Agenda packet — Yorba Linda City Council, March 19, 2024 (part 3 of 3)

329-081-09 5540 Kodiak
Mountain Dr 0 NONE Y
343-301-05 18116 Heather Wy 0 NONE Y SCAG Affordability Survey 343-341-30 17833 Buena Vista 0 NONE Y SCAG Affordability Survey 351-352-07 20671 Calle de
Ladera Kristoff 0 NONE Y ADU Affordability Survey
350-121-40 20670 Via Amarilla Kim 0 NONE Y SCAG Affordability Survey 348-201-15 5335 Ohio St McAninch 0 NONE Y ADU Affordability Survey 348-201-15 5335 Ohio St 0 NONE Y
351-792-01 21890 Cardiff Dr Chang 0 NONE Y
350-152-26 4700 Via Amante Lundstedt 0 NONE Y ADU Affordability Survey 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0

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Jurisdiction Yorba Linda ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 8 4 20 14 - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 3 3 7 3 - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 2 1 5 3 - - - - - -
Above Moderate 742 - 2 30 2 - - - - - - 34 708
2,415
13 10 62 22 - - - - - - 107 2,308
5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date Total Units
Remaining
383 - - - - - - - - - - 383
VLI Deed Restricted
VLI Non Deed Restricted
435
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
446
46 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
11 Moderate
765
451
457
Please contact HCD if your data is different than the material supplied here 16 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
719

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Jurisdiction Yorba Linda ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C

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Jurisdiction Yorba Linda
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation

1. Residential
Rehabilitation
Assist 10 households annually, or 80
over the 2021-2029 period. 2021-2029 In 2023, the City assisted 17 households through its residential rehabilitation program for a total of 40 households during the reporting period.

2. Housing Community
Preservation and
Abatement
Continue to operate the Community
Preservation Program. 2021-2029 The City continues to operate the Community Preservation Program.

3. Multifamily Acquisition
and Improvement
Identify deteriorated apartments, and
reach out to property owners and nonprofits at least twice during the planning period to identify opportunities and to
secure funds to acquire & rehabilitate
units. Assist in preparing applications
for funding.

Annually monitor the
availability of LIHTC to
determine funding
feasibility for acq/rehab
projects. Reach out to nonprofits at least twice
during planning period.

Most affordable housing developers, owners, builders recognize the process and that RDA’s no longer have housing monies for gap financing; however, the City will reach out to non-profits at least twice during the planning period.

4. Section 8 Rental
Assistance
Continue current levels of Section 8;
Outreach to landlords to encourage their
participation.

Landlord outreach 2022-
2023
The City continues to offer Section 8 through the County and will continue outreach to landlords to encourage their participation.

5. Affordable Housing
Development Assistance Provide incentives to foster housing development assistance.
2021-2029
Transfer land to OHDC in
2023.

Contact owners of Bryant
Apts in 2022 re: est. rent
restrictions.

The City has not yet to transfered land to OHDC since Measure Z failed in November 2022. OHDC will close escrow on the property once zoning is in place.

The City made contact with The Bryant Apts in 2021 as it relates to the existing affordability requirement.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

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6. Mortgage Assistance
Program
Provide “silent second” loans to at least
5 first time homebuyers. 2021-2029 The City continues to offer this program; however, no new loans were approved in 2022.

7. Sustainability and Green
Building
Implement sustainability policies thru
General Plan, Town Center, and Multifamily Design Guidelines. Educate residents and development community
on Green Building and sustainability
practices.
2021-2029
The City continues to implement sustainability policies thru General Plan, Town Center, and Multi-family Design Guidelines and to educate residents and development community on Green Building and sustainability practices.

8. Housing Opportunity
Sites and Rezone Program
1) Conduct public hearings and adopt
Housing Element; 2) Prepare and adopt
new housing overlay zones; 3) Conduct
Measure B vote on rezone sites; 4)
Rezone sites accordingly, and process
ministerially consistent with
requirements under Government Code
section 65584.09.

Complete Measure B
rezoning in Nov 2022. If
shortfall in sites to meet
RHNA, conduct outreach
on alternative site options
(2023); amend Element for
HCD review by early 2024;
conduct 2nd Measure B
vote in Nov 2024.

The City Council approved the rezoning of 20 Housing Element sites contingent upon voter approval as required by the Yorba Linda Right-to-Vote Amendment (also known as Measure B). The City Council authorized Measure Z to be included on the November 2022 General Election. Measure Z was defeated 75% to 25%. Consistent with the Housing Element, the City spent 2023 revising the Housing Element through a robust public outreach process and submitted the draft revised Housing Element to HCD for review in December 2023. 8a. Lot Consolidation
Program
Conduct outreach to property owners in
the Housing Element rezone sites and
adopt a Lot Consolidation Ordinance to
codify available incentives.

Adopt Ordinance in 2022.

Conduct a mid-cycle
review in 2025 and make
modifications as
necessary to promote
housing on small sites.

In June 2023, the City initiated a Zoning Code Amendment to begin work on this ordinance. The City is working with Interwest to assist in this effort.

9. Affordable Housing
Overlay (AHO)
Create AHO to provide incentives for
affordable housing on designated sites.

Adopt Zoning Code
amendment in Spring
2022.

10. Commercial Mixed Use
Overlay
Develop new Commercial Mixed-Use
Overlay
Adopt Zoning Code
amendment in Spring
2022.

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11.Congregational Land
Overlay
Develop new Congregational Land
Overlay and help to connect
congregations with affordable housing
development partners.

Adopt Zoning Code
amendment in Spring
2022. Conduct follow-up
meeting w/h
congregations (2023).

12. Promote Accessory
Dwelling Units
Achieve production of 50 ADUs
annually. Implement Pilot Program to
waive ADU plan check and permit fees.

Research program for funding
assistance for deed restricted ADUs.

Provide pre-approved construction
plans. Promote ADUs through handouts,
simplified forms and website. Conduct
mid-cycle review on production.

Reassess Pilot Program
for fee waivers in 2023.

Provide pre-approved
plans and promotional
materials in 2022.

Research funding
assistance in 2022, and
est. pilot program in 2024
as appropriate. Conduct
reviews in 2024, 2026 &
2028.

The City extended its fee waiver pilot program for ADUs through June 30, 2029.

Since implementing the fee waiver program, the City has seen a significant increase in ADU applications. In 2023, there were 31 new ADU applications approved. Permits were issued for 20 ADUs in 2023, which is a significant increase from 8 ADUs permitted in 2021. Given the economic inflation we've seen over the past several years, it is anticipated that many of the previously approved ADUs from 2021-2023 will pull permits as the economy improves over 2024.

13. Annexation of Areas in
Sphere of Influence
Coordinate with the County and
property owners to potentially annex
Esperanza Hills during the planning
period should the project obtain final
entitlement approval.
2021-2029
The City continues to coordinate with the County and property owners to potentially annex Esperanza Hills during the planning period should the project obtain final entitlement approval.

14. Measure B
Establish overlay zones; rezone sites;
accommodate housing near jobs/
transit.
2021-2029
The City Council adopted the three overlay zones outlined in Programs 10, 11, and 12; however, these were contingent upon voter approval as required by the Yorba Linda Right-to-Vote Amendment (also known as Measure B). The City Council authorized Measure Z to be included on the November 2022 General Election. Measure Z was defeated 75% to 25%. Consistent with the Housing Element, the City spent 2023 revising the Housing Element through a robust public outreach process and submitted the draft revised Housing Element to HCD for review in December 2023.

15. Multi-family
Development Standards
and Processing
Procedures
Implement multi-family development
standards and Design Guidelines to
promote approval certainty, mitigate
development costs and support quality,
sustainable multi-family housing.
2021-2029
The City continues to implement its multi-family development standards and Design Guidelines to promote approval certainty, mitigate development costs and support quality, sustainable multi-family housing.

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16. Affordable Housing
Density Bonus
Comply with density bonus and other
regulatory incentives in conjunction
with discussions with applicants in
accordance with State law.

Update the ordinance in
2022 consistent with
current state statutes.

The City continues to comply with density bonus and other regulatory incentives in conjunction with discussions with applicants. In June 2023, the City initiated a Zoning Code Amendment to begin work on this ordinance. The City is working with Interwest to assist in this effort.

17. Administrative
Adjustment Process
Continue to use the administrative
process for specific adjustments to
residential uses.
2021-2029 The City continues to use the administrative process for specific adjustments to residential uses.

18. Zoning Text
Amendment for Special
Needs Housing
Amend the Zoning Code to support a
variety of housing types for special
needs populations.

Amend the Zoning Code in
2022.

In June 2023, the City initiated a Zoning Code Amendment to begin work on this ordinance. The City is working with Interwest to assist in this effort.

19. SB 35 Streamlining
Create an SB 35 checklist and written
procedures for processing SB 35
applications
Create checklist and
processing procedures in
2022.

The City began working on creating a checklist and processing procedures for SB 35 applications. This should be completed in 2024.

20. Fair Housing/
Affirmatively Furthering
Fair Housing
Refer to objectives in Table V-4 Refer to time frames in Table V-4
The City continues to implement the objectives for affirmatively furthering fair housing per the objectives outlined in Table V-4.

21. Housing Opportunities
for Persons with
Disabilities
Work with OCRC to publicize info on
resources. Pursue State and Federal
funding. Amend the Municipal Code re:
community care facilities of more than
six persons and to expand reasonable
accommodation provisions.

Annually reach out to
developers re: affordable
housing opportunities and
pursue supportive
housing funding. Amend
the Code by 2023.

The City continues to work with OCRC to publicize info on resources. Pursue State and Federal funding. In June 2023, the City initiated a Zoning Code Amendment to begin work on this ordinance. The City is working with Interwest to assist in this effort. The City continues to reach out to developers regarding affordable housing opportunities and pursuing supportive housing funding.

22. Replacement Housing
Program
Update Code to specify replacement
housing requirements consistent with
Government Code 65583.2(g)(3).

Update Code within one
year of Housing Element
adoption
In June 2023, the City initiated a Zoning Code Amendment to begin work on this ordinance. The City is working with Interwest to assist in this effort.

23. Housing for Extremely
Low Income (ELI)
Households
Create off-the-shelf ADU plans, pursue
funding program for deed-restricted
ADUs, amend Code to specify incentives
for ELI housing
Amend Zoning Code in
2022.

In June 2023, the City initiated a Zoning Code Amendment to begin work on this ordinance. The City is working with Interwest to assist in this effort.

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PARKS AND RECREATION DEPARTMENT
DATE: MARCH 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, DIRECTOR OF PARKS AND RECREATION
SUBJECT: ON BILL FINANCING (OBF) FOR THE YORBA LINDA COMMUNTIY

CENTER AND BLACK GOLD GOLF CLUB HVAC PROJECTS

RECOMMENDATION
It is recommended that the City Council:

1. Direct staff not to proceed with On Bill Financing (OBF) for the Black Gold Golf Club and Yorba Linda Community Center HVAC projects.

2. For accounting purposes, appropriate $163,308 from the Special Reserves Fund to the Miscellaneous Grant Fund to clear the receivable from the books.

BACKGROUND
The City of Yorba Linda enrolled with the Southern California Regional Energy Network (SoCalREN) to take advantage of the no-cost services available to help identify and execute energy efficiency projects. SoCalREN performed an audit and analysis to determine potential energy efficiency retrofit projects at City facilities. Replacing the HVAC units at Black Gold Golf Club and the Yorba Linda Community Center were identified as projects with potential significant energy savings. The HVAC systems at both facilities were past their useful lives and significant repair costs were being incurred to keep these systems operational.

DISCUSSION
SoCalREN established that the HVAC projects were eligible for the On-Bill Financing (OBF) program through Southern California Edison (SCE). The premise of the program is that upfront capital requirements are often the greatest obstacle in pursuing energy efficiency retrofit projects. Through this program, the City of Yorba Linda would initially pay for the HVAC units and installation costs, which would then be reimbursed for a large portion of the costs by OBF after the work has been completed. The OBF loans have a 10-year payback period and the annual savings resulting from the new energy efficient HVAC units were anticipated to be equal to or more than the cost of repaying the loan. The City of Yorba Linda was initially approved for an OBF 0% loan for $180,523 for the Black Gold project and

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ON BILL FINANCING (OBF) FOR THE YORBA LINDA COMMUNTIY CENTER AND

BLACK GOLD GOLF CLUB HVAC PROJECTS
P a g e | 2
$142,044 for the Yorba Linda Community Center project. The total cost of the Black Gold HVAC project was $450,624 and the YLCC project totaled $214,500.

Replacement of the HVAC system at the Yorba Linda Community Center was completed in 2020 and the system at Black Gold was completed in 2021. Reimbursement of eligible funding from SCE was supposed to happen after the construction was completed. For unknown reasons, the repayment of construction costs for the OBF loans has been significantly delayed by SCE. The City was recently notified that the loan documents are now available for the City of Yorba Linda to sign.

FISCAL IMPACT
In reviewing the OBF documents, the loan amount for the Yorba Linda Community Center project has been reduced to only $90,000 by SCE. The reasoning for the reduction is that the energy savings are less than anticipated. The Black Gold project loan amount remains the same as originally projected. Due to the delay in repayment of construction costs along with a reduction of funding for the YLCC project, staff is recommending that the City does not proceed with the OBF loan. Moving forward with the loan would increase monthly operating expenditures at the Yorba Linda Community Center by $755.63 and by $1,517.00 at Black Gold for the next 10 years. Black Gold operates as an enterprise fund and the HVAC project at that location has already been paid for by golf course proceeds and reducing monthly operating expenditures would be preferred. The YLCC project was also previously paid for in full with City funds. However, the projected OBF loans were recorded as future revenue for the YLCC project in the Miscellaneous Grant Fund for $163,308.

Therefore, for accounting purposes, staff recommends appropriating $163,308 from the Special Reserves Fund to the Miscellaneous Grant Fund to clear the receivable from the books. It is important to note that there is no penalty for not moving forward with the OBF loan.

Lastly, the City was eligible for incentives/rebates through Southern California Edison’s High Opportunity Program or Projects (HOPPs), which was separate from the OBF program. Southern California Edison HOPPs projects operate on a performance basis and incentives/rebates are paid out over time for these types of retrofit projects. The funding through the HOPPs program is estimated to be $20,073 for the Black Gold project and $21,264 for the YLCC project. The City has been achieving the performance standards and has been receiving HOPP’s incentive/rebate payments in appropriate scheduled intervals.

ALTERNATIVES
The City Council may choose to approve OBF funding for either project and direct staff accordingly.

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ADMINISTRATION DEPARTMENT
DATE: MARCH 19, 2024
TO: HONORABLE MAYOR AND MEMEBERS OF THE CITY COUNCIL
FROM: DAVID CHRISTIAN, ASSISTANT CITY MANAGER
SUBJECT: PROCLAMATION OF LOCAL EMERGENCY - SINKHOLE

RECOMMENDATION
It is recommended that the City Council of the City of Yorba Linda uphold the Local Emergency Proclamation made by the Director of Emergency Services on February 27, 2024 and determine that the need for the Local Emergency Proclamation is continuing.

BACKGROUND / DISCUSSION
The City Manager, acting as the Director of Emergency Services, issued a Proclamation of the Existence of a Local Emergency on February 27, 2024. The City Council ratified that Proclamation by adopting Resolution No. 2024-5877 at its regular meeting on March 5, 2024.

FISCAL IMPACT
None.

ALTERNATIVES
Do not uphold the Local Emergency Proclamation made by the Director of Emergency Services on February 27, 2024 and provide further direction to staff.

ATTACHMENTS

1. Resolution No. 2024-5881

2. Emergency Proclamation

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RESOLUTION NO. 2024-5881

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YORBA

LINDA, CALIFORNIA, RATIFYING EMERGENCY PROCLAMATION DUE

TO EMERGENCY EVENT
The City Council of the City of Yorba Linda does hereby resolve as follows:

WHEREAS, Section 2.32.050 of the Yorba Linda Municipal Code designates the City Manager as the City’s Director of Emergency Services; and WHEREAS, Section 2.32.060(A)(1) of the Yorba Linda Municipal Code empowers the Director of Emergency Services, to request the City Council to proclaim the existence of a Local Emergency if the Council is in session, or to issue such proclamation if the Council is not in session; and
WHEREAS, conditions of extreme peril to the safety of persons has arisen in the City of Yorba Linda due to an extreme weather event of a winter storm that has caused sinkholes near the intersection of Yorba Linda Boulevard and Imperial Highway (“Emergency Event”); and
WHEREAS, the City’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully responding to the Emergency Event;
WHEREAS, the Director of Emergency Services believes and has concluded that the above-described conditions of extreme peril warrant a proclamation of local emergency; and accordingly proclaimed and declared the existence of a local emergency on February 27, 2024; and
WHEREAS, Section 2.32.060(A)(1) requires the City Council to ratify the decision of the Director of Emergency Services within seven (7) days thereafter or the proclamation shall have no further force or effect; and
WHEREAS, the City Council of the City of Yorba Linda agrees with and desires to affirm and ratify the decision of the Director of Emergency Services.

NOW, THEREFORE, the City Council of the City of Yorba Linda does hereby resolve, order and determine as follows:

Section 1. The Emergency Proclamation made by the Director of Emergency Services on February 27, 2024, attached hereto and incorporated herein, is hereby ratified.

Section 2. The City Clerk shall certify to the adoption of this Resolution.

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R E S O L U T I O N N O . 2 0 2 4 - 58 81
P A G E 2

PASSED, APPROVED AND ADOPTED by the City Council of the City of Yorba Linda, California on the 19th day of March, 2024.
_____________________________

TARA CAMPBELL, 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 of Yorba Linda held on the 19th day of March, 2024 and was carried by the following roll call vote:
____________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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CITY OF YORBA LINDA

PROCLAI,IATION OF THE EXISTENCE OF A LOCAL

EIIIERGENCY BY THE DIRECTOR OF EMERGENCY SERVICES
WHEREAS, Section 2.32.050 of the Yorba Linda Municipal Code designates the City Manager as the City's Director of Emergency Services.

WHEREAS, Section 2.32.060(A)(1) of the Yorba Linda Municipal Code empowers the Director of Emergency Services, to request the City Councilto proclaim the existence of a Local Emergency if the Council is in session, or to issue such proclamation if the Council is not in session.

WHEREAS, conditions of extreme peril to the safety of persons has arisen in the City of Yorba Linda due to an extreme weather event of a winter storm that has caused massive amounts of rain within the City that has caused sinkholes near the intersection of Yorba Linda Boulevard/lmperial Highway ("Emergency Event"); WHEREAS, the City's ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully responding to the Emergency Event;
WHEREAS, the Director of Emergency Services believes and has concluded that the above-described conditions of extreme peril warrant a proclamation of local emergency;
NOW, THEREFORE, the Director of Emergency Services of the City of Yorba Linda proclaims, declares and orders as follows:

Section 1: Pursuant to Section 2.32.O60(AX1) of the Yorba Linda Municipal Code and California Government Code Section 8630, it is hereby proclaimed that a local emergency now exists in the City of Yorba Linda.

Section 2: Pursuant to Yorba Linda Municipal Code Section 2.32.060 the Director of Emergency Services is empowered to adopt rules, policies and regulations to protect the Public, to protect life and property, and to ensure the availability of essential City services. Furthermore, the Director of Emergency Services is authorized to obtain contract services in accordance with the emergency procurement method in Yorba Linda Municipal Code Section 3.04.130(A) and Adm inistrative Policy A-F-5.

Section 3: Additional or different emergency measures may be implemented

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by the Director of Emergency Services pursuant to Chapter 2.32 of the Yorba Linda Municipal Code as deemed reasonable or necessary to address the quickly changing, very fluid emergency situation
City Manager/Director of Emergency Services:

Mark A. Pulone
Date: 247-24

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PUBLIC WORKS DEPARTMENT
DATE: MARCH 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: AUSTIN POSTOVOIT, SENIOR MANAGEMENT ANALYST SUBJECT: RECEIVE AND FILE THE STATUS UPDATE FOR EMERGENCY

CONDITIONS AT YORBA LINDA BOULEVARD AND IMPERIAL HIGHWAY SINKHOLE REPAIR PROJECT (SD241001) AND RATIFIY

CONSTRUCTION AGREEMENT FOR PHASE I

RECOMMENDATION
It is recommended that the City Council:

1. Receive and file this report regarding emergency conditions for the Yorba Linda Boulevard and Imperial Highway Sinkhole Repair Project (SD241001); and

2. Ratify the award and execution of the construction services agreement with L&S Construction Services, Inc. for the Yorba Linda Boulevard, and Imperial Highway Sinkhole Repair Project (Phase I) in an amount not-to-exceed $266,650.00, in accordance with the recommendation made on March 5, 2024; and

3. Authorize the City Manager to approve additional expenditures up to $39,997.00 (15% of contract value) in contract contingencies for potential additional services and unanticipated work that may arise, for a total potential contract amount notto-exceed $306,647.00; and

4. Direct staff to return to Council at the next regularly scheduled meeting, and as required by the City’s municipal code thereafter, to provide an update regarding the emergency conditions.

BACKGROUND
On Wednesday, February 21, 2024, the City of Yorba Linda’s Public Works staff was made aware of a sinkhole at the northwest corner of the intersection of Yorba Linda Boulevard and Imperial Highway. It is directly adjacent to the Mimi’s Café lawn area behind a monument/wall located at 18342 Imperial Highway.

On Tuesday February 27, 2024, the City Manager, acting in his capacity as Director of Emergency Services, signed a proclamation of the existence of a local emergency, pursuant

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R E C E I V E A N D F I L E T H E S T A T U S U P D A T E F O R E M E R G E N C Y

C O N D I T I O N S A T Y O R B A L I N D A B O U L E V A R D A N D I M P E R I A L H I G H W A Y S I N K H O L E R E P A I R P R O J E C T ( S D 2 4 1 0 0 1 ) P a g e | 2
to Section 2.32060(A)(1) of the Yorba Linda Municipal Code. The proclamation notes that extreme peril to the safety of persons has arisen in the City of Yorba Linda due to an extreme weather event of a winter storm that has caused massive amounts of rain within the City that has caused sinkholes near the intersection of Yorba Linda Boulevard/Imperial Highway.

On March 5, 2024, the City Council ratified the City Manager’s declaration of an emergency pertinent to the sinkhole, storm drain and pipeline repairs at the intersection of Yorba Linda Boulevard and Imperial Highway by adopting Resolution 2024-5877. The City Council also authorized the City Manager to conduct necessary emergency procurement procedures, including award of a construction contract potentially exceeding $200,000. Staff was directed to return to Council at the next regularly scheduled meeting to provide an update regarding the emergency conditions.

DISCUSSION
City staff developed a scope of work to complete necessary repairs and improvements related to the sinkhole damage. A site meeting with prospective construction contractors was also held at the sinkhole site and informal bids were received on March 6, 2024. The request for bids included a scope of work (for Phase I) for a contractor to replace approximately 90 linear feet of the CMP storm drain piping with 54” Reinforced Concrete Pipe (RCP), the material being utilized was selected due to availability and constructability.

The bid includes excavation, backfilling, compaction, pipe collaring, shoring as well as associated project activities such as traffic control.

Informal competitive bids were requested from several qualified contractors who had previously attended a site visit to view the project parameter and emergency conditions. Five (5) contracting firms were invited to a pre-bid site meeting to examine conditions prior to bidding. Three (3) bids were received and evaluated by Public Works Staff and based on cost and qualifications, it was determined that L&S Construction, Inc., was the lowest responsive and responsible bidder. The selected low bid came in at a grand total of $266,650.00. The table below tabulates the results of bids received:

Phase I Bid Tabulation Results
Bidder Bid Amount
L&S Construction, Inc. $ 266,650
TE Roberts, Inc. $ 272,927
NK Paving, Inc. $ 310,000
References were verified for L&S Construction, Inc. on projects of a similar nature and their firm came highly regarded for their performance on storm drain infrastructure projects. As such and given the Council’s prior authorization for the City Manager to award an agreement of more than $200,000.00, staff is recommending that Council ratify the agreement award to L&S Construction, Inc. in an amount of $266,650.00. It is also recommended that Council authorize the City Manager to approve additional expenditures up to $39,997.00 (15% of

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R E C E I V E A N D F I L E T H E S T A T U S U P D A T E F O R E M E R G E N C Y

C O N D I T I O N S A T Y O R B A L I N D A B O U L E V A R D A N D I M P E R I A L H I G H W A Y S I N K H O L E R E P A I R P R O J E C T ( S D 2 4 1 0 0 1 ) P a g e | 3
contract value) in contract contingencies for potential additional services and unanticipated work that may arise.

It should be noted that a second phase of the project will be awarded under a separate contract. That award will include the installation of a liner across the existing 90 linear feet section of CMP pipe that transects Imperial Highway to the Town Center plaza. This section of pipe is considered in fair condition in which the liner should reduce the potential of future corrosion. The second phase of the project will require an additional appropriation; however, it will likely occur after emergency conditions have been abated.

Staff continues to evaluate the conditions of the sinkhole in advance of the Contractor’s mobilization; however, given the dynamic nature of the repairs and the sinkhole conditions, it is not recommended that the emergency conditions be terminated at this time. As the contractor begins excavation, it is possible for unforeseen conditions to arise that may require further exercising of emergency purchasing protocols to quickly address issues. Staff will return with a report at the next regularly scheduled meeting to provide an update regarding the emergency conditions. Updates will be provided to Council until the emergency conditions have been deemed to no longer exist.

FISCAL IMPACT
Sufficient funding to accommodate the awarded contract and proposed contingency has been programmed within the Yorba Linda Blvd. & Imperial Highway Sinkhole Repair Project (SD241001) budget within account 4010050.

ALTERNATIVES
The City Council may elect not to approve the recommended action of ratifying the City Manager’s approval of a contract in an amount greater than $200,000. However, that action would limit staff’s ability to comply with the City’s Emergency Purchasing Policy and would be in contradiction of authority granted during the March 5, 2024 Council meeting on the same topic.

ATTACHMENTS
Attachment 1 – L&S Construction, Inc. (Agreement)

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2905/009410-1001
19412635.3 a03/08/24
Contract
Services
Agreement

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Project Name/No.: Yorba Linda Boulevard and Imperial Contract No.: __________ Highway Sinkhole Repair Project (SD241001)
Dept./Contract Rep: PW-Eng/Rick Yee Approved: 03/5/2024

CONTRACT SERVICES AGREEMENT

YORBA LINDA BOULEVARD AND IMPERIAL HIGHWAY SINKHOLE REPAIR PROJECT (SD241001)
THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this 5th day of March, 2024 by and between the CITY OF YORBA LINDA, a California municipal corporation, (“City”) and L&S Construction, Inc., a Corporation (“Contractor”).

City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

City sought, by issuance of a Request for Proposals or Invitation for Bids, for the performance of the services defined and described particularly in this Agreement.

Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in this Agreement, was selected by City to perform those services. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in this Agreement and desire that the terms of that performance be as particularly defined and described herein.

SECTION 1. SERVICES.

1.1 Scope of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A, “Scope of Services” and incorporated herein by this reference (the “Services”). Contractor will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. The Scope of Services incorporates Contractor’s scope of work or bid for the Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

1.2 Term of Services. The term of this Agreement shall begin upon execution of this agreement. Unless earlier terminated in accordance with Section 8 of this Agreement, this Agreement shall continue in full force and effect until final written approval and acceptance of the work performed under this Agreement by the Contract Administrator. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.

1.3 Standard of Performance.
a. Quality of Work. As a material inducement to City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience,

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and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services described herein.

Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances, and to the sole satisfaction of the Contract Administrator.
b. Care of Work. Contractor shall adopt reasonable methods during the term of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
c. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. d. Warranty. Contractor warrants all work under this Agreement (which for purposes of this Subsection 1.3 shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship.

Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1)

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year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of City, City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.
e. Skilled and Trained Workforce. Contractor, for itself and its subcontractors at every tier, hereby provides an enforceable commitment to comply with California Public Contract Code section 2600 et seq., which requires use of a skilled and trained workforce to perform all work on the agreements that fall within an apprenticeable occupation in the building and construction trades.
f. Inspection and Final Acceptance. The Services shall be performed to the satisfaction of City. City may inspect and accept or reject any of Contractor’s work under this Agreement, during performance and/or when completed. City shall reject or finally accept Contractor’s work within forty five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 4 and Section 5, pertaining to insurance and indemnification, respectively.

1.4 Assignment of Personnel. Contractor shall assign only competent personnel to perform the Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services, prior to and during any such performance. 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, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.5 Time. Time is of the essence in the performance of this Agreement.

Contractor shall devote such time to the performance of the Services pursuant to this

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Agreement as may be reasonably necessary to satisfy Contractor’s obligations hereunder. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Scope of Services. When requested by Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Administrator but not shall not exceed one hundred eighty (180) days cumulatively.

1.6 Force Majeure. The time period(s) specified in the Scope of Services for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Administrator in writing of the causes of the delay. The Contract Administrator shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the sole judgment of the Contract Administrator such delay is justified. The Contract Administrator’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

1.7 Suspension of Services. The City Engineer of City (“Engineer”) shall have the authority to suspend the Services, wholly or in part, for such period as the Engineer may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the Services, or for such time as the Engineer may deem necessary due to the failure on the part of Contractor to carry out orders given or to perform any provisions of the Services. Contractor shall immediately comply with the written order of the Engineer to suspend the Services wholly or in part and shall not resume the Services until ordered to do so in writing by the Engineer. Such suspension shall be without liability to Contractor on the part of City. In the event a suspension of work is ordered because of failure on the part of Contractor to carry out orders given or to perform any provisions of the Services, such suspension of the Services shall not relieve Contractor of responsibility to complete the Services within the time limit set forth herein and shall not be considered cause for extension of the time for completion and, further, such suspension of the Services shall not entitle Contractor to any additional compensation.

1.8 Familiarity with Work and Worksite. By executing this Agreement, Contractor warrants that Contractor (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. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover

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any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.

1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.

SECTION 2. COMPENSATION.

2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed Two Hundred Sixty-Six Thousand Six Hundred Fifty Dollars ($266,650.00) notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.

2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.

2.3 Invoices. Contractor 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. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
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;

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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;
e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.

Invoices shall be submitted to:

City of Yorba Linda
Attn: Accounts Payable
4845 Casa Loma Ave
Yorba Linda, CA 92886

2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.

2.5 Retention of Funds, Final Payment.
a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement.

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b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor.

Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.

2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor 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 Contractor 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.

2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on Exhibit A.

2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must be approved in advance by the Contract Administrator, in his or her sole discretion.

Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.

2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor 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.

Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.

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2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 3. FACILITIES AND EQUIPMENT.

3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.

3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. b. If the Services involve an estimated expenditure in excess of TwentyFive Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection

8.4 or 8.5 of this Agreement.

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d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement but shall proceed with all work to be performed under this Agreement.

Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.

SECTION 4. INSURANCE AND BOND REQUIREMENTS.

Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation.

Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.

4.1 Workers’ Compensation. Contractor 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 Contractor 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

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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, Contractor 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 Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees.

Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:

I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Contractor Initial: _______

4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, 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, leased, 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 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage.

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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) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor 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. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)-year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage. 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) 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, Contractor 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 Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage. (iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.

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4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.

4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor 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: Yorba Linda Boulevard and Imperial Highway Sinkhole Repair.

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 Contractor. b. Notice of Reduction in or Cancellation of Coverage. Contractor 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 policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator.
c. 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 Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor 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,

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and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers. d. Deductibles and Self-Insured Retentions. Contractor 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, Contractor 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 Contractor 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. e. Subcontractors. Contractor 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.
f. 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.

4.6 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to 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 Contractor’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 Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor 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, Contractor 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

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statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor 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 Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor 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, Contractor 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 Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.

5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.

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. In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.

SECTION 6. INDEPENDENT CONTRACTOR.

At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor 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. Contractor 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 Contractor as provided in this Agreement, City shall not pay salaries,

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wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor 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, Contractor 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. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

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. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor 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. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

7.3 Prevailing Wages. Contractor 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. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California 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, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code

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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 Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California 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. Contractor shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any 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 California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor 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 California Labor Code. (vi) Contractor is aware of and will comply with the provisions of California 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 the Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement. (vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred

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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 Contractor or any sub-consultant or subcontractor.
c. Bidding Eligibility. Pursuant to California 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. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor 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 Contractor 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 California 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 Contractor or any party performing the Services to provide any required disclosure or identification as required by California 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. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor 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, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor 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 Contractor’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. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities

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under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor 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 Contractor’s obligations and responsibilities under this Agreement.

7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.

7.7 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. Contractor 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.

7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.

SECTION 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.

8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.

8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of

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termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.

8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor 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 Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.

8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.

8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’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 Contractor.

Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

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 Contractor shall survive the expiration or termination of this Agreement.

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8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, 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 Contractor pursuant to this Agreement;
c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.

Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.

SECTION 9. KEEPING AND STATUS OF RECORDS.

9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, 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 (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse

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or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

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 the Documents and Materials. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials 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 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. 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.

9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges

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that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

9.5 Confidentiality. City and Contractor 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. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct.

Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor 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.

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.

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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 Riverside 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 Contractor 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.

10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced, nor may

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their responsibilities be substantially reduced by Contractor without the express written approval of City.

10.8 City Contract Administration. This Agreement shall be administered by a City employee, Rick Yee, Deputy Director of Public Works/Assistant City Engineer (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, 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, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.

10.9 Notices. Any written notice to Contractor shall be sent to:

J&S Construction, Inc.

Attn: Mike Kinney, President/CEO
674 North Batavia St.

Orange, CA 92867
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
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

10.10 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

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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.

10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor 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.

10.12 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.

10.13 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.

10.14 Nondiscrimination. Contractor 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. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

10.15 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.

10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

10.17 No Undue Influence. Contractor 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

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Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.

10.18 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 have executed and entered into this Agreement as of the date first written above.

CITY OF YORBA LINDA
Dated: By:

MARK A. PULONE

CITY MANAGER
ATTEST:

CONTRACTOR:

Marcia Brown L&S CONSTRUCTION, INC.

City Clerk

By: ________________________________

Signature: ________________________________
Title: ________________________________

Address: ________________________________
________________________________
________________________ By: ________________________________ Dianna Honeywell
Finance Director Signature: ________________________________

Title: ________________________________

Address: ________________________________
________________________________

APPROVED AS TO FORM:

RUTAN & TUCKER LLP

Todd Litfin
City Attorney
Two signatures are required if a corporation.

NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS IDENTITY.

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EXHIBIT A

SCOPE OF SERVICES
Services shall include Yorba Linda Boulevard and Imperial Highway Sinkhole Repair services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed Two Hundred Sixty-Six Thousand Six Hundred Fifty Dollars ($266,650.00) as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement.

Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.

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City of Yorba Linda
Proposal Bid Sheet (Revised 2-29-24)
Yorba Linda Blvd and Imperial Highway Sinkhole Repair
No. Description Quantity Unit Unit Price Item Total

1. Mobilization 1 LS $9,000.00 $9,000.00

2. Traic Control 1 LS $29,000.00 $29,000.00

3. 54” Connection Collar 1 EA $14,500.00 $14,500.00

4. 54” Storm Drain Pipe to 4’x6’
RCB junction per OC Std Plan
333-2-OC
1 EA $38,000.00 $38,000.00

5. Trench Backill per attached
detail
1 LS $56,000.00 $56,000.00

6. Existing 54” CMP Pipe Removal 90 LF $565.00 $50,850.00 7A. 54” Pipe Installation (HDPE) 90 LF N/A N/A
Alt 7B 54” Pipe Installation (RCP) 90 LF $770.00 $69,300.00 Alt 7C 60” Pipe Installation (HDPE) 90 LF $720.00 $64,800.00 Grand Total Price in Figures (Item Nos. 1-6 and 7A): $ N/A Grand Total Price in Words (Item Nos. 1-6 and 7A): N/A
Grand Total Price in Figures (Item Nos. 1-6 and Alt
7B):$266,650.00_________________________________
Grand Total Price in Words (Item Nos. 1-6 and Alt 7B): TWO HUNDRED SIXTY SIX THOUSAND SIX HUNDRED FIFTY DOLLARS.

Grand Total Price in Figures (Item Nos. 1-6 and Alt
7C):$262,150.00___________________________________
Grand Total Price in Words (Item Nos. 1-6 and Alt 7C): TWO HUNDRED SIXTY-TWO THOUSAND

ONE HUNDRED FIFTY DOLLARS
City reserves the right to award to the lowest responsive and responsible bidder based upon either the baseline bid items plus Item 7A (Nos. 1-6 plus 7A) or the baseline bid items plus alternate (Item Nos. 1-6 plus either Alt 7B or Alt 7C)
NOTES:
*NO PERMITS INCLUDED IN BID
*NO BONDS INCLUDED IN BID
*NO A.C. R&R INCLUDED
*INCLUDES 1 SACK SLURRY BACKFILL ABOVE PIPE ZONE

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PLANNING COMMISSION | AGENDA ITEM SUMMARY
MEETING DATE | MARCH 13, 2024
Community Development Department
Planning Division
Director
David Brantley, AICP
APPROVAL OF JANUARY 24, 2024, PLANNIING COMMISSION MEETING MINUTES A motion by Commissioner Pease, Second by Chair Pro Tem Bernstein to approve the January 24, 2024, Planning Commission meeting minutes. The motion carried (3-0-1) with the following roll call vote:

AYES: Bernstein, Singh, Pease
NOES: None
ABSENT: Masterson, Behura
CONDITIONAL USE PERMIT 2023-40 CARRAZCO
Commissioner Behura arrived at 6:39 p.m.

A motion by Commissioner Pease, Second by Chair Pro Tem Bernstein to continue Conditional Use Permit 2023-40 Carrazco to a date certain of March 27, 2024 at 6:30 p.m. The motion carried (4-0- 1) with the following roll call vote:

AYES: Singh, Pease, Bernstein, Behura
NOES: None
ABSENT: Masterson
CONDITIONAL USE PERMIT 2024-03 WOOD
A motion by Commissioner Behura, Second by Commissioner Pease adopting Resolution No. 5578 approving Conditional Use Permit 2023-03 Wood, subject to attached conditions of approval.

The motion carried (4-0-1) with the following roll call vote:

AYES: Bernstein, Singh, Pease, Behura
NOES: None
ABSENT: Masterson
CONDITIONAL USE PERMIT 2024-05 STEVENSON
A motion by Chair Pro Tem Bernstein, Second by Commissioner Behura adopting Resolution No. 5579 approving Conditional Use Permit 2024-05 Stevenson, subject to the attached conditions of approval. The motion carried (4-0-1) with the following roll call vote:

AYES: Bernstein, Singh, Pease, Behura
NOES: None

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ABSENT: Masterson
TENTATIVE PARCEL MAP 2021-145 HARDAS
A motion by Commissioner Pease, Second by Chair Pro Tem Bernstein adopting Resolution No. 5580 approving Tentative Parcel Map 2021-145 Hardas, subject to the attached conditions of approval. The motion carried (4-0-1) with the following roll call vote:

AYES: Bernstein, Singh, Pease, Behura
NOES: None
ABSENT: Masterson
Adjournment: The meeting adjourned at 7:32 p.m. to the March 27, 2024, Planning Commission meeting at 6:30 p.m.

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CITY CLERK'S OFFICE
DATE: MARCH 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS

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

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

ATTACHMENTS

1. Reports from City Council Organizations, Agencies and Committees

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MONTHLY REPORT:

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

CONTROL
Service Requests Completed: 2 4 118 248
Mosquitoes: 1 1 68 130
Rats: 0 1 27 59
RIFA: 1 2 22 58
Number of Swimming Pools Inspected/Treated: 27 61 481 1,041 Hours Spent Treating/Inspecting Gutters 0 0 0 0.0
Acres of Flood Channels Treated: 0 0 0 0.0641
Acres Treated for RIFA: 134 247 1,662 4,340
IT (insepction/treatment) Sites Serviced: 34 94 1,172 2,748

SURVEILLANCE
Adult Mosquitoes Collected: 0 0 671 1,903
Mosquito Pools (Samples) Tested: 0 0 76 133
WNV Positive Samples: 0 0 0 0
Other Positive Samples 0 0 0 0
WNV Positive Birds: 0 0 0 0

COMMUNICATIONS / OUTREACH
Outreach Events Attended: 0 0 0 0
General Presentations: 0 0 2 5
Educational Program Presentations: 0 0 0 0
Service Requests & Miscellaneous Calls Received 3 3 251 540 Fleas, Ticks, and Others Tested: - - - 200
Number of Disease Investigations: 0 0 7 8
WNV Investigations: 0 0 1 1
Dengue Investigations: 0 0 6 7
Typhus Investigations: 0 0 0 1
Other Investigations: 0 0 0 0
Undergrounds Storm Systems Treated: 0 20 121 1,702
Public Insect ID Completed: - - 41 65

COUNTY WIDE PROJECTS / INFORMATIONAL UPDATE
Yorba Linda
Normal Season (1.0 to 2.5)

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ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT

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MARCH 19, 2024 CITY COUNCIL MEETING
CONSENT CALENDAR ITEM NO. 13 – COUNCIL COMMITTEE AND AGENCY REPORTS

ADDITIONAL MATERIAL RECEIVED AFTER POSTING OF AGENDA

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Laboratory Report, March 21, 2024
Fungus Gnats
UC 1PM, Revised 8/13
(Shutterstock)
Attachment No. 2
Fungus gnats are small flies that infest soil, potting mix, other container media, and other sources of organic decomposition. Their larvae primarily feed on fungi and organic matter in soil, but also chew roots and can be a problem in greenhouses, nurseries, potted plants and interior plantscapes. Adult fungus gnats may emerge from houseplants indoors and become a nuisance.

IDENTIFICATION
Fungus gnats (Orfelia and Bradysia species), also called darkwinged fungus gnats (Sciaridae), are dark, delicate-looking flies similar in appearance to mosquitoes. Adult fungus gnats have slender legs with segmented antennae that are longer than their head. Their long antennae distinguish them from the more robust shore flies, which are also found in greenhouses, associated with algae and decomposing organic matter, but have short bristle-like antennae. Although a few species are up to 112 inch long, fungus gnat adults commonly are about 1/16 to W inch long. Wings are light gray to clear, and the common Bradysia species have a Y-shaped wing vein.

Because adult fungus gnats are attracted to light, you first might notice these pests flying near windows indoors. However, in comparison with more active species such as the common housefly (Musca domestica), fungus gnats are relatively weak fliers and usually don't move around much indoors.

Fungus gnats often remain near potted plants and run across (or rest on) growing media, foliage, compost, and wet mulch piles.

Females lay tiny eggs in moist organic debris or potting soil. Larvae have a shiny black head and an elongated, whitish-to-clear, legless body. They eat organic mulch, leaf mold, grass clippings, compost, root hairs, and fungi. If conditions are especially moist and fungus gnats are abundant, larvae can leave slime trails on the surface of media that look like trails from small snails or slugs.

DAMAGE
Adult fungus gnats don't damage plants or bite people; their presence is primarily considered a nuisance. Larvae, however, when present in large numbers, can damage roots and stunt plant growth, particularly in seedlings and young plants. Significant root damage and even plant death have been observed in interior plantscapes and in houseplants when high populations were associated with moist, organically-rich soil. Thus, a houseplant that is wilting may not indicate a lack of water, but rather root damage by fungus gnat larvae or (more commonly) other causes of unhealthy roots. However, too much or too little water, root decay fungi, and improper soil conditions (e.g., poor drainage, or waterlogging) are much more common causes of wilted plants.

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FINANCE DEPARTMENT
DATE: MARCH 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIANNA HONEYWELL, FINANCE DIRECTOR / CITY TREASURER SUBJECT: FISCAL YEAR 2022/2023 GENERAL FUND YEAR END RESULTS

RECOMMENDATION
It is recommended that City Council:

1. Authorize the appropriation of $1,739,444 of available excess General Fund Operating Reserves for the following purposes:
a. $322,444 to be paid to CalPERS to continue implementation of the Council’s direction to accelerate the amortization of the City’s unfunded pension liability from 30 years to 20 years or less.
b. $417,000 to be deposited into the City’s Other Post-Employment Benefits (OPEB) Trust to pre-fund a portion of the City’s unfunded retiree medical liability.
c. Allocate $1.0 million to the Special Reserves Fund to set aside funds for future unfunded projects.

2. Authorize the appropriation of $647,180 from Library Operating Reserves for the following purposes:
a. $64,180 to be paid to CalPERS to continue implementation of the Council’s direction to accelerate the amortization of the City’s unfunded pension liability from 30 years to 20 years or less.
b. $83,000 to be deposited into the City’s OPEB trust.
c. $500,000 to be appropriated to the Library Reserve Fund for future maintenance and capital improvements on the Library.

3. Receive and file the attached list (Attachment A) of line-item budget transfers and supplemental appropriations for the entirety of fiscal year 2022/23, as required by City Council Policy F-4 – Supplemental Budget and Line-Item Transfers.

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FISCAL YEAR END 2022/2023 GENERAL FUND YEAR END RESULTS P a g e | 2

BACKGROUND
On June 15, 2021, the City Council adopted the Two-Year Budget for fiscal years 2021/2022 and 2022/23. The FY 2022/23 Mid-Term budget was presented to Council on June 21, 2022. Subsequent budget updates for the first, second and third quarters of the fiscal year were provided to the City Council on January 17, 2023, March 7, 2023, and July 18, 2023, respectively. Now that the books have been closed for fiscal year 2022/23, this report represents the final year-end results for the General Fund.

In the previous seven fiscal years, the City Council has appropriated funds from year-end surplus for the purpose of implementing a long-term plan to reduce the City’s unfunded pension and retiree medical liabilities. The appropriations toward the pension liability are designed to mirror a 20-year amortization, in lieu of the standard CalPERS strategy, with the General Fund and Library Fund making contributions proportional to each Fund’s share of the City’s workforce. The appropriations toward the retiree medical liability have been made in amounts that range from $200,000 to $367,000 from the General Fund, with the Library Fund contributing proportional additional amounts to reflect the Fund’s share of the City’s workforce. This year staff is recommending a total contribution of $386,624 ($300,000 plus $86,624 which is the amount of the savings for paying the entire annual unfunded liability payment in one payment in July) for the additional pension liability payment. Additionally, staff are recommending a contribution of $500,000 towards the retiree healthcare liability.

With the contributions recommended in this report included, the City will have made $2.6 million of additional contributions to CalPERS over the past seven years and $2.5 million will have been deposited in the City’s retiree medical trust fund.

DISCUSSION
When the FY 2022/23 Mid-Term budget was adopted, a budget surplus of $1,001,151 was projected. After the books have been closed, the final surplus totaled $4.7 million (net of the City Council approved use of $6.8 million in reserves). The following table includes the original budget estimates included in the adopted budget for fiscal year 2022/23, the final revised budget and the actual results for the fiscal year.

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FISCAL YEAR END 2022/2023 GENERAL FUND YEAR END RESULTS P a g e | 3

ADOPTED

BUDGET FINAL BUDGET YTD ACTUALS
ACTUAL VS.

FINAL BUDGET
6/30/2023 6/30/2023 6/30/2023 6/30/2023

RESOURCES
Property Taxes $ 23,759,536 $ 23,784,064 $ 24,003,374 $ 219,310 Sales & Use Tax 8,560,000 9,000,000 8,765,991 $ (234,009) Franchise Tax 2,247,486 2,270,611 2,378,394 $ 107,783
Other Taxes 1,662,000 1,612,100 1,592,355 $ (19,745)
Fees, Charges & Permits 2,148,418 2,451,618 2,929,784 $ 478,166 Parks & Recreation Revenue 2,285,399 2,542,074 2,650,526 $ 108,452 Administrative Charges 1,795,484 1,795,484 1,806,831 $ 11,347 Other Revenue 927,850 1,493,951 2,494,457 $ 1,000,506
Total Operating Revenue 43,386,173 44,949,902 46,621,712 1,671,810 Interfund transfers 403,250 1,170,780 983,000 (187,780) Fd Balance Reserves 3,271,417 9,019,952 6,819,243 (2,200,709) Total Resources 47,060,840 55,140,634 54,423,955 (716,679)

APPROPRIATIONS
Administration $ 8,034,513 $ 9,250,940 $ 8,759,359 $ (491,581) City Attorney 650,000 650,000 593,668 (56,332)
Community Development 3,762,777 3,973,112 3,589,354 (383,758) Finance 1,261,107 1,322,961 1,285,991 (36,970)
Non-Departmental 34,800 34,800 33,197 (1,603)
Parks & Recreation 8,759,769 9,237,720 8,601,804 (635,916) Police Services 13,837,722 14,230,522 13,779,473 (451,049) Public Works 6,076,137 6,858,324 6,246,991 (611,333)
Vacancy Factor (241,358) (241,358) - 241,358
Total Operating Expenditures 42,175,467 45,317,021 42,889,837 (2,427,184) Transfer to Special Reserves - 5,000,000 5,000,000 -
Transfer to LMAD 943,735 943,735 976,618 32,883
Transfer to Capital Projects Fund 2,940,487 2,999,506 814,214 (2,185,292) Total Appropriations 46,059,689 54,260,262 49,680,669 (4,579,593) Excess Resources over Appropriations $ 1,001,151 $ 880,372 $ 4,743,286 $ 3,862,914 Fund Balance Reserves @ 7/1/2022 31,633,612 31,633,612 31,633,612 $0 Less Uses of Fd Bal Reserves (3,271,417) (9,019,952) (6,819,243) 2,200,709 Fund Balance Reserves @ 6/30/23 $ 29,363,346 $ 23,494,032 $ 29,557,655 $ 6,063,623 Uses of Fund Balance Reserves:

Transfer out - CIP $ 2,940,487 $ 2,940,487 $ 814,214 $ (2,126,273) Zelman Subdivision Impr. Agreement - 68,268 68,268 -
Transfer out - Special Reserves Fund - 5,000,000 5,000,000 - Add'l CalPERS payment - 305,679 305,679 -
Add'l OPEB Payment - 426,200 426,200 -
GF Carryovers from FY 2021/22 330,930 279,318 204,882 (74,436) $ 3,271,417 $ 9,019,952 $ 6,819,243 $ (2,200,709)

CITY OF YORBA LINDA

GENERAL FUND BUDGET
FY 2022/23 - FOURTH QUARTER BUDGET TOTALS

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FISCAL YEAR END 2022/2023 GENERAL FUND YEAR END RESULTS P a g e | 4

RESOURCES
In comparison to the final budget, operating revenue was higher than projected due to the following reasons:
 Growth in home sales slowed due to record high interest rates during fiscal year 2022/23, however, the City’s median home price remained strong during FY 2022/23.

It dipped slightly ($24,250 or 1.8%) from FY 2021/22 from $1,300,000 to $1,275,750.

Property tax ended the year at $24.0 million, which is $219,000 higher than estimates.  Sales tax revenue was increased by $565,000 when the Mid-Term budget was adopted in July 2023. The first half of the fiscal year showed strong results and exceeded projections in the General Consumer Goods, Business and Industry and Restaurant and Hotels sectors. Consumer spending held up, despite record high inflation. As the fiscal year went on, however, the sale of office supplies, electrical equipment, heavy industrial and other business-industrial goods declined. Service station receipts also fell as the price of fuel dropped sharply compared to the prior year when prices spiked during the invasion of Ukraine. Revenue from the countywide pool also declined. The result for sales tax revenue was lower than final projections by $234,000. Ongoing estimates by staff and our revenue consultant HdL Companies are calculated each quarter to keep pace with this important revenue source.
 Property Transfer Tax was far lower than it has been in recent years. This is again due to record high interest rates and homeowners holding onto their properties during this time. The number of homes sold during FY 2022/23 was lower by 275 homes over FY 2021/22. The original revenue budget was $575,000 and actual results ended the year slightly lower at $546,725. The previous year’s revenue was $950,000.
 Transient Occupancy Tax also saw a small comeback during fiscal year 2022/23.

The final estimate was $500,000 and the final results were $542,000.  Building, Planning and Engineering fees were $478,000 higher than anticipated due to an increase in building activity.
 Parks & Recreation revenues were higher than the final budget by $108,450 due to one-time lease revenue which was recorded due to a new required Government Accounting Standards Board (GASB) pronouncement offset by slightly lower than anticipated recreation class revenue, primarily in youth activities.  Other revenues were well above estimates primarily due to higher-than-expected investment income due to record high interest rates coupled with the unrealized investment gain that is required to be booked by GASB. Additionally, as previously mentioned in the Parks & Recreation revenue category, one-time lease revenue was also required to be recorded by GASB in this category.

EXPENDITURES
In comparison to the final revised budget, operating expenditures were $2.4 million or 5.4% below budget. Additionally, transfers out and capital expenditures were $2.2 million below budget contributing to nearly $4.6 million of actual savings returned from the final budget.

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FISCAL YEAR END 2022/2023 GENERAL FUND YEAR END RESULTS P a g e | 5
The expenditure savings were distributed across all General Fund departments as shown in the table above and results primarily from 1) salary savings from partial year vacancies 2) operating and capital outlay costs 3) transfers out to other funds and 4) contract savings associated with various contracts. The largest areas of savings in fiscal year 2022/23 were as follows:

1. Transfers to Other Funds $2,152,000

2. Contract Services $1,848,000

3. Operating/Capital Outlay $ 337,000

4. Salaries/Benefits $ 243,000
$4,580,000
General Fund Operating Reserves decreased from $31.6 million to $29.6 million. After identifying the 50% of budgeted operating expenditures for FY 2023/24 ($22.7 million) and various other restricted funds, the amount of General Fund reserves available to use at Council’s discretion is $3.8 million. The total budgetary reserves ($26.5 million) equates to

58.4% of General Fund operating expenditures as shown in the table below.

DISPOSITION OF EXCESS OPERATING RESERVES
Per the City’s Budget Reserves Policy, which was approved by the City Council on October 4, 2016, it shall be the policy of the City of Yorba Linda to maintain a designated General Fund operating reserve equal to 50% of the General Fund budget appropriations excluding transfers. Whenever the General Fund Operating Reserve balance exceeds 60% of General Fund expenditures, staff must present a plan to the City Council to utilize the excess funds. This fiscal year the ending reserve balance was 58.4% so there is no requirement to utilize any excess funds. Total Fund Balance @ 6/30/2023 29,557,656 Less: Prepaid Expenses (86,578)
Less: Committed to 50% Operating Reserve Requirement (22,722,636) Less: Assigned to Carryovers (477,428)
Less: Assigned to Encumbrances (2,445,292)
Unassigned General Fund Reserves 3,825,723
Total Budgetary Reserves:
50% Operating Reserve Requirment 22,722,636
Unassigned General Fund Reserves 3,825,723
Total Budgetary Reserves 26,548,359
Percentage 58.42%
FY 2022/23 General Fund Reserves

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FISCAL YEAR END 2022/2023 GENERAL FUND YEAR END RESULTS P a g e | 6
However, consistent with the Council’s policy over the past seven years to make annual payments from excess General Fund Operating Reserves toward the City’s unfunded pension and retiree medical liabilities, it is staff’s recommendation that a portion of these funds be utilized as follows:

1. Continued reduction of the City’s unfunded pension liability – As the Council will recall, the City’s actuary annually prepares a comprehensive analysis to determine the required payment, accounting for actuarial gains and losses and other changes to the CalPERS rates. This ensures that the City is paying at least the minimum amount each year to mirror a 20-year amortization. The table below reflects the payments made in recent years, as well as the proposed payments to be made for the current year to continue forward with this plan.

Fiscal Year Default Payment Additional
Contribution Total Payment
2016/17* $0 $ 214,550 $ 214,550
2017/18 1,131,170 415,806 1,546,976
2018/19 1,345,888 356,054 1,701,942
2019/20 1,557,037 328,215 1,885,252
2020/21 1,688,049 250,652 1,938,701
2021/22 1,757,946 280,269 2,038,215
2022/23 1,946,230 366,962 2,313,192
2023/24 1,840,188 386,624 2,226,812
*In FY 16/17 there was a different methodology for paying down the unfunded pension liability.

There was not a “default payment” separated out as it is in the current CalPERS valuations.

Staff recommends that the Council approve a payment of $386,624 for the current year, which would be funded by the General Fund ($322,444) and the Library Fund ($64,180) proportionally based on the size of the City’s workforce. The amount shown in the additional contribution column for FY 23/24 of $386,624 also includes $86,624, which is the savings from prepaying the City’s unfunded liability payment for the entire fiscal year in July. The City has also been applying the prepayment savings to the unfunded liability as an additional payment each year since 2017/18.

2. Continued reduction of the City’s unfunded retiree medical liability – Since fiscal year 2016/17, the Council has directed that contributions be made to the City’s OPEB trust with CalPERS. For FY 2023/24, a total contribution of $500,000 is recommended.

The table below reflects the payments made in recent years, as well as the payments to be made for the current year. Staff recommends that the Council approve a payment of $500,000 for the current year which would be funded by the General Fund ($417,000) and the Library Fund ($83,000) proportionally based on the size of the City’s workforce.

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FISCAL YEAR END 2022/2023 GENERAL FUND YEAR END RESULTS P a g e | 7
Fiscal Year General Fund
Contribution
Library Fund
Contribution Total Payment
2016/17 $200,000 $ 34,406 $ 234,406
2017/18 200,000 34,412 234,412
2018/19 200,000 34,412 234,412
2019/20 200,000 30,718 230,718
2020/21 253,410 46,590 300,000
2021/22 229,500 40,500 270,000
2022/23 426,200 85,400 511,600
2023/24 417,000 83,000 500,000

3. During FY 2022/23 the City used several million dollars from the Special Reserve Fund to fund the shortfall in the Annual Pavement Project – Zone 5 & 6B. It is recommended that the City Council set aside $1,000,000 in the Special Reserve Fund to help replenish the fund and save for future projects.

4. Library Reserves – The Library had $1.4 million in excess revenue over expenditures for FY 2022/23. In addition to the previously mentioned contributions for unfunded pension and healthcare liabilities, it is recommended that the City Council approve an appropriation of FY 2022/23 excess reserves to the Library Reserve Fund in the amount of $500,000 for future maintenance and capital improvements on the Library.

FISCAL IMPACT
The year-end General Fund results for fiscal year 2022/23 were positive and resulted in an available reserve balance of $26,548,359 or 58.4% of FY 2023/24 General Fund expenditures. After considering the recommendations included in this report, operating reserves are anticipated to remain safely above the City Council’s minimum balance policy of 50% of General Fund expenditures at approximately 54.6%.

ATTACHMENTS

1. Attachment A – List of Budget Adjustments for FY 2022/23

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ATTACHMENT A
Date Type Purpose Amount Authorization Fund Department Account No.

GENERAL FUND ADJUSTMENTS
7/1/2022 Appropriation FY 21/22 Carryovers - General Fund (Reserves) $ 279,318 City Council General Finance Various BUA-199 7/1/2022 Appropriation FY 21/22 Carryovers - General Fund (Reserves) - Adjustment $ 193 City Council General Finance Various BUA-199 8/2/2023 Appropriation Professional Services - HF&H for organic program implementation $ 80,500 City Council General Administration 1010170-433950 BUA-248 9/21/2022 Appropriation Reimbursement to OCTA for sale of property @ 18231 Imperial Hwy $ 541,533 City Council General Public Works 101310-433950 BUA-128 11/16/2022 Appropriation Reimbursement to Zelman Development per Subdivision Agreement $ 68,268 City Council General (Reserves) Public Works 1010310-433950 BUA-82 12/6/2022 Appropriation Additional contribution to unfunded CalPERS liability - excess reserves $ 305,679 City Council General (Reserves) Finance 1010120-411120 BUA-105 12/6/2022 Appropriation Additional contribution to unfunded OPEB liability - excess reserves $ 426,200 City Council General (Reserves) Finance 1010120-411130 BUA-105 12/6/2022 Appropriation Transfer year end excess General Fund reserves to Special Reserves $ 5,000,000 City Council General (Reserves) Finance 101199-491020 BUA-105 12/20/2022 Appropriation Additional costs for weed abatement - YL Fuel Reduction Project $ 59,019 City Council CIP Public Works 4010050-461640 BUA-104 12/20/2022 Transfer Additional costs for weed abatement - Should be in "Transfer" Section $ (59,019) City Council CIP Public Works 4010050-461640 BUA-104 1/4/2023 Appropriation Additional cost for Police Flock Cameras $ 1,200 City Manager General Administration 1010500-461210 BUA-4 1/5/2023 Appropriation Additional cost for City claims/settlements $ 25,000 City Manager General Administration 1010150-427460 BUA-8 1/27/2023 Appropriation Neighborhood Watch signs $ 5,000 City Manager General Public Works 1010330-421640 BUA-123 3/7/2023 Appropriation FY 22/23 Mid-Year Budget Adjustments $ 1,392,681 City Council General Various Various BUA-38 5/23/2023 Appropriation Budget increase to Senior Mobility Program $ 25,000 City Manager General Parks & Rec 1010440-430230 BUA-115 6/21/2023 Appropriation Black Gold Emergency Storm Drain Repair $ 50,000 City Council General Public Works 1010330-462540 BUA-102 Total General Fund Adjustments - Through 4Q FY2022/23 $ 8,200,572

OTHER ADJUSTMENTS/TRANSFERS
7/1/2022 Transfer Adjust FY 22/23 adopted budget to correct accounts $ 30,000 City Manager LMAD Finance Various BUA-155 7/1/2022 Appropriation FY 21/22 Carryovers - Special Reserves Fund $ 64,770 City Council Special Reserves Finance Various BUA-199 7/1/2022 Appropriation FY 21/22 Carryovers - LMAD Fund $ 21,178 City Council Library Finance Various BUA-199 7/1/2022 Appropriation FY 21/22 Carryovers - Library Fund $ 2,675 City Council LMAD Finance Various BUA-199 7/1/2022 Appropriation FY 21/22 Carryovers - CIP Fund $ 2,822,459 City Council CIP Finance Various BUA-199 7/1/2022 Appropriation FY 21/22 Carryovers - Traffic Mitigation Fund $ 4,453 City Council Traffic Mitigation Finance Various BUA-199 7/1/2022 Appropriation FY 21/22 Carryovers - Black Gold Golf Course Fund $ 1,073,936 City Council Black Gold Golf Course Finance Various BUA-199 7/18/2022 Transfer Move budget for landscape replacement $ 3,000 City Manager Library Library 2020700-432700 BUA-78 7/20/2022 Transfer Move budget to correct object account for computer service/toner $ 19,000 City Manager General Information Tech 1010130-424150 BUA-101 7/27/2022 Appropriation Additional cost for purchase of vehicle $ 1,398 City Manager Special Reserves Parks & Recreation 1021000-461050 BUA-139 8/3/2022 Transfer Transfer budget for NAGDA conference $ 640 City Manager General Administration 1010120-426050 BUA-22 9/21/2022 Appropriation Amendment to contract with Merchants Landscaping Services $ 185,828 City Council LMAD Public Works 2010350-432950 BUA-128 9/21/2022 Appropriation Reimbursement to OCTA for sale of property @ 18231 Imperial Hwy $ 541,533 City Council Library Public Works 2021999-491010 BUA-128 10/7/2022 Transfer Move budget to correct object account for capital outlay $ 10,650 City Manager General Public Works 1010300-461150 BUA-29 10/10/2022 Transfer Move budget for staff shirt purchase $ 2,400 City Manager General Public Works 1010300-421100 BUA-31 10/11/2022 Transfer Move budget for emergency fuel purchases $ 15,000 City Manager General Public Works 1010330-421160 BUA-38 11/1/2022 Appropriation Additional appropriation for SI211001 from Measure M2 Fund $ 402,303 City Council CIP Public Works 4010050-461620 BUA-166 11/10/2022 Transfer Move budget for vehicle purchase $ 25,000 City Manager General Public Works 1010330-461050 BUA-64 11/22/2022 Transfer Move budget for window washing $ 8,100 City Manager Library Library 2020700-432100 BUA-112 11/22/2022 Transfer Move budget for day porter $ 4,500 City Manager Library Library 2020700-432100 BUA-116 12/20/2022 Transfer Additional costs for weed abatement - YL Fuel Reduction Project $ 59,019 City Council CIP Public Works 4010050-461640 BUA-104 12/21/2022 Appropriation Appropriate grant funds for electronic library collection $ 4,022 City Manager Library Library 2020700-427260 BUA-84 12/6/2022 Appropriation Additional contribution to unfunded CalPERS liability - excess reserves $ 61,283 City Council Library (Reserves) Finance 2020700-411120 BUA-105 12/6/2022 Appropriation Additional contribution to unfunded OPEB liability - excess reserves $ 85,400 City Council Library (Reserves) Finance 2020700-411130 BUA-105 12/6/2022 Appropriation Transfer year end excess General Fund reserves to Special Reserves $ 500,000 City Council Library (Reserves) Finance 2021999-492030 BUA-105 1/5/2023 Transfer Move budget for custodial supplies $ 1,500 City Manager General Parks & Recreation 1010500-421010 BUA-5 1/27/2023 Transfer Move budget for advertising costs $ 7,845 City Manager General Administration 1010160-424400 BUA-124 1/27/2023 Transfer Move budget for offsite storage costs $ 6,000 City Manager General Administration 1010160-430350 BUA-124 1/30/2023 Transfer Move budget for equipment/furniture $ 1,050 City Manager General Public Works 1010300-461100 BUA-128 City of Yorba Linda
Quarterly Listing of Year-To-Date Line-Item Budget Transfers and Supplemental Budget Appropriations Fiscal Year 2022/23 -Fourth Quarter Adjustments

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ATTACHMENT A
Date Type Purpose Amount Authorization Fund Department Account No.

City of Yorba Linda
Quarterly Listing of Year-To-Date Line-Item Budget Transfers and Supplemental Budget Appropriations Fiscal Year 2022/23 -Fourth Quarter Adjustments
2/6/2023 Transfer Move budget for Public Relations expenditures $ 3,750 City Manager General Administration 1010170-427100 BUA-22 2/7/2023 Appropriation Award of Contract - Adventure Playground Accessible Path of Travel $ 102,381 City Council CIP Parks & Recreation 4010050-461610 BUA-91 2/7/2023 Appropriation Emergency irrigation repair - Black Gold Golf Club $ 200,000 City Council Black Gold Golf Course Parks & Recreation 5010480-461040 BUA-180 2/27/2023 Transfer Move budget from PPT to Temp PT salary costs $ 33,297 City Manager General Finance 1010600-410120 BUA-122 2/27/2023 Transfer Move budget for office supplies, printing, OT $ 5,000 City Manager General Finance 1010600-410210 BUA-122 3/7/2023 Appropriation FY 22/23 Mid-Year Budget Adjustments $ 73,600 City Council LMAD Public Works Various BUA-38 3/7/2023 Appropriation FY 22/23 Mid-Year Budget Adjustments $ 9,100 City Council Library Library Various BUA-38 3/7/2023 Appropriation FY 22/23 Mid-Year Budget Adjustments $ 73,600 City Council Grant Fund Public Works 2071999-491010 BUA-38 3/7/2023 Appropriation Appropriate CDBG funds for Small Business Relief grants $ 150,000 City Council CDBG Administration 2080173-424710 BUA-43 3/16/2023 Transfer Transfer budget from FC231001 to FC231003 $ 5,020 City Manager CIP Parks & Recreation 4010050-461610 BUA-61 3/21/2023 Appropriation Additional appropriation for APPP Zone 5/6B $ 6,436,144 City Council CIP Public Works 4010050-461620 BUA-170 3/21/2023 Transfer Transfer from APPP Zone 6 to APPP Zone 5/6B $ 2,200,000 City Council CIP Public Works 4010050-461620 BUA-170 3/29/2023 Transfer Move budget for special supplies $ 2,500 City Manager General Public Works 1010340-421100 BUA-146 4/10/2023 Transfer Move budget for YLCC AV upgrades $ 15,000 City Manager General Parks & Recreation 1010440-463050 BUA-19 4/10/2023 Appropriation Additional appropriation for Bastanchury Road Median Modification $ 93,300 City Council CIP Public Works 4010050-461620 BUA-20 4/11/2023 Transfer Move budget for office equipment $ 650 City Manager General Administration 1010110-461100 BUA-46 4/27/2023 Transfer Move budget for painting gymnasium $ 42,000 City Manager General Parks & Recreation 1010420-430250 BUA-128 5/4/2023 Transfer Move budget for mobile storage container $ 6,230 City Manager General Parks & Recreation 1010475-461100 BUA-15 5/9/2023 Transfer Move budget for special events $ 2,000 City Manager General Parks & Recreation 1010430-433500 BUA-28 5/9/2023 Transfer Move budget for machinery/equipment maintenance $ 6,000 City Manager General Public Works 1010330-461150 BUA-32 5/10/2023 Transfer Move budget for multi-agency interviews $ 1,200 City Manager General Public Works 1010300-426050 BUA-46 5/16/2023 Transfer Move budget for custodial supplies $ 3,000 City Manager General Parks & Recreation 1010440-421010 BUA-65 5/18/2023 Transfer Move budget for chair purchase $ 1,100 City Manager General Public Works 1010300-461100 BUA-102 5/18/2023 Transfer Move budget for consultant services $ 5,000 City Manager General Public Works 1010300-431950 BUA-104 5/19/2023 Appropriation Appropriation of CDBG carryovers $ 24,473 City Manager CDBG Community Dev 2080173-428200 BUA-107 5/22/2023 Appropriation Reverse Mid-Term Adjustment $ (78,045) City Manager CDBG Community Dev 2080173-428240 BUA-111 5/23/2023 Transfer Move budget for meetings/travel seminars $ 1,500 City Manager General Community Dev 1010220-426050 BUA-113 5/25/2023 Transfer Move budget for recreation supplies $ 4,000 City Manager General Parks & Recreation 1010430-421140 BUA-143 6/1/2023 Transfer Move budget for capital outlay $ 700 City Manager General Parks & Recreation 1010475-461100 BUA-6 6/5/2023 Transfer Move budget for gasoline expenses $ 18,000 City Manager General Public Works 1010330-421160 BUA-10 6/8/2023 Transfer Move budget for facilities maintenance $ 13,000 City Manager General Parks & Recreation 1010470-432750 BUA-34 6/14/2023 Transfer Move budget for uniforms $ 1,360 City Manager General Community Dev 1010210-424550 BUA-53 6/14/2023 Transfer Move budget for office furniture $ 1,560 City Manager General Community Dev 1010230-461100 BUA-60 6/14/2023 Appropriation Appropriation for traffic signal knockdown $ 17,600 City Manager LMAD Public Works 2010350-432850 BUA-65 6/15/2023 Transfer Move budget for building improvements $ 700 City Manager General Parks & Recreation 1010440-463050 BUA-78 6/19/2023 Appropriation Additional funds for automobiles $ 19,822 City Manager AQMD Public Works 2091000-461050 BUA-88 6/19/2023 Transfer Move budget for legal advertising $ 8,000 City Manager General Administration 1010160-424400 BUA-90 6/30/2023 Appropriation Transfer Out - BGGC Reserve $ 511,688 City Council Black Gold Golf Course Parks & Recreation 5011999-495030 BUA-577 6/30/2023 Appropriation FY 2022/23 Final Budget Adjustments $ 664,290 City Council Special Reserves Finance 1021999-491010 BUA-604 6/30/2023 Appropriation FY 2022/23 Final Budget Adjustments $ 2,479 City Council CDBG Finance 2081999-494010 BUA-604 6/30/2023 Appropriation FY 2022/23 Final Budget Adjustments $ 4,615 City Council Measure M2 Finance 2121999-494010 BUA-604 6/30/2023 Appropriation FY 2022/23 Final Budget Adjustments $ 932 City Council COPS Finance 2151999-491010 BUA-604 6/30/2023 Appropriation FY 2022/23 Final Budget Adjustments $ 32,686 City Council ARPA Finance 2181999-494010 BUA-604 6/30/2023 Appropriation FY 2022/23 Final Budget Adjustments $ 597,187 City Council CIP Finance 4010050-4616XX BUA-604

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Yorba Linda City CouncilMarch 19, 2024

Yorba Linda City Council
March 19, 2024