Personnel Policies and Procedures
18. An investigation of the potential for actual workplace violence or of any credible allegations of potential or actual workplace violence will be conducted.
19. During the investigation, subsequent proceedings, and thereafter, all information regarding the incident must be kept confidential to the extent required by law and as reasonably necessary.
20. Employees found to have committed workplace violence will be disciplined up to and including termination.
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CHAPTER 11 – SEPARATION FROM EMPLOYMENT
Personnel Policies and Procedures
SECTION 1 – RESIGNATION
Any employee wishing to leave City employment shall notify his/her supervisor of his/her intended resignation in writing at least two (2) weeks prior to the resignation date. Any employee who submits their resignation shall be expected to work up to and including the day indicated as their resignation date. The two (2) weeks’ notice shall not include the use of accumulated leave, unless such time off during the final two (2) weeks is approved by the supervisor. Therefore, an employee’s resignation date, unless otherwise approved by the City Manager shall be the same day as their last working day with the City. The employee’s written notice of resignation shall be forwarded by the supervisor to the City Manager. Failure to give notice as required by this rule may be cause for denying future employment by the City.
Prior to the employee’s last day of employment, he/she will be required to complete various forms (See Section 2, Exit Interview below), and a timesheet to ensure that the final pay check is issued accurately. The final paycheck will be mailed on the City’s next regularly scheduled payday. On the last day of employment, the employee will be expected to return all City property, including keys to City facilities or work areas, uniforms, equipment, electronic equipment, the City Employee Identification Card, and any other items issued to the employee.
SECTION 2 – EXIT INTERVIEW
All permanent full and part-time competitive service employees who terminate from City employment shall be encouraged to complete a Personnel Exit Questionnaire. All completed copies of the Personnel Exit Questionnaire shall be forwarded to the City Manager.
These forms are not an evaluation of the employee, but rather are intended to serve as a means to gather important feedback and statistical information in evaluating the reasons for employee departures. This information is used as a source of obtaining information for potential policy changes and improvements, and to respond to Unemployment Insurance Claims in a fair manner.
SECTION 3 – LAYOFF/REDUCTION IN FORCE/RECALL
3.1 General Policy
The City Manager shall maintain authority to approve the layoff of permanent full and part-time employees in the competitive service, and probationary workers at any time, based upon:
1. Lack of, or shortage of, work;
2. Material change in duties;
3. Change in organization;
4. Budgetary reasons, including shortage of funds.
3.2 Alternatives to Layoff
It may be appropriate from time to time for the City to reduce staffing. Depending on the circumstances that give rise to such a situation, the City may respond in several ways, including offering a voluntary reduction of hours or days of work, implementing a mandatory reduction of employees’ hours or days of work, or implementing layoffs. | 147
Personnel Policies and Procedures
Before a layoff is implemented, the City will evaluate alternatives by which it may attempt to avoid layoffs. The alternatives will include methods that are designed to achieve a reduction in personnel costs in a manner that will enable the City to avoid or limit layoffs while still meeting its needs. The City retains full authority to determine what measures are most appropriate under the circumstances.
3.3 Offer of Reassignment
At the sole discretion of the City Manager, an employee who is to be laid off may be appointed to an existing vacancy in a lower or equal classification for which the employee is qualified, without exception. The Department Head, in consultation with the City Manager, will effect the appointment in lieu of layoff.
At the sole discretion of the City Manager, a demotion or transfer to another department or classification may be made to prevent a layoff, provided that the employee is qualified by education and/or experience and is capable of performing the duties of the classification and such an offer is possible. The Department Head, in consultation with the City Manager, will effect the reassignment in lieu of layoff.
3.4 Advance Notice
At least thirty (30) calendar days written notice shall be given to any employee who is laid off. If less than thirty (30) calendar days’ notice is provided, the employee will be paid for the difference between the date of layoff and thirty (30) calendar days.
3.5 Reduction in Force/Bumping Rights/Appeal Rights
When it becomes necessary to reduce the workforce at the City, the City Manager shall designate the impacted department(s), divisions(s), work unit(s), and/or classification(s) in order to effect a reduction in the work force.
Temporary, part-time, seasonal, or probationary employees in the same job classification as ones proposed to be reduced with the City shall be laid off first.
Probationary promotional employees who are laid off shall, if applicable, be returned to their former classification. Employees who accept lower positions or transfers in lieu of layoff shall be placed at the salary range of the new position at the closest step to the employee’s current compensation.
A permanent full- or part-time competitive service employee laid off from a particular classification may “bump” into a classification within the same Department for which he or she meets the qualification requirements.
After an employee is informed of an impending layoff or “bump down”, he or she must inform the Department Head within five (5) working days of his or her intent to take the option of the layoff or the “bump down.”
The process will be repeated at the next classification level where an employee bumps in and creates a surplus in that classification. Please refer to Chapter 5, Section 5 of this manual concerning elimination of positions for the appeal rights of permanent employees in the event of a layoff from all employment with the City.
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Personnel Policies and Procedures
3.6 Order of Layoff
The order of layoff of permanent employees within the same job classification shall be made in accordance with each employee’s seniority as defined in Section 3.7 below.
3.7 Seniority Defined
For the purpose of layoff, seniority will be measured from an employee’s most recent date of hire as a permanent full- or part-time competitive service employee. However, any period of unpaid leave of absence in excess of thirty (30) calendar days shall be deducted from the employee’s total service time, except where the deduction of such leave is prohibited by state and/or Federal law.
A full-time employee shall be credited with one (1) year of seniority for each year of service provided there are no service reductions such as unpaid leave of absences. A permanent part-time employee shall be credited with years of seniority on a pro-rata basis, which shall be measured by accumulated hours worked.
3.8 Recall List
The name of every permanent full or part-time competitive service employee who is laid off, transferred, or demoted due to a reduction in force shall be placed on an appropriate recall list according to the date and the order separated and shall be eligible for re-employment. Such reemployment shall be based on the following sequence: the last employee laid off shall be the first employee on the list with other employees being eligible in sequential order thereafter. The City shall fill permanent vacancies from the Recall list, prior to using any other available employment eligibility list to fill permanent vacancies in the subject classification.
Individual names may be removed from the Recall List by the City Manager for any of the following reasons:
1. The expiration of two (2) years from the date of placement on the List.
2. Re-employment with the City in a full-time position in a Department other than that from which the employee was laid off.
3. Failure to respond within fourteen (14) calendar days of mailing of a certified letter regarding availability for employment.
4. Failure to report to work within fourteen (14) calendar days of mailing of a certified letter containing a notice of reinstatement to a position absent mitigating circumstances.
5. A request in writing from the employee to the City Manager requesting to be removed from the List.
The City Manager in his/her sole discretion may extend the active period of re-employment lists or an individual employee’s eligibility on such lists for six (6) month periods as he/she determines to be in the best interest of the City.
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Personnel Policies and Procedures
3.9 Status on Re-employment
A permanent employee who has been laid off or terminated in lieu of reassignment and is reemployed in a permanent position within two (2) years from the date of his/her layoff or termination shall be entitled to:
1. Restoration of seniority accrued prior to layoff.
2. Credit for all service prior to layoff for the purpose of determining the rate of accrual of vacation leave.
3. Placement in the salary range as if the employee had been on a leave of absence without pay if he/she is reinstated to the same job classification in the same Department from which he/she was laid off or terminated.
3.10 Benefits for Laid Off Employees
The following benefits shall be offered to employees subject to a layoff:
1. Employee Assistance Program (EAP) services for the employee and employee’s family.
2. COBRA medical, dental, and vision benefits to be paid by the employee.
3.11 Exit Process
Prior to the employee’s last day of employment as a result of lay-off, he/she will be required to complete various forms and a timesheet to ensure that the final pay check is issued accurately.
The final paycheck will be mailed on the City’s next regularly scheduled payday. On the last day of employment, the employee will be expected to return all City property, including keys to City facilities or work areas, uniforms, equipment, electronic equipment, the City Employee Identification Card, and any other items issued to the employee.
SECTION 4 – ABANDONMENT OF EMPLOYMENT
An employee's unauthorized absence without notice for more than five (5) consecutive working days will constitute an automatic resignation by the employee as of the last date on which the employee worked, and the employee may only be reinstated upon making an explanation which is satisfactory to the City Manager and upon the City Manager’s finding that the employee is ready, able, and willing to resume his or her position or that consent for a leave of absence has been given.
SECTION 5 – RETIREMENT OR END OF SERVICE RECOGNITION
The City has established an end of service recognition program in order to recognize employee contributions to the City of Yorba Linda upon retirement or other end of service. All employees who meet the conditions of retirement or ending service with the City as defined within this policy are eligible to receive the awards outlined within each category. | 150
Personnel Policies and Procedures
Recognition efforts shall be coordinated in a timely manner by the employee’s Department Head upon timely written notification from the employee of his/her pending retirement or separation from service, including the date of separation. The City Manager upon notification from the Department Head shall determine the award level based on the years of service and notify the employee and his/her Department Head of the determination.
5.1 Definition of Retirement or Ending Service Eligibility The City shall recognize any permanent full- or part time employee with at least five (5) years of continuous employment with the City, who permanently resigns or retires (including disability retirement) from the City. The number of years of service for purposes of end of service recognition shall be calculated based on the total number of years worked, not the total number of hours worked (i.e. a permanent part-time employee who worked in a three-quarter time capacity for 20 years shall be recognized as a 20-year employee).
5.2 City’s Maximum Contribution
Eligible employees, as defined above, shall be placed in the following categories of years of service in order to determine the City’s standard contribution for the retirement or end of service gift defined as follows. The City Manager may at his/her discretion award a higher level of recognition to a departing employee, or additional recognition such as a City street sign and/or a small gift.
Years of Service City’s Standard Contribution
5-9 Years Plaque
10-20 Years Plaque & Proclamation
20+ Years of Service Plaque, Proclamation, & TwoHundred-Fifty Dollars ($250.00) SECTION 6 – TERMINATION OF AT-WILL MANAGEMENT EMPLOYEES
6.1 General Policy
Persons occupying Management positions serve at the will and pleasure of the City Manager and may be discharged from City employment by the City Manager without proof of cause or other justification and without right of appeal or hearing. It is the policy of the City of Yorba Linda that severance pay shall be granted to terminated at-will employees in accordance with the applicable Management Resolution and/or any Employment Agreement between the City and the employee. | 151
APPENDIX A - FORMS
Personnel Policies and Procedures
A-1 Acknowledgement of Receipt of Personnel Policies and Procedures Manual (New) A-2 Acknowledgement of Receipt of Drug and Alcohol-Free Workplace Policy (New) A-2 Acknowledgement of Receipt of Harassment, Discrimination and Retaliation Prevention Policy (New)
A-3 Absence Request Form
A-4A-2 Authorization for Release of Medical Information (New) A-63 Bi-lingual Program Application
A-74 Bi-lingual Compensation Agreement
A-85 Drug Screen Analysis Form (New)
A-96 Employee Agreement
A-7 Employee Feedback Form (New)
A-8 Employee Fitness Program Contract
A-129 Employee Fitness Renewal Form
A-103 Employee Recognition Program Nomination Form
A-114 Exit Interviewer Summary
A-15 Management Pay-For-Performance Program Summary Worksheet A-16 Management Pay For Performance Program Performance Goals A-127 Management Behavior Evaluation
A-13 Overtime Request Form
A-14 Payroll Deduction Authorization Form
A-2015Performance Evaluation Form
A-16 Personnel Action Form
A-17A-16 Personnel/Exit Questionnaire
A-18A-17 Preventive Maintenance Checklist Form
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Personnel Policies and Procedures
A-19A-18 Request to Engage in Outside Employment Form
(New) A-2519 Supervisor’s Report of Industrial Injury
Form
A-206 Supervisor’s Vehicle Collision Report
A-217 Telecommuting Agreement (New)
A-228 Telecommuting Request Form
(New)Supplemental Policy
A-239 Time Sheet Form
A-2430Vehicle Preventive Maintenance Checklist
A-2531Workers’ Compensation DWC-1 Form
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FINANCE DEPARTMENT
DATE: DECEMBER 5, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIANNA HONEYWELL, FINANCE DIRECTOR / CITY TREASURER SUBJECT: MASTER PLAN OF DRAINAGE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR FISCAL YEAR 2022/23
RECOMMENDATION
It is recommended that the City Council receive and file the annual report of Master Plan of Drainage development impact fees for the fiscal year ended June 30, 2023, as required by the Mitigation Fee Act.
BACKGROUND
State law (Government Code Section 66006) requires each local agency that imposes development impact fees to follow certain accounting procedures for tracking fee revenue received and to prepare an annual report providing specific information about those fees.
These requirements are part of the law commonly referred to as AB 1600 or the Mitigation Fee Act (“The Act”). The annual report must be reviewed by the City Council at a regularly scheduled meeting not less than 15 days after the information is made available to the public. In addition, notice of the time and place of the meeting must be mailed at least 15 days prior to the meeting to any interested party who files a written request with the City for such a mailed notice. A copy of this staff report was made available at the Clerk’s office and on the City website on November 13, 2023, in compliance with the Act. Although the Master Plan of Drainage development impact fee is potentially not subject to the requirements of the Act, the City is following these requirements out of an abundance of caution.
DISCUSSION
City Council Resolution No. 2000-3339, adopted by the City Council on March 7, 2000, most recently updated the fee schedule for Master Plan of Drainage development impact fees, which are assessed on new development to fund construction of storm drainage infrastructure contemplated in the City’s storm drainage master plan. The fees are levied pursuant to Section 17.12.100 of the Yorba Linda Municipal Code and were originally set by City Council Resolution No. 75, adopted by the City Council on July 1, 1968.
State law requires that certain content be included in the annual report, which is provided below:
MASTER PLAN OF DRAINAGE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR FY 2022/23
P a g e | 2
A) A brief description of the type of fee – The purpose of the fee is to fund the construction of facilities contemplated in the City’s master plan for storm drain infrastructure to accommodate storm run-off in accordance with the current version of the County’s hydrology manuals, including the 1986 Orange County Hydrology and Design Manuals and 1996 Addendum No. 1.
B) The amount of the fee – The fee is $14,000 per acre.
C) The beginning and ending balance of the funds – See D below.
D) The amount of the fees collected and the interest earned – The table below summarizes the activity for the fiscal year ended June 30, 2023.
Item Amount
Balance as of July 1, 2022 $7,066,459.181
Fees/Interest Received 496,376.17
Total Available Resources $7,562,835.35
Expenditures (260,592.60)
Balance as of June 30, 2023 $7,302,242.75
1 The beginning fund balance has been adjusted by $16,790.00 for final audit adjustments made after the report was posted.
E) An identification of each improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees – Funds were expended during fiscal year 2022/23 for the following projects:
Project
Total
Project
Cost
Percentage
Funded 2
Zone L2-F Live Oak Drainage $254,782.60 100%
Storm Drain Master Plan 5,810.00 100%
Total $260,592,60
2 This is the amount of the project funded with impact fee revenue.
F) An identification of an approximate date by which the construction of the public improvement will commence if determined that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete – The City has not determined that sufficient funds have been collected to complete financing of incomplete public improvements other than any improvements that were completed during the current fiscal year.
MASTER PLAN OF DRAINAGE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR FY 2022/23
P a g e | 3
G) A description of each interfund transfer or loan made from the funds – None.
H) The amount of refunds made pursuant to Section 66001(e) – None.
FISCAL IMPACT
There is no direct fiscal impact associated with this report.
FINANCE DEPARTMENT
DATE: DECEMBER 5, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIANNA HONEYWELL, FINANCE DIRECTOR / CITY TREASURER SUBJECT: TRAFFIC DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR FISCAL YEAR 2022/23
RECOMMENDATION
It is recommended that that the City Council receive and file the annual report of traffic development impact fees for the fiscal year ended June 30, 2023, as required by the Mitigation Fee Act.
BACKGROUND
State law (Government Code Section 66006) requires each local agency that imposes development impact fees to follow certain accounting procedures for tracking fee revenue received and to prepare an annual report providing specific information about those fees.
These requirements are part of the law commonly referred to as AB 1600 or the Mitigation Fee Act (“The Act”). The annual report must be reviewed by the City Council at a regularly scheduled meeting not less than 15 days after the information is made available to the public. In addition, notice of the time and place of the meeting must be mailed at least 15 days prior to the meeting to any interested party who files a written request with the City for such a mailed notice. A copy of this staff report was made available at the Clerk’s office and on the City website on November 13, 2023, in compliance with the Act. Although the traffic development impact fee is potentially not subject to the requirements of the Act, the City is following these requirements out of an abundance of caution.
DISCUSSION
City Council Resolution No. 93-2830, adopted by the City Council on June 15, 1993, established the City’s traffic development impact fee, which is assessed on new development to fund construction of roadway facilities necessitated by new development.
State law requires that certain content be included in the annual report, which is provided below:
A) A brief description of the type of fee – The purpose of the fee is to ensure that new development is paying its share of the transportation infrastructure costs associated with the growth proposed.
TRAFFIC DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR FISCAL YEAR 2022/23
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B) The amount of the fee – The current fee is charged based on the land use and zoning of the development project as follows:
Residential $600 per unit
Industrial $0.15 per square foot
Office $0.48 per square foot
Commercial $1.98 per square foot
C) The beginning and ending balance of the funds – See D below D) The amount of the fees collected and the interest earned – The table below summarizes the activity for the fiscal year ended June 30, 2023 Item Amount
Balance as of July 1, 2022 $ 581,631.851
Fees/Interest Received 54,435.38
Total Available Resources $ 636,067.23
Expenditures (Reimbursements) (40,855.59)
Balance as of June 30, 2023 $ 595,211.64
1 The beginning fund balance has been adjusted by $11,852.00 due to an arithmetic error in last year’s report.
E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees – Funds were expended during fiscal year 2022/23 for the following projects:
Project Total Project
Cost
Percentage
Funded 2
Traffic Calming, Safety, Ops Improvement $ 39,303.67 32% Lakeview Ave. North Sidewalk Design 1,397.50 100%
Savi Ranch Parkway 154.42 14%
$40,855.59
2 This is the amount of the project funded with impact fee revenue.
F) An identification of an approximate date by which the construction of the public improvement will commence if determined that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete – The City has not determined that sufficient funds have been collected to complete financing of incomplete public improvements other than any improvements that were completed during the current fiscal year.
TRAFFIC DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR FISCAL YEAR 2022/23
P a g e | 3
G) A description of each interfund transfer or loan made from the funds – None H) The amount of refunds made pursuant to Section 66001(e) – None
FISCAL IMPACT
There is no direct fiscal impact associated with this report.
PARKS AND RECREATION DEPARTMENT
DATE: DECEMBER 5, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, DIRECTOR OF PARKS AND RECREATION
PREPARED BY: JEFF RUTH, PARKS AND RECREATION
SUPERINTENDENT
SUBJECT: NOTICE OF COMPLETION FOR ADVENTURE PLAYGROUND
RENOVATION PROJECT
RECOMMENDATION
It is recommended that the City Council:
1. Accept the Adventure Playground renovation project, and authorize the City Clerk to file a Notice of Completion with the County Recorder.
2. Authorize payment of the remaining retention balance of $300,045.20 to be released to Lehman Construction, Inc.
BACKGROUND
The contractor, Lehman Construction, Inc. has completed construction of the renovation of Adventure Playground. All work was completed in substantial conformance with the plans and specifications. Final inspection has been completed for all improvements and the project is substantially complete.
The scope of work for Adventure Playground was to complete the renovation of the 2.5-acre site which included the installation of a splashpad, waterslide, playground structure, equipment pump rooms, shade shelters, storage shelters, restrooms and office containers, an accessible path, and a wiffleball field.
DISCUSSION
Lehman Construction, Inc. was awarded the contract for the renovation of Adventure Playground by the City Council on July 20, 2021. Construction began on September 13, 2021, and has since been substantially completed to the satisfaction of the Parks and Recreation Department. The project was scheduled to be completed in 200 working days but was delayed due to several factors.
NOTICE OF COMPLETION FOR ADVENTURE PLAYGROUND RENOVATION PROJECT P a g e | 2
With Capital Improvement Projects of this nature, retention is withheld from progress payments to incentivize the contractor to complete the job according to the contract terms.
For this project, a retention of five percent (5%) was withheld totaling $332,255.70. There is one stop notice remaining for the project in the amount of $16,807 and City must withhold 150% ($25,210.50) from payment of the retention until the stop notice has been cleared.
Additionally, per agreement with Lehman Construction, the contractor is responsible for reimbursement of site utility costs which total $7,000 over the course of the project.
Therefore, staff is recommending payment of the remaining retention balance of $300,045.20 to be released to Lehman Construction, Inc.
FISCAL IMPACT
There is no fiscal impact related to paying the balance of the retention. The funding for the renovation of Adventure Playground was approved as part of the Capital Improvement Program budget and sufficient funds remain to pay the balance of the retention.
ALTERNATIVES
1. Do not file the Notice of Completion and provide direction to staff.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: DECEMBER 5, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID BRANTLEY, AICP, DIRECTOR OF COMMUNITY DEVELOPMENT PREPARED BY: JIM SOWERS, CBO
SUBJECT: DEMOLITION PERMIT REQUEST FOR 5151 HIGHLAND AVENUE
RECOMMENDATION
It is recommended that the City Council approve the demolition permit request for 5151 Highland Avenue.
BACKGROUND
The City received a request from the property owner Arturo Silva to demolish an existing single-family dwelling located at 5151 Highland Avenue. The existing structure is a one-story, wood framed, single family home constructed in 1947. The existing home is fixed on a concrete foundation, with a stucco exterior and wood accents, gable roof, comp shingles with exposed eaves. The existing home is located on a 0.26-acre lot within the RE (Residential Estate) zone. The approximate living area is 1,188 s.f. with a 400 s.f. detached garage. The applicant is proposing to demolish the existing home and garage and remove the foundation to construct a new 3,600 s.f. two-story home. The new home will have 3 bedrooms, 3.5 baths, and a 400 s.f. detached garage. The proposed home and garage will have stucco siding a clay tile roof and reflect a traditional Spanish style residential design. This property currently is serviced by Yorba Linda Water District, Southern California Edison, and Southern California Gas Co.
