the PLAN STUDY; and
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WHEREAS, the AUTHORITY intends to release a request for proposals to secure a consultant (“CONSULTANT”) to implement the PROJECT; and
WHEREAS, based on the PLAN STUDY the AUTHORITY agrees to act as the implementing agency to carry out the PROJECT; and
WHEREAS, the PROJECT will include approximately 2,500 traffic signalized intersections along regionally significant corridors within Orange County; and WHEREAS, approximately 41 PARTICIPATING AGENCY-owned and operated signalized intersections will be included as part of the PROJECT; and WHEREAS, the PROJECT will include all 34 Orange County cities and the County of Orange; and
WHEREAS, the AUTHORITY will enter into a separate cooperative agreement with each participating agency in each jurisdiction for implementation of the PROJECT; and WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY acknowledges and understands that in-house resources (staff hours) from the PARTICIPATING AGENCY will provide various services in support of the PROJECT; and
WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY desire to enter into this Agreement to implement the PROJECT in support of the RTSSP ; and WHEREAS, this Agreement defines the specific terms and conditions, and between the AUTHORITY and the PARTICIPATING AGENCY for the implementation of the PROJECT; and WHEREAS, the PARTICIPATING AGENCY’s City Council approved this Agreement on the _____ day of ___________________, 202_____.

NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the PARTICIPATING AGENCY as follows:
/
/
/

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COOPERATIVE AGREEMENT NO. C-3-2439

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ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between the AUTHORITY and the PARTICIPATING AGENCY and supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement.

The above referenced Recitals are true and correct and are incorporated by reference herein.

B. The AUTHORITY’s failure to insist on any instance(s) of the PARTICIPATING AGENCY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the AUTHORITY’s right to such performance or to future performance of such term(s) or condition(s), and the PARTICIPATING AGENCY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in writing by an authorized representative of the AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

C. The PARTICIPATING AGENCY’s failure to insist on any instance(s) of the AUTHORITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the PARTICIPATING AGENCY’s right to such performance or to future performance of such term(s) or condition(s), and the AUTHORITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the PARTICIPATING AGENCY except when specifically confirmed in writing by an authorized representative of the PARTICIPATING AGENCY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
/
/
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ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the subjects and PROJECT addressed herein. The Parties agree that each will cooperate and coordinate with the other Party in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.

ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
The AUTHORITY, as the lead agency, agrees to the following responsibilities for the implementation of the PROJECT:

A. To designate a Project Manager as a single point of contact for the Project.

B. The AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and complete all aspects of the PROJECT, including filing all documentation necessary to comply with the Congestion Mitigation and Air Quality (CMAQ) funding for the PROJECT.

C. The AUTHORITY, or agents of the AUTHORITY, shall coordinate outreach with the PARTICIPATING AGENCY for the PROJECT.

D. The AUTHORITY, or agents of the AUTHORITY, shall collect all data necessary to provide new optimized timing plans including, but not limited to, manual or video all movement counts at each PROJECT signalized intersection, and a mutually agreed upon number and location of 24 hours 7 days automated machine traffic counts with vehicle classification.

E. The AUTHORITY, or agents of the AUTHORITY, shall develop and implement new timing plans optimized for signal synchronization.

F. The AUTHORITY, or agents of the AUTHORITY, shall provide updated timing plans for all control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCY.

G. The AUTHORITY, or agents of the AUTHORITY, shall prepare a conceptual plan for the delivery of the PROJECT. The AUTHORITY, or agents of the AUTHORITY, shall provide all reports to the PARTICIPATING AGENCY in draft and final formats for review and comment. The PARTICIPATING AGENCY comments shall be noted in the final report.

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H. The AUTHORITY shall provide oversight to maintain inter-jurisdictional traffic signal operational integrity between the PROJECT and other signal synchronization projects not older than three (3) years from the effective date of this Agreement.

I. The AUTHORITY shall provide formats, templates, and guidance in reporting requirements necessary for the PROJECT.

J. The AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of PROJECT, may perform a technical and/or field review to ensure that the CMAQ guidelines, policies, and procedures were followed.

ARTICLE 4. RESPONSIBILITIES OF THE PARTICIPATING AGENCY The PARTICIPATING AGENCY agrees to the following responsibilities for implementation of the PROJECT:

A. The PARTICIPATING AGENCY shall provide a technical representative to meet and participate as a member of the PROJECT’s Traffic Forum.

B. The PARTICIPATING AGENCY shall authorize the AUTHORITY to manage, procure, and implement all aspects of the PROJECT.

C. The PARTICIPATING AGENCY shall participate and support the PROJECT implementation.

D. The PARTICIPATING AGENCY shall provide the AUTHORITY, or agents of the AUTHORITY, all current intersection as-built drawings, all current intersections controller assembly plans as provided by the manufacturer and modified by the PARTICIPATING AGENCY since original installation, local field master, local controller, Advanced Traffic Management System timing plans, and other ITS-related data upon request.

E. The PARTICIPATING AGENCY shall inform the AUTHORITY of new traffic signal installations and any traffic signal modifications, which would materially affect the performance of the regional corridors on the PROJECT.
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F. The PARTICIPATING AGENCY shall maintain in good condition existing traffic signal equipment for the PROJECT, such as signal communication and traffic signal controllers.

G. The PARTICIPATING AGENCY shall waive all fees associated with permits that would otherwise be required from the CONSULTANT, subconsultants, and/or service or equipment providers in the performance of the PROJECT.

ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by the PARTICIPATING AGENCY in the implementation of this Agreement are delegated to its respective City Manager, or City Manager’s designee, and the actions required to be taken by the AUTHORITY in the implementation of this Agreement are delegated to the AUTHORITY’s Chief Executive Officer or Chief Executive Officer’s designee.

ARTICLE 6. AUDIT AND INSPECTION
PARTICIPATING AGENCY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCY shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCY for a period of five (5) years after final payment, final closeout, or until any on-going audit is completed, whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY’s payment of CONSULTANT’s final billing (so noted on the paid invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with AUTHORITY’S contractor.

