Agenda packet — Yorba Linda City Council, November 19, 2024 (part 2 of 2)

Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant
Project No. Contract No. Date
Actual Hourly
Rate
Total
Project Manager Alan Ashimine* $ 109.88 $ 8,790.40
Principal in Charge Richard Beck* $ 138.10 $ 1,519.10
Task Lead Jessica Ditto* $ 60.19 $ 8,005.27
Biological Resources Anisha Malik* $ 71.29 $ 3,279.34
Biological Resources Stephen Anderson* $ 57.99 $ 4,987.14 Hazardous Waste Kristen Bogue* $ 87.28 $ 5,935.04
Water Quality Nora Jans* $ 59.75 $ 5,377.50
QA/QC Melissa Whittemore* $ 75.50 $ 1,434.50
CEQA/NEPA Analysis Winnie Woo $ 43.84 $ 9,469.44
CEQA/NEPA Analysis Allie Beauregard $ 43.53 $ 11,013.09 CEQA/NEPA Analysis Frances Yau, AICP $ 66.90 $ 2,274.60 CEQA/NEPA Analysis Kathy Tung, AICP $ 70.82 $ 1,133.12
Biological Resources Daniel Cardoza $ 76.00 $ 608.00
Section 4(f) Resource Noelle Anderson $ 60.39 $ 2,415.60 Total Hours

LABOR COSTS
a) Subtotal Direct Labor Costs $ 66,242.14
b) Anticipated Salary Increases (see page 2 for sample) $ 2,649.69 c) TOTAL DIRECT LABOR COSTS [(a)+(b)] $ 68,891.83

INDIRECT COSTS
d) Fringe Benefits (Rate 46.067% ) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ 31,736.40 f) Overhead (Rate 46.664% ) g) Overhead [(c) x (f)] $ 32,147.68 h) General and Administrative (Rate 48.129% ) i) Gen & Admin [(c) x (h)] $ 33,156.95 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 97,041.03
FIXED FEE k) TOTAL FIXED FEE [(c) + (J)] x fixed fee: 10.00% $ 16,593.29 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Unit Cost TOTAL
$0.67 $335.00
$1,500.00 $1,500.00
$0.00
$1,000.00 $1,000.00
l) TOTAL OTHER DIRECT COSTS $2,835.00
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $ 32,120.69
$ 44,568.95
m) TOTAL SUBCONSULTANTS' COSTS $76,689.65
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $79,524.65 TOTAL COST [(c) + (j) + (k) + (n)] $ 262,050.78
Notes:

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany. with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Cogstone
Terry A. Hayes Associates

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing age requirements must be marked Environmental records searches 1 1
Printing and Reprographics 1 1
Permits
Description of Item Quantity Unit
Mileage Costs 500 Mile
1,100
46 86
68 90
19 216
253
34 16
8 40
133
COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Michael Baker International, Inc.

Savi Ranch Project TBD 10/8/2024
Classification/Title Name Hours
80 11

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Local Assistance Procedures Manual EXHIBIT 10-H
Cost Proposal
Consultant Contract No. Date 10/8/2024

1. Calculate average hourly rate for 1st year of contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours Avg 5 year
Subtotal Per Cost cost Proposal Hourly Contract
Proposal Rate Duration
$ 66,242.14 / 1,100 = $ 60.22 Year 1 avg
Hourly rate

2. Calculate hourly rate for all years (increase the Average Hourly rate for a year by proposed escalation%) Average hourly rate Proposed Escalation
Year 1 $ 60.22 + 5% = $ 63.23 Year 2 Avg Hourly Rate
Year 2 $ 63.23 + 5% = $ 66.39 Year 3 Avg Hourly Rate
Year 3 $ 66.39 + 5% = $ 69.71 Year 4 Avg Hourly Rate
Year 4 $ 69.71 + 5% = $ 73.20 Year 5 Avg Hourly Rate

3. Calculate estimated hour per year (multiply estimate % each year by total hours) Estimated % Completed Total Hours Per Cost Total Hours per Each year Proposal Year
Year 1 20.0% * 1100 = 220.0 Estimated Hours Year 1
Year 2 80.0% * 1100 = 880.0 Estimated Hours Year 2
Year 3 0.0% * 1100 = 0.0 Estimated Hours Year 3
Year 4 0.0% * 1100 = 0.0 Estimated Hours Year 4
Year 5 0.0% * 1100 = 0.0 Estimated Hours Year 5
Total 100.0% Total = 1100.0