A review of this demolition permit request by the City Council is required per City Council Policy P-4. Per the 2010 Citywide Historic Property Survey, the property was assigned California Historical Resource Status Code 6Z, which signifies that it is ineligible for listing or designation as a historic resource.
ANALYSIS
The existing residence was constructed in 1947, and is a one-story 1,188 s.f., 1940’s style home with a 400 s.f. detached garage. Architecturally, the home reflects a typical 1940’s era design that is common to some areas within the City, and therefore is not considered a
DEMOLITION PERMIT REQUEST FOR 5151 HIGHLAND AVENUE
P a g e | 2
rare or unique example of this style. Moreover, the home is not known to be associated with any events or persons significant to Yorba Linda’s past that might render it potentially eligible for historic designation.
As part of the demolition approval process, the applicant will be required to obtain an asbestos survey prior to permit issuance. If the findings are positive, appropriate abatement measures will be required to ensure safe removal, and the South Coast Air Quality Management District will be notified prior to demolition activities.
Finally, the applicant shall be advised to employ Best Management Practices (BMP’s) to control fugitive dust and ensure water quality during the demolition and construction activities in accordance with the State of California requirements.
ALTERNATIVES
The alternative would be for the City Council to deny the demolition request.
ATTACHMENTS
1. Applicants Demolition Request Letter, Site Aerial Photograph, Front Elevation Photograph
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Request for Ðes'¡roåition permit to Fací[itate filew Str{¡cture Ðear City of Yorba Línda Buíldíng Department,
Following sur recent acquisition dated 8l24l21n of the property located at 5l,St Flighland Ave Yorba Linda 92886, we are seeking your âpproval & a permit to demolish the existing singlestory home built in L94V ta allow for ã new residential home. Below you will find legal description of property requested to be dennolished.
We kindly request your apprCIvalto proceed with the permít.
Respectfull¿ ¡
Arturo Silva {Cwner}
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Property Address: 5151 Highland Ave. Yorba Linda, CA 92886 County: Orange
Year Bullt; 1947
Parcel # 343-58?-05
Tract: Lot 5, Block 20
Materlal: Wood framing, , carpet, tile floor on ra tse0 TOUnOaUOn WrIn composition shingle roof, conffete driveway.
Gross Living Area Above Grade: 1,188 Square Feet
Number of storles: 1 (one)
Garage: Detached (400 Square Feet)
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Historical Significance: To be determined by the City of Yorba Linda's Historical Property Survey.
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PUBLIC WORKS DEPARTMENT
DATE: DECEMBER 5, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RICK YEE, P.E., ACTING PUBLIC WORKS DIRECTOR/CITY ENGINEER PREPARED BY: RICK YEE, P.E., ACTING PUBLIC WORKS DIRECTOR SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND
ASSOCIATES FOR ENGINEERING SERVICES IN PREPARING DESIGN
PLANS AND SPECIFICATIONS FOR THE ANNUAL PAVEMEMENT
PRESERVATION PROGRAM - PORTIONS OF ZONES 5, 6, AND 7 AND ADA RAMP IMPROVEMENTS (PROJECT SI241004)
RECOMMENDATION
It is recommended that the City Council:
1. Approve a Professional Service Agreement with Harris and Associates in the amount of $95,400 for engineering services in preparing design plans and specifications for the Annual Pavement Preservation Program (APPP) for Portions of Zones 5, 6, and 7 and ADA Ramp Improvements Project SI241004; and
2. Authorize the City Manager to approve additional expenditures of up to $14,310 (15% of the proposed amount) in additional contract contingencies for unforeseen additional services that may be necessary during design, for a total potential agreement amount not-to-exceed $109,710; and
3. Authorize the City Manager to sign and execute the contract services agreement and potential future amendments to the agreement within the designated contingency amount, on behalf of the City Council.
BACKGROUND
The City is divided into seven (7) maintenance zones and the areas that are scheduled to receive pavement maintenance treatment for Fiscal Year 2023/2024 (Portions of Zones 5, 6, and 7) are primarily located in the eastern portion of the City accessed off La Palma Avenue east of Yorba Linda Boulevard. This year’s project also consists of deferred roadway segments from Zones 5 and 6 including a portion of Esperanza Road and all of Stonehaven Drive and the neighborhoods that it serves.
A P P R O V E 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 H A R R I S
A N D A S S O C I A T E S F O R E N G I N E E R I N G S E R V I C E S I N P R E P A R I N G
D E S I G N P L A N S A N D S P E C I F I C A T I O N S F O R T H E A N N U A L
P A V E M E M E N T P R E S E R V A T I O N P R O G R A M - P O R T I O N S O F Z O N E S 5 , 6 , A N D 7 A N D A D A R A M P I M P R O V E M E N T S ( P R O J E C T S I 2 4 1 0 0 4 ) P a g e | 2
DISCUSSION
Staff relies on consultant services to provide for the engineering design of the APPP. The selection of the consultant is based upon factors such as experience, professional qualifications, and competence as outlined in the Yorba Linda Municipal Code. The Public Works Department maintains an on-call list of firms that is updated through a competitive review and selection process.
Proposals were requested from engineering consultants on the City’s on-call list. Three (3) proposals were received and evaluated by Public Works Staff based on the aforementioned criteria. Based on the scoring criteria, it was determined that Harris and Associates is the most qualified to meet the expectations specified in the Request for Proposals for this project. Harris and Associates has demonstrated experience in successfully designing overlay and slurry treatments for local agencies and their proposed design team has the knowledge to efficiently strategize and manage design efforts as they relate to curb ramp retrofits to meet the Americans with Disabilities Act (ADA) requirements. The Harris Design Team has completed many similar street rehabilitation projects in the last five years and was the designer of record on the City’s most recent APPP project. Staff has reviewed their proposal and is recommending the approval of the Professional Services Agreement with Harris and Associates in the amount of $95,400. Their proposal was deemed most responsive to the scope of services requested while also maintaining cost efficiency.
FISCAL IMPACT
Sufficient funding is programmed within the project budget to accommodate the recommended agreement award. Funding is budgeted within the Capital Improvement Program budget under project SI241004 in account 4010050-461620.
ALTERNATIVES
Do not award the contract; however, this is not recommended because there would be inadequate resources to prepare project plans, specifications, and estimates. Deferral of this effort would delay necessary maintenance treatments and result in accelerated roadway deterioration and increased long-term maintenance costs.
ATTACHMENTS
Attachment 1 – Vicinity Map
Attachment 2 – Harris & Associates (Professional Service Agreement)
Zone 6
Zone 5
Zone 7
WEIR CANYON
ESPERANZA
YORBA LINDA
FAIRMONT
GYPS
UM
CANYON
91 VILLAGE C
ENTER
LA PALMA
VIA LOMAS DEYOR BA
²
APPP Zones 5, 6, and 7
Attachment 1
Professional
Services
Agreement
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Project Name/No.: APPP Zone 5/6/7 and ADA Ramp Contract No.: ______________ Improvements Misc. (Project SI241001)
Dept./Contract Rep: PW / R. Yee Approved: _____________
PROFESSIONAL SERVICES AGREEMENT
APPP ZONE 5/6/7 AND ADA RAMP IMPROVEMENTS MISC. (PROJECT SI241001)
DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this 5th day of December, 2023 (“Effective Date”) by and between the CITY OF YORBA LINDA, a California municipal corporation, (“City”) and Harris & Associates, a Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on upon execution of this agreement and shall end on upon completion of project unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
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1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed Ninety-Five Thousand Four Hundred Dollars ($95,400.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
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e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Yorba Linda
Attn: Accounts Payable
4845 Casa Loma Ave
Yorba Linda, CA 92886
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.4 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.5 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.7 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination.
Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
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SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover interinsured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy.
In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers,
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officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
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b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
(iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. (iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: APPP Zone 5/6/7 and ADA Ramp Improvements Misc. (Project SI241001) Design Services. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Yorba Linda, 4845 Casa Loma Ave, Yorba Linda, CA 92886. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said
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policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to
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the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and
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Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and
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effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages.
b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof. (i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022- 1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any
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one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code. (vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement. (vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor.
c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.
d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever
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nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services.
In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement.
Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3.
In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
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8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in Exhibit A; and/or
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d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement.
It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Consultant understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
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9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Orange County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
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10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by «Consultant_Contact» (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, «Staff_Contact», «Staff_Title» (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
Harris & Associates
Attn: Marc Gallardo, Project Manager
101 Progress, #250
Irvine CA, 92618
Any written notice to City shall be sent to the Contract Administrator at:
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
Attn: Rick Yee, Deputy Director of Public Works / Assistant City Engineer
with a copy to:
City Clerk
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
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__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
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10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF YORBA LINDA
Mark Pulone, City Manager
Attest:
Marcia Brown, City Clerk
Dianna Honeywell, Finance Director
Approved as to Form:
Todd Litfin, City Attorney
CONSULTANT: Harris& Associates
«Consultant_Signature_1»
«Consultant_Signature_2»
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless
provided with a certificate of secretary inlieu]
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EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include APPP Zone 5/6/7 and ADA Ramp Improvements Misc. (Project SI241001) Design Services in the amount not to exceed Ninety-Five Thousand Four Hundred Dollars ($95,400.00) as further detailed in the following page(s).
101 Progress, #250, Irvine, CA 92618 WeAreHarris.com
November 7, 2023
Rick Yee, PE
Assistant City Engineer
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92885-8714
Subject: Proposal for Design Services For
FY 23-24 ANNUAL PAVEMENT PRESERVATION PROGRAM ZONES
5/6/7 AND ADA RAMP IMPROVEMENTS
Dear Rick,
Harris & Associates appreciates the opportunity to present this proposal to provide professional engineering design services for the preparation of Specifications, Estimates and Exhibits for the subject FY 23-24 Annual Pavement Preservation Program Zone 5/6/7 and ADA Ramp Improvements. The crux of this project is the anticipated budget of $3,250,000 is not adequate enough to address the entire streets in Zone 7 and the remaining streets in Zones 5 and 6. Harris is prepared to develop a strategic plan that will optimize both budget and total benefit, which will allow the City to regain balance and meet the PMP recommendations.
Harris Team
The Harris Design Team has completed many similar street rehabilitation projects in the last five years, including the City of Yorba Linda’s Slurry Seal and Overlay Programs 2019-2023, including the previous resurfacing project for Zone 5 and 6B. Harris is also developing and managing the City of Oceanside’s Annual Slurry and Overlay Program. Marc Gallardo, PE will be the Project Manage and Randall Berry, PE will serve as the QA/QC manager. Mr. Gallardo will oversee most every aspect of the design process, from field reviews to final PS&E. He will be responsible for the production oversight of the Specifications, Estimates and Exhibits through project delivery. He will utilize his many years of pavement rehabilitation design and construction experience to deliver a high-quality design. As a budgeting tool, the design team will utilize spreadsheets for the project data to efficiently display all the various quantities, summarize construction costs by street and calculate the construction totals.
The following sections will present the main project elements, scope of services, schedule and fees; all of which are based on our understanding of the project.
Mr. Rick Yee, PE Page 2 of 9
FY 23-24 APPP ZONES 5/6/7 November 7, 2023
AND ADA RAMP IMPROVEMENTS
Project Description/Approach
The project construction will generally consist of repairing base failures, crack sealing, a combination of either Asphalt Concrete overlays / inlays or slurry seals, adjustment of surface utilities to grade and replacement of existing striping and detector loops. The project will also consist of applying slurry seal and overlay on selected residential streets in the remaining streets of Zones 5 and 6 and portions of Zone 7.
An Efficient Systematic Approach To Optimize the City’s Budget to Improve the Roadway Network
Harris has been fortunate to work closely with the city on delivering the previous Zones (3 through 6). With the lessons learned from those projects and an understanding of the remaining Zones’ needs, Harris can effectively expedite the design process and provide the City with cost savings.
Harris has already performed field analysis on the remaining streets in both Zone 5 and 6B.
Figure 1 below shows that these streets were previously removed due to conflicting future projects. Harris can effectively filter and assess the original recommendations, expediting the review process. Harris will only need to confirm the previous inspection and update field markings.
Figure 1: Harris’ Analysis of Remaining Streets in Zone 5 & 6 Based on filtering the previous analysis performed, Harris can quickly determine the budgetary constraints using latest bid results and will ultimately develop a plan to optimize total benefit for Zone 7.
Mr. Rick Yee, PE Page 3 of 9
FY 23-24 APPP ZONES 5/6/7 November 7, 2023
AND ADA RAMP IMPROVEMENTS
Priority Matrix for Zone 7
With the understanding that there is only $3.5 Million of funds to be used for this project with the intent to complete Zones 5 and 6, Harris will work with the City to determine which streets in Zone 7 will be improved. Harris will work closely with the City to develop a strategic plan that will stretch the City’s dollars by using “utility maximizing” principles.
Utility maximization is a strategic scheme whereby individuals and companies seek to achieve the highest level of satisfaction from their economic decisions. This same concept can be applied in pavement preservation.
Factors and concepts to be explored include:
• Prioritizing arterials and local collector streets that benefit the entire Zone, not one neighborhood.
• PCI’s greater than 95 (City and Harris will develop the threshold) – “Do Nothing Approach” since these streets will only gain a fraction of total benefit (5 points for example)
• Emphasize Slurry Seal Recommendations (Preservation) which prolongs the pavement life cycle and is more cost effective in terms of PCI per Dollar (See Figure 2 Below)
o Secondary Benefit is that this will reduce the amount of curb ramps to be constructed which will further reduce the construction budget • Harris will also recommend overlaying streets that could potentially fall into major rehabilitation which will save the City during the next cycle and reduce residential concerns.
Figure 2: Pavement Preservation Via Slurry Seals
Mr. Rick Yee, PE Page 4 of 9
FY 23-24 APPP ZONES 5/6/7 November 7, 2023
AND ADA RAMP IMPROVEMENTS
Curb Ramp Approach
In general, slurry seal streets do not trigger the requirement to install new or upgraded curb ramps; however, AC overlay, inlay, and micromilled streets will require curb ramp improvements. Curb ramps will be designed using Caltrans 2018 Standard Plans, with applicable case identified.
From our experiences with the previous Zones and the lessons learned, the Harris team has developed a protocol to effectively comply with ADA requirements while reducing design efforts.
• Harris will identify locations of proposed curb ramps based on the recommendations.
o Harris will identify any potential relocations (long lead items), such as SCE pull boxes, from the BCR to ECR
• During Bidding and Construction Assistance Harris will allocate time for RFI’s which includes curb ramps assistance & designs not specified in the plans but may arise in construction (Hourly Rate- NTE 40 hours for PM). • Excessive slopped terrain, which will require ADA exceptions. Curb ramps under this category will not be able to meet ADA compliance (landings cannot meet 1.5%), but portions of these ramps can still be compliant. Harris will develop a justification memo for these ramps (Harris will develop the technical aspects of the memo for the City’s use).
Field Review Approach
Preliminary AC Overlay / Inlay Streets Identified:
Based on a preliminary analysis of the PCIs from the Yorba Linda PMP, some streets have already been identified as candidates to receive overlay treatments. The PMP will serve as a general guide, but Harris’ field review will determine the final recommendation. The goal is to be in an alignment with the PMP so that the City is confident that funding is appropriately allocated.
Identifying Roadway Repair Locations:
The following is the assumed procedure on this project for identifying repair areas:
• In the slurry seal areas, Harris will field mark (paint limit “brackets”) in the field and quantify the dig-outs.
• The City will specify the dig-out replacement section depth (typically 4” full depth AC for both residential streets and collector streets)
• From our experiences with the previous Zone 3 through Zone 6 and the lessons learned, Harris will review edge pavement conditions to identify any potential tripping hazards. Harris will mark out these locations to grind off the excessive slurry build-up via micromill.
Mr. Rick Yee, PE Page 5 of 9
FY 23-24 APPP ZONES 5/6/7 November 7, 2023
AND ADA RAMP IMPROVEMENTS
Other Project Elements
The following elements will be incorporated into the project:
• Reduce the amount of time that the contractor is allowed to leave the R&R areas without the final cap to reduce the number of complaints from residents. • The amount of time traffic signal loop detectors are allowed to be non-operational will be specified in the specifications.
• Special attention must be placed on following the City's truck routes, street sweeper days, trash collect days and related information as available on the City's website. • For curb & gutter and sidewalk replacements adjacent to curb ramps, a section cannot be smaller than four feet or must go to the nearest joint. • It is not anticipated that parkway, sidewalk, curb or gutter will be repaired as part of the project.
• Harris will use GIS data provided by the city to determine utility impacts due to the proposed overlay designs specifically quantifying YBLWD surface utility adjustments so they can be used during the bidding process. o Harris understands this is an important aspect for receiving credit and will emphasize the accuracy of these facilities.
Scope of Services
The following will present an outline of our proposed scope of services and is based on the City’s RFP. The design services are detailed in chronological order in three tasks. It is our intent that this outline provides enough detail so that our approach is clearly defined. We welcome the opportunity to discuss additions, deletions or revisions to this scope, as necessary.
TASK I – PRELIMINARY DESIGN STAGE
1. Attend design kick-off meeting with City staff.
• Meet with City staff and hold a "kickoff' meeting. Our design approach would be discussed. We would obtain any additional direction required from the City staff on items noted in the previous discussion. The initial slurry seal and resurfacing candidate street list will be reviewed and adjusted, as necessary, at the meeting and through an iterative refinement process during design, and the project schedule would be reviewed.
2. Review all documents provided by the City necessary to complete the design. • Access to utility information, surveys, traffic data, drawings and other data on file with the City. Consultant shall be responsible to review available information and reproduce at no cost to the City.
Mr. Rick Yee, PE Page 6 of 9
FY 23-24 APPP ZONES 5/6/7 November 7, 2023
AND ADA RAMP IMPROVEMENTS
• Copy of City’s Pavement Management Program Update
• Digital copy of the City’s boilerplate Specifications (MS Word). • Copy of existing improvement plans.
3. Send a preliminary notice to each utility company affected by the proposed improvements.
Request plans for any existing improvements, prior rights information and, if required, an estimate and schedule from each utility for any required relocation.
4. Perform a visual inspection of all the streets within the City selected area and determine the best treatment and estimated cost of each street as preliminary evaluation. Work with the City to select the streets up to the project budget amount for further design evaluation. • Harris to meet with City Staff in the field to confirm “dig-out”, “Inlay”, “grinding excessive slurry buildup” determinations / procedures.
• Perform field measurements to confirm the resurfacing and slurry seal quantities and record them in a quantity spreadsheet for inclusion in the project specifications. • Identify the need for various crack treatments (routing, cleaning, and sealing). It is assumed that crack seal requirements will not be quantified and will be covered by a lump sum bid item.
• Perform field verification of existing quantities, including curb ramps, striping and painted legends to be restored
5. Research and record all existing improvements including, but not limited to, water and gas valves, manholes, striping, traffic loops, and other features.
6. Provide street list recommendation to City for review and approval. Review street treatment recommendations.
7. Prepare base maps at a scale of 1” = 40’ using data from Items 2, 3 and 4. Show utilities on base maps. Provide street list recommendation to City for review and approval An overview Map with Recommendations will be developed. Base maps of 1” = 40’ Scale will be used for Striping Plans. Portions of Yorba Linda Blvd have been developed. The effort will include up to 7 striping sheets for La Palma Ave.
8. Prepare and submit preliminary construction cost estimates and 3 sets of construction plans (65% completion level). Submit draft of project specifications.
9. Prepare and submit preliminary construction cost estimates and 3 sets of construction plans (90% completion level) incorporating City, utility and other comments from the previous submittal. Submit complete set of project specifications.
Mr. Rick Yee, PE Page 7 of 9
FY 23-24 APPP ZONES 5/6/7 November 7, 2023
AND ADA RAMP IMPROVEMENTS
10. If applicable, send final notice to each affected utility company to complete relocations prior to the anticipated construction start date.
11. Prepare construction plans to include minimum of the following:
• Title Sheet including Street General Notes
• Street Improvement Plans
• Construction Details/Specifications
• Striping and Signing Plans – Up to 7 Sheets for La Palma Ave
• Construction Cost Estimate
Prepare complete project specifications, matching the City's last year’s format, using City provided "Boiler Plate" (General Provisions and Contract Documents), the Green Book for street improvements and Caltrans Standard specifications for markers, legends and striping. Traffic control requirements will be per WATCH Handbook or MUTCD Federal & State requirements. The Special Provisions will be in a format consistent with last year’s project, with any requested updates based on feedback from lessons learned last year.
Specifications and Special Provisions will be written in book form outlining contract requirements, bid schedules, description of materials, construction methods and payment requirements; codes and specifications that must be complied with; special conditions that exist or may be encountered which would affect work; and any other items which may require special attention in order to complete the required improvements.
• Update Striping and Signing Plans from previous projects. (Prepare up to Seven (7) striping plan sheets for arterials roads – City to Provide Autocad Drawings) • Construction Cost Estimate
Prepare refined itemized construction quantities and cost estimate in an Excel spreadsheet format consistent with the quantity spreadsheets in the bid documents.
Prepare several iterations of the cost estimate based on City staff input, City priorities and budget constraints.
TASK II – FINAL DESIGN STAGE
1. Prepare final construction specifications, cost estimate and plans (100% completion level) incorporating comments from the City, affected agencies, and utility companies.
2. Upon City approval of plans and specifications, provide final construction drawings in digital format, sealed and signed by a supervising California Licensed Civil Engineer. Submit project specifications in digital format. Submit copies of pertinent correspondence, including responses from utilities and affected agencies.
3. Answer contractor’s questions during construction regarding the design.
Mr. Rick Yee, PE Page 8 of 9
FY 23-24 APPP ZONES 5/6/7 November 7, 2023
AND ADA RAMP IMPROVEMENTS
TASK III – BID STAGE SERVICES & CONSTRUCTION SUPPORT
1. Respond in writing to all written requests for clarification received from prospective bidders during bid period.
2. Prepare and issue addenda to the bid package as necessary.
3. Answer RFI’s, review submittals, and prepare change orders. • Includes curb ramps assistance & designs not specified in the plans, but may arise in construction (Hourly Rate- NTE 40 hrs for PM).