ARTICLE 7. INDEMNIFICATION
A. To the fullest extent permitted by law, the PARTICIPATING AGENCY shall defend (at the PARTICIPATING AGENCY’s sole cost and expense with legal counsel reasonably acceptable to the AUTHORITY), indemnify, protect, and hold harmless the AUTHORITY, and its officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages,

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demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCY’s employees included), for damage to property, including property owned by the AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the PARTICIPATING AGENCY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

B. To the fullest extent permitted by law, the AUTHORITY shall defend (at the AUTHORITY’s sole cost and expense with legal counsel reasonably acceptable to the PARTICIPATING AGENCY), indemnify, protect, and hold harmless the PARTICIPATING AGENCY, including their officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY’s employees included), for damage to property, including property owned by the PARTICIPATING AGENCY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.

ARTICLE 8. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be in full force and effect from the Effective Date through December 31, 2028.

B. Amendment: This Agreement may be extended or amended in writing at any time by the mutual consent of both Parties. No amendment shall have any force or effect unless executed in writing by all Parties.
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C. Termination: In the event any Party defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall have the option to terminate this Agreement upon thirty (30) calendar days prior written notice to the Party in default.

D. Termination for Convenience: Either Party may terminate this Agreement for its convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for convenience to the other Party.

E. AUTHORITY and Parties shall comply with all applicable federal, state, and local laws, statues, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT.

F. Legal Authority: The Parties hereto consent that they are authorized to execute this Agreement on behalf of said Party and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.

G. Severability: If any term, provision, covenant, or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each remaining term, provision, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same Agreement. Facsimile/electronic signatures shall be permitted.

I. Assignment: Neither this Agreement, nor any of the Parties’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. /

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J. Governing Law: The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Agreement.

K. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing Party.

L. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows:

To PARTICIPATING AGENCY: To AUTHORITY:

City of Yorba Linda Orange County Transportation Authority 4845 Casa Loma Avenue
Yorba Linda, CA 92886
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Jamie Lai
Public Works Director / City Engineer
Tel: (714) 961-7170
Email: [email protected]
Attention: Michael Le
Senior Contract Administrator
Tel: (714) 560-5314
Email: [email protected]
CC: Alicia Yang
OCTA Project Manager
Tel: (714) 560-5362
Email: [email protected]
M. Force Majeure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-3-2439 to be executed as of the date of the last signature below.

CITY OF YORBA LINDA ORANGE COUNTY TRANSPORTATION AUTHORITY By: ___________________________ By: __________________________________ Mark Pulone Meena Katakia
City Manager Manager, Capital Projects
Dated: _________________________ Dated: _________________________ ATTEST: APPROVED AS TO FORM:

By: ___________________________ By: __________________________________ Marcia Brown James M. Donich
City Clerk General Counsel
Dated: _________________________ Dated: _________________________

APPROVED AS TO FORM
By: ___________________________
Todd Litfin
City Attorney
Dated: _________________________

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ADMINISTRATION DEPARTMENT
DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID CHRISTIAN, ASSISTANT CITY MANAGER
SUBJECT: FIVE-YEAR AGREEMENT WITH FLOCK GROUP, INC. TO LOCK IN

CURRENT PRICING FOR AUTOMATED LICENSE PLATE READER

CAMERAS

RECOMMENDATION
It is recommended that the City Council approve an agreement with Flock Group, Inc. (Flock Safety) in the amount of $504,000 ($100,800 per year) for the continued operation of 36 automatic license plate reader cameras throughout the City of Yorba Linda over the next five years and authorize the City Manager to execute the agreement.

BACKGROUND
Upon recommendation from the Orange County Sheriff’s Department (OCSD), on December 20, 2022, the City Council approved an agreement with Flock Group, Inc. for the installation of 36 automatic license plate reader cameras throughout the City. The installation was completed in early 2023 and the cameras have been in operation since then and have already aided law enforcement in several incidents.

DISCUSSION
The original agreement was for one year with automatic annual renewals which would be approved by Council via the budget process as staff would request the necessary funding.

However, in an effort to incentivize and retain customers, Flock Safety has offered to keep its current pricing for the next five years in exchange for our commitment to continue using the system for that same period of time.

It should be noted that this agreement does not lock the City into the current configuration of cameras, but simply guarantees the current pricing. Should the City wish to enhance the system by adding cameras, this pricing would be applied. In addition, this does not preclude the City from upgrading the system to newer technology should it become available in the future as well.

FISCAL IMPACT
Staff will continue to include sufficient funds in the budget to maintain the current system.

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FIVE-YEAR AGREEMENT WITH FLOCK GROUP, INC. TO LOCK IN CURRENT

PRICING FOR AUTOMATED LICENSE PLATE READER CAMERAS
P a g e | 2

ALTERNATIVES
Do not approve this agreement with Flock Safety and proceed with annual renewals at the then-current pricing.

ATTACHMENTS

1. Five-Year Agreement with Flock Group, Inc. for Automatic License Plate Reader Cameras

2. December 20, 2022 Staff Report

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Flock Safety + CA - City of Yorba
Linda
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Tonia Crump
[email protected]
4049329942

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Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system 2000+ 120 1B+ <60%*
communities with privatepublic partnershipsincident alerts / minute 1B+ vehicles detected / month
<60% local crime reduction
in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

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Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

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Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.

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Software Add-Ons
Advanced Search Package Unlock more leads and build stronger cases with minimal evidence on the front-end of your investigations with
Advanced Search features:
● Visual Search - Upload any digital image and
transform it into an investigative lead
● Multi-Geo Search - Link a single suspect vehicle to
multiple crimes, even without a vehicle description
or plate number
● Convoy Analysis - Detect suspect vehicles
frequently traveling together to identify
accomplices to serial or organized crimes
Software Integrations
Access real-time incident data in a single ESRI-based map by layering intelligence from your existing data streams into your Flock Safety software experience.
● Computer-Aided Dispatch (CAD) Integration -
Provide your Dispatchers and Patrol Officers with
real-time incident context from 911 calls. Display
CAD events in your Flock Safety Map, including
important incident information like location,
priority, and event type.
● Automatic Vehicle Location (AVL) Integration -
Bring live patrol locations and status into a single
map view, giving dispatchers and patrol officers
more context to deploy resources effectively and
decrease incident response times.

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License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.* *Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.
√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance

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Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations
Share crimes solved in the local media with the help of our Public Relations team.

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EXHIBIT A

ORDER FORM
Customer: CA - City of Yorba Linda Initial Term: 60 Months Legal Entity Name: CA - City of Yorba Linda Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 4845 Casa Loma Ave Yorba Linda, California
92886
Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 365 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $100,800.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 36 Included
Flock Safety Platform Add Ons
Extended data retention (Up to 1 Year) $300.00 36 $10,800.00 Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1: $100,800.00
Annual Recurring Subtotal: $100,800.00
Discounts: $90,000.00
Estimated Tax: $0.00
Contract Total: $504,000.00

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Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $100,800.00
Annual Recurring after Year 1 $100,800.00
Contract Total $504,000.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $90,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00

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Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features & Description
Package: Essentials
FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.

Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Flock Insights/Analytics page
Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.

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By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - City of Yorba Linda
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:

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Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 15 day of September 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and

AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as

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exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

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1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

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2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

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2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

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3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages,

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text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any

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such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

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5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or

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withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6.

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8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

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PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

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LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at

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Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS

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11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

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11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

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11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

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FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

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EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and

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(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

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ADMINISTRATION DEPARTMENT
DATE: DECEMBER 20, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID CHRISTIAN, ASSISTANT CITY MANAGER
SUBJECT: AGREEMENT WITH FLOCK GROUP, INC. FOR AUTOMATIC LICENSE

PLATE READER CAMERAS

RECOMMENDATION
It is recommended that the City Council approve an agreement with Flock Group, Inc. (Flock Safety) in the amount of $114,600.00 for the installation and operation of 36 automatic license plate reader cameras throughout the City of Yorba Linda and authorize the City Manager to execute the agreement.

BACKGROUND
The Orange County Sheriff’s Department (OCSD) had requested earlier this year that the City consider purchasing automatic license plate reader cameras in order to improve the public safety services they provide to the community. Specifically, the cameras would enhance their ability to find stolen vehicles, find “persons of interest”, and conduct investigations. Because public safety has always been a top priority for the City of Yorba Linda, the Council approved a mid-term budget adjustment in June, 2022 for the acquisition of an automatic license plate reader camera system.

DISCUSSION
Flock Safety, a vendor based out of Atlanta, Georgia, provides a unique product for automatic license plate reader cameras. Flock Safety cameras do not just identify the license plate seen, but all the objects within the frame. Even if the vehicle does not have a tag, the image can be captured for review. What really makes their product unique is the user interface software. Their software provides a simple search of the database with unlimited user licenses. Within the software component, law enforcement can receive hotlist alerts and create custom alerts for plates under investigation. Flock Safety camera systems are live in over 600 cities in 38 states and over 210 police departments.

In Orange County, Flock Safety is currently being used by the cities of Anaheim, Buena Park, Dana Point, Fullerton, Laguna Hills, Laguna Niguel, Lake Forest, Los Alamitos, San Clemente, San Juan Capistrano, Seal Beach and Stanton. In addition, many homeowner’s associations and random neighborhoods utilize Flock Safety cameras, some of which are within the City of Yorba Linda. Because all Flock Safety cameras operate on the same

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AGREEMENT WITH FLOCK GROUP, INC. FOR AUTOMATIC LICENSE PLATE

READER CAMERAS
P a g e | 2
platform, this allows OCSD the ability to have a regional approach with regards to the use of the data and solving crimes. It should be noted that all data will be transmitted in encrypted form directly from the cameras to the cloud stored where it can be accessed only by law enforcement for a period of one year. Based on the above reasons, staff believes it is in the best interest of the City to forgo the competitive bidding process and award a contract to Flock Safety under the City’s sole source purchasing guidelines.

Staff from OCSD along with City staff have worked with Flock Safety to identify the various locations throughout the City that will best capture the ingress and egress of vehicles. In addition, most of the cameras will be mounted on existing City owned traffic or light poles and those that cannot, will be mounted on newly installed poles within the City’s right-ofway. The cameras are powered by solar energy and need no wiring to an existing power source and therefore can be installed in a relatively short period of time. Should Council approve this agreement, installation can begin right away after the permitting process is complete and should take only a couple of weeks to complete. It is anticipated that the system could be fully operational within a couple of months.

The agreement includes 36 automatic license plate reader cameras, at an annual subscription cost of $2,500 per year for each camera, as well as data storage costs of $300 per year for each camera for a total annual cost of $100,800. The one-time installation fee of $350 - $750 per camera will total $13,800. All maintenance, data hosting, and software access is included with the annual subscription cost. Therefore, the proposed costs are $114,600 for the first year and $100,800 for subsequent years. After the initial term, should the City wish not to renew the agreement, it may do so by providing a written notice 30 days prior to the end of the term. Otherwise, staff will continue to include an appropriate amount of funding in each year’s operating budget for Council to approve the annual renewal of the agreement.

FISCAL IMPACT
Sufficient funds have been appropriated in the current fiscal year budget. Staff will include sufficient funds in the upcoming two-year budget to complete the initial 12 month term as well as to maintain the annual renewals that will occur within that time frame.

ALTERNATIVES
Do not approve this agreement with Flock Safety and direct staff to investigate other public safety solutions or to prepare an RFP and bid the project.

ATTACHMENTS

1. Agreement with Flock Group, Inc. for Automatic License Plate Reader Cameras

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ADMINISTRATION DEPARTMENT
DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARK A. PULONE, CITY MANAGER
PREPARED BY: CHRIS PEÑA, EMERGENCY MANAGEMENT

COORDINATOR
SUBJECT: RESOLUTION NO. 2023-5866, ADOPTION OF LOCAL HAZARD

MITIGATION PLAN

RECOMMENDATION
It is recommended that the City Council approve Resolution No. 2023-5866 adopting the Local Hazard Mitigation Plan (LHMP).

BACKGROUND
The federal Robert T. Stafford Disaster Relief and Emergency Act (Stafford Act), as amended by the Disaster Mitigation Act of 2000 (DMA 2000) and supported by various regulations, directs hazard mitigation planning activities such as this plan. The Stafford Act requires State, local, and tribal governmental entities that wish to be eligible for federal hazard mitigation grant funds to submit a hazard mitigation plan that outlines the processes for identifying the natural and manmade hazards, risks, and vulnerabilities of each jurisdiction (United States Code [USC] Title 42, Section 5156[a]). The Federal Emergency Management Agency (FEMA) has promulgated Code of Federal Regulations (CFR) Title 44, Part 201 to carry out the hazard mitigation planning requirements in the Stafford Act.

These regulations direct the planning process, plan content, and FEMA approval of hazard mitigation plans.

In June, 2022 the city engaged Michael Baker International, Inc. to write our first ever Local Hazard Mitigation Plan along with updating the Safety Element of the General Plan and our Emergency Operation Plan. The LMHP, which complies with the Stafford Act and DMA 2000, along with the appropriate sections of Title 44 of the CFR, including Parts 201, 206, and 322, was submitted to FEMA for their review and they determined that the plan is eligible for final approval pending its adoption by the City per resolution. Formal adoption documentation must be submitted to FEMA Region 9 within one calendar year of the date of their notification letter (September 15, 2023) or the entire plan must be updated and resubmitted for review. However, due to a grant close-out deadline from the Governor’s Office of Emergency Services (Cal OES), Council approval is needed by the end of October.

FEMA has indicated that they will award final approval of the plan upon receipt of the documentation of formal adoption.

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RESOLUTION NO. 2023-5866, ADOPTION OF LOCAL HAZARD MITIGATION PLAN P a g e | 2

ANALYSIS/DISCUSSION
The City strives to improve local reliability and resilience through capital improvement projects, innovative planning, and emergency management practices. To formalize existing efforts related to natural hazards and hazard mitigation planning, along with establishing a clear understanding of potential hazards and a coordinated plan to address these risks, the City developed this LHMP. Cal OES and FEMA awarded the City grant funding that supported LHMP development and made this planning process possible.

The LHMP does not supersede any internal or current City plans or strategies. Rather, the LHMP enhances the ability to identify, inform, and mitigate hazard risks that are unique to the City of Yorba Linda. Information in this plan will be used to help guide and coordinate mitigation activities and serve as a tool for Yorba Linda decision-makers to specifically direct mitigation activities and resources.

It should be noted that during this process, staff conducted public outreach for the LHMP.

Outreach included information on the City’s Hazard Mitigation webpage, speaking at a community meeting at our Library facility, and a public survey with 156 respondents. The purpose of the community outreach event was to communicate components and benefits of ongoing safety and mitigation projects including the LHMP and other ongoing projects (Safety Element update, Emergency Operations Plan update, and Cal FIRE grant funded fuel management/vegetation removal project). The community outreach event was noticed on City social media accounts (Facebook, Instagram, and Twitter). In addition, invitational posters were staked at fifteen locations throughout the City.

The City released the Draft LHMP for a two week (15-day) public review period, which began on 3/1/2023 and ended on 3/15/2023. The draft LHMP was posted on the City’s website and notification was also posted on the City’s social media account. No public comments were received on the draft LHMP. After the LHMP is approved, the final LHMP will be posted on the City’s website.

ALTERNATIVES
Do not approve Resolution No. 2023-5866, thereby not adopting the Local Hazard Mitigation Plan and risking eligibility for federal hazard mitigation grant funds.

ATTACHMENTS

1. Resolution No. 2023-5866 Adoption of the Local Hazard Mitigation Plan

2. Local Hazard Mitigation Plan

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RESOLUTION NO. 2023-5866

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA AUTHORIZING THE ADOPTION OF THE
2023 YORBA LINDA LOCAL HAZARD MITIGATION PLAN
WHEREAS, the City of Yorba Linda recognizes the threat that natural hazards pose to people and property within our community; and
WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and WHEREAS, the U.S. Congress passed the Disaster Mitigation Act of 2000 (“Disaster Mitigation Act”) emphasizing the need for pre-disaster mitigation of potential hazards; and
WHEREAS, the Disaster Mitigation Act made available hazard mitigation grants to state and local governments; and
WHEREAS, an adopted Local Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant programs; and
WHEREAS, the City of Yorba Linda fully participated in the FEMA-prescribed mitigation planning process to prepare this local hazard mitigation plan; and WHEREAS, the California Office of Emergency Services and Federal Emergency Management Agency, Region IX officials have reviewed the 2023 Yorba Linda Local Hazard Mitigation Plan and approved it contingent upon this official adoption by City Council; and
WHEREAS, adoption by the City Council of Yorba Linda demonstrates the jurisdiction’s commitment to fulfilling the mitigation goals and objectives outlined in this Local Hazard Mitigation Plan; and
WHEREAS, adoption of this legitimizes the plan and authorizes responsible agencies to carry out their responsibilities under the plan.

NOW, THEREFORE, BE IT RESOLVED that the City of Yorba Linda adopts the 2023 Yorba Linda Local Hazard Mitigation Plan as an official plan.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 17th day of October 2023.

GENE HERNANDEZ, MAYOR

CITY OF YORBA LINDA

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RESOLUTION NO. 2023-5866
PAGE NO. 2
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 Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 17th day of October 2023 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

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Attachment 2 - Local Hazard Mitigation Plan
Yorba Linda LHMP_CalOES Submittal_Redacted (1) 032023.pdf

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CITY OF YORBA LINDA

PLANNING COMMISSION

AGENDA ITEM SUMMARY
Meeting Date: October 11, 2023
Community Development Department
Planning Division
Director
David Brantley, AICP
APPROVAL OF SEPTEMBER 13, 2023, PLANNIING COMMISSION MEETING MINUTES A motion by Commissioner Bernstein, Second by Chair Pro Tem Singh to approve the September 13, 2023, Planning Commission meeting minutes with corrections. The motion carried (5-0) with the following roll call vote:

AYES: Bernstein, Behura, Singh, Masterson, Pease
NOES: None
ABSENT: None
ABSTAIN: None
CONDITIONAL USE PERMIT 2023-23 PATEL
A motion by Commissioner Masterson, Second by Chair Pro Tem Singh to adopt Resolution No. 5567 approving Conditional Use Permit 2023-23 Patel, subject to attached conditions of approval. The motion carried (5-0) with the following roll call vote:

AYES: Bernstein, Singh, Pease, Masterson, Behura
NOES: None
ABSENT: None
ABSTAIN: None
CONDITIONAL USE PERMIT 2023-21 VILLAGE PRESCHOOL ACADEMY A motion by Commissioner Bernstein, Second by Chair Pro Tem Singh to adopt Resolution No. 5568 approving Conditional Use Permit 2023-21 Village Preschool Academy, subject to attached conditions of approval. The motion carried (5-0) with the following roll call vote:

AYES: Bernstein, Singh, Pease, Masterson, Behura
NOES: None
ABSENT: None
ABSTAIN: None
Adjournment: The meeting adjourned at 7:42 p.m. to the October 25, 2023, Planning Commission meeting at 6:30 p.m.

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CITY CLERK'S OFFICE
DATE: OCTOBER 17, 2023
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

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MONTHLY REPORT:

August
Monthly Year to Date (YTD) County Monthly County YTD

OPERATIONS
Service Requests Completed: 26 81 640 2,257
Mosquitoes: 21 65 536 1,811
Rats: 1 5 38 225
Rifa: 4 11 59 199
Number of Swimming Pools Treated/Inspected: 23 292 1,101 6,676 Hours Spent Treating/Inspecting Gutters 18.5 75 1075.18 3,613.9 Undergrounds Treated: 24 159 3,953 16,559
Acres of Flood Channels Treated: 0.7 2.40688 127.094 489.17078 Acres of RIFA Treated/Inspected: 325 1,279 10.652.08 44,585 Number of Inspection Treatments: 26 273 1,690 12,479

LABORATORY
Adult Mosquitoes Collected: 544 2331 56,571 268,960
Collected From Trustee Home: 0 0 0 0
Invasive Aedes 52 84 1,886 2,288
Mosquito Pools (Samples) Tested: 27 61 902 3,709
WNV Positive Samples: 1 1 37 39
WNV Positive Birds: 0 0 0 0
Number of Human Infections/Deaths: 0 0 2 2
Fleas, Ticks, and Others Tested: - - - 549

COMMUNICATIONS
Outreach Events Attended: 0 0 6 37
General Presentations: 0 2 3 38
Educational Program Presentations: 0 0 0 115
Calls Received - - 378 2,107
None at this time
TOTAL 15
AVERAGE 3.00
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)

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ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT

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Laboratory Report, October 19, 2023 Attachment No. 1
Vector of the Month-Yellow Fever Mosquito, Aedes Aegypti Since its original discovery in Anaheim during 2015, the yellow fever mosquito, Aedes aegypti, this year has been detected in 27 Orange County cities. This species of mosquito has also become well-established in our neighboring Los Angeles and San Diego counties. The likely mechanism for its expansion has been by transport of eggs and/or larvae-infested potted plants and adult mosquitoes by vehicles.

Aedes aegypti originated in tropical Africa and spread around the tropical and sub-tropical world with the movement of people and commerce. It likely reached the Americas by the 1600s and was responsible for outbreaks of yellow fever, as its common name implies, in many parts of the New World. This species is primarily associated with urban areas and is dependent on humans not only for their breeding sources, but often as a source for their blood meals. Adult mosquitoes are relatively small and are black with white stripes (Figure 1). Females (males do not bite) are active during the day and will readily bite indoors and outdoors in shaded areas around the home. Once established, they can become a severe nuisance to both people and pets, and are a potential vector of several mosquito-borne pathogens, such as yellow fever, dengue, chikungunya, and Zika viruses, as well as dog heartworm.

Aedes aegypti larvae do not develop in typical open water sources characteristic of most of our local mosquitoes; instead, they breed in water held in both natural and artificial containers. The range of sources include leaf axils, tree holes, discarded tires, flower pots, buckets, cemetery urns, discarded cups/cans, and occasionally larger sites, such as storm drains and even septic tanks. Its eggs can survive desiccation for long periods of time, facilitating this mosquito’s spread to new locations with the movement of contaminated containers, or its ability to re-emerge after control efforts.

Historically, the failure of Aedes aegypti to become established locally in prior years may be related to our dry climate and lower humidity levels that reduce survival of adult mosquitoes.

However, this scenario has been breached because human development has progressively changed arid regions of the American southwest into a well-irrigated, pseudo-rain forest system with suitable conditions throughout many arears of California. No longer confined to regions of the United States with high summer humidity, Aedes aegypti is now established in New Mexico, Arizona, and several counties of California.

Because of its ability to live in close proximity to humans, the most effective method to control Aedes aegypti is to prevent containers around the home from collecting water. To stop the spread of this and other invasive Aedes mosquitoes in Orange County, the District is requesting residents to do their part by following these steps:
• CALL and REPORT any sightings of small, black and-white mosquitoes, or if you are being bitten by mosquitoes during the day! Residents can contact the Orange County Mosquito and Vector Control District at 714-971-2421, or online at www.ocvector.org.

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Laboratory Report, October 19, 2023 Attachment No. 1
• DUMP and DRAIN all stagnant water around your home. Eliminate plant saucers and other unnecessary containers; thoroughly scrub outdoor pet water dishes weekly to remove eggs.
• DO NOT transport or share plant stems rooted in water, or keep outdoor buckets full of water.
• USE INSECT REPELLENT containing EPA-registered active ingredients such as DEET, Picaridin, or oil of lemon eucalyptus to avoid bites.

Figure 1. Drawing of an adult Aedes aegypti female mosquito.

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Laboratory Report, October 19, 2023 Attachment No. 2
Dengue will 'take off' in southern Europe, US, Africa this decade, WHO scientist says By Jennifer Rigby October 6, 20237:09 AM
LONDON, Oct 6 (Reuters) - Dengue fever will become a major threat in the southern United States, southern Europe and new parts of Africa this decade, the WHO's chief scientist said, as warmer temperatures create the conditions for the mosquitoes carrying the infection to spread.

The illness has long been a scourge in much of Asia and Latin America, causing an estimated 20,000 deaths each year. Rates of the disease have already risen eight-fold globally since 2000, driven largely by climate change as well as the increased movement of people and urbanization.

Many cases go unrecorded, but in 2022 4.2 million cases were reported worldwide and public health officials have warned that near-record levels of transmission are expected this year. Bangladesh is currently experiencing its worst-ever outbreak, with more than 1,000 deaths. “We need to talk much more proactively about dengue,” Jeremy Farrar, an infectious diseases specialist who joined the World Health Organization in May this year, told Reuters. “We need to really prepare countries for how they will deal with the additional pressure that will come… in the future in many, many big cities.”
Farrar previously spent 18 years working in Vietnam on tropical diseases including dengue. He later headed up the Wellcome Trust global health charity and advised the UK government on its COVID-19 response before joining the WHO in May this year.

Farrar said the infection is likely to “take off” and become endemic in parts of the United States, Europe and Africa - all regions where there has already been some limited local transmission - as global warming makes new areas hospitable to the mosquitoes that spread it. That will put acute pressure on hospital systems in many countries, he warned.
“The clinical care is really intensive, it requires a high ratio of nurses to patients,” he said. “I really worry when this becomes a big issue in sub-Saharan Africa.”

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Laboratory Report, October 19, 2023 Attachment No. 2
[1/2]Mosquitoes are seen on stagnant water
on the roadside during countrywide dengue
infection, in Dhaka, Bangladesh, August 24,
2023. REUTERS/Mohammad Ponir
Hossain/File Photo Acquire Licensing Rights
Most people who get dengue do not have symptoms, meaning case rates are thought to be far higher than the reported numbers. Those who do can experience fever, muscle spasms and joint pain so severe it is known as “break-bone fever.” In severe cases – less than 1% - it can be fatal.

There is no specific treatment for dengue, although there is a vaccine available. Earlier this week, the WHO recommended Takeda Pharmaceuticals' (4502.T) Qdenga vaccine for children aged 6 to 16 in areas where the infection is a significant public health problem.

Qdenga is also approved by the EU regulator, but Takeda withdrew its application in the United States earlier this year, citing data collection issues. Takeda said it was still in talks with the U.S. Food and Drug Administration about the vaccine.

Preparing new regions of the world to deal with dengue means ensuring that any public health funds get spent in the right areas, Farrar said, including on the best way to control the mosquito.

Dengue is spread by infected Aedes aegypti mosquitoes, which behave differently to the malariacarrying kind. For example, they bite people indoors, and they bite all day rather than overnight. They also breed in very shallow water.

Farrar said proper prevention would include triaging plans for hospitals as well as scientific innovation alongside other key factors, such as urban planning, to avoid areas of standing water near or in houses.
“We need to combine different sectors that are not used to working together,” he said.

Reporting by Jennifer Rigby, editing by Michele Gershberg and Sharon Singleton

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QUARTER
REPORT

J U L Y - A U G U S T
2023
Presented to the Bridges at
Kraemer Place Community
Advisory Board

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1 Report Period
July 1, 2023 – August 31, 2023 (YTD)
July 1, 2023 – August 31, 2023 (Quarter)
Number Served
Quarter YTD FY2022-23
Number of Unduplicated Clients 218 218 337
Number of Exits 44 44 224
% of Service Capacity Goal (480 annual) 45% 70%
Coordinated Entry System Statistics
Number of Active Clients on Community Queue 120
% of Active Clients on Community Queue 69%
Number of Active Clients Matched to a Housing Opportunity 10 % of Active Clients Matched to a Housing Opportunity 6% Total number of unduplicated individuals served year-to-date who have received Permanent Supportive Housing (PSH)
or Housing Choice Voucher (HCV) through the Coordinated Entry System
2 Total number of unduplicated individuals served year-to-date who have received Rapid Re-Housing (RRH) through
the Coordinated Entry System
0

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2 Program Exits – Summary
Quarter YTD FY2022-23
Positive Exits 5 5 56
Negative Exits 29 29 37
Unknown Exits 10 10 131
Program Exits – Destination Detail
Benchmark: 30% of clients who exit to a known destination will exit to permanent housing.

Progress toward benchmark: 6% of clients who have exited to a known destination have exited to permanent housing.

Exits to Permanent Housing Quarter YTD FY2022-23
2 2 45
Rental by client, no ongoing housing subsidy 0 0 0
Rental by client, with VASH housing subsidy 0 0 0
Rental by client, with other ongoing housing
subsidy
0 0
0 Permanent housing (other than RRH) for formerly
homeless persons
0 0
2 Rental by client, with HCV voucher (tenant or
project based) 2 2 29
Staying or living with family, permanent tenure 0 0 8
Staying or living with friends, permanent tenure 0 0 3
Rental by client, with RRH or equivalent subsidy 0 0 0
Rental by client in a public housing unit 0 0 0

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3 Exits to Temporary Housing Quarter YTD FY2022-23
3 3 7
Staying or living with family, temporary tenure 2 2 2
Staying or living with friends, temporary tenure 1 1 1
Host Home (non-crisis) 0 0 0
Transitional housing for homeless persons 0 0 3
Hotel or motel paid for without emergency shelter
voucher
0 0 0
Residential project or halfway house with no
homeless criteria
0 0 1
Exits to Institutions Quarter YTD FY2022-23
4 Foster care home or group foster care home 0 0 0
Psychiatric hospital or other psychiatric facility 0 0 0 Substance abuse treatment facility or detox center 0 0 1 Hospital or other residential non-psychiatric
medical facility
0 0 0
Jail, prison, or juvenile detention facility 0 0 0
Long-term care facility or nursing home 0 0 3
Exits to Homelessness Quarter YTD FY2022-23
29 29 37
Emergency shelter, including hotel or motel paid for
with emergency shelter voucher 0 0 5
Place not meant for habitation (e.g., a vehicle, an
abandoned building, bus / train / subway station /
airport or anywhere outside)
29 29 32
Exits to Other Destinations Quarter YTD FY2022-23
10 10 131
Deceased 0 0 2
Client Doesn't Know/Client Refused 0 0 6
Data Not Collected (no exit interview completed) 10 10 123 Increased Income
Quarter YTD FY2022-23
Participants with Increased Income
(at Annual Assessment and/or Exit) 15 15 26

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Set Aside Beds
Beds
Available
Quarter Average
Utilization
MHSA Beds 10 70%
Law Enforcement Beds 20 55%
26 Length of Stay – Year to Date
Benchmark: National average length of stay for emergency shelter stays is 151 days.

Progress toward benchmark: Bridges at Kraemer Place's average length of stay is 238 days for the year.

Benchmark: Average length of stay for successful housing placement at Bridges at Kraemer Place between July 2017-June 2023 is 248 days.

The average length of stay for a successful housing placement is currently: 762 days ** Total number of shelter bed nights provided year-to-date: 8,038 bed nights 73 46 46
31 55
0 < 24 hours 1-7 days 8-30 days 180-365 days > 365 days Number of Clients 31-90 days 91-180 days
Length of Stay
4

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Client Demographics - YTD
Age
Race
9 61
76 79
66 41
70 60
50 40
30 20
10 0
90 80 Number of Clients
18-24 25-34 35-44 45-54 55-61 62+
Age Range
0 20 40 60 120 140 160 180
Client Doesn't Know/Client Refused 1
Multiple Races 3
Native Hawaiian or Pacific Islander 5
American Indian, Alaska Native, or Indigenous 10
Asian or Asian American 12
Black or African American 27
White 160
80 100
Number of Clients Race
5

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Gender
Ethnicity
67 151
Male Female
131
86 Non-Hispanic/Non-Latin(a)(o)(x) Hispanic/Latin(a)(o)(x) 6

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Veteran Status
Chronically Homeless
7 211
Veteran Non-Veteran
125
93 Chronically Homeless Non-Chronically Homeless
7

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City Prior to Entry
3 4
24 0
0 2
29 3
11 2
142
0 20 40 60 100 120 140 160
Anaheim
Brea
Buena Park
Cypress
Fullerton
La Habra
La Palma
Los Alamitos
Orange
Placentia
Stanton
Villa Park 0
Yorba Linda 0
80 Number of Clients City
8

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W h i t e B l a c k , A f ri c a n
A m e r i c a n , o r
A f r i c a n
A s i a n o r A si a n
A m e r i c a n A l a s k a N a t i v e , o r
I n d i g e n o u s
o r P a c i f i c
I s l a n d e r
A m e r i c a n I n d i a n , N a t i v e H a w a i i a n M u lt i- R a c i a l Racial Equity Analysis – YTD
Populations Served
% of Shelter Pop. % 2022 PIT
100%
0%
40% 34%
0% 12% 0% 5% 0% 5% 0% 2% 0% 1% 0% 1%
0%
60%
40%
20%
80%
Exit Destination Type by Racial Categories compared to Racial Representation of Total Shelter Population
Permanent Destinations
120%
100%
% of Destination % Shelter Population
9

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67%
33%
40%
34%
0% 12% 0% 5% 0% 5% 0% 2% 0% 1% 0% 1%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Temporary Destinations
% of Destination % Shelter Population
35%
40%
42%
34%
12%
6% 3% 5% 6% 5% 3% 2% 3% 1% 0% 1%
45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
Homeless Destinations
% of Destination % Shelter Population
10

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40% 40% 40%
34%
12% 10% 10%
0% 0% 5% 5% 2% 0% 1% 0% 1%
45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
Unknown Destinations
% of Destination % Shelter Population
11

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OCTOBER 17, 2023 CITY COUNCIL MEETING
CONSENT CALENDAR ITEM NO. 15 – COUNCIL COMMITTEE AND AGENCY REPORTS

ADDITIONAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

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Transportation Corridor Agencies
For the October 12, 2023, Meeting

BOARD MEETING HIGHLIGHTS

F/ETCA BOARD OF DIRECTORS
John Taylor, Chair,

SAN JUAN CAPISTRANO
Patricia Kelley, Vice Chair,

MISSION VIEJO
Ashleigh Aitken,

ANAHEIM
Mike Frost,

DANA POINT
Farrah Khan,
IRVINE
Scott Voigts,

LAKE FOREST
Denis Bilodeau,
ORANGE
Anthony Beall,

RANCHO SANTA MARGARITA
David Penaloza,

SANTA ANA
Austin Lumbard,
TUSTIN
Beth Haney,

YORBA LINDA
Donald P. Wagner,
COUNTY OF ORANGE, 3RD DIST.

Doug Chaffee,
COUNTY OF ORANGE, 4TH DIST.

Katrina Foley,
COUNTY OF ORANGE, 5TH DIST.

Mario Orso, 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
Jamey Federico,

DANA POINT
Farrah Khan,
IRVINE
Stephanie Oddo,

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.

Katrina Foley,
COUNTY OF ORANGE, 5TH DIST.

Mario Orso, Ex Officio Member,
CALTRANS DIST. 12
73/133/241/261 TOLL ROADS
BOARDS APPROVE AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR 2023 Both Boards of Directors unanimously approved the audited financial statements for the fiscal year ended June 30, 2023.

The approved audited financial statements for the San Joaquin Hills Transportation Corridor Agencies (SJHTCA) show that tolls, fees, and fines earned in Fiscal Year 2023 (FY23) totaled $167.6 million compared to $158.1 million in FY22, representing a 6% year-over-year increase.

The approved audited financial statements for the Foothill/Eastern Transportation Corridor Agency (F/ETCA) show that tolls, fees, and fines earned in FY23 totaled $212.3 million compared to $199.3 million in FY22, representing a 6.5% year-over-year increase.

The independent auditing firm, Crowe LLP, issued an unmodified opinion – the highest level of assurance that TCA’s financial statements are fairly stated in all material respects in accordance with generally accepted accounting principles.

Both Agencies have received unmodified opinions on their audits every year since the Transportation Corridors Agencies (TCA) inception in 1986.

ANNUAL CUSTOMER SERVICE UPDATE
The Boards received the Annual Customer Service Update highlighting key performance indicators related to customer service feedback, self-help usage, account growth and contractor performance.

The update featured continued high marks in customer satisfaction and performance, including a significant improvement in average wait time compared to the previous year. Overall customer satisfaction was rated at a 4.5 out of 5, reflecting customers’ positive experience, which hit the key performance indicator mark for the Toll Operations team. The Agencies maintained an “A” rating in customer satisfaction for the fourth year running.

Over 90,000 surveys were completed and displayed a Net Promoter Score rated as excellent, which demonstrates the high level of customer loyalty that exists among users of The Toll Roads.

COMMUNITY ENGAGEMENT ACTIVITIES REACH OVER 125,000 RESIDENTS Staff presented TCA’s community outreach efforts for 2023. The Community Engagement team has been active in member cities as part of the Boards’ adopted Strategic Plan.

Since the beginning of 2023, the Community Engagement team has hosted booths at 28 regional events, attended 65 city and chambers of commerce meetings, attended member city state of the city events, and provided monthly updates about The Toll Roads at various community meetings with an estimated public attendance of over 125,000 people.

Communications and public engagement are a focus for the Agencies and one of the key pillars of the Strategic Plan. At events, staff engages with the community to address questions, provides information on upcoming projects and programs, and gathers feedback to improve overall communications.

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INDONESIA’S LARGEST TOLL OPERATOR VISITS TCA
This week, TCA welcomed a visit from the Indonesian toll road operator, Jasa Marga, the largest toll road operator in Indonesia, with 36 Toll Roads totaling approximately 1,400 miles.

The group of nine, which consisted of IT and operational experts, were given a tour of TCA facilities and an overview of The Toll Roads’ operations, to share best practices and learn about ways to innovate together.

TCA is proud to share its visionary leadership, dedication to improving mobility and commitment to innovation in support of partner tolling agencies around the globe.

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PUBLIC WORKS DEPARTMENT
DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: JESSE GUTIERREZ, ASSESSMENT DISTRICT

MANAGER
SUBJECT: CITY OF YORBA LINDA LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT – INITIATING PROCEEDINGS, APPROVAL OF ENGINEER’S REPORT, AND DECLARATION OF INTENT TO BALLOT

PROPERTY OWNERS FOR A PROPOSED NEW OR INCREASED
ASSESSMENT WITHIN LOCAL LANDSCAPING ZONE L-1B OF THE LMAD COMMENCING FISCAL YEAR 2024/2025

RECOMMENDATION
It is recommended that the City Council:

1. Adopt Resolution No. 2023-5863, initiating proceedings to levy a proposed new or increased assessment for Local Landscaping Zone L-1B within the Yorba Linda Street Lighting and Landscaping Maintenance Assessment District, commencing Fiscal Year 2024/2025;

2. Adopt Resolution No. 2023-5864, approving of the Engineer’s Report regarding proposed increased assessment for Local Landscaping Zone L-1B within the Yorba Linda Street Lighting and Landscaping Maintenance Assessment District for Fiscal Year 2024/2025; and

3. Adopt Resolution No. 2023-5865, declaring its intention to ballot property owners for a proposed new or increased assessment within Local Landscaping Zone L-1B of the Yorba Linda Street Lighting and Landscaping Maintenance Assessment District commencing with Fiscal Year 2024/2025, setting a time and place for a Public Hearing, and authorizing staff to proceed with the balloting procedures.

BACKGROUND
The Lighting and Landscaping Maintenance Assessment District (LMAD) was formed pursuant to the Landscaping and Lighting Act of 1972 (The 1972 Act). In part through annual

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C I T Y O F Y O R B A L I N D A L I G H T I N G A N D L A N D S C A P I N G M A I N T E N A N C E A S S E S S M E N T D I S T R I C T – I N I T I A T I N G P R O C E E D I N G S , A P P R O V A L O F E N G I N E E R ’ S R E P O R T , A N D

D E C L A R A T I O N O F I N T E N T T O B A L L O T P R O P E R T Y O W N E R S F O R A

P R O P O S E D N E W O R I N C R E A S E D A S S E S S M E N T W I T H I N L O C A L L A N D S C A P I N G Z O N E L - 1 B O F T H E Y O R B A L I N D A L M A D C O M M E N C I N G F I S C A L Y E A R 2 0 2 4 / 2 0 2 5 P a g e | 2
special benefit assessments, the LMAD funds the cost of installation, maintenance, and servicing of public street lighting and landscape maintenance in the City.

In 2016, Local Landscaping Zone L1B had a Proposition 218 (Prop 218) vote for a proposed increase in assessments to eliminate the subsidy to this Deficit Zone. This Prop 218 vote resulted in a Majority Protest; therefore, no increased assessment was imposed.

Subsequent to this initial Prop 218 vote, Council authorized a petition process whereby property owners in the Zone could request a revote. Property owners in L-1B gathered enough signatures and Council authorized a revote for the Zone.

At the February 7, 2017, City Council meeting, the Council adopted Resolution No. 2017- 5430 initiating proceedings to levy a proposed new or increased assessment for the Street Lighting and Landscaping Maintenance Assessment District, specifically for Local Landscaping Zone L-1B and ordering the Engineer to prepare and file a report for said Local Landscaping Zones in accordance with Article 4 of Chapter 1 of said Act.

At the June 20, 2017, City Council meeting, Local Landscaping Zone L-1B had a Prop 218 vote for a proposed increase in assessments to eliminate the subsidy to this Deficit Zone, but with reduced maintenance for portions of the landscape areas that were requested by the community. The Prop 218 vote passed; therefore, a reduced assessment increase was imposed based on the community-initiated plan. Per the plan, portions of the landscaping were fallowed in-lieu of vacating the easements.

On June 7, 2022, at the City Council public hearing adopting the Fiscal Year 2022/2023 Engineer’s Report for the LMAD, it was identified that Local LMAD Zone L1-B was once again trending to be underfunded. This means the current assessment (as seen on the property tax bill) did not provide enough funds to cover all future maintenance and utility costs associated with the Local Landscape Zone. Therefore, for Fiscal Year 2024/2025 the current assessments would need to be increased through a Prop 218 ballot proceeding to fund the improvements or reductions in maintenance areas and/or services will need to be implemented including the vacation of various areas.

Following two community meetings held on November 9, 2022, and June 21, 2023, as well as a community survey, property owners circulated a resident-led petition to determine if there was enough support for a successful Prop 218 Vote. At the close of the petition submittal deadline on October 2, 2023, the petitioners had collected 348 signatures representing approximately 55% of residents that were in favor of a potential assessment increase in Local Landscaping Zone L-1B, which meets or exceeds the 50% + 1 petition threshold of 316 signatures the City had established before commencing the Proposition 218 proceedings.

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Yorba Linda City CouncilOctober 17, 2023

Yorba Linda City Council
October 17, 2023