4. Calculate Total Costs including Escalation (multiply average hourly rate by the number hours) Avg Hourly Rate Estimated hours Cost Per
(Calculated above) (Calculated above) Year
Year 1 $ 60.22 * 220.0 = $ 13,248.43 Estimated Hours Year 1 Year 2 $ 63.23 * 880.0 = $ 55,643.40 Estimated Hours Year 2 Year 3 $ 66.39 * 0.0 = $ - Estimated Hours Year 3
Year 4 $ 69.71 * 0.0 = $ - Estimated Hours Year 4
Year 5 $ 73.20 * 0.0 = $ - Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $ 68,891.83
Direct Labor Subtotal before Escalation = $ 66,242.14
Estimated Total of Direct Labor Salary Increase = $ 2,649.69 Transferred to page 1 Notes:
number of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the number of year is not acceptable. (i.e., $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the EXHIBIT 10-H1 COST PROPOSAL (Page 2 of 3)

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Michael Baker International, Inc. TBD

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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:

Name: Richard Beck Title*:

Signature: Date of Certification (mm/dd/yyyy): 9/30/2024 Email: [email protected] Phone Number:

Address:

List of services the consultant is providing under the proposed contract:

3. Title 23 United State Code Section 112 - Letting of Contracts EXHIBIT 10-H1 COST PROPOSAL (Page 3 of 3)
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements.

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract.
949-855-3687
5 Hutton Centre Drive, Suite 500; Santa Ana, CA 92707
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Professional Design and Engineering Services

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable Federal and State requirements. Costs that are non-compliant with the Federal and State requirements are not eligible for reimbursement
Vice President

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City of Yorba Linda
Environmental Documentation Services on the Savi Ranch Parkway Widening and Connect Savi Ranch Project Fee Worksheet - October 10, 2024
Name Alan Ashimine* Richard Beck* Jessica Ditto* Anisha Malik* Stephen Anderson* Kristen Bogue* Nora Jans* Melissa Whittemore* Winnie Woo Allie Beauregard Frances Yau, AICP Classification Project Manager Principal in
Charge Task Lead Biological Resources
Biological
Resources Hazardous Waste Water Quality QA/QC CEQA/NEPA Analysis

CEQA/NEPA
Analysis

CEQA/NEPA
Analysis
Task No. Task Description $ 291.12 $ 365.89 $ 159.47 $ 188.88 $ 153.64 $ 231.24 $ 158.31 $ 200.03 $ 116.15 $ 115.33 $ 177.25

1.0 PROJECT MANAGEMENT 60 6 0 40 0 0 0 0 0 0 16

1.1 Meetings & Management 60 6 40 16

2.0 PROJECT APPROVAL AND ENVIRONMENTAL
DOCUMENTATION REPORT 20 5 133 6 86 68 90 19 216 253 18

2.1 Research, Investigation, Project Description 2 1 12 1 40

2.2 Preliiminary Environmental Study (PES) Form 4 1 20 2 40 60

2.3 Technical Studies

2.3.1 Air Quality Technical Memorandum 1 1 1

2.3.2 Noise Study Report 1 1 1

2.3.3 Phase I Initial Site Assessment 1 28 1 108

2.3.4 Water Quality Techical Memorandum 1 90 1

2.3.5 Natural Environment Study (Minimal Impacts) 1 6 86 1

2.3.6 Section 4(f) Memorandum 1 58 1

2.3.7 Visual Impact Memorandum 1 40 1 45

2.3.8 HPSR/ASR/HRER 1 1 1

2.4 CEQA Addendum 4 2 32 6 50 70 18

2.5 NEPA Categorical Exclusion 2 1 8 2 18 38
80 11 133 46 86 68 90 19 216 253 34
$23,289.81 $4,024.79 $21,209.64 $8,688.48 $13,213.23 $15,724.65 $14,247.47 $3,800.65 $25,088.90 $29,178.74 $6,026.46 Michael Baker International, Inc.