City Responsibilities
The City would assume the following responsibilities:
A. Provide any AC overlay, AC inlay and AC “dig-out” thicknesses.
B. All funding and environmental document preparation and processing C. Pay all outside agency permit fees, if any.
D. Prepare any water quality BMP documents should they be required.
E. Advertise the project for construction bids.
F. Copy and provide bid sets of the construction documents to bidders.
G. Award and administer construction contract, unless otherwise negotiated with Harris.
Schedule
The project can be started quickly because we will not have to wait for survey data to begin.
We anticipate the initial fieldwork and efforts to develop preliminary exhibits, lists and cost estimates ready for a feedback meeting with the City will require eight (6) weeks from receipt of our written Notice to Proceed. A refined 90% submittal of the specifications, exhibits and estimate, which reflects the City’s feedback meeting comments, would be submitted within three (3) weeks of said feedback meeting. One (1) additional 100% review submittal would be required thereafter and would be submitted within three (3) weeks of receiving the City’s final plan check comments. The camera-ready bid package would be delivered immediately upon the City’s approval of the 100% review set. If the anticipated NTP is December 7, 2024, the goal for final PS&E for the first zone is achievable. We would be happy to discuss this schedule further and it will be confirmed at the initial project "kick-off” meeting.
Anticipated Final PS&E for Zone 7 is March 8, 2024.
Mr. Rick Yee, PE Page 9 of 9
FY 23-24 APPP ZONES 5/6/7 November 7, 2023
AND ADA RAMP IMPROVEMENTS
Fees
Harris & Associates proposes to provide the previously detailed services for the total hourly "not-to-exceed" fee presented below. A summary of the proposed fees is presented below for your information and use in evaluating this proposal. A separate detailed table of man-hours for the various team members assigned to the major tasks is also attached. These fees should be considered as a negotiable offer, and we would be happy to discuss them in association to our proposed scope of work and make revisions where mutually agreeable.
TASKS I thru III - Services
TASK TOTAL
TASK I – PRELIMINARY DESIGN STAGE $74,720
TASK II – FINAL DESIGN STAGE $8,120
TASK III – BID STAGE SERVICES $12,560
Grand Total = $95,400
Fees would be invoiced monthly based on the actual hours of work completed. Reproduction costs are included in the fees above. Outside Agency fees are not included in the proposed fee.
Harris & Associates looks forward to the continued opportunity to be of service to the City of Yorba Linda. Please feel free to call me with any questions or if you require anything additional at (949) 536-2522.
Sincerely,
Harris & Associates
Marc Gallardo, PE Marie Santos, PE
Project Manager Principle-in-Charge
(949) 536-2522 [email protected] (619) 481-5010 [email protected]
CITY OF YORBA LINDA
FY 23-24 ANNUAL PAVEMENT PRESERVATION PROGRAM ZONES 5/6/7 AND ADA RAMP IMPROVEMENTS November 7, 2023
Table of Tasks/Personnel/Time per Task
TASKS QA/QC
MANAGER
PROJECT
MANAGER PROJ ENGR TOTAL COST
$ PER HOUR $300 $220 $160
TASK I – PRELIMINARY DESIGN STAGE
Kick-off Meeting & Document Review (2 total) 8 1,760.00 $ Utility Notification/Coordination (Ongoing Through 100% PS&E) 4 24 4,720.00 $ Field Review - Includes recording topographic features (Validating Zones 5 & 6B, Field Work for Zone 7)
40 40 15,200.00 $
Utility Base Mapping (Plotting Utilities on Striping Plans) 4 16 3,440.00 $ Analysis of Remaining Budget to Allocate to Zone 7 (Priority Matrix) 24 8 6,560.00 $ 65% PS&E
A. Construction Exhibits, Typical Sections & Charts 8 24 5,600.00 $ B. Update and Prepare Striping Plans (up to 7 sheets for La Palma Ave) 4 40 7,280.00 $
B. Specifications 16 8 4,800.00 $
C. Estimate 8 32 6,880.00 $
D. QA/QC Review 16 8 6,560.00 $
95% PS&E Based on City Feed Back Meeting 8 20 32 11,920.00 $ Subtotal 24 144 224 $ 74,720.00
TASK II – FINAL DESIGN STAGE (100% PS&E)
A. Construction Exhibits, Typical Sections & Charts 2 8 1,720.00 $ B. Specifications 4 8 2,160.00 $
C. Estimate 4 8 2,160.00 $
D. QA/QC Review 4 4 2,080.00 $
Subtotal 4 14 24 $ 8,120.00
TASK III – BID STAGE SERVICES & CONSTRUCTION SUPPORT 4 40 16 12,560.00 $ Subtotal 4 40 16 $ 12,560.00
GRAND TOTAL HOURS= 32 198 264
GRAND TOTAL COSTS = $9,600 $43,560 $42,240 $95,400.00
CITY CLERK'S OFFICE
DATE: DECEMBER 5, 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
C O U N C I L C O M M I T T E E A N D A G E N C Y R E P O R T S No Committee or Agency reports were submitted by deadline.
PUBLIC WORKS DEPARTMENT
DATE: DECEMBER 5, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RICK YEE, P.E., ACTING DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
PREPARED BY: JESSE GUTIERREZ, ASSESSMENT DISTRICT
MANAGER
SUBJECT: LIGHTING AND LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT PUBLIC HEARING TO TABULATE PROP 218 BALLOTS AND, CONSIDERATION OF RESOLUTION 2023-5870, CONFIRMING THE
DIAGRAM AND ASSESSMENTS FOR FY 2024/2025 LOCAL
LANDSCAPING ZONE L-1B, THE OVERRULING OF ALL PROTESTS
CONCERNING THE ASSESSMENTS FOR ZONE L-1B
RECOMMENDATION
It is recommended that the City Council:
1. Conduct the Public Hearing upon the proposed assessments, and consider all objections and protests, whether written or oral, if any; and
2. Close the Public Hearing, and direct staff to tabulate the Proposition 218 Ballots for Local Landscaping Zone L-1B and continue the agenda item until later in the meeting to allow for tabulation and reporting of results; and
3. Recommence the agenda item at a subsequent time during the meeting and depending upon the circumstances, take the following actions:
a. If a tabulation of ballots exceeds the time of the City Council meeting, continue the tabulation of ballots to a date and time certain, and continue the agenda item to a future City Council meeting;
b. If the ballots can be tabulated during the meeting timeframe and if a Majority Protest does exist for the proposed new or increased assessments for Local Landscaping Zone L-1B, make findings that there is a Majority Protest for the identified zone, abandon the proceedings for that proposed new or increased assessment, and direct staff to bring back a plan for eliminating subsidies to the
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 P U B L I C H E A R I N G T O T A B U L A T E P R O P 2 1 8 B A L L O T S A N D , C O N S I D E R A T I O N O F R E S O L U T I O N 2 0 2 3 - 5 8 7 0 , C O N F I R M I N G T H E D I A G R A M A N D A S S E S S M E N T S F O R F Y 2 0 2 4 / 2 0 2 5 L O C A L L A N D S C A P I N G Z O N E L - 1 B , T H E O V E R R U L I N G O F A L L P R O T E S T S C O N C E R N I N G T H E A S S E S S M E N T S F O R Z O N E L - 1B P a g e | 2
Zone, consistent with the LMAD Maintenance Location Guidelines for Deficit Zones; or
c. If the ballots can be tabulated during the meeting timeframe and if a Majority Protest does not exist, for Local Landscaping Zone L-1B, adopt resolution No. 2023-5870, pursuant to the provisions of the Landscaping and Lighting act of 1972, confirming the diagram and assessments for Fiscal Year 2024/2025 for Local Landscaping Zone L-1B, overruling all protests concerning the assessments, and levy of the assessments confirmed herein.
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 special benefit assessments, the LMAD funds the cost of installation, maintenance, and servicing of public street lighting and landscape maintenance in the City. Within the boundaries of the District, parcels are assigned to various Zones each of which is associated with a set of improvements and/or type of improvements that provide special benefit to properties within that Zone.
One such zone is Local Landscaping Zone L-1B, which is located in the eastern corridor of the City of Yorba Linda. Properties within this Zone share and receive special benefits from the maintenance, servicing, and operation of approximately 1,182,740 square feet of designated landscape improvement areas. Over the course of several years, the zone has experienced budgetary and assessment constraints that necessitated corrective action to allow for maintenance and operation of the zone to be performed within the allowable assessment amount and without General Fund subsidy.
Several community meetings, outreach activities and petitions have taken place in the zone since 2016 in an attempt to remedy assessment issues. Most recently, petitioning property owners in the zone 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 exceeded the 50% + 1 threshold and thus allowed for the commencement of further Proposition 218 proceedings.
On October 17, 2023, the City Council adopted Resolution 2023-5863 initiating proceedings to increase assessments for Local Landscaping Zone L-1B. Also adopted was Resolution No. 2023-5864 approving the Engineer’s Report (Attachment C) for proposed new or increased assessments for Local Landscaping Zone L-1B for Fiscal Year 2024/2025 (an abridged section can be seen below):
Zone Current Annual Assessment Proposed Annual Assessment
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 P U B L I C H E A R I N G T O T A B U L A T E P R O P 2 1 8 B A L L O T S A N D , C O N S I D E R A T I O N O F R E S O L U T I O N 2 0 2 3 - 5 8 7 0 , C O N F I R M I N G T H E D I A G R A M A N D A S S E S S M E N T S F O R F Y 2 0 2 4 / 2 0 2 5 L O C A L L A N D S C A P I N G Z O N E L - 1 B , T H E O V E R R U L I N G O F A L L P R O T E S T S C O N C E R N I N G T H E A S S E S S M E N T S F O R Z O N E L - 1B P a g e | 3
L-1B $870.32 $1,996.00*
*Includes the Consumer Price Index (CPI) based annual inflationary adjustment plus a permanent additional 3% per year.
Lastly, Council also adopted Resolution No. 2023-5865 declaring the City’s intention to ballot property owners within Local Landscaping Zone L-1B for proposed new or increased assessments. This Council action authorized staff to proceed with balloting procedures and set a Public Hearing date of December 5, 2023. Notices and ballots were sent out on or before October 20th, 2023.
ANALYSIS
This Public Hearing is being held not less than 45 days after the mailing of the requisite notices and ballots, as required by Proposition 218. As of the date of drafting this report, a total of 314 ballots have been received of the 636 ballots originally mailed to the property owners of record within Local Landscaping Zone L-1B. Property owners have until the close of the Public Hearing to submit a signed and marked assessment ballot. Ballots that were received by the City Clerk by U.S. Mail, or otherwise delivered to the City Clerk before the Public Hearing, or received during the Public Hearing itself, shall be counted, if properly completed and executed.
During the Public Hearing, the City Council shall consider all objections or protests, if any, to the proposed assessments, whether oral or written. Upon close of the Public Hearing, Proposition 218 ballots received will be opened and tabulated, consistent with all applicable procedures required by Proposition 218 and its implementing statutes, weighted by the proposed assessment amount on each property, and the results announced. If the time to tabulate the ballots exceeds the time for the City Council meeting, the City Council may continue the tabulation to a different time and date certain at a publicly accessible location, so long as such time and location are announced during the meeting; this agenda item may also be continued to a subsequent meeting, so that results may thereafter be announced and any further action taken.
All returned ballots will remain unopened and in the charge of the City Clerk until the close of the public hearing and the City Council directs the City Clerk and/or their designee to tabulate the ballots. For purposes of tabulation, all the returned ballots submitted, and not withdrawn, will be tabulated, and weighted according to the financial obligation of each particular parcel. Article XIIID of the California Constitution provides that if, as a result of the assessment ballot proceeding, a Majority Protest is found to exist, the City Council shall not increase the assessments as proposed. A Majority Protest exists if the ballots submitted, and not withdrawn, in opposition to the proposed assessment exceed the assessment ballots submitted, and not withdrawn, in favor, weighting those assessment ballots by the
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 P U B L I C H E A R I N G T O T A B U L A T E P R O P 2 1 8 B A L L O T S A N D , C O N S I D E R A T I O N O F R E S O L U T I O N 2 0 2 3 - 5 8 7 0 , C O N F I R M I N G T H E D I A G R A M A N D A S S E S S M E N T S F O R F Y 2 0 2 4 / 2 0 2 5 L O C A L L A N D S C A P I N G Z O N E L - 1 B , T H E O V E R R U L I N G O F A L L P R O T E S T S C O N C E R N I N G T H E A S S E S S M E N T S F O R Z O N E L - 1B P a g e | 4
amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted.
If there is no Majority Protest, the City Council may approve the proposed new/increased assessments including the assessment range formula identified in the Engineer’s Report (Attachment C) and ballots by adopting the appropriate resolution attached to this Staff Report. Any voter approved increased assessment will be submitted to the Orange County Auditor/Controller to be included on the property tax roll for each parcel for Fiscal Year 2024/2025. If a Majority Protest does exist, the assessments remain at their current maximum amount, plus the allowable CPI, for Fiscal Year 2024/2025.
As previously directed by the City Council, the LMAD Maintenance Location Guidelines for Deficit Zones will be applied to Zones that do not vote to increase their assessments. A copy of the Guidelines is attached for reference. If a Majority Protest does exist, if needed, staff will bring back a plan for eliminating subsidies to Local Landscaping Zone L-1B, pursuant to the Guidelines, at a subsequent meeting for the Council to consider.
Resolution:
If a Majority Protest does not exist, the City Council can consider adopting the applicable Local Landscaping Zone Resolution. By adopting the applicable Resolution, the City Council is:
Confirming the diagram and new assessments for Local Landscaping Zone L-1B for Fiscal Year 2024/2025, as set forth in the approved Engineer's Report. Overruling all objections and protests presented concerning the annual assessments for the District for Fiscal Year 2024/2025.
Approving and establishing the maximum authorized assessment commencing in Fiscal Year 2024/2025 for Local Landscaping Zone L-1B. A copy of the assessments for each Zone L-1B parcel as approved is on file in the Office of the City Clerk. Finding that the assessment is in compliance with the provision of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution, and that the City Council has complied with all laws pertaining to the levy of an annual assessment.
Ordering the proposed District improvements to be made within Local Landscaping Zone L-1B in accordance with the Engineer's Report and these proceedings. Authorizing and directing the City Clerk to file as may be required, a certified copy of the applicable Resolution(s), the diagram(s), and assessments confirmed by the Resolution(s) or a certified copy thereof, with the County Auditor/Assessor Tax Collector of the County of Orange.
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 P U B L I C H E A R I N G T O T A B U L A T E P R O P 2 1 8 B A L L O T S A N D , C O N S I D E R A T I O N O F R E S O L U T I O N 2 0 2 3 - 5 8 7 0 , C O N F I R M I N G T H E D I A G R A M A N D A S S E S S M E N T S F O R F Y 2 0 2 4 / 2 0 2 5 L O C A L L A N D S C A P I N G Z O N E L - 1 B , T H E O V E R R U L I N G O F A L L P R O T E S T S C O N C E R N I N G T H E A S S E S S M E N T S F O R Z O N E L - 1B P a g e | 5
Staff recommends the City Council adopt the applicable Resolution if a Majority Protest does not exist.
FISCAL IMPACT
If this ballot proceeding results in the approval of the increased assessment, the costs associated with the ballot proceeding can be recovered from funds programmed in the Zone’s LMAD budget. However, if the vote results in a majority protest and no increase to the assessments is approved, the costs may be paid out of the General Fund and would require future appropriation. Costs associated with a failed vote would include, but are not limited to, contractual services costs for preparation of vacation documents, irrigation and infrastructure removal and associated legal and professional services fees.
ALTERNATIVES
The City Council may direct staff not to proceed with the balloting and further apply the LMAD Maintenance Locations Guidelines for Deficit Zones.
ATTACHMENTS
Attachment A - Resolution No. 2023-5870
Attachment B - LMAD Location Guidelines for Deficit Zones Attachment C - Engineer’s Report for L-1B
RESOLUTION NO. 2023-5870
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA, PURSUANT TO THE PROVISIONS OF THE
LANDSCAPING AND LIGHTING ACT OF 1972,
CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR
FISCAL YEAR 2024/2025 FOR THE YORBA LINDA
LIGHTING AND LANDSCAPING MAINTENANCE
DISTRICT LOCAL LANDSCAPING ZONE L-1B,
OVERRULING ALL PROTESTS CONCERNING THE
ASSESSMENTS, AND LEVYING THE ASSESSMENTS
CONFIRMED HEREIN
WHEREAS, Resolution No. 2023-5863, of the City Council of the City of Yorba Linda initiated proceedings to levy proposed new or increased assessments for the City of Yorba Linda Street Lighting and Landscaping Maintenance District (the “District”) for Local Landscaping Zone L-1B; and
WHEREAS, Resolution No. 2023-5863, also ordered the City Engineer to prepare the report required by Streets and Highways Code Section 22622 for Local Landscaping Zone L1B; and
WHEREAS, after fully considering the City Engineer’s Report, the City Council adopted Resolution No. 2023-5864 approving the City Engineer’s Report; and WHEREAS, by Resolution No. 2023-5865, the City Council declared its intention to levy and collect assessments with the District for Fiscal Year 2024/2025, and provide notice pursuant to applicable law of a Public Hearing of the City Council on the matter; WHEREAS, in Resolution No. 2023-5865, the City Council set the Public Hearing for December 5, 2023 at 7:00 p.m., and authorized the proceedings for a Proposition 218 ballot; and
WHEREAS, Proposition 218 ballots and Notices were mailed to the property owners in Local Landscaping Zone L-1B pursuant to the applicable laws and regulations governing Majority Protest proceedings, including but not limited to Article XIIID of the California Constitution and Government Code Section 53750 et seq; and WHEREAS, the City Clerk caused Notice of the Public Hearing to be given in the manner provided by applicable law;
WHEREAS, on December 5, 2023, the City Council held duly noticed Public Hearing to consider all oral statements and all written protests and communications made or filed by any interested persons, received Proposition 218 ballots, and thereafter
tabulated said ballots concerning the proposed new or increased assessments for Local Landscaping Zone L1B; and
WHEREAS, the December 5, 2023 Public Hearing was held not less than 45 days after the mailing of the Proposition 218 ballots and notices; and WHEREAS, the returned ballots for Local Landscaping Zone L-1B were opened and tabulated and a Majority Protest, as outlined in Article XIIID of the California Constitution does not exist; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:
Section 1. The foregoing recitals are incorporated herein by this reference.
Section 2. Pursuant to Streets and Highways Code Section 22631, the City Council hereby confirms the diagram and assessments for the Local Landscaping Zone L-1B within the Yorba Linda Lighting and Landscaping Maintenance District for Fiscal Year 2024/2025 as revised to include changes approved by City Council.
Section 3. Proposition 218 ballots for Local Landscaping Zone L-1B were tabulated and a Majority Protest does not exist. The City Council hereby overrules all protests presented concerning the annual assessments for the District for Fiscal Year 2024/2025.
Section 4. Passage of this Resolution shall constitute the adoption of the maximum assessment for Fiscal Year 2024/2025 for Local Landscaping Zone L-1B and authorize the levy of such assessments for Fiscal Year 2024/2025 unless such assessments are modified at the Fiscal Year 2024/2025 public hearing for all District assessments. A copy of the Fiscal Year 2024/2025 maximum assessment amounts for each parcel as approved is on file in the Office of the City Clerk and is incorporated herein and made a part hereof as though fully set forth.
Section 5. The City Council finds that the assessments for Local Landscaping Zone L1B is in compliance with the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution, and that the City Council has complied with all laws pertaining to the levy of an annual assessment.
Section 6. The City Council orders the proposed District improvements to be made in Local Landscaping Zone L-1B in accordance with said Engineer’s Report and these proceedings.
Section 7 The City Engineer is hereby authorized to update the Engineer’s Report and assessments to the most current available parcel listings as provided by the County Auditor’s office for Local Landscaping Zone L-1B.
Section 8. Pursuant to applicable law, the City Clerk is hereby authorized and directed to file a certified copy of this Resolution, and the diagrams and assessments confirmed
by this Resolution of a certified copy thereof, with the County Auditor/Assessor/Tax Collector of the County of Orange as may be required.
Section 9. If any section, subsection, sentence, clause, phrase or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provision of this Resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional. Additionally, if any section, subsection, sentence, clause, phrase, portion, zone or subzone of the Engineer’s Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Engineer’s Report of each section, subsection, subdivision, sentence, clause, phrase, portion, zone or subzone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, zones, or subzones might subsequently be declared invalid or unconstitutional.
Section 10 This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 5th day of December 2023. ___________________________________
MAYOR
CITY OF YORBA LINDA
ATTEST:
____________________________
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
APPROVED AS TO FORM:
RUTAN & TUCKER LLP
____________________________
CITY ATTORNEY
STATE OF CALIFORNIA) ss.
COUNTY OF ORANGE)
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 5th day of December 2023, and was carried by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
___________________________________
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
Landscape Maintenance Assessment District (LMAD)
Maintenance Location Guidelines for Deficit Zones
The guidelines are intended to be general in nature. This is to account for numerous variables for each individual area, easement, parcel, and lot maintained by the LMAD.
With these guidelines, LMAD areas can be reviewed and identified to be removed from or remain in the LMAD. Subsequent to applying these general guidelines, locations that remain in the LMAD can be reviewed further to indentify the appropriate maintenance level of service.
In general, areas that meet one of the following guidelines may remain in the LMAD.
Please note that the maintenance level of service is not part of these guidelines. • Areas within the public street rights-of-way
• City owned property
• Areas immediately adjacent to public street rights-of-way o The distance away from the street to be maintained shall be determined by relevant attributes of the topography and surrounding conditions (e.g. upslopes, down-slopes, trails, sidewalks, blocks walls/fences, etc.). • Areas that may become bisected by City trails (city-wide system) • Areas that serve other Public Works functions
In general, areas that meet one of the following guidelines may be removed from the LMAD.
• Areas that are encompassed by private property
• Areas that are immediately adjacent to existing natural areas • Areas not immediately adjacent to public street rights-of-way • Areas along public streets with no outlets (non-through streets)
City of Yorba Linda
Street Lighting and Landscaping
Maintenance District
Engineer’s Report
Establishment of
New/Increased Assessments
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Intent Meeting: October 17, 2023
Public Hearing: December 05, 2023
OCTOBER 2023
PREPARED BY
WILLDAN FINANCIAL SERVICES
27368 Via Industria
Suite 110
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com/financial
ENGINEER'S REPORT AFFIDAVIT
City of Yorba Linda
Street Lighting and Landscaping Maintenance District
Establishment of New/Increased Assessments
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
City of Yorba Linda,
County of Orange, State of California
This Report and the enclosed budget, diagrams and descriptions outline the new or increased (“new/increased”) assessments proposed to be levied for Local Landscaping Zone L-1B within the Street Lighting and Landscaping Maintenance District in the City of Yorba Linda commencing in fiscal year 2024/2025. The new/increased assessments are deemed necessary to adequately maintain the improvements in the Zone. The boundaries of Local Landscaping Zone L-1B include each lot, parcel, and subdivision of land that will receive a special benefit from the proposed improvements to be provided, as the same existed at the time of the passage of the Resolution of Intention and described herein. Reference is hereby made to the Orange County Assessor’s maps for a detailed description of the lines and dimensions of parcels within Local Landscaping Zone L-1B. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this ____________ day of ______________, 2023.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Yorba Linda
By: ________________________________
Jim McGuire
Principal Consultant, Project Manager
By: ________________________________
Tyrone Peter
PE # C 81888
Table of Contents
Introduction...............................................................................................1 Ballot Proceedings .................................................................................................... 2 Report Content .......................................................................................................... 3 Part I — Plans and Specifications ...........................................................5 District Overview ....................................................................................................... 5 Zones of Benefit ................................................................................................................. 5 Description of Improvements .............................................................................................. 6 Local Landscaping Zone L-1B.................................................................................. 6 Part II — Method of Apportionment.........................................................8 Legislative Authority and Provisions....................................................................... 8 1972 Act............................................................................................................................. 8 California Constitution ........................................................................................................ 8 Benefit Analysis......................................................................................................... 9 Special Benefits.................................................................................................................. 9 General Benefit .................................................................................................................. 9 Assessment Methodology ...................................................................................... 11 Land Use Classifications ...................................................................................................12 Zone L-1B Equivalent Benefit Unit Summary.....................................................................15 Calculation of Assessments...............................................................................................16 Annual Inflationary Adjustment (Assessment Range Formula) ..........................................17 Part III —Proposed Zone Budgets .........................................................19 Part IV — Assessment Roll ....................................................................21 Part V — Zone Diagram..........................................................................22 Appendix A — Improvement Summary Description.............................24
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Introduction
The City of Yorba Linda (the “City”), under the provisions of the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and the provisions of the California Constitution Article XIII D (the “California Constitution”), annually levies and collects special assessments for the City’s maintenance assessment district designated as:
Street Lighting and Landscaping Maintenance District
(the “District”) in order to provide and maintain various landscaping and lighting improvements throughout the City that provide special benefits to properties within the City.
This Engineer’s Report (the “Report”) has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the improvements and services to be provided within the local landscaping zone of benefit (“Zone) identified as Zone L-1B; and the levy and collection of the proposed new/increased annual assessments related thereto to fund the costs and expenses required to service and maintain the improvements that provide special benefits to those parcels commencing in fiscal year 2024/2025.
Annually, the City establishes the District’s assessments for each Zone based on an estimate of the costs to maintain, operate and service the improvements in those Zones in conjunction with available revenues including fund balances, general benefit contributions, additional City contributions, and current assessment limits. In recent fiscal years, the net Total Eligible Special Benefit Expenses budgeted for Local Landscaping Zone L-1B, (Total Annual Expenses minus General Benefit Expenses), has exceeded the amount that can be collected from annual assessments at the currently authorized special benefit assessment rates. As a result, budget adjustments have been made including eliminating or reducing the amount being collected for operational reserves and capital improvement projects and at the discretion of the City Council, the City may have temporarily provided additional funding to support the improvements and/or implemented service reductions.
To fully fund the improvements that are considered special benefits to properties in Local Landscaping Zone L-1B, the City Council has determined that it is appropriate and in the public’s best interest to propose new/increased assessments that address the estimated special benefit improvement costs within the Zone including, but not limited to the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the proportional operation and administration of the District and Zone; and the collection of funds for operational reserves as well as periodic maintenance and improvement rehabilitation projects as authorized by the 1972 Act.
This Report outlines the improvements, and the proposed assessments to be levied in connection with the benefits the properties will receive from the maintenance and servicing of the landscaping improvements within Zone L-1B commencing in fiscal year 2024/2025. The annual assessments (new/increased maximum assessment) proposed to be levied on properties as described herein will provide a reasonable funding source for the continued operation and maintenance of designated L-1B landscaping improvements that provide special benefits to the properties to be assessed.
The net annual special benefit cost to provide the improvements in Zone L-1B is based on the various improvements and the types of improvements and services to be provided by the District for the properties that are directly associated with and benefit from those improvements. This net
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
special benefit cost of providing these improvements and services (total annual expenses minus general benefit expenses) is proportionally allocated to the benefiting properties within the Zone using a weighted method of apportionment (refer to Assessment Methodology in Part II, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from those District/Zone improvements and services.
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Orange County Assessor’s Office. The Orange County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the District assessments.
If any section, subsection, sentence, clause, phrase, portion, zone, or subzone of this Engineer’s Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Engineer’s Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone, or subzone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, zones, or subzones might subsequently be declared invalid or unconstitutional.
Ballot Proceedings
Pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, the City shall conduct a property owner protest ballot proceeding (referred to as “Ballot Proceeding”) for the proposed levy of new or increased assessments as described in this Report. In conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing to consider public testimonies, comments, and written protests regarding the levy of the proposed new/increased assessments. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists:
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.”
After completion of the ballot tabulation, the City Council will confirm the results of the balloting.
If majority protest exists for the proposed new/increased Zone assessment, further proceedings to implement the proposed new/increased assessment for Zone L-1B shall be abandoned at that time. However, the City Council may continue to levy and collect annual assessments for the improvements provided in the Zone at an assessment rate which is less than or equal to the previously approved and adopted maximum assessment rate (including the inflationary adjustment). If tabulation of the ballots indicate that majority protest does not exist for the proposed new/increased assessments and the assessment range formula presented and described herein, the City Council may adopt this Report (as submitted or amended), approve the assessment diagram, and confirm the new/increased assessment rate and assessments as presented herein. In such case, the assessments as approved shall by reference be made part of and incorporated into the District’s “Engineer’s Annual Report Fiscal Year 2024/2025” and together with other District Zones, the annual assessments for these properties and the other properties within the District, shall be submitted to the Orange County Auditor/Controller for inclusion on the property tax roll for each affected parcel.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Report Content
This Report consists of five (5) parts:
Part I
Plans and Specifications: This section provides an overall description of Local Landscaping Zone L-1B and the improvements for which parcels are assessed. The proposed new/increased assessments as outlined in this Report are based on these local landscaping improvements and appurtenant facilities that provide a special benefit to the properties within the Zone including operational expenses authorized pursuant to the 1972 Act. The plans and specifications contained in this section of the Report describe the overall nature and extent of the improvements.
In conjunction with these descriptions of the improvements a visual depiction of the landscape improvement areas is provided on the Zone boundary diagram (refer to Part V, Zone Diagram).
Along with the Zone Diagram, Appendix A provides a more detailed description of the improvement areas. More detailed information regarding the specific plans and specifications are on file in the Engineering Department and by reference are made part of this Report.
Part II
Method of Apportionment: This section includes a discussion of the general and special benefits associated with the improvements to be provided within Local Landscaping Zone L-1B (Benefit Analysis), which includes a discussion of the proportional costs of the special benefits and a separation of costs considered to be of general benefit (and therefore not assessed). This section of the Report also outlines the method of calculating each property’s proportional special benefit necessary to calculate the property’s annual assessment. This method of apportionment is consistent with the previously adopted method of apportionment for the District that was approved by the property owners in a ballot proceeding conducted in 1997.
Part III
Proposed Zone Budget: An estimate of the annual costs to operate, maintain, and service the local landscaping improvements and appurtenant facilities within Zone L-1B. The budget for Zone L-1B includes an estimate of the maintenance costs and incidental expenses including, but not limited to labor, materials, utilities, equipment, and administration expenses as well as the collection of other appropriate funding authorized by the 1972 Act and deemed necessary to fully support the improvements. Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. While not shown as a budgeted expenditure at this time, if the proposed assessments are approved, the City Council may at their discretion, provide a temporary advanced (loan) to fund and expedite capital improvement projects (repair and rehabilitation of the improvements) within the Zone as deemed necessary and/or convenient for the ongoing maintenance and servicing of the Zone improvements. Such loans will be paid back over time by the assessments utilizing the funds being collected for CIP and Rehabilitation Funding, and/or Operational Reserves. Ultimately, City staff shall make the determination of which improvements, and the extent of the services and activities that shall be provided based on available revenues.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Part IV
Assessment Roll: The Assessment Roll contains a listing of all Assessor Parcel Numbers of the properties within Local Landscaping Zone L-1B and each parcel’s corresponding “Balloted Maximum Assessment” commencing in fiscal year 2024/2025. The proposed assessment amounts balloted and which may be levied and collected commencing in fiscal year 2024/2025 for each parcel is based on the parcel’s calculated proportional special benefit as outlined in the Method of Apportionment (Part II of this Report) and the maximum assessment rate established by the estimated Zone Budgets (Part III of this Report). Due to the number of parcels within Local Landscaping Zone L-1B, the Balloted Maximum Assessments (Assessment Roll) shall be filed electronically with the City Clerk rather than displayed in this Report and by reference the listing of the Assessor’s Parcel Numbers and the corresponding assessment amounts contained in that electronic file are made part of this Report.
Part V
Zone Diagram: This section of the Report contains a diagram showing the boundaries of Local Landscaping Zone L-1B proposed for fiscal year 2024/2025 which incorporates the parcels determined to receive special benefits from the District improvements proposed to be provided in Zone L-1B for the assessments being proposed. This diagram also provides a visual depiction of the location of the landscape improvement areas to be maintained as part of this ballot proceeding. Parcel identification, the lines and dimensions of each lot, parcel, and subdivision of land within Local Landscaping Zone L-1B as shown on this diagram and listed on the Assessment Roll are inclusive of such parcels shown on the Orange County Assessor's Parcel Maps and shall include any subsequent lot line adjustments or parcel changes therein. Reference is hereby made to the Orange County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel of land within Local Landscaping Zone L-1B.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Part I — Plans and Specifications
District Overview
The territory within the District consists of all lots and parcels of land within the City of Yorba Linda and the boundaries of the District are coterminous with the City boundaries. The purpose of this District is to provide in part through annual assessments, funding for the ongoing operation, maintenance, and servicing of landscaping, street lighting, traffic signal improvements and related facilities and services in various areas throughout the City. Improvements currently provided within the District generally include but are not limited to:
➢ Landscape improvements within the street medians and parkway side-panels, including parkways, slopes, and entryways; and various non-street landscape areas including greenbelts, slopes, local trails, and open space areas within various landscape zones.
These landscaped improvements and areas may include but are not limited to various combinations of trees; turf; ground cover; shrubs, plantings and other amenities including retaining walls, monuments, fencing, sidewalks, stamped concrete or pavers; irrigation and drainage systems; and related appurtenances.
➢ Lighting facilities on the public streets within the City including both street lights and traffic signals. These lighting improvements may include but are not limited to street lights located on the City’s arterial streets, traffic signals located throughout the City and local street lights within or adjacent to the various developments and subdivisions.
Zones of Benefit
In accordance with the 1972 Act, the District utilizes Zones to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District.
Within the boundaries of the District, parcels are assigned to benefit zones, each of which is associated with a set of improvements and/or type of improvements that provide special benefit to properties within that Zone.
As of fiscal year 2023/2024, the District was comprised of the following benefit zones (Zones):
➢ Nine Arterial Landscaping Zones (A-1 through A-9);
➢ Thirty-three Local Landscaping Zones:
• L-1A, through L-1E;
• L-2A through L-2V;
• L-3;
• L-4A and L-4B;
• L-5A, L-5B and L-5C;
➢ One citywide Arterial Street Lighting Zone,
➢ A non-contiguous Local Street Lighting Zone, and
➢ Three Traffic Signal Zones (TS-1, TS-2, and TS-3),
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Description of Improvements
As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone incorporate various landscaping or lighting improvements that are maintained and serviced for the benefit of real property within those District Zones. The maintenance of the landscape improvements may also include various appurtenances that may include but is not limited to entry monuments; various types of fencing; retaining walls; ornamental lighting or other ornamental fixtures; signage; irrigation, drainage, and electrical equipment. In most cases, these improvements were either installed in direct connection with the development of properties within the Zones or were installed for the benefit of those properties as a result of property development or potential development of those properties and were considered necessary for the development of those properties to their full and best use. The work to be performed within each respective Zone may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services for each Zone.
The boundaries of each Local Landscaping Zone is established on the basis of the location, extent and types of improvements or similarities in the types of improvements being maintained through the District assessments as well as the particular and distinct benefits the developments and properties within the Zone derive from those improvements based on the proximity of those properties to the proposed improvements and the nexus between the development of the properties that required or facilitated the installation of those improvements or were otherwise necessary for the development of those benefiting properties. While most local landscape improvements are specifically associated with specific developments or development areas, some improvements (most often greenbelts and/or trails) may be located between two or more Zones and/or extend from one Zone to the next and such those improvements may reasonably be considered shared improvements. In such cases, the special benefits and overall cost of providing such improvements are proportionately shared by parcels in each of the benefiting Zones. The improvements proposed specifically for Zone L-1B and for which parcels receive special benefits are generally described in the following.
Local Landscaping Zone L-1B
The following is a brief description and summary of the landscaped areas associated within Local Landscaping Zone L-1B which are specifically addressed in this Report. A visual depiction of the location of the proposed landscape improvement areas is provided in the Zone Diagram in Part V of this Report and a more detailed summary of the improvements is provided in Appendix A of this Report. In connection with these landscaped areas, the maintenance of the improvements may also include various appurtenances such as monuments, fencing, retaining walls, ornamental lighting, signage, and related irrigation, drainage, and electrical equipment. The appurtenances associated with this Zone are not specifically identified in this Report, but the cost of maintaining such appurtenances is incorporated in the City’s estimated landscape budget.
As part of this Ballot Proceeding, the proposed improvements that will proportionately benefit and are shared by the properties within this Local Landscaping Zone include the maintenance, servicing, and operation of approximately 1,181,360 square feet of designated full maintenance landscape improvement area that incorporates an estimated 1,310 square feet of irrigated median landscaping; 1,135,990 square feet of irrigated sloped/mostly-sloped landscaped area; and 44,070 square feet of irrigated flat/moderately-sloped landscaped area.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
In addition, this Local Landscaping Zone will proportionately share and receive special benefit from the maintenance and servicing of approximately 1,582,980 square feet of landscaped area identified as “Transitional Maintenance” areas consisting of approximately 1,582,930 square feet of sloped/mostly-sloped landscaped area and 50 square feet of flat/moderately-sloped landscaped area if the proposed new/increased Zone assessment is approved for fiscal year 2024/2025. These Transitional Maintenance areas will initially continue to be maintained at a Reduced Maintenance level. However, the proposed new/increased assessment will provide the needed funding to rehabilitate (transition) these areas to full regular maintenance levels over an estimated 30 to 35 years as available assessment revenues allow by planting of cost effective, drought resistant ground cover. Collectively, the proposed Zone improvements consist of approximately 2,764,340 square feet of landscaped area.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Part II — Method of Apportionment
Legislative Authority and Provisions
1972 Act
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition, construction, installation and servicing of landscape improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value:
Section 22573 defines the net amount to be assessed as follows:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
Section 22574 provides for zones as follows:
“The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.”
The formulas used for calculating assessments and the designation of zones, specifically Zone L-1B as discussed herein, reflects the composition of parcels within the District and the improvements and activities to be provided, and is designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel, consistent with the requirements of the 1972 Act and the provisions of Proposition 218 and Article XIII D of the California Constitution.
California Constitution
The costs of the proposed improvements addressed in this Report have been identified and allocated to properties within Local Landscaping Zone L-1B based on special benefits as outlined by Article XIII D of the California Constitution. The improvements provided, maintained, and serviced in this Zone and for which properties may be assessed are considered local landscape improvements and related amenities that were installed in connection with the development of the properties and/or would otherwise be necessary or required for the development of properties within the Zone. The assessments and method of apportionment is based on the premise that the maintenance of these local improvements and/or property-related services would otherwise not have been required without the development of the parcels within the Zone and these parcels receive a particular and distinct benefit (special benefit) from the ongoing maintenance of the identified improvements as outlined by Article XIII D of the California Constitution:
Article XIII D Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”;
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Article XIII D Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.” Article XIII D Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed.
The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” Benefit Analysis
Special Benefits
The ongoing maintenance and servicing of the landscaped areas and appurtenant facilities within Local Landscaping Zone L-1B provide aesthetic benefits to the properties within Zone L-1B and a more pleasant environment to walk, drive, live, and work. The primary function of the landscape improvements and related amenities is to serve as an aesthetically pleasing enhancement and green space for the benefit of the immediately surrounding properties and developments for which the improvements were constructed and installed and/or were facilitated by the development or potential development of properties within each respective Zone. These improvements are an integral part of the physical environment associated with the parcels in each Zone and while some of these improvements may in part be visible to the public at large or to properties outside each Zone, collectively if the improvements within each respective Zone are not properly maintained, it is the parcels within those respective Zones that would be aesthetically burdened. Additionally in many cases, the street landscaping and green space areas (slopes, greenbelts and/or trails) provide a physical buffer and open space around the developments and between properties and serve as a pleasant aesthetic amenity that enhances the approach to the parcels as well as an extension of the physical attributes of the parcels assessed, such as their front or rear yards As a result, the maintenance of these landscaped improvements provide particular and distinct benefits to the properties and developments within each Zone.
General Benefit
In reviewing the location and extent of the specific landscaped areas and improvements to be funded by District assessments and the proximity and relationship to properties to be assessed within Local Landscaping Zone L-1B, it is evident that the improvements within Zone L-1B have been installed as part of the development of properties within those Zones or are improvements that would otherwise be shared by and/or considered essential elements for development of those properties to their full and best use. Although the various Zone improvements may be located on public streets and various right of ways, easements or other identified maintenance areas that are often visible and/or accessible to the general public, it is evident that the ongoing maintenance of these improvements (particularly the level of maintenance and servicing) is only necessary for the appearance and advantage of the properties that are in proximity to the improvements and directly associated with those improvements (properties within each respective Zone) and the
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
improvements within those Zones are not directly associated with or required for the particular benefit or development of any properties outside each respective Zone. It is also evident that: (1) the maintenance of these improvements and the level of maintenance provided, has a direct and particular advantage (i.e., special benefit) only to those properties in close proximity to the improvements, including those developments and properties that are directly accessed from the streets where the improvements are located; and (2) such maintenance beyond that which is required to ensure the safety and protection of the general public and property in general, limits any indirect or incidental benefit that the public at large or properties outside the District receive from such improvements.
In the absence of a special funding district and zones, the City’s maintenance of the various landscaping improvements would, for the most part, be limited to tree management services necessary to ensure public safety and protection of property, minimal weed abatement, and as needed rodent control and erosion control services for the various landscape easement areas.
This basic or baseline level of service would typically provide for periodic servicing of the improvement areas (generally once or twice annually) or on an as-needed basis. This baseline level of service would provide for public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways and potential property damage resulting from slope failures. However, this baseline level of service results in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance that can be provided through District assessments.
Based on service provider cost estimates provided to the City, the cost to provide the baseline level of service for flat/moderately-sloped landscaped areas was estimated to be approximately $1,059 per acre ($0.024314 per square foot) including medians, parkway side panels, greenbelts, trails and/or areas identified natural vegetation or minimal/modified/fallow-landscaped areas; and approximately $1,512 per acre ($0.034704 per square foot) for slope landscaping. This baseline servicing, unlike the enhanced aesthetic services funded through the District assessments, would provide benefits to the general public and to the properties both within and outside of the specific benefit zones. The cost of providing this baseline service along with a five percent (5%) cost factor for City overhead and administration is treated as the cost of general benefits from landscape maintenance services. Therefore, for flat/moderately-sloped landscaped areas a rate of $0.025530 per square foot ($0.024314 + 5%) is applied to calculate the general benefit costs for the assessed improvements and for sloped landscaped areas a rate of $0.036439 per square foot ($0.034704 + 5%) is applied to calculate the general benefit costs for the assessed improvements.
While these baseline service rates are anticipated to increase for fiscal year 2024/2025, the amount of those rate increases is undetermined at this time and for purposes of this Report, the fiscal year 2023/2024 baseline service rates have been applied in the calculation of the related general benefit costs for Zone L-1B. However, prior to the levy of the assessments for fiscal year 2024/2025 the increased rates for general benefit will be applied which will ultimately increase the calculated general benefit contribution by the City which may directly reduce the special benefit costs to be assessed and collected on the tax rolls.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Utilizing the per square foot costs outlined above and the square footages of the improvement areas in each Zone, the following table summarizes the estimated general benefit costs calculated for Local Landscaping Zone L-1B:
Estimated General Benefit Landscaping Costs
As with most landscape maintenance costs, these General Benefit Cost may be impacted by inflation and for the annual budget and assessments in fiscal year 2024/2025 as well as subsequent fiscal years, the General Benefit Cost contributions may be adjusted accordingly for inflation.
Other Landscaping General Benefits
In addition to the general benefits identified above, it is recognized that there are indirect or incidental general benefits to properties within the District as well as the general public that are associated with regular landscape maintenance services, including:
➢ Minimization of dust and debris; and
➢ Decreased potential water runoff from both properties and the landscaped areas.
Although these types of benefits might best be characterized as indirect consequences of the special benefit of the landscape maintenance provided to parcels served by the District, for the purposes of this Report we assume these types of benefits to be general benefits, albeit general benefits that are extremely difficult to quantify. We estimate that the costs associated with these indirect benefits do not exceed one percent of the annual maintenance expenditures for Local Landscaping Zone improvements. Therefore, the costs associated with these indirect or incidental general benefits has been calculated based on 1.0% of the estimated “Total Annual Maintenance Expenditures” budgeted for each Landscaping Zone. Together with the baseline general benefit cost previously identified, these indirect/incidental general benefit costs are excluded from the potential assessment funding and together are shown in the budget for Zone L-1B (Part III of this Report) as the “General Benefit Expenses (City Funded)”.
Assessment Methodology
To assess benefits equitably it is necessary to calculate each property’s relative share of the special benefits conferred by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized in this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of comparable property characteristics which may include but is not limited to land use and property size. The method of apportionment originally developed for the Yorba Linda Street Lighting and Landscaping Maintenance District was based on an assessment formula appropriate for the various land uses, identifiable property characteristics and improvements within the District Landscape Zone
Local Zone L-1B $ 93,750
General
Benefit Cost
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
and utilizes the number of comparative dwelling units or dwelling spaces for other residential land uses and comparative lot sizes (acreage) for non-residential and undeveloped properties.
For the purposes of this Engineer's Report, an EBU is the quantum of benefit derived from the various Zone improvements by a single family residential parcel. The single family residential parcel has been selected as the basic unit for calculation of assessments since it represents over 97% of the parcels in the District. Thus, the "benchmark" property (the single family residential parcel) derives one EBU of benefit and is assigned 1.00 Equivalent Benefit Unit.
Land Use Classifications
Every parcel within the District is assigned a land use classification based on available parcel information obtained from the County Assessor’s Office. It has been determined that a parcel use and size are the appropriate factors necessary to identify and calculate the proportional special benefits conveyed to each property within the District and respective Zones for the cost of improvements associated with that property. The following provides an overall description of the various land use classifications assigned to properties in the District and the proportional special benefit (weighted allocation) for those land uses. For reference purposes, the following addresses all land use designations currently applied in the District, however the properties within Local Landscaping Zone L-1B are comprised of properties identified as Single-Family Residential Parcels, Park Parcels, Vacant/Undeveloped Parcels, or Exempt Parcels but a couple Vacant/Undeveloped Parcels have restricted development acreage and are therefore treated as Special Case Parcels.
Residential Single-Family Parcels — This classification may include but is not limited to all subdivided residential tract lots (with or without structures); condominiums; or other single-family residential units on a single parcel. As previously noted, the single family residential parcel has been selected as the basic unit for calculation of assessments and each is assigned 1.00 Equivalent Benefit Unit.
Vacant/Undeveloped Parcels — This classification includes properties that are identified as parcels with no development but have development potential. Although it is recognized that the improvements provided within the various Zones of the District were primarily constructed and installed as the result of property development, it is also recognized that the majority of these improvements were constructed in part to support the overall development of properties within the District and/or Zone to their full and best use, including vacant undeveloped properties.
Therefore, when the District was established, it was determined that parcels identified as Vacant/Undeveloped Parcels shall be assigned a proportional EBU that is 25% of the developed non-residential property, or 0.75 EBU per acre, up to a maximum of 5 acres per parcel. (e.g., A
6.00-acre parcel identified as a vacant-rural parcel is assigned 3.75 EBU [5.0 acres’ x 0.75 EBU/acre]).
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Special Case Parcels — In many landscaping and lighting districts (particularly districts that have a wide range of land uses and property development) there may be one or more parcels that the standard land use classifications and proportionality identified above do not accurately identify the use and special benefit received from the improvements. Properties that are typically classified as Special Case Parcels usually involve some type of development or land restrictions whether those restrictions are temporary or permanent and affect the properties proportional special benefit. Examples of such restrictions may include situations where only a small percentage of the parcel’s total acreage can actually be developed. In such a case, the net usable acreage of the parcel rather than the gross acreage of the parcel may be applied to calculate the parcel’s proportional special benefit. Each such parcel shall be addressed on a case-by-case basis by the assessment engineer and the EBU assigned to such parcels shall be based on the specific issues related to that parcel and its proportional special benefit compared to other properties that receive special benefits from the improvements.
Exempt Parcels — Exempt from District assessments are the areas of public streets, private streets, and other roadways, dedicated public easements and open spaces, rights-of-ways including public greenbelts and parkways or that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities. (These types of properties are not usually assigned an Assessor’s Parcel Number by the County). Also exempt from assessment are utility rights-of-ways, common areas (such as in condominium complexes), landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed. It has been determined that these types of properties receive no direct benefit from the improvements and receive no special benefit or general benefits from the continued operation and maintenance of those improvements. * The following Land Use Classifications are not germane to Zone L-1B but are applicable in various Zones of the District and are provided herein for reference purposes only. * Residential Multi-Family Parcels and Mobile Home Parks — This land use classification identifies properties that are used for residential purposes but contain more than a single residential unit on the parcel (parcels with more than one dwelling). Due in part to the development and population densities associated with these types of dwelling units (reduced unit size compared to the typical density and size of single-family units), Multi-Family Residential Parcels and Mobile Home Parks have been assigned a weighted proportional special benefit factor of 0.8 EBU per Unit and 0.5EBU per space, respectively. Studies have consistently shown that the average apartment unit impacts infrastructure approximately 80% as much as a single-family residence and the average mobile home unit impacts infrastructure approximately 50%. (Sources:
Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition, 1991; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition, 1991).
Therefore, it is reasonable to conclude that the proportional special benefit these properties receive from the public improvements funded by the assessments has a similar proportionality.
Therefore, the EBUs assigned to a multi-residential or a mobile home parcel are calculated based on the number of dwelling units identified for that parcel, with each multi-residential parcel being assigned an EBU equal to 0.8 EBU multiplied by the number of dwelling units on the parcel and each mobile home park parcel being assigned an EBU equal to 0.5 EBU multiplied by the number of mobile home units or available spaces on the parcel.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
* Non-Residential Parcels — This classification includes developed properties that are identified or zoned for commercial, industrial, or other non-residential use including offices, hotels, recreational facilities (excluding parks and golf courses), and institutional facilities including, hospitals, churches or facilities utilized by other non-profit organizations, whether those facilities are publicly owned (non-taxable) or privately owned. Based on an overall evaluation of development in the City when the District was established, it was determined that the average single-family residential development yielded approximately three (3) dwelling units per acre of land. Thus, it was determined that the special benefit for these non-residential properties compared to a single-family residential parcel is proportional to 3.0 EBU multiplied by the acreage of the parcel. Therefore, the EBU assigned to each non-residential property is 3.0 EBU per acre (e.g., A 2.25-acre parcel identified as non-residential is assigned 6.75 EBU). * Park Parcels — This classification includes properties that are identified as Parks which have been developed for public use and provide similar public amenities and improvements funded by the District assessments. Although it is recognized that the improvements provided within the various Zones of the District were primarily constructed and installed as the result of property development, it is also recognized that the majority of these improvements were constructed in part to support the overall development of properties within the District and/or Zone to their full and best use. Therefore, when the District was established, it was determined that parcels identified as Park Parcels shall be assigned a proportional EBU that is 25% of the developed nonresidential property, or 0.75 EBU per acre, up to a maximum of 5 acres per parcel. (e.g., A 6.00- acre parcel identified as a vacant-rural parcel is assigned 3.75 EBU [5.0 acres’ x 0.75 EBU/acre]). * Public School Parcels — This classification includes those parcels that are identified specifically as school sites that include playground or recreational areas (both public and private).
Based on an evaluation of the various school sites in the City, it is estimated that on average, 1/3rd (approximately 33.33%) of the total acreage for these parcels is actually developed with structures and parking facilities similar to non-residential developed parcels. The remaining parcel acreage (approximately 66.67%) is generally associated with playground areas and/or sports fields similar to park facilities (e.g., Vacant/Rural/Park Parcels). In recognition of the overall development and use of these properties it has been determined that parcels identified as Schools shall be assigned a proportional EBU that reflects the 1/3rd of the parcel’s acreage being developed non-residential acreage (33.33% of acreage x 3.0 EBU/acre) and 2/3rd of the parcel’s acreage being vacant/rural/park acreage (66.67% of acreage x 0.75 EBU/acre). The average of these two calculations results in an EBU of 1.50 EBU per acre. (e.g., A 12.00-acre school parcel is assigned 18.00 EBU [12.0 acres’ x 1.50 EBU/acre]).
* Golf Course Parcels — This classification includes all parcels that are identified as all or a portion of a golf course. Such properties, like schools are somewhat unique in that the property use is a combination of developed non-residential and vacant/rural/park use. However, unlike schools, a more significant portion of the acreage for such development would be considered vacant/rural/park. In order to establish a proportional calculation of the special benefits for such properties from the District improvements as compared to other property uses, parcels identified as Golf Course Parcels shall be assigned a proportional EBU of 1.50 EBU per acre (similar to School Parcels), but recognizing that much of the acreage associated with these parcels is vacant/rural/park acreage, the maximum acreage applied in the special benefit calculation shall be limited to a maximum of 5 acres per parcel (APN). (e.g., A 10.00-acre parcel identified as a golf course parcel is assigned 7.50 EBU [5.0 acres’ x 1.50 EBU/acre]).
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
A summary of the applied Equivalent Benefit Units (EBUs) for the various land use classifications within the District is shown in the following table:
(1) Land Use Classification that are or may be applicable to properties in Local Landscaping Zone L-1B Zone L-1B Equivalent Benefit Unit Summary
The following is a summary of the Equivalent Benefit Units applicable to the various land use classifications identified in Local Landscaping Zone L-1B:
Land Use Equivalent Benefit Unit Formula
(1) Residential Single-Family 1.000 EBU per Unit/Lot
Residential Multi-Family 0.800 EBU per Unit
Mobile Home Park 0.500 EBU per Unit/Space
Non-Residential Developed 3.000 EBU per Acre
School (Public/Private) 1.500 EBU per Acre
Planned Residential Development 1.000 EBU per Unit/Lot
Park 0.750 EBU per Acre (Maximum of 5 Acres)
Golf Course 1.500 EBU per Acre (Maximum of 5 Acres)
(1) Vacant/Rural (Undeveloped) 0.750 EBU per Acre (Maximum of 5 Acres) (1) Special Case Varied EBU per Adjusted Acreage or Units (1) Exempt 0.000 EBU per Acre
Land Use Parcels
Assessed
Parcels Units
Applied
Acreage EBUs
Residential Single-Family 622 622 622 - 622.0000
Vacant/Rural (Undeveloped) 3 3 - 8.474 6.3555
Exempt 11 - - 33.049 -
Totals 636 625 622 41.523 628.3555
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Calculation of Assessments
An assessment amount per EBU in each Zone is calculated by:
Taking the “Total Annual Expenses” (Total budgeted costs) and subtracting the “General Benefit Expenses (City Funded)”, to establish the “Total Eligible Special Benefit Expenses”; Total Annual Expenses – General Benefit Expenses = Total Eligible Special Benefit Expenses To the resulting “Eligible Special Benefit Expenses”, various “Funding Adjustments/Contributions” may be applied that may include, but are not limited to:
➢ “Available Ad Valorem Revenues Applied”, represents an adjustment (reduction) in the amount to be collected utilizing ad valorem revenue that may be available for the Zone that was not applied for general benefit expenses.
➢ “Unfunded Reserve Fund Collection”, represents an adjustment (reduction) in the amount to be collected for “Operational Reserve Funding” that was budgeted as part of the Total Annual Expenses.
➢ “Unfunded CIP/Rehabilitation Fund Collection”, represents an adjustment (reduction) in the amount to be collected for “CIP & Rehabilitation Reserve Fund Collection” that was budgeted as part of the Total Annual Expenses.
➢ “Reserve Fund Transfer/Deduction”, represents an amount of available existing funds from the “Operational Reserve Fund Balances” being applied to pay a portion of the Special Benefit Expenses for the fiscal year.
➢ “Additional City Contribution and/or Service Reductions”, represents a further adjustment that addresses the funding gap between the amount budgeted to provide the improvements and services (“Special Benefit Expenses”); and the amount that will be collected through the assessments. This funding gap may be addressed by an additional City contribution, reductions in service and service expenses, or a combination of the two.
These adjustments to the Special Benefit Expenses result in the net special benefit amount to be assessed “Balance to Levy”:
Eligible Special Benefit Expenses +/- Funding Adjustments/Contributions =Balance to Levy The amount identified as the “Balance to Levy” is divided by the total number of EBUs of parcels receiving special benefit to establish the “Assessment Rate” or “Assessment per EBU” for the fiscal year. This Rate is then applied back to each parcel’s individual EBU to calculate the parcel’s proportionate special benefit and assessment for the improvements.
Balance to Levy / Total EBU = Assessment per EBU (Assessment Rate) Assessment per EBU x Parcel EBU = Parcel Assessment Amount Note: As part of these proceedings to ballot property owners for new/increased assessments, the proposed new maximum assessments outlined in this Report are intended to fully support the costs and expenses identified as “Special Benefit Expenses”. Therefore, the “Funding Adjustments/Contributions” referenced above are not applicable to the calculation of the assessments described in this Report for Local Landscaping Zone L-1B, and the “Balance to Levy” represents the total “Special Benefit Expenses”.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Annual Inflationary Adjustment (Assessment Range Formula) In fiscal year 1997/1998, in part as a result of Proposition 218, which was approved on the November 1996 statewide ballot and added Article XIII D to the California Constitution, the City took steps to reorganize the District to more fully reflect the special benefits associated with the District improvements and conducted a protest ballot proceeding for the proposed District assessments. Notices and ballots were mailed to all property owners within the District, outlining the changes to the method of apportionment and the resulting assessment amount proposed for each property and that such assessments would include an annual inflationary adjustment (often referred to as an Assessment Range Formula or escalator) based on the Consumer Price Index (CPI). On July 1, 1997, the ballot results were tabulated with eighty-three percent (83%) of the returned assessment ballots approving the assessment rates and annual inflationary adjustment.
The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment that are inevitably associated with providing for the maintenance and operation of landscaping and lighting improvements, thereby reducing the need for additional noticing and balloting procedures simply because of inflationary factors.
Proposed New Assessment Range Formula for Local Landscaping Zone L-1B:
Commencing with fiscal year 2025/2026 and each fiscal year thereafter, the maximum assessment rate established for the improvements in the previous fiscal year for Local Landscaping Zone L-1B may be adjusted by the percentage increase of the Local Consumer Price Index (CPI) plus three percent (CPI + 3.%) The Consumer Price Index used for the inflationary adjustment shall be the CPI for the Los Angeles-Long Beach-Anaheim, CA, Area for All Urban Consumers, as developed by U.S. Bureau of Labor Statistics.
Each fiscal year the City shall identify the annual percentage change in the CPI, using the difference over a 12-month period between the current year and of the previous year. This annual percentage change is generally established based on the annual percentage change from the prior year, but a similar 12-month time period may be used if more current data is available. This percentage difference plus three percent shall then establish the range of increase to the maximum assessment rate allowed for Zone L-1B. If the percentage change in CPI is negative, the maximum assessment rate may be adjusted from the previous fiscal year by three percent.
Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City may use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.
The Assessment Range Formula applicable to other District Zone Assessments for parcels in Zone L-1B is defined by the following:
Commencing in fiscal year 1998/1999 and each fiscal year thereafter, the maximum assessment rates established for the improvements in the previous fiscal year for each applicable Zone may be adjusted by the percentage increase of the Local Consumer Price Index (CPI). The Consumer Price Index used for the inflationary adjustment shall be for the Los Angeles-Riverside-Orange County Area for All Urban Consumers, as developed by U.S. Bureau of Labor Statistics. The CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time.
Each fiscal year the City shall identify the annual percentage change in the CPI, using the difference over a 12-month period between the current year and of the previous year. This annual percentage change is generally established based on the annual percentage change from the prior year, but a similar 12-month time period may be used if more current data is available. This
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
percentage difference shall then establish the range of increase to the maximum assessment rates allowed. If the percentage change in the CPI is negative, the maximum assessment rates shall not be adjusted from the previous fiscal year (unchanged). Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City may use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Part III —Proposed Zone Budgets
The following proposed budget outlines the estimated costs to fund, maintain and service the various landscaping improvements and related amenities that provide special benefits to properties within Local Landscaping Zone L-1B for fiscal year 2024/2025. In recent fiscal years, the total eligible special benefit expenses identified to ensure adequate and proper servicing and maintenance of the improvements for Local Landscaping Zone L-1B have not been fully funded by the assessment revenues generated at the existing maximum assessment rate. As a result, it may have been necessary for City staff to reduce or eliminate the collection of funding for operational reserves and/or long term repairs, replacements, and rehabilitation and/or reduce maintenance, services and activities associated with the improvements. Recognizing that these revenue shortfalls are expected to continue and may likely increase over the years as a result of inflation, the City is proposing to ballot property owners within Zone L-1B for a new/increased maximum assessment including a modified assessment range formula that would fund the estimated total eligible special benefit expenses budgeted to provide the improvements for the Zone as outlined in this Report. The following budget identifies those estimated expenses and the resulting “Proposed Maximum Assessment Rate per EBU” for fiscal year 2024/2025 being presented to the property owners of record in a property owner protest ballot proceeding required pursuant to the provisions of the California Constitution.
Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Zone L-1B Proposed Budget and Assessment Rate
Budget Items
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 164,814
Contractual Services 610,421
Landscape Utilities 187,358
Total Annual Maintenance Expenses $ 962,593
Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ -
CIP & Rehabilitation Fund Collection 247,769
Total CIP & Rehabilitation Funding $ 247,769
Incidental Operational Expenses
Operational Reserve Funding $ 96,259
City Administration/Professional Fees $ 45,939
County Administration Fees 4,058
Miscellaneous Administration Expenses 689
Annual Administration Expenses $ 50,686
Total Annual Incidental Expenses $ 146,945
TOTAL ANNUAL EXPENSES $ 1,357,307
General Benefit Expenses
General Benefit Expenses (City Funded) (103,376)
TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 1,253,932
Funding Adjustments/Contributions
Total Funding Adjustments / Contributions $ -
BALANCE TO LEVY $ 1,253,932
District Statistics
Total Parcels 636
Parcels Levied 625
Total Benefit Units 628.3555
Full Special Benefit Cost Recovery Rate per EBU $1,995.5768 Proposed Maximum Assessment Rate per EBU $1,996.00
Total Balloted Assessment Amount $ 1,254,197.57
Reserve & CIP Fund Balances
Beginning Fund Balance $ 108,567
Reserve Fund Collection 96,259
Capital Improvement Fund Collection 247,769
Fund Balance Transfer -
Collections / (Contributions) $ 344,029
Estimated Ending Fund Balance $ 452,595
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Proposed Budget
Maximum Assessment
Part IV — Assessment Roll
Due to the number of parcels in Local Landscaping Zone L-1B, the Assessment Roll containing the proposed new/increased maximum assessment for fiscal year 2024/2025 (a listing of the parcels to be assessed within Local Landscaping Zone L-1B along with the maximum assessment amounts to be balloted) has been filed with the City Clerk in an electronic format and is, by reference, made part of this Report. The proposed Assessment Roll shall be available for public inspection in the City Clerk’s Office during normal office hours.
The Assessment Roll incorporates each parcel identified within Local Landscaping Zone L-1B and the balloted maximum assessment amount proposed for fiscal year 2024/2025. Each parcel listed on the Assessment Roll is currently shown and illustrated on the County Assessor's Roll and the County Assessor’s Parcel Number Maps (APN maps). These records are by reference, made part of this Report and shall govern for all details concerning the description of the lots or parcels. All assessments presented on the assessment roll are subject to change pending the outcome of the Ballot Proceedings and/or as a result of parcel changes made by the County including parcel splits, parcel merges or development changes that occur prior to the County Assessor's Office securing the final roll and generating tax bills for fiscal year 2024/2025.
Part V — Zone Diagram
The boundary of the Yorba Linda Street Lighting and Landscaping Maintenance District is coterminous with the City boundaries and consists of all lots, parcels, and subdivisions of land within the City of Yorba Linda. The following section contains diagrams that show the boundaries of Local Landscaping Zone L-1B and the location of the proposed landscape improvement areas for which properties within the Zone are being balloted for a new/increased special benefit assessment to support the ongoing annual expenses associated with the maintenance and operation of the improvements proposed to be maintained.
The parcels within Zone L-1B consist of all lots, parcels and subdivisions of land currently identified within the boundaries of the Zone as depicted by this diagram and shall ultimately consist of and be dictated by the lines and dimensions of those lots, parcels, and subdivisions of land as shown on the Orange County Assessor’s parcel maps for fiscal year 2024/2025. By reference the Orange County Assessor’s parcel maps are incorporated herein and made part of this Report. The following diagram depicts the boundaries of the properties within Local Landscaping Zone L-1B and this diagram along with the Assessment Roll incorporated in this Report by reference, constitute the proposed Assessment Diagram for Zone L-1B for fiscal year 2024/2025.
Local Landscaping Diagram Zone L-1B (Proposed Improvements FY 2024/2025)
Appendix A — Improvement Summary Description
Local Landscaping Zone L-1B
The landscape areas for Local Landscaping Zone L-1B may include but are not limited to approximately:
➢ 467 square feet of irrigated median landscape improvements located on Camino De Bryant between Hidden Hills Road/Kodiak Mountain Drive and Big Horn Mountain Way. ➢ 52,741 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east and northeast side of Camino De Bryant between Abbey Glen Drive and Maiden Moor Lane. ➢ 10,066 square feet of irrigated sloped/mostly-sloped landscape improvements located on the southwest side of Camino De Bryant from Abbey Glen Drive to Ironstone Court (Camino De Bryant portion of corner return at Abbey Glen Drive).
➢ 31,962 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Abbey Glen Drive (south of Ironstone Court) from the southwest corner of Camino De Bryant and Abbey Glen Drive to the end of Abbey Glen Drive. ➢ 7,895 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Smokey Mountain Way between Mount Hood Way and Mount Rainer Way (Smokey Mountain Way portion of corner return at Mount Hood Way). ➢ 44,588 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Mount Hood Way west of the Smokey Mountain Way (Not including the entire corner return at the northwest corner of Smokey Mountain Way and Mount Hood Way). ➢ 13,531 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Kodiak Mountain Drive between Triumph Way and Ben Nevis Way (Kodiak Mountain Drive portion of corner return at Kodiak Mountain Drive and Triumph Way). ➢ 13,655 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Triumph Way between Kodiak Mountain Drive and Smokey Mountain Way including half of the corner return at Triumph Way and Kodiak Mountain Drive. ➢ 29,063 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Triumph Way from Smokey Mountain Way west to the cul-de-sac. ➢ 6,837 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Elk Mountain Drive between Mount Whitney Way and Aleutia Way (Wrap around continuation of the slope on the north side of Mount Whitney Way). ➢ 37,157 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Mount Whitney Way east of Elk Mountain Drive (Portion past corner return landscaping on Elk Mountain Drive).
➢ 6,898 square feet of irrigated sloped/mostly-sloped landscape improvements located on the southwest side of Camino De Bryant from Ironstone Court to 160 feet northwest of Ironstone Court.
➢ 5,673 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Ironstone Court just below the corner return area at the southwest corner of Camino De Bryant and Ironstone Court.
➢ 10,168 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Ironstone Court from the corner return area along Ironstone Court to the cul-de-sac of Ironstone Court.
➢ 4,698 square feet of irrigated flat/moderately-sloped landscape improvements located on the west side of Camino De Bryant between Hidden Hills Road/Kodiak Mountain Drive and Big Horn Mountain Way.
➢ 43,425 square feet of irrigated sloped/mostly-sloped landscape improvements located between developments on northwest side of Van Gogh Way between Camino De Bryant and Carol Court.
➢ 5,289 square feet of irrigated sloped/mostly-sloped landscape improvements located on the northwest side of Paseo de Toronto from Camino De Bryant, southwest along Paseo de Toronto a distance of approximately 180 feet .
➢ 69,297 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Kodiak Mountain Drive (portion of), specifically from just north of Alpine Lane north to Mountain Triumph Way (Includes the entire return at Mountain Triumph Way). ➢ 1,691 square feet of irrigated sloped/mostly-sloped landscape improvements located on the south side of Mountain Triumph Way between Kodiak Mountain Drive and Smokey Mountain Drive (Does not include the return at Kodiak Mountain Drive). ➢ 94,322 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north and west sides of Kodiak Mountain Drive (generally south and east of Smokey Mountain Way) from the intersection of Kodiak Mountain Drive and Camino De Bryant, northeast to just past Alpine Lane.
➢ 16,063 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Smokey Mountain Way between Mount Shasta Way and Mount Hood Way (Includes up to the v-ditch at the Shasta Way corner return).
➢ 16,634 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Mount Shasta Way from the v-ditch at the Smokey Mountain Way corner return, west approximately 315 feet.
➢ 400 square feet of irrigated flat/moderately-sloped landscape improvements located on the east side of Camino De Bryant between Hidden Hills Road/Kodiak Mountain Drive and Big Horn Mountain Way.
➢ 838 square feet of irrigated median landscape improvements located on Camino De Bryant between Hidden Hills Road/Kodiak Mountain Drive and Big Horn Mountain Way. ➢ 3,289 square feet of irrigated flat/moderately-sloped landscape improvements located on the northwest side of Camino De Bryant from the southwest corner of Applecross Lane, southwest approximately 150 feet .
➢ 72,148 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Camino De Bryant between the railroad and Picasso Drive (Includes the corner return at the southeast corner of Picasso Drive but not the area on Picasso Drive between Camino De Bryant and Marquet Court).
➢ 1,877 square feet of irrigated sloped/mostly-sloped landscape improvements located on the southeast side of Picasso Drive between Camino De Bryant and Marquet Court (Excludes most of the corner return at Picasso Drive and Camino De Bryant).
➢ 5,672 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Elk Mountain Road between Smokey Mountain Way and Mount Whitney Way (Includes the complete corner return areas at both Smokey Mountain Way and Mount Whitney Way).
➢ 44,447 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Smokey Mountain Way from the corner return area at Elk Mountain Drive east approximately 750 feet.
➢ 52,382 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Mount Shasta Way from approximately 315 feet west of Smokey Mountain Way, west to the Mount Shasta Way cul-de-sac.
➢ 58,808 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north and northeast side of Camino De Bryant (Generally south of Smokey Mountain Way) from the intersection of Kodiak Mountain Drive and Camino De Bryant, northwest to Elk Mountain Drive (Includes half of the corner return at the southeast corner of Elk Mountain Drive and Camino De Bryant).
➢ 6,521 square feet of irrigated sloped/mostly-sloped landscape improvements located on the southeast side of Elk Mountain Drive between Camino De Bryant and Smokey Mountain Way (Includes half of the corner return at the southeast corner of Elk Mountain Drive and Camino De Bryant)2700).
➢ 38,797 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west and northwest sides of Smokey Mountain Way from Elk Mountain Drive, south and east approximately 1,050 feet.
➢ 61,824 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Camino De Bryant from just north of Meadow Land Drive to Kodiak Mountain Drive and the east side of Kodiak Mountain Drive from Camino De Bryant to the entryway of the La Terazza development.
➢ 5,143 square feet of irrigated sloped/mostly-sloped landscape improvements located in the area on the southeast side of Kodiak Mountain Drive from the southeast corner of Alpine Lane, southwest a distance of approximately 175 feet.
➢ 2,846 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Camino De Bryant between Kodiak Mountain Drive/Hidden Hills Road and Big Horn Mountain Way (Includes half of the corner return at Kodiak Mountain Drive). ➢ 7,166 square feet of irrigated sloped/mostly-sloped landscape improvements located on the West side of Camino De Bryant between the railroad and Picasso Drive and the southeast side of Picasso Drive between Camino De Bryant and Marquet Court. ➢ 2,127 square feet of irrigated flat/moderately-sloped landscape improvements located on the southeast side of Camino De Bryant from the southeast corner of Glaramara Lane northeast approximately 150 feet .
➢ 2,281 square feet of irrigated flat/moderately-sloped landscape improvements located on the east side of Camino De Bryant from the southeast corner of Glaramara Lane south approximately 150 feet .
➢ 2,398 square feet of irrigated flat/moderately-sloped landscape improvements located on the northwest side of Camino De Bryant from the northwest corner of Applecross Lane northeast approximately 150 feet .
➢ 9,026 square feet of irrigated sloped/mostly-sloped landscape improvements located on the southwest side of Camino De Bryant, southeast of Abbey Glen Drive, extending from Abbey Glen Drive southwest approximately 180 feet.
➢ 1,015 square feet of irrigated sloped/mostly-sloped landscape improvements located on the northwest corner of Camino De Bryant and Elk Mountain Drive ( A portion of that area northwest of Smokey Mountain Way situated along the north side of Camino De Bryant). ➢ 2,010 square feet of irrigated sloped/mostly-sloped landscape improvements located on the northwest corner of Camino De Bryant and Elk Mountain Drive ( A portion of that area northeast of Camino De Bryant situated along the northwest side of Smokey Mountain Way). ➢ 2,653 square feet of irrigated flat/moderately-sloped landscape improvements located on the west side of Marquet Court and Southeast corner of Picasso Drive and Marquet Court. ➢ 1,522 square feet of irrigated sloped/mostly-sloped landscape improvements located on the northwest corner of Camino De Bryant and Elk Mountain Drive (That portion of the area northwest of Smokey Mountain Way situated along the north side of Camino De Bryant). ➢ 11,804 square feet of irrigated sloped/mostly-sloped landscape improvements located on the northwest corner of Camino De Bryant and Elk Mountain Drive (that portion of the area northeast of Camino De Bryant situated along the northwest side of Smokey Mountain Way). ➢ 5,863 square feet of irrigated flat/moderately-sloped landscape improvements located on the southeast corner of Paseo de Toronto and Camino De Bryant extending from Elizabeth Drive on Paseo de Toronto past Kodiak Mountain Drive on Camino De Bryant. ➢ 4,884 square feet of irrigated flat/moderately-sloped landscape improvements located on the southeast side of Paseo de Toronto from Elizabeth Drive south to Zone boundary. ➢ 4,929 square feet of irrigated flat/moderately-sloped landscape improvements located on the north and northeast side of Camino De Bryant (That portion generally south of Smokey Mountain Way) from the intersection of Kodiak Mountain Drive and Camino De Bryant, northwest to Elk Mountain Drive, and the southeast side of Elk Mountain Drive between Camino De Bryant and Smokey Mountain Way.
➢ 6,752 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Alpine Lane from the northeast corner with Kodiak Mountain Drive east and north approximately 200 feet.
➢ 7,925 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Smokey Mountain Way between Elk Mountain Drive and Mount Shasta Way (Includes the corner return areas at both Elk Mountain Drive and Mount Shasta Way). ➢ 19,803 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Elk Mountain Drive from Smokey Mountain Way to approximately 380 feet west of Smokey Mountain Way (Does not include the corner return area at Elk Mountain Drive and Smokey Mountain Way).
➢ 2,180 square feet of irrigated flat/moderately-sloped landscape improvements located on the west side of Camino De Bryant between Big Horn Mountain Way and Daisy Circle.
➢ 2,426 square feet of irrigated flat/moderately-sloped landscape improvements located on the north and northeast sides of Camino De Bryant (That portion generally south of Smokey Mountain Way) from the intersection of Kodiak Mountain Drive and Camino De Bryant, northwest to Elk Mountain Drive, and the southeast side of Elk Mountain Drive between Camino De Bryant and Smokey Mountain Way.
➢ 5,894 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Smokey Mountain Way between Mount Rainer Way and Mount Triumph Way (Includes entire corner returns at Mount Rainer Way and Mount Triumph Way). ➢ 40,290 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Mount Rainer Way from Smokey Mountain Way west to the cul-de-sac (A distance of approximately 880 feet but excludes the corner return area at Smokey Mountain Way and Mount Rainer Way).
➢ 1,459 square feet of irrigated flat/moderately-sloped landscape improvements located on the southwest side of Camino De Bryant between Delacroix Way and Picasso Drive (Portion of). ➢ 4,311 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Elk Mountain Drive from Aleutia Way north approximately 140 feet. ➢ 31,316 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Aleutia Way from Elk Mountain Drive corner return, east to cul-de-sac (Approximately 1,000 feet).
➢ 3,149 square feet of irrigated flat/moderately-sloped landscape improvements located between developments at the northwest corner of Van Gogh Way and Carol Court. ➢ 4,261 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Ben Nevis Way at Kodiak Mountain Drive.
➢ 5,593 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Ben Nevis Way west of Kodiak Mountain Drive. ➢ 4,539 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Kodiak Mountain Drive from a centerline extension of Mount Triumph Way, south approximately 160 feet.
➢ 8,699 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Kodiak Mountain Drive from a centerline extension of Mount Triumph Way, north to a centerline extension of Ben Nevis Way.
➢ 2,764 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Kodiak Mountain Drive from a centerline extension of Ben Nevis Way, north to Castle Bend Way .
➢ 2,219 square feet of irrigated sloped/mostly-sloped landscape improvements located on the south side of Castle Bend Way from the middle of the corner return at Kodiak Mountain Drive, east approximately 205 feet (End of the block wall).
➢ 7,418 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Camino De Bryant between Big Horn Mountain Way and Daisy Circle. ➢ 950 square feet of irrigated flat/moderately-sloped landscape improvements located on the southwest side of Camino De Bryant between Delacroix Way and Picasso Drive (Portion of the area).
➢ 55,153 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Kodiak Mountain Drive between Camino De Bryant and Castle Bend Way including portions of the corner returns at Camino De Bryant and Castle Bend Way. ➢ 29,465 square feet of irrigated sloped/mostly-sloped landscape improvements located North and East sides of Castle Bend Way from the corner return v-ditch at Kodiak Mountain Drive, east approximately 315 feet to the next v-ditch then south an additional 110 feet. ➢ 33,032 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north and west sides of Kodiak Mountain Drive from the intersection of Kodiak Mountain Drive and Camino De Bryant, northeast to just past Alpine Lane. ➢ 81,231 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north and northeast side of Camino De Bryant (Generally south of Smokey Mountain Way) from the intersection of Kodiak Mountain Drive and Camino De Bryant, northwest to Elk Mountain Drive.
➢ 145,004 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north and west sides of Kodiak Mountain Drive (Generally south and east of Smokey Mountain Way) from the intersection of Kodiak Mountain Drive and Camino De Bryant, northeast to just past Alpine Lane.
➢ 27,960 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north and northwest side of Abbey Glen Drive, south of Ironstone Court. ➢ 18,266 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north side of Ironstone Court generally south and west of Camino De Bryant. ➢ 41,208 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the east and northeast side of Camino De Bryant south of Maiden Moor Lane. ➢ 166,161 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located southeast of Maiden Moor Lane, south and east of Camino De Bryant and northwest of Elk Mountain Drive.
➢ 53,188 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located north of Kodiak Mountain Drive between Castle Bend and Camino De Bryant. ➢ 26,897 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located at the end of Triumph Way.
➢ 23,286 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located north of Triumph Way.
➢ 8,035 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located at the end of Mount Rainer Way.
➢ 22,103 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north side of Mount Hood Way.
➢ 57,206 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north side of Mount Shasta Way.
➢ 24,169 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north side of Aleutia Way.
➢ 53,089 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located north and east of Mount Whitney Way and south of Aleutia Way.
➢ 39,599 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the northwest side of Smokey Mountain Way, south and east of Aleutia Way. ➢ 32,092 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north side of Smokey Mountain Way, south of Mount Whitney Way. ➢ 16,510 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the west side of Kodiak Mountain Drive (East of Smokey Mountain Drive) from Alpine Lane north to Mountain Triumph Way and the south side Mountain Triumph Way between Kodiak Mountain Drive and Smokey Mountain Drive.
➢ 54,483 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north side of Camino De Bryant between Meadow Land Drive to Kodiak Mountain Drive adjacent to the La Terazza development.
➢ 227,824 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the west side of Camino De Bryant between the railroad right-of-way and Picasso Drive and north of the railroad right-of-way from Camino De Bryant west to the Zone boundary. ➢ 56,424 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the west side of Camino De Bryant between the railroad right-of-way and Picasso Drive and north of the railroad right-of-way from Camino De Bryant west to the Zone boundary (Bottom portion of the entire slope between situated between the first and second V-ditch). ➢ 40,883 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the west side of Camino De Bryant between railroad right-of-way and Picasso Drive and north of the railroad right-of-way from Camino De Bryant west to the Zone boundary (Middle portion of the entire slope between situated between the second and third V-ditch). ➢ 22,221 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located Portion of the fallow slope area no longer maintained on the West side of Camino De Bryant between railroad ROW and Picasso Drive and north of the railroad ROW from Camino De Bryant west to the Zone boundary (Top portion of the entire slope between situated between the third V-ditch and fence lines).
➢ 162,646 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the West side of Camino De Bryant between the railroad right-of-way and Picasso Drive and north of the railroad right-of-way from Camino De Bryant west to the Zone boundary. ➢ 56,883 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located between developments situated north and west of Carol Court generally between Van Gogh Way and Paseo de Toronto.
➢ 92,580 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located southeast of Kodiak Mountain Drive and the La Terazza development and just north of the Green Meadows Way cul-de-sac which is not in the Zone.
CITY CLERK'S OFFICE
DATE: DECEMBER 5, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: CITY COUNCIL INTEREST IN BEING APPOINTED TO ORGANIZATIONS,
AGENCIES, AND COMMITTEES
RECOMMENDATION
It is recommended that the Mayor solicit input from his/her fellow Council Members on whether they are available and interested in serving on a particular entity on the list of City Council Appointments to Organizations, Agencies and Committees by Wednesday, December 13, 2023 so that the Mayor can make recommendations for Council approval at the December 19, 2023 City Council meeting.
BACKGROUND
Ordinance No. 2009-928, adopted on March 17, 2009, states in part that the first Tuesday of each December the Mayor shall ask Council Members to state whether they are available and desire to serve on a particular entity on the list of regional organizations, agencies or committees. The Ordinance further states that the Mayor shall then consider the experience, special skills and workload of each Council Member and prepare written recommendations for presentation as a staff report at the next regular City Council meeting. The appointments shall be affirmed by a majority vote of the City Council The following agencies pay a stipend or otherwise provide a financial benefit to the appointee: Orange County Fire Authority, Transportation Corridors Agency and Orange County Mosquito & Vector Control District. After Council appointments are confirmed at the next Council meeting, staff will file Form 806 on the City’s website, reporting the compensation paid by these agencies.
ALTERNATIVES
Ask for additional information and provide staff with further direction.
ATTACHMENTS
1. List of Current City Council Appointments to Organizations, Agencies and Committees
2. Information re City Council Appointments to Organizations, Agencies and Committees
3. Ordinance No. 2009-928
CITY COUNCIL APPOINTMENTS TO
ORGANIZATIONS, AGENCIES AND COMMITTEES
2023
AGENCY/COMMITTEE DELEGATE ALTERNATE
ACC-OC Mayor Mayor Pro Tem
Bridges at Kraemer Place Community Advisory Board Campbell N/A Finance Committee
Rodriguez
Haney N/A
Foothill/Eastern Transportation Corridor Agency Haney Campbell League of California Cities - OC Division Hernandez N/A Orange County City Selection Committee Mayor N/A
Orange County Council of Governments (OCCOG) Hernandez N/A Orange County Fire Authority Hernandez N/A
Orange County Mosquito and Vector Control District
Huang
2-Year Term Exp. 1/2025 N/A
Placentia Yorba Linda Unified School District Campbell Rodriguez Southern California Association of Governments Hernandez Rodriguez Santa Ana River Flood Protection Agency Lim Campbell
Trauma Intervention Program Lim Haney
Yorba Linda Chamber of Commerce Hernandez Lim
Yorba Linda Water District Hernandez Lim
YLWD/CC Joint Advisory Committee
Hernandez
Lim N/A
INFORMATION RE CITY COUNCIL APPOINTMENTS TO
ORGANIZATIONS, AGENCIES AND COMMITTEES
ASSOCIATION OF CALIFORNIA CITIES – ORANGE COUNTY
Meeting Time 12:00 P.M. – 2:00 PM.
Meeting Dates 3rd Wednesday of the month (Board Meeting) Meeting Place Virtual and Rotating Meeting Locations
Contact: Courtney Arlow (714) 953-1300
Responsibilities Serves as a vital resource for municipal staff and elected officials, educational resource for City
leaders, catalyst for regional collaboration
COMMUNITY ADVISORY BOARD (CAB) BRIDGES AT KRAEMER PLACE Meeting Time Varies
Meeting Dates Meetings will be held twice a year
Meeting Place 600 S. Main Street, Conference Room 1112
Orange, 92868 Contact: Stacy Boisvert, Exec.
Asst. (714) 953-1300
Responsibilities Review the operations of the Bridges at Kraemer Place Year Round Emergency Shelter Program and MultiService Center, enhance community relations and address any strengths and concerns from the neighborhood,
local business, city and county entities, service provider partners and shelter clients and communicate that
information to the County
FINANCE COMMITTEE – STANDING COMMITTEE
Meeting Time Usually 5:00p.m.
Meeting Dates Quarterly or as needed
Meeting Place City Hall
Responsibilities Review check registers and other fiscally related items, act as City’s Audit Committee and meet &
consult with auditors annually prior to the
initiation of the audit, review all findings discussed
in the audit report
Rev. 11/23
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY
Meeting Time 9:30 A.M.
Meeting Dates Board meetings – 2nd Thursday of month
Committee meetings - noon on Wednesday,
8 days prior to board meetings, as needed
Meeting Place Transportation Corridor Agency
125 Pacifica, Suite 100, Irvine, CA 92618-3304
P.O. Box 53770, Irvine, CA 92619-3770
(949) 754-3400
Responsibilities Represent City and conduct business of the Authority
Compensation $120.00 per meeting (maximum 18 meetings per quarter) plus mileage
LEAGUE OF CALIFORNIA CITIES – OC DIVISION
ORANGE COUNTY CITY SELECTION COMMITTEE
Meeting Time Varies
Meeting Dates: As needed. Normally in May and November, unless a special meeting is scheduled.
Meeting Place Varies
Information The City Selection Committee is made up of all mayors from all 34 cities in OC and their purpose is to appoint people to Boards, Commissions and
Committees.
ORANGE COUNTY COUNCIL OF GOVERNMENTS
Meeting Time 10:30 A.M. – 12:00 P.M.
Meeting Dates 4th Thursday of the month (Board Meeting) Meeting Place OCTA Headquarters, Conference Room 154
600 S. Main Street, Orange, 92868
Responsibilities Attend meetings and report to Council
Composition Public agencies, cities & special districts in OC
Rev. 11/23
ORANGE COUNTY FIRE AUTHORITY
Meeting Time 6:00 P.M.
Meeting Dates 4th Thursday of month (Board Meeting)
Meeting Place OCFA Headquarters
1 Fire Authority Road
Irvine, CA 92602
(714) 573-6042
Compensation $100.00 per meeting/per day
(maximum $300.00 per month)
ORANGE COUNTY MOSQUITO & VECTOR CONTROL DISTRICT
Meeting Time 3:00 P.M.
Meeting Dates 3rd Thursday of month
Meeting Place 13001 Garden Grove Blvd, Garden Grove
(714) 971-2421, ext. 112
Responsibilities Board of Trustees oversees business of District Information Trustee elected for 2 or 4 year term. Current trustee’s two-year term expires January, 2023.
Compensation $100.00 per meeting (maximum $1,200 per
year)
PLACENTIA YORBA LINDA UNIFIED SCHOOL DISTRICT
Meeting Time 7:00 P.M.
Meeting Dates 2nd Tuesdays monthly but varies
Meeting Place PYLUSD Board Room
1301 E. Orangethorpe Ave., Placentia
Information Liaison between City and PYLUSD. Attend
Board meetings as necessary.
Rev. 11/23
SANTA ANA RIVER FLOOD PROTECTION AGENCY (SARFPA)
Meeting Time 4:00 P.M.
Meeting Dates 4th Thursday in January, March, May, June, July, September, and November
Meeting Place Orange County Water District, Rm. C-3
10500 Ellis Avenue, Fountain Valley
(714) 834-5142
Information Notices will be sent prior to meetings.
Full Commission meeting twice yearly.
Executive Committee meets selected months.
TRAUMA INTERVENTION PROGRAM
Meeting Time 8:30 A.M. - 10:00 A.M.
Meeting Dates TBA
Meeting Place Orange County Fire Authority Headquarters 1 Fire Authority Road, Irvine
(714) 314-0744
Responsibilities Attend quarterly meetings and advise TIP staff on ways to improve services provided to the
cities
YORBA LINDA CHAMBER OF COMMERCE
Meeting Date s Board Meeting – 3rd Wednesday of the month, 8:00 A.M. at Community Center, Yorba Linda
Network Connection – Every Tuesday,
11:30 A.M. – 1:00 P.M. Black Gold Golf Club
Meeting Place Chamber of Commerce Office
4801 Park Avenue, Yorba Linda
(714) 993-9537
Responsibilities Liaison between Chamber and City Council
Rev. 11/23
YORBA LINDA WATER DISTRICT
Meeting Time 8:30 A.M.
Meeting Dates 2nd and 4th Thursdays of month
Meeting Place Yorba Linda District Office Board Room
1717 E. Miraloma, Placentia
(714) 777-3018
Responsibilities Attend Board meetings as necessary
YLWD/CC JOINT ADVISORY COMMITTEE
Meeting Time 4:00 P.M.
Meeting Dates Quarterly
Meeting Place City Hall
Information Discuss issues of common interest, projects within community and other related matters
ORDINANCE NO. 2009- 928
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YORBA
LINDA CONCERNING CITY COUNCIL MEMBER APPOINTMENTS TO
REGION ENTITIES
THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 2. 04 of the Yorba Linda Municipal Code is hereby amended to add a new Section 2. 04. 210 to read as follows:
2. 04. 210 City Council Member Appointments to Regional Entities.
A. The agenda for the City Council' s regular meeting for the first Tuesday of each December shall contain a staff report under Mayor' s update listing all positions held by Council Members on regional entities and the dates, times and locations of the entities' meetings and the amounts paid for meeting attendance. At the meeting the Mayor shall ask Council Members to state whether they are available and desire to serve a particular entity on the list.
B. The Mayor shall then consider the experience, special skills and workload of each Council Member and prepare written recommendations for presentation as a staff report at the next regular City Council meeting. The appointments shall be affirmed by a majority vote by the City Council."
Section 2. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.
Section 3. Effective Date. This ordinance shall take effect thirty days after its adoption.
The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 17th day of March, 2009.
MARKSCHVAG, MAYO
CITY OF YORBA LINDA
ATTEST:
bow
KATHIE M. MENDOZA, CITY CLERK "
CITY OF YORBA LINDA
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
CIN ATTORNEY
ORDINANCE NO. 2009-928
PAGE NO. 2
STATE OF CALIFORNIA )
SS.
COUNTY OF ORANGE )
I, KATHIE M. MENDOZA, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 17th day of March, 2009, and was carried by the following roll call vote:
AYES: COUNCILMEMBERS: - ANDERSON, HORTON', RIKEL, SCHWING, WINDER NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
KATHIE M. MENDOZA, CITY CLERK
CITY OF YORBA LINDA
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: DECEMBER 5, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID BRANTLEY, COMMUNITY DEVELOPMENT DIRECTOR
BY: NATE FARNSWORTH, PLANNING MANAGER
SUBJECT: HOUSING ELEMENT WORKSHOP
RECOMMENDATION
It is recommended that the City Council direct staff to submit the draft revised 2021-2029 Housing Element to the State Department of Housing and Community Development (HCD) for review.
BACKGROUND
The Housing Policy Resident Working Group
The failure of Measure Z in November 2022 left the City on a pathway toward losing its conditional certification of its Housing Element, which would have other potentially negative impacts on overall land use policy in the City. In an effort to evaluate next steps and to expand overall resident engagement on this important and complex housing policy issue, the City determined that a robust and extended resident engagement effort with a broad swath of residents would be helpful; hence, the idea of forming a grass-roots group of residents (i.e., a Working Group) to study this issue and formulate potential solutions began to take shape early last summer.
The City Council gave no mandate pertaining to the Working Group. City staff’s concept was to talk directly with residents about the background, policy choices and tradeoffs of land use policy, and to listen deeply to their ideas and suggestions for how to best address land use in the future of Yorba Linda. Additionally, the hope was to start with a group of residents who were willing to dedicate several hours to discussion and learning in order to gather effective feedback that recognized the policy challenges in addition to general resident sentiment.
From mid-May to late June 2023, the City convened six meetings with a "Housing Policy Resident Working Group" made up of 17 residents representing the City’s diverse geography. Monday, June 26th, was the conclusion of six meetings with this group. On July 18, 2023, staff presented a detailed report summarizing the conclusions and recommendations of the Working Group at a regular City Council meeting. The City
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Council directed staff to expand this work effort and present the recommendations and housing plan suggestions to the broader general public for additional public input.
DISCUSSION
The Housing Element adoption process and the process of revising the Housing Element has involved an extensive, formal public outreach process. The City has engaged in one of the most robust, communitywide outreach programs in recent history to garner feedback from all members of the community. Since the conclusion of the six Working Group meetings, the City has conducted seven public workshops related to this topic with approximately 375 attendees (not including staff and Working Group members) among all sessions.
September 14 – Virtual Q&A Session – Over 60 attendees participated in this event and the recorded webinar is also available on the City’s new Housing Element website.
October 5 – In-Person Workshop at East Lake Village Association (Central Location) with approximately 50 attendees.
October 7 – In-Person Coffee and Housing Policy Chat in Savi Ranch with approximately 15 attendees.
October 10 – In-Person Workshop at Travis Ranch School (East Location) with approximately 50 attendees.
October 12 – In-Person Workshop at Community Center (West Location) with approximately 75 attendees.
October 25 – In-Person Workshop with the Planning Commission with over 120 attendees.
November 4 – In Person Housing Policy Chat in the Bryant Ranch Shopping Center with only 6 attendees.
Prior to launching the workshop series, the City sent a direct-mail, three-color postcard invitation to every mailable address in the City. Communication from the City has included:
A dedicated informational website (www.YLLocalControl.com) A recorded "webinar" and a recorded live workshop meeting (see www.YLLocalControl.com/Workshops)
Direct mail piece mailed to every mailing address in the City announcing five of the seven public workshops. Two additional workshops were planned after the postcard was mailed to accommodate additional public engagement opportunities. Social media posts and advertisements.
Educational videos.
Countless phone calls and meetings with individuals/small groups desiring to learn more about the Housing Element.
Informational brochures were prepared and distributed at these meetings.
Following the July 18th City Council meeting, and through the broader public input process, staff fielded many questions, comments and suggestions from residents. Some of these included requests to modify the revised Housing Sites Inventory from what was originally
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recommended by the Working Group. At the October 25
th Planning Commission workshop,
however, staff did not recommend any deviations from the original recommendations provided by the Working Group. In their review, the Planning Commission applauded the resident-driven planning process that had been undertaken and expressed support for the Working Group’s suggestions and recommended revisions to the Housing Element; however, due to the number of public comments and concerns received at the Planning Commission meeting, particularly in relation to proposed housing sites along the north side of Bastanchury between Plumosa and Eureka, the Planning Commission wanted to provide the Working Group with an opportunity to weigh in on the comments that had been shared and provide any final recommendations to staff before the City Council considered the revised Housing Element. Accordingly, the Working Group reviewed the expressed concerns and recommended changes from the Planning Commission workshop and reached consensus to support the following modifications to their original recommendations:
1. Site S3-203 Revisions (Bastanchury Site)
a. Remove the three properties (former CRK stable, Carmona and Gran properties) at the northeast corner of Bastanchury and Plumosa (approximately 2.6 acres) from Site S3-203. These three property owners are all supportive of having their properties removed from rezoning. b. Reintroduce Site S3-210 (Shinyo-En USA) located at 18111 Bastanchury Road as a housing site subject to the Congregational Lands Overlay. This would shift 105 units from Site S3-203. Historically, this site has not been an area of concern to be included as a housing site.
c. Reduce the remainder of Site S3-203 from 10 dwelling units per acre to a density of 4-5 dwelling units per acre and cap the total number of units assigned to this site to no more than 89 units. Staff has confirmed that there is support from key stakeholders surrounding this site for this proposed revision.
2. Site S5-008 Revisions (Fairmont Site)
a. It was recommended during the public workshops that Site S5-008 be slightly modified as originally recommended by the Working Group. The proposed number of housing units assigned to this site would remain at 30 units; however, the proposed zoning for the site is being recommended to be changed to ensure that the General Plan and Zoning Code are consistent with each other. These changes are reflected in the redlined Housing Element included as Attachment 1.
3. Site S7-001 Comments (Bryant Ranch Center)
a. General concerns are still being raised about traffic, wildfire risk and emergency evacuation from residents on the east side of the City. Similar concerns were raised during the City’s public outreach process, which is why this site was deferred for further consideration and was not included as a part of the 2022 Measure Z initiative. The Working Group recommended reducing this site by over 70% in comparison to the plan previously recommended by the City, or to a total of 78 market-rate housing units with a two-story height limit. The Planning Commission and the Working Group do not support any further reduction in the number of units assigned to this site. b. The City has also recently received a number of questions and concerns about a petition that is being circulated to modify the zoning at the Bryant Ranch
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Center. At the November 21, 2023, City Council meeting, Mayor Gene Hernandez made the following statement to clarify that this petition drive and potential related future ballot measure is a private property owner-sponsored effort, separate and unrelated to the City’s Amended Housing Element:
“A lot of residents have approached me with concerns about a petition that is going around our community related to increasing the zoning at Bryant Ranch Shopping Center. You may have seen signature gatherers at local grocery stores and going door-to-door. So I wanted to take a couple
moments tonight to clarify a few points and hopefully
empower our residents with information.”
“First, this City Council is not involved with advancing this petition or the effort. Indeed, the property owner chose to bypass the City Council and go direct to residents to seek an increase in zoning for residential units on the shopping center property. Any claims that the City Council endorses this effort are incorrect.”
“Second, it is the right of the owner to use Measure B to modify the zoning on his property through the ballot initiative process.
The City cannot, and will not, use any public resources to support or oppose the effort. We can provide public
information–as I am doing right now. So you won’t see City staff using resources to tell residents if they should sign a petition or, potentially, how to vote on a future measure that would affect the zoning specific to Bryant Ranch.”
“Third, with that said, as council members and Yorba Linda residents, we are allowed to have free speech and share our viewpoints with residents. So you may see us share our
thoughts on social media or in other formats that we are comfortable expressing ourselves.”
“I strongly encourage residents to understand this dynamic situation and to understand what they are being asked to sign when approached to sign a petition. Be informed. Ask
questions. Talk to your fellow neighbors. These issues impact the community we all love.”
4. Site S6-020 Comments (Savi Ranch)
a. The City has also received numerous comments from the Bryant Ranch area through a form letter expressing opposition to allowing “up to 600 high-density housing units in Savi Ranch.” Despite numerous efforts to meet with these residents and invite them to participate in discussions related to the Housing
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Element, staff has only been able to engage with a small number of them. The Planning Commission and the Working Group have not been supportive of further reducing the number of housing units assigned to the Savi Ranch area. b. Based on comments that have been received by the City through an automated, preformatted letter sent via email, many Bryant Ranch area residents appear to simply oppose the State housing mandates and want the City to fight the State. This topic regularly comes up in public comments and the City’s Housing Element website (https://yllocalcontrol.com) has a section dedicated to explaining the City’s efforts to challenge these mandates, as well as address many other frequently asked questions. For example, Yorba Linda is a member of the Orange County Council of Government (OCCOG), which has sued the State over the RHNA number issued to the Southern California (SCAG) region. Unfortunately, this case lost at the trial court and appellate court levels and the California Supreme Court refused to even take up this case. Additionally, the City of Huntington Beach is on the front line of challenging the State and the Attorney General. Most recently, a Federal judge dismissed the City’s case, paving the way for the State’s lawsuit against the City of Huntington Beach related to not having a compliant Housing Element to move forward. The viability of those remaining lawsuits winning and reducing the incursion of state mandates does not look favorable for cities. As was noted during a discussion at the Working Group, many of the judges that are hearing these cases have been appointed by the very people who are pushing these mandates. Unfortunately, this does not indicate a reasonable probability of success with lawsuits. Preliminary results have certainly broken in favor of the State and housing advocates and not local governments.
Next Steps
Below is a tentative outline of the next steps for education and outreach around the City's revised Housing Element Plan:
Dec 2023 - Apr 2024 — HCD Review Complete (assumes two rounds of review — 120 days)
Apr 2024 — Traffic Commission Review
May 2024 — Planning Commission Review
Jul 2024 — City Council Policy Direction and Ballot Measure Resolution Aug - Nov 2024 — Voter Outreach and Education Information Nov 2024 — Ballot Measure Vote
Staff is recommending that City Council direct staff to submit the revised 2021-2029 Housing Element to HCD for their formal review. HCD will take no more than 60 days to review the City’s revised Housing Element and provide feedback. HCD could determine that the revised Housing Element is in substantial conformance with State Housing, which would allow the City to move forward with formal adoption of the General Plan and Zoning Code Amendments necessary to implement the draft revised Housing Element. If HCD determines
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that the draft revised Housing Element is not in substantial conformance with State law, then the City will need to make further revisions and resubmit to HCD for another 60-day review.
ATTACHMENTS
1) Draft Redlined 2021-2029 Housing Element
Adopted February 9, 2022
DRAFT AMENDMENT
November 2023
City of Yorba Linda
Community Development Department
4845 Casa Loma Avenue
Yorba Linda, CA 92885
TABLE OF CONTENTS
SECTION PAGE
I. Introduction
C. Public Participation.......................................................................................I-1 C1. Community Outreach for Housing Element Amendment ............................. II-7 II. Housing Constraints
A. Governmental Constraints..........................................................................III-1 III. Housing Resources
A. Availability of Sites for Housing ................................................................. IV-1 V. Housing Plan
C. Programs................................................................................................... V-1 Appendices
B. Affirmatively Furthering Fair Housing
C. Residential Sites Inventory
E. Housing Policy Resident Working Group Report
LIST OF TABLES
SECTION PAGE
Housing Resources
IV-1 Potential Housing Units During 2021-2029 Planning Period ................................ IV-2 IV-2 Housing Element Rezone Sites ......................................................................... IV-10 IV-3 Examples of Housing on Congregational Land .................................................. IV-14 IV-4 Development Potential on Religious Congregation Sites ................................... IV-15 IV-5 Development Projects and Trends ..................................................................... IV-19 Housing Plan
V-3 Milestone for Housing Element Adoption, Rezoning and Measure B Election ...... V-10 V-4 Summary of Fair Housing Issues and Actions for Mitigation ................................ V-19 V-5 Housing Program Summary 2021-2029............................................................... V-27 V-6 2021-2029 Quantified Objectives ........................................................................ V-32
2021-2029 HOUSING ELEMENT I-1 INTRODUCTION
I. INTRODUCTION
C. PUBLIC PARTICIPATION
The City of Yorba Linda solicited input from the
public throughout the Housing Element update
process. As required by State law, all economic
segments of the community were provided an
opportunity to review and comment on the
Housing Element. As part of the development of
the Housing Element, which also requires
revisions to the Safety Element, the City
implemented the following public outreach
program and received the following feedback,
with more detailed summaries provided in
Appendix D of the Element. References have
been added to indicate how public comments have been addressed within the Housing Element.
Housing Element Website: A City website specifically for the Housing Element update was established to provide: 1) an
overview of the Housing Element
process; 2) FAQs; 3) review of the
City’s housing accomplishments;
4) allow for citizen input on
potential housing sites and to
provide other comments to the
City; and 5) to announce future
events (i.e., workshops, survey).
In addition, presentations from public outreach meetings were available for viewing, and documents related to the Housing Element were linked to the website, including the results of the Housing Element and Senior Needs surveys. This is the webpage link:
Yorba Linda | Https://www.ylhousingelementupdate.com | United States Public Workshops before City Council and Planning Commission: The City held a series of public workshops before the City Council and Planning Commission throughout development of the Housing Element.
• On October 20, 2020, the City Council and Planning Commission held a joint workshop to kick off the Housing Element update. Staff from the State Department of Housing and Community Development (HCD) provided an overview of new requirements and responded to questions. • On February 24, March 24, April 28, June 9, July 14 and July 28, 2021, the Planning Commission conducted workshops focusing on development of the Housing Element sites inventory.
Candidate housing sites were ranked high, medium and low based upon site eligibility, known constraints, property owner interest, and other factors. The public was notified and provided the opportunity to comment at all the workshops.
Public Outreach & COVID-19
Outreach for the sixth Cycle Housing
Element was challenging because much
of the update process occurred during the
COVID-19 pandemic. Restrictions on
public gatherings prevented the city from
holding traditional public workshops.
Instead, the city utilized online
engagement tools, including a community
survey, virtual community workshops and
stakeholder meetings, and online
documents to provide opportunities for the
community to share their feedback.
2021-2029 HOUSING ELEMENT I-2 INTRODUCTION
• Finally, on August 3, 2021, staff presented the draft Housing Element sites inventory to City Council, providing an opportunity for comment prior to integrating in the draft Housing Element and submitting to HCD for review.
Many public comments provided at the public workshops pertained to understanding the City’s requirement to upzone properties, how the change in zoning would impact the existing use of the property, and what this would mean for property owners. Staff explained the proposal to establish Mixed Use and Affordable Housing Overlays instead of blanket upzoning, allowing property owners the ability to develop under the base zone district or take advantage of incentives to develop under the Overlay zone. Residents also expressed support for the facilitation of ADUs, reflected in the Housing Element program to promote ADUs through fee waivers, pre-approved construction plans, and promotion through handouts and an ADU website page. Questions were also asked about how the Measure B vote work for the rezone sites; a timeline with key milestone for the Measure B election is included under the Housing Opportunity Site and Rezone Program.
Workshop with Religious Congregations: On January 26, 2021, the City hosted a meeting with its local religious congregations to discuss the City’s Housing Element update. Staff partnered with an organization called Making Housing Happen, which focuses its efforts on working with local churches to consider housing opportunities on underutilized portions of their property. One of the ideas discussed was the creation of a congregational housing overlay zone, which could potentially allow for housing to be built on religious sites. Staff invited the 37 religious’ congregations from Yorba Linda and had nearly 20 participants in attendance representing 12 different congregations. The concept was well-received and several congregations that were unable to attend the meeting requested additional information. The meeting was recorded and has been made available upon request to the other congregations.
Property Owner Workshop: On June 2, 2021, staff conducted a hybrid in-person/virtual stakeholder meeting with property owners of all previously identified candidate housing sites at the Yorba Linda Community Center. The focus of the meeting was to explain the purpose of the Housing Element, RHNA, and the housing sites inventory. Over 250 invitations were sent out and nearly 100 individuals participated in the meeting. Staff invited all the property owners to reach out individually to staff to share their level of interest in participating as a candidate housing site, resulting in dozens of follow up meetings with property owners to discuss their specific sites.
Housing Element Surveys: In October 2020, the City released an online survey for Yorba Linda residents to provide input on what they see as the community’s most important housing needs and to provide feedback on their preference for various policy options. The survey consisted of nine questions, with a link to a GIS web map to allow respondents to identify specific locations the City should consider as potential housing sites. The survey was posted on the City website for approximately four months, with a link advertised in the City’s eNews, on the City’s website, and on the City’s social media accounts (i.e., Facebook, Instagram, Twitter). The City received 105 responses to the survey, which closed on January 28, 2021.
The following summarizes some of the primary input received from the housing needs survey, with the complete survey results included in Appendix D. • The following were identified as the top three housing priorities (out of 6):
2021-2029 HOUSING ELEMENT I-3 INTRODUCTION
- Encouraging the maintenance and rehabilitation of housing in older neighborhoods (Addressed in the following HE Programs: Residential Rehabilitation, Community Preservation and Abatement, Multi-family Acquisition and Improvement) - Establishing special needs housing for seniors, persons with disabilities and veterans (Addressed in the following HE Programs: Affordable Housing Overlay, Zoning Text Amendments for Special Needs, Housing Opportunities for Persons Living with Disabilities) - Focusing new housing within existing developed areas and/or cluster/compact housing in order to preserve surrounding open space (The HE sites inventory focuses exclusively in infill areas)
• The following were identified as the top two housing development strategies (out of 4):
- Encourage new multi-family housing on existing infill sites with access to existing infrastructure (The HE sites inventory focuses exclusively in infill areas) - Provide incentives to increase the production of accessory dwelling units (Addressed in the following HE Program: Promote Accessory Dwelling Units) • The following were common write-in comments on strategies to create more housing opportunities:
- Provide for residential/commercial mixed use (The HE creates new Mixed-Use Overlay) - Provide additional residential infill in Savi Ranch (Several housing sites have been identified in Savi Ranch)
- Provide ADUs for family members or adult children of Yorba Linda residents (Addressed in the following HE Program: Promote Accessory Dwelling Units) - Don’t build near hillsides due to fire dangers and need for adequate emergency evacuation routes (The HE sites inventory focuses exclusively in infill areas) - Overall concerns about housing growth and future traffic congestion (The HE site inventory for RHNA is intended to disperse housing growth throughout the City to limit impacts in any given area)
In order to solicit input from one of Yorba Linda’s most vulnerable populations – senior citizens – the City conducted a Senior Housing Needs survey. This survey was distributed in the following ways:
- Posted on the City website under “City News”;
- Posted on the Housing Element Update webpage;
- Published in the quarterly printed newsletter for Summer 2021; - E-mailed to the Parks & Recreation distribution list of approximately 2,200 people 55 years and older (residents and non-residents); and
- Hard copies distributed at the Senior Center between March 29 and April 9 during the Senior Lunch Program, the drive-thru grocery program, recreational classes and the coffee socials.
A total of 72 seniors completed the Housing Needs Survey, with 60 responding electronically and 12 submitting written responses. A majority of respondents provided email contact information so the City could provide them with housing information in the future, including information on how to add an accessory dwelling unit to their properties. Highlights of the survey responses include:
- 45% of respondents visit the Senior Center and/or receive the Senior Bulletin
2021-2029 HOUSING ELEMENT I-4 INTRODUCTION
- 91% did not think adequate information was provided about housing programs for seniors such as senior housing, rental assistance, and help with housing maintenance - On scale of 1-5 (5 being highest), additional affordable senior housing in Yorba Linda, and having senior housing near medical facilities and shopping centers received the highest average score of 3.8.
- 25% of respondents would like information on how to provide an ADU on their property (staff has followed up with these individuals)
Noticing of Workshop and Study Sessions: Noticing for the public workshops and stakeholder meetings were advertised through a display ad in the local newspaper, posted on the City website, and advertised on the City’s social media channels. The City also maintained a stakeholder interest list who received email notification of all meetings, and were directly notified of the availability of the draft Housing Element for review over one week prior to its submittal to the State Department of Housing and Community Development (HCD). This stakeholder list included local housing service providers and housing advocacy organizations, property owners of candidate housing sites, as well as any residents or other stakeholders interested in the Housing Element.
Public Review of Housing Element
The Draft Housing Element was made available for public review on the City’s website starting on August 27, 2021. The City received four comment letters on the Draft Element, and has considered and as deemed appropriate, addressed these comments in the Element.
The following summarizes some of the key comments received and how they are addressed:
• The Element needs to provide additional evidence as to why non-vacant sites can be expected to redevelop within the planning period. (Additional supporting evidence has been added to the sites analysis to justify these conclusions, including trend data showing redevelopment of non-vacant land to residential; the strong market for residential as evidenced by development on all its prior Housing Element sites; and indications of property owner interest in development. The creation of various zoning overlays with regulatory incentives and by-right development opportunities are anticipated to render the 6th cycle Housing Element sites very attractive for development.
• The Element’s projections of future accessory dwelling units exceed past performance and should be revised downward. (The City has revised its ADU projections downward from 137 to 50 ADUs per year. The City approved 27 ADU permits in 2021, an increase of 65% over the previous average three-year history from 2018-2020. Based on the growth trends over the past three years (2019-2021), the City anticipates approving 50 ADU permits in 2022.
Program actions set forth in the Housing Element to provide fee waivers, pre-approved plans, ADU promotion and outreach, and a potential ADU development assistance program for rentrestricted units will further bolster ADU production, making the City’s projections for 50 ADUs/year realistic and achievable. Additionally, the Element includes a specific commitment to conduct a mid-cycle review of ADU production and affordability). • The City’s shortfall in addressing its lower and moderate income RHNA during the 5th cycle Housing Element indicates that the City’s affordable housing policies have not been effective in incentivizing and producing affordable housing for lower income households. (As shown in Table V-2 of the Housing Element, during the 5th cycle Housing Element the City met 80% of its RHNA for very low income households, 57% of its RHNA for low income households, and 17% of its RHNA for moderate income households. While falling short of meeting all its
2021-2029 HOUSING ELEMENT I-5 INTRODUCTION
affordable housing needs, the City’s progress received a B grade in the Southern California News Groups’ third annual permit report card published in November 2021, exceeding the County’s overall grade of C. The 6th cycle Housing Element establishes meaningful incentives and opportunities to help the City meet its affordable housing goals). • The Affirmatively Furthering Fair Housing Analysis (AFFH) doesn’t provide adequate recommendations on how the City will address contributing factors to fair housing issues, or provide sufficient reforms to promote integrated neighborhoods. (Further analysis has been conducted with regards to the following: Patterns of Segregation and Integration; Racially or Ethnically Concentrated Areas of Affluence; Access to Opportunity; and Displacement Risk.
Additional concrete actions with specific metric and milestones have been added to address identified contributing factors, including implementation of SB 9 that will open up single-family zoned neighborhoods to up to four units on an existing parcel).
The City received the State Department of Housing and Community Development’s (HCD) written comments on the draft Housing Element on October 26, 2021, and made substantive revisions to the Element in response to the State’s comments, resubmitting a revised Element to HCD on December 8th. The revised Element was made available to the public through direction notification of individuals previously providing written comments and other stakeholders and posting the Element on the City’s website. Two additional comment letters were received on the revised draft Housing Element. The following summarizes these comments and provides responses to each:
• Yorba Linda also assumes every church will build affordable housing. They need evidence that the churches are interested in affordable housing. The City has a significant number of churches that have not been included in the housing sites inventory (refer to Table IV-4 for a complete inventory). The Housing Element only includes those churches that have expressed an interest in having their property rezoned in order to have the ability to provide housing on their properties. This is an emerging trend and we will likely see a significant number of housing units built on church sites over this housing cycle throughout the state. • Several of the Housing Element sites do not appear realistic for development within the 8-year planning period.
S6-015 is a well function new looking commercial building and that is looking for tenants. Staff has spoken with the property owner and they are interested in being included in the rezone effort as a viable option for their future plans with the property. A residual land analysis conducted in December 2021 shows the property owner could obtain a higher rate of return by selling the property under the AHO zoning as opposed to leasing the structure.
S6-026 This extended stay is a 3-story hotel in great condition. This property has a history of code violations and the existing use is undervalued relative to the value of the land. The immediately adjacent Old Canal Road Annex and nearby Mitsubishi site are both examples of the City rezoning for multi-family residential and subsequent redevelopment with housing.
Several other property owners along this portion of Savi Ranch have inquired about residential redevelopment opportunities.
S5-008 This is a steep mountainside. While possible to build on it, a significant portion of the land would be unbuildable. While a portion of this site is not developable, the City Zoning Code allows for density averaging, resulting in higher densities on the portions of the site that are developable. There is strong interest from developers on this site.
S4 -204A and 204 B This is a single-family home. Since identifying these parcels on the list of Housing Element Sites, staff has received significant interest from developers interested in potential development opportunities.
2021-2029 HOUSING ELEMENT I-6 INTRODUCTION
S1-200 It is not realistic to think that 12 different single-family homeowners will sell their homes to the same developer to build housing. Staff has been meeting with these property owners and the majority are supportive of the rezone effort and associated development opportunities.
Yorba Linda’s recent experience with multiple single-family property owners willingly selling their homes for development of the 51-unit Brandywine Project shows that the economic benefits are such this can and will likely happen.
S4-200 They propose adding 2 single family homes with no evidence the owners are interested. The City purchased these two parcels for the purposes of expanding the adjacent Altrudy Lane affordable senior housing project. The City is under contract with C&C Development for 40 affordable senior units on this site, pending approval of the rezoning under the Measure B election in November 2022.
S4-205 They are proposing a site with maybe 30 different owners. The City is not proposing 30 units on one site. The Yorba Linda Town Center Specific Plan allows for the addition of one unit on each existing parcel in the City’s Historic District, providing housing in walking distance of commercial.
• The City’s requirement for design review and parking for SB 9 lot splits is inconsistent with State law. SB 9 allows jurisdictions to establish written, objective design review standards for SB 9 housing developments, which the City has done. There are some specific situations where the City is requiring Design Review, such as when an SB 9 housing development proposes to be established on a lot with non-conforming uses or development standards or when the proposed housing development creates inadequate water/sewer capacity, or creates significant traffic flow or public safety concerns. Design Review is not typically required for SB 9 housing developments and urban lot splits. Furthermore, SB 9 allows for jurisdictions to require a minimum of one parking space for each SB 9 unit unless the parcel is located within a half-mile of a high-quality transit corridor or major transit stop, or when there is a car share vehicle located within one block of the parcel. Therefore, the City’s parking standards and design review requirements are consistent with SB 9.
The City received a second review letter from the State Department of Housing and Community Development (HCD) on the revised draft Element on February 4, 2022. The City made refinements to the Element to address the few outstanding issues, and made the revised Element available on its website beginning on February 7th. Notification of the availability of the revised Element was provided to the City’s list of Housing Element stakeholders, along with notification of the City Council public hearing on the Element on February 9
th
. In order to proactively ensure stakeholders representing lower income and special needs households were aware of the opportunity to comment on the revised Element and participate in the public hearing before City Council, the City made telephone contact with the following organizations:
• The Kennedy Commission
• People for Housing/OC YIMBY
• Making Housing Happen
Continued Outreach Moving Forward
To ensure the success of Yorba Linda’s housing policies and programs moving forward, it will be important for the City to continue to engage the community to receive ongoing feedback. The following summarizes some of the outreach to be conducted during the planning period, as presented in the Housing Programs Summary Table V-5:
• Conduct community-wide outreach and education on the proposed rezone sites, the City’s past experience with affordable and mixed income housing, and the Measure
2021-2029 HOUSING ELEMENT I-7 INTRODUCTION
B ballot initiative. Contact housing advocacy organizations including The Kennedy Commission, Making Housing Happen and People for Housing O.C. for potential input and support.
• Conduct fair housing information sessions and utilize social media to expand information on fair housing and tenant/landlord services available through the Fair Housing Council of Orange County, with targeted outreach to tenants, mobile home park residents, and other lower income populations.
• Provide outreach and education to residents on the ADU development process and available incentives.
• Continue to conduct outreach to property owners of Housing Element sites to discuss opportunities for development and lot consolidation.
• Promote affirmative marketing of new affordable housing developments designed to attract renters and buyers of diverse demographics, including persons of any race, ethnicity, sex, handicap, and familial status.
C1. COMMUNITY OUTREACH FOR HOUSING ELEMENT AMENDMENT
The Yorba Linda City Council adopted the 2021-2029 Housing Element on February 9, 2022.
On April 8, 2022, the City received a letter from the State Department of Housing and Community Development (HCD) indicating the adopted housing element was in full compliance with State Housing Element Law. HCD’s finding was based on, among other reasons, the City’s commitment to rezone sites to accommodate its regional housing needs allocation (RHNA).
Yorba Linda has a voter-approved “right to vote” ordinance (known as Measure B) that requires a majority vote of the electorate for major amendments to planning policy documents that increase residential density above the currently allowed density. The rezonings identified in the Housing Element are thus subject to voter approval. In accordance with Measure B’s requirements, the City took a ballot measure (Measure Z) to the community on the November 2022 general election ballot. Measure Z would have approved a change in City zoning to fulfill the commitment of the Housing Element. However, the Measure failed: 7,221 votes (24.77%) Yes to 21,937 votes (75.23%) No.
Housing Policy Resident Working Group
In an effort to evaluate next steps and to expand overall resident engagement on this important policy issue, City staff determined that a robust and extended dive into housing policy with a broad swath of residents would be helpful. The thought was to talk directly with residents about the background, policy choices and tradeoffs of land use policy, and to listen deeply to their ideas and suggestions for how to best address land use in the future of Yorba Linda. The plan was to start with a Working Group of residents who were willing to dedicate time to the discussion and to learning in order to gather effective feedback that recognized the policy challenges in addition to general resident sentiment.
From mid-May to late June 2023, the City convened six meetings with a "Housing Policy Resident Working Group" made up of 17 residents. Participants in the Working Group were
2021-2029 HOUSING ELEMENT I-8 INTRODUCTION
selected by City Staff on the basis of the following criteria: 1) geographic diversity (include representatives from the entire City); 2) had previously engaged or shown interest in housing or other City issues; 3) diverse experiences and viewpoints; 4) reputation for being openminded, thoughtful and collaborative; and 5) no prior service as either an elected or appointed City official.
The Working Group came to a unanimous consensus on six key observations and suggestions for the City Council to consider as it advances a new Housing Element approach for the City:
1. Retaining local control with a November 2024 ballot vote is important.
2. The City should pursue a November 2024 ballot measure to adopt zoning changes, and residents should seriously weigh the consequences if that ballot measure fails.
3. The City should deploy more tools to connect with residents on the need for adopting a Housing Element and perform the education necessary to ensure the public is informed on this complex subject.
4. A resident survey on housing issues could better inform the City’s engagement efforts and should be pursued.
5. The City should leverage Savi Ranch (to a reasonable extent) to create a new residential and mixed-use Downtown-like space for Yorba Linda.
6. That the City should generally view mixed-use development as a positive and make it available where it is appropriate throughout higher density sites in the City.
Based upon numerous voices and viewpoints shared, staff assembled a model plan and presented it to the Working Group. The net result was a more geographically balanced RHNA allocation plan which did not add any new sites other than within Savi Ranch. Although there was some healthy debate about certain elements of the initial model plan, clear consensus developed around specific recommended modifications to the housing sites/rezone plan as a starting point for guiding revisions to the Housing Element for consideration on a future ballot measure in November 2024. The findings and conclusions of the Working Group are reflected in the Housing Policy Resident Working Group Report attached hereto as Appendix E. At their July 18, 2023 meeting, the Yorba Linda City Council unanimously directed City staff to move forward with the Working Group’s recommendations.
Additional Public Outreach
The work of the Housing Policy Resident Working Group was intended as a starting point for public engagement. Because of the informal nature of this group, it created a more natural back-and-forth process and more of a collaborative effort than a traditional large group public hearing offers.
Following acceptance of the Working Group’s recommendations by City Council, the City began engaging in a robust, communitywide outreach program to garner feedback from all members of the community. Formal public hearings and less-formal workshops were conducted to seek broader resident feedback on a potentially revised Housing Element. A variety of communication tools were employed to impart information and solicit resident input, including, but not limited to the following:
• Launch of a dedicated public information portal at YLLocalControl.com
2021-2029 HOUSING ELEMENT I-9 INTRODUCTION
• A recorded "webinar"
• Direct mail piece(s) sent to every household in the city • Social media posts and/or advertisements
• A scientifically valid community survey
• Educational video(s) to summarize the importance of local control and directing people to the website
• Pop-up informational booths at community events
The following meetings in various formats have been conducted thus far, reflecting geographic locations throughout the community. Members of the Housing Policy Working Group were invited to participate in these meetings to help maintain the grassroots, citizendriven approach to the site identification process.
Meeting Type Date and Time Location Number of
Attendees
Virtual Q&A Thursday,
September 14
6 to 8 p.m.
Zoom Line Available at
YLLocalControl.com/Workshops
Approximately
60 In-Person
Workshop 1
(Central)
Thursday,
October 5
6 to 8 p.m.
East Lake Village Association
(Club House)
5325 Village Center Drive
Approximately
50 Coffee & Housing
Policy Chat
Saturday,
October 7
9 to 10:30 a.m.
Monarch 9 Cafe (Patio)
22755 Savi Ranch Parkway
Approximately
15 In-Person
Workshop 2 (East)
Tuesday,
October 10
6 to 8 p.m.
Travis Ranch School
(Multi-Purpose Room)
5200 Via de la Escuela
Approximately
50 In-Person
Workshop 3
(West)
Thursday,
October 12
6 to 8 p.m.
Community Center
(Yorba Room)
4501 Casa Loma Avenue
Approximately
75 Planning
Commission
Meeting
Wednesday,
October 25
6:30 p.m.
City Hall Council Chambers
4845 Casa Loma Avenue
Approximately
120
Housing Policy
Chat
Saturday,
November 4
11 to 1:00 p.m.
Fantasy Burger
23761 La Palma Ave
6 attendees
City Council
Meeting
Tuesday,
December 5
6:30 p.m.
City Hall Council Chambers
4845 Casa Loma Avenue
TBD
Through the broader public input process, staff has fielded many questions and comments from residents. To date, there have been a variety of requests received to modify the revised Housing Sites Inventory from what was originally recommended by the Working Group and accepted by City Council at their July 18, 2023 meeting. At the October 25th Planning Commission meeting, staff did not recommend any changes to the Working Group’s proposed revisions to the Housing Element. The Planning Commission was also supportive
2021-2029 HOUSING ELEMENT I-10 INTRODUCTION
of the Working Group’s recommended revisions to the Housing Element; however, due to a number of public comments and concerns received at the Planning Commission meeting, the Planning Commission wanted to provide the Working Group with one final opportunity to weigh in on any final recommendations before the City Council considers the revised Housing Element. The Working Group has reviewed the proposed changes and there is general consensus support to modify their original recommendation as follows:
1. Site S3-203 Revisions (Bastanchury Site)
a. Remove the three properties (former CRK stable, Carmona and Gran properties) at the northeast corner of Bastanchury and Plumosa (approximately 2.6 acres) from Site S3-203. These three property owners are all supportive of having their properties removed from rezoning. b. Reintroduce Site S3-210 (Shinyo-En USA) located at 18111 Bastanchury Road as a housing site subject to the Congregational Lands Overlay. This would shift 105 units from Site S3-203. Historically, this site has not been an area of concern to be included as a housing site.
c. Reduce the remainder of Site S3-203 from 10 dwelling units per acre to a density of 4-5 dwelling units per acre and cap the total number of units assigned to this site to no more than 89 units. Staff has confirmed that there is support from key stakeholders surrounding this site for this proposed revision.
2. Site S5-008 Revisions (Fairmont Site)
a. It was recommended during the public workshops that Site S5-008 be slightly modified as originally recommended by the Working Group. The proposed number of housing units assigned to this site would remain at 30 units; however, the proposed zoning for the site is being recommended to be changed to ensure that the General Plan and Zoning Code are consistent with each other.
3. Site S7-001 Comments (Bryant Ranch Center)
a. General concerns are still being raised about traffic, wildfire risk and emergency evacuation from the east side of the City. Similar concerns were raised during the City’s public outreach process, which is why this site was deferred for further consideration and was not included as part of the Measure Z initiative. The Working Group originally recommended reducing this site by over 70% in comparison to the plan previously recommended by the City, or to a total of 78 market-rate housing units with a two-story height limit. The Planning Commission and the Working Group have not been supportive of further reducing the number of units assigned to this site.
The above adjustments to the Working Group’s recommendations are reflected in this November 2023 revised draft Housing Element amendment.
2021-2029 HOUSING ELEMENT III-1 HOUSING CONSTRAINTS
III. HOUSING CONSTRAINTS
A. GOVERNMENTAL CONSTRAINTS
1. Land Use Controls
Planned Development (PD) Zone
The Yorba Linda Zoning Code includes a Planned Development (PD) Zone (Chapter 18.16, Article II) to facilitate large scale community planning on parcels two acres in size and larger.
The purpose of the PD zone is to:
• Provide for development of parcels as coordinated, comprehensive projects • Provide for a zone encompassing various types of land uses, such as single-family residential, multi-family housing, office areas, commercial centers, industrial parks or any public or semipublic use or combination of uses
• Facilitate development of infill areas by permitting greater flexibility, and consequently, more creative and imaginative designs
• Promote more economical and efficient use of the land while providing a variety of housing choices, a higher level of urban amenities and preservation of natural and scenic qualities of open spaces
The PD zone provides for clustered, higher density developments above the density ceilings on portions of the property, provided that the overall average density is within the maximum established under the General Plan. Prior to submitting an application for a PD zone, the City encourages applicants to hold preliminary consultations with staff to obtain information and guidance before incurring expense in the preparation of plans, surveys, and other data. A development plan for the property is required to be submitted along with the application for PD zoning, and is subject to City Council approval.
One of the key modifications proposed under the amended Housing Element is to increase the allocation of residential units in the Savi Ranch Planned Development (PD-17) from 200 to 790 units to create a new residential and mixed use Downtown-like space for Yorba Linda, consistent with the City’s 2015 Vision Plan for the area. In order to achieve this goal, the City will amend the Savi Ranch PD to incorporate RM-60 development standards within the PD’s Retail Commercial Subarea, providing increased densities up to 60 units/acre, 5 story residential building heights, and reduced parking. The City will work with its urban design consultant to establish a package of RM-60 development standards designed to facilitate development at the upper end of the density range. The goal will be for City Council to adopt the Plan amendment by August 2024, with implementation contingent upon a successful Measure B vote in November of that year.
Measure B (Yorba Linda Right-To-Vote Amendment): Measure B is a citizen sponsored, voter-approved initiative, incorporated within Yorba Linda’s Municipal Code. This measure was in large part a reaction to the potential development contemplated in the Town
2021-2029 HOUSING ELEMENT III-2 HOUSING CONSTRAINTS
Center/Downtown redevelopment project area. By way of background, in 2003 the City Council adopted the Downtown Master Plan which focused on Main Street revitalization and was widely supported by the community. The City Council subsequently entered into an exclusive negotiating agreement with a developer to implement the Master Plan and develop the downtown area with added commercial space and housing. With the City’s adoption of the Town Center Planned Development Zoning Regulations in December 2005, community opposition mounted as residents didn’t feel the City Council was transparent in permitting 501 housing units and 560,000 square feet of commercial space in the Town Center, along with the Council’s last-minute inclusion of a new planning area (Yorba Station) that hadn’t been vetted with the community or the center owners or merchants. Due to the community’s reaction and under threat of referendum, the City Council subsequently rescinded their approval of the Zoning Regulations and dismissed the developers in February 2006. The same citizens group that opposed the Town Center later formulated Measure B, which was passed by the electorate in June 2006.
Measure B requires a majority vote of the electorate for major amendments to “planning policy documents” that increase residential density above the currently allowed density. These planning policy documents include: General Plan Land Use Element; Land Use Policy Map; Zoning Code; Zoning Map; Specific Plan; or Development Agreement.
Major amendments to these planning policy documents are defined to include any of the following changes to the development standards which:
• Increase the number of residential units which may be constructed on a parcel designated for residential uses
• Increase the number of separate parcels which may be created from an existing parcel
• Changes any residential land use to allow any other land use • Changes any non-residential land use to allow any residential land use greater than ten (10) net dwelling units per acre or allow mixed-use • Increases the allowed maximum height of development
• Provides for the private development of land owned by a government entity within five years of the date of the approval to develop the land • Repeals any of the Planning Policy Documents
Measure B also establishes a maximum height of 35 feet for all structures in the City.
Exempted from the height limit are church steeples, public schools, and other structures exempted by state or federal law.
If there is ever a conflict between Measure B and State law, such that Measure B is preempted, the City would apply State law. For example, if a density bonus award results in a height that violates the Measure B height limit, the City would grant the density bonus and explain in a staff report or resolution that the Measure B restriction on height is preempted.