Escalation (From 10-H1):

Total Hours and Fee:

Other Direct Costs/Aerial Survey:

Subtotal Hours:

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City of Yorba Linda
Environmental Documentation Services on the Savi Ranch Parkway Widening and Connect Savi Ranch Project Fee Worksheet - October 10, 2024
Name
Classification
Task No. Task Description

1.0 PROJECT MANAGEMENT

1.1 Meetings & Management

2.0 PROJECT APPROVAL AND ENVIRONMENTAL

DOCUMENTATION REPORT

2.1 Research, Investigation, Project Description

2.2 Preliiminary Environmental Study (PES) Form

2.3 Technical Studies

2.3.1 Air Quality Technical Memorandum

2.3.2 Noise Study Report

2.3.3 Phase I Initial Site Assessment

2.3.4 Water Quality Techical Memorandum

2.3.5 Natural Environment Study (Minimal Impacts)

2.3.6 Section 4(f) Memorandum

2.3.7 Visual Impact Memorandum

2.3.8 HPSR/ASR/HRER

2.4 CEQA Addendum

2.5 NEPA Categorical Exclusion
Michael Baker International, Inc.

Escalation (From 10-H1):

Total Hours and Fee:

Other Direct Costs/Aerial Survey:

Subtotal Hours:

Kathy Tung, AICP Daniel Cardoza Noelle Anderson

CEQA/NEPA
Analysis
Biological
Resources
Section 4(f)
Resource
$ 187.63 $ 201.36 $ 160.00 Hours Fee Hours Fee Hours Fee 0 0 0 122 $30,053.88 0 $0.00 0 $0.00 0 $0.00 122 $30,053.88 122 $30,053.88 0 $0.00 0 $0.00 0 $0.00 122 $30,053.88
16 8 40 978 $145,452.02 228 $29,408.48 366 $42,725.92 594 $72,134.40 1,572 $217,586.41 56 $7,675.06 0 $0.00 0 $0.00 0 $0.00 56 $7,675.06
127 $16,685.82 0 $0.00 0 $0.00 0 $0.00 127 $16,685.82
0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00
3 $650.63 0 $0.00 148 $18,250.74 148 $18,250.74 151 $18,901.37 3 $650.63 0 $0.00 218 $24,475.17 218 $24,475.17 221 $25,125.80 138 $19,510.46 0 $0.00 0 $0.00 0 $0.00 138 $19,510.46
92 $14,738.63 0 $0.00 0 $0.00 0 $0.00 92 $14,738.63
8 102 $16,448.54 0 $0.00 0 $0.00 0 $0.00 102 $16,448.54 40 100 $16,140.51 0 $0.00 0 $0.00 0 $0.00 100 $16,140.51 87 $14,930.85 0 $0.00 0 $0.00 0 $0.00 87 $14,930.85
3 $650.63 228 $29,408.48 0 $0.00 228 $29,408.48 231 $30,059.11 16 198 $28,272.97 0 $0.00 0 $0.00 0 $0.00 198 $28,272.97 69 $9,097.29 0 $0.00 0 $0.00 0 $0.00 69 $9,097.29
16 8 40 1,100 $175,505.90 228 $29,408.48 366 $42,725.92 594 $72,134.40 1,694 $247,640.30 $2,835.00 $1,977.00 $134.00 $2,111.00 $4,946.00
$7,020.24 $735.21 $1,709.04 $2,444.25 $9,464.48
$3,002.16 $1,610.87 $6,400.04 1,100 $185,361.14 228 $32,120.69 366 $44,568.95 594 $76,689.65 1,694 $262,050.78 Cogstone Terry A. Hayes Associates Total Subconsultant(s) Michael Baker Total Team Fee
Total Michael
Baker Hours
Total Michael Baker
Fee
Total Michael
Baker Team
Hours

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Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant
Project No. Contract No. Date
Actual Hourly
Rate
Total
Principal Archaeologist Molly Valasik $ 64.14 $ 1,282.80 Principal Investigator for Archaeology III John Gust $ 49.18 $ 2,262.28 Principal Investigator for Paleontology II Kim Scott $ 45.54 $ 364.32 Architectural Historian Shannon Lopez $ 37.08 $ 1,928.16 Supervisor II Sandy Duarte $ 38.63 $ 849.86
GIS Manager Logan Freeberg $ 36.05 $ 1,189.65
Technician I TBD $ 27.00 $ 1,026.00
Technical Editor Deborah Webster $ 38.11 $ 342.99
Total Hours

LABOR COSTS
a) Subtotal Direct Labor Costs $ 9,246.06
b) Anticipated Salary Increases (see page 2 for sample) $ 231.15 c) TOTAL DIRECT LABOR COSTS [(a)+(b)] $ 9,477.21

INDIRECT COSTS
d) Fringe Benefits (Rate 39.960% ) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ 3,787.09 f) Overhead (Rate 101.850% ) g) Overhead [(c) x (f)] $ 9,652.54 h) General and Administrative (Rate 47.340% ) i) Gen & Admin [(c) x (h)] $ 4,486.51 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 17,926.15
FIXED FEE k) TOTAL FIXED FEE [(c) + (J)] x fixed fee: 10.00% $ 2,740.34 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Unit Cost TOTAL
$185.00 $1,850.00
$6.00 $60.00
$0.67 $67.00
l) TOTAL OTHER DIRECT COSTS $1,977.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $1,977.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 32,120.69
Notes:

3. Anticipated salary increases calculation (page 2) must accompany.

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing age requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Certified Mail 10 Stamp
Mileage 100 Mile
Description of Item Quantity Unit
Cultural Records Search (SCCIC) 10 Hour
228
Classification/Title Name Hours
20 46
8 52
22 33
38 9
COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Cogstone
Savi Ranch Project TBD 10/8/2024

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Local Assistance Procedures Manual EXHIBIT 10-H
Cost Proposal
Consultant Contract No. Date 10/8/2024

2. Calculate hourly rate for all years (increase the Average Hourly rate for a year by proposed escalation%) Average hourly rate Proposed Escalation
Year 1 $ 40.55 + 5% = $ 42.58 Year 2 Avg Hourly Rate
Year 2 $ 42.58 + 5% = $ 44.71 Year 3 Avg Hourly Rate
Year 3 $ 44.71 + 5% = $ 46.95 Year 4 Avg Hourly Rate
Year 4 $ 46.95 + 5% = $ 49.29 Year 5 Avg Hourly Rate

3. Calculate estimated hour per year (multiply estimate % each year by total hours) Estimated % Completed Total Hours Per Cost Total Hours per Each year Proposal Year
Year 1 50.0% * 228 = 114.0 Estimated Hours Year 1
Year 2 50.0% * 228 = 114.0 Estimated Hours Year 2
Year 3 0.0% * 228 = 0.0 Estimated Hours Year 3
Year 4 0.0% * 228 = 0.0 Estimated Hours Year 4
Year 5 0.0% * 228 = 0.0 Estimated Hours Year 5
Total 100.0% Total = 228.0

4. Calculate Total Costs including Escalation (multiply average hourly rate by the number hours) Avg Hourly Rate Estimated hours Cost Per
(Calculated above) (Calculated above) Year
Year 1 $ 40.55 * 114.0 = $ 4,623.03 Estimated Hours Year 1 Year 2 $ 42.58 * 114.0 = $ 4,854.18 Estimated Hours Year 2 Year 3 $ 44.71 * 0.0 = $ - Estimated Hours Year 3
Year 4 $ 46.95 * 0.0 = $ - Estimated Hours Year 4
Year 5 $ 49.29 * 0.0 = $ - Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $ 9,477.21
Direct Labor Subtotal before Escalation = $ 9,246.06
Estimated Total of Direct Labor Salary Increase = $ 231.15 Transferred to page 1 Notes:
number of years of the contract, and a breakdown of the labor to be performed each year.

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the EXHIBIT 10-H1 COST PROPOSAL (Page 2 of 3)

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Cogstone TBD

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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:

Name: Holly Adair Title*:

Signature: Date of Certification (mm/dd/yyyy): 10/8/2024 Email: [email protected] Phone Number:

Address:

List of services the consultant is providing under the proposed contract:
714-974-8300
1518 W. Taft Avenue, Orange, CA 92865
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Cultural Resources Consulting Services.

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract.

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City of Yorba Linda
Environmental Documentation Services on the Savi Ranch Parkway Widening and Connect Savi Ranch Project Fee Worksheet - October 10, 2024
Name Molly Valasik John Gust Kim Scott Shannon Lopez Sandy Duarte Logan Freeberg TBD Debbie Webster Classification Principal
Archaeologist
Principal
Investigator for
Archaeology III
Principal
Investigator for
Paleontology II
Architectural
Historian Supervisor II GIS Manager Technician I Technical Editor Task No. Task Description $ 204.01 $ 156.42 $ 144.85 $ 117.94 $ 122.87 $ 114.66 $ 85.88 $ 121.21

2.0 PROJECT APPROVAL AND ENVIRONMENTAL
DOCUMENTATION REPORT 20 46 8 52 22 33 38 9 228 $29,408.48

2.3.8 HPSR/ASR/HRER 20 46 8 52 22 33 38 9 228 $29,408.48 20 46 8 52 22 33 38 9 228 $29,408.48
$1,977.00
$735.21
$4,080.14 $7,195.52 $1,158.77 $6,132.80 $2,703.11 $3,783.86 $3,263.35 $1,090.93 228 $32,120.69 Subtotal Hours:

Other Direct Costs/Aerial Survey:

Escalation (From 10-H):

Total Hours and Fee:

Cogstone
Cogstone Hours Cogstone Fee

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Cost Proposal
Prime Consultant Subconsultant 2nd Tier Subconsultant
Consultant
Project No. Contract No. Date
Actual Hourly
Rate
Total
Senior Associate Sam Silverman* $ 93.06 $ 2,047.32
Senior Air Quality Specialist Anders Sutherland $ 62.58 $ 3,504.48 Senior Noise Specialist Kieran Bartholow $ 49.14 $ 6,093.36 Assistant Air Quality and Noise Specialist Karen To $ 35.82 $ 5,301.36 GIS Specialist Henry Haprov $ 33.13 $ 530.08
Total Hours

LABOR COSTS
a) Subtotal Direct Labor Costs $ 17,476.60
b) Anticipated Salary Increases (see page 2 for sample) $ 699.06 c) TOTAL DIRECT LABOR COSTS [(a)+(b)] $ 18,175.66

INDIRECT COSTS
d) Fringe Benefits (Rate 31.250% ) e) TOTAL FRINGE BENEFITS [(c) x (d)] $ 5,679.90 f) Overhead (Rate 91.000% ) g) Overhead [(c) x (f)] $ 16,539.85 h) General and Administrative (Rate 0.000% ) i) Gen & Admin [(c) x (h)] $ - Caltrans Acceptance ID: D2020-0689
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 22,219.75
FIXED FEE k) TOTAL FIXED FEE [(c) + (J)] x fixed fee: 10.00% $ 4,039.54 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Unit Cost TOTAL
$0.67 $134.00
$0.00
$0.00
l) TOTAL OTHER DIRECT COSTS $134.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $134.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 44,568.95
Notes:

3. Anticipated salary increases calculation (page 2) must accompany.

Printing and Reprographics
Permits
Description of Item Quantity Unit
Mileage Costs 200 Mile
366
148
16 124
COST PROPOSAL 1

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Terry A. Hayes Associates
Savi Ranch Project TBD 10/8/2024
Classification/Title Name Hours
22 56

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Local Assistance Procedures Manual EXHIBIT 10-H
Cost Proposal
Consultant Contract No. Date 10/8/2024
`

2. Calculate hourly rate for all years (increase the Average Hourly rate for a year by proposed escalation%) Average hourly rate Proposed Escalation
Year 1 $ 47.75 + 5% = $ 50.14 Year 2 Avg Hourly Rate
Year 2 $ 50.14 + 5% = $ 52.64 Year 3 Avg Hourly Rate
Year 3 $ 52.64 + 5% = $ 55.28 Year 4 Avg Hourly Rate
Year 4 $ 55.28 + 5% = $ 58.04 Year 5 Avg Hourly Rate

3. Calculate estimated hour per year (multiply estimate % each year by total hours) Estimated % Completed Total Hours Per Cost Total Hours per Each year Proposal Year
Year 1 20.0% * 366 = 73.2 Estimated Hours Year 1
Year 2 80.0% * 366 = 292.8 Estimated Hours Year 2
Year 3 0.0% * 366 = 0.0 Estimated Hours Year 3
Year 4 0.0% * 366 = 0.0 Estimated Hours Year 4
Year 5 0.0% * 366 = 0.0 Estimated Hours Year 5
Total 100.0% Total = 366.0

4. Calculate Total Costs including Escalation (multiply average hourly rate by the number hours) Avg Hourly Rate Estimated hours Cost Per
(Calculated above) (Calculated above) Year
Year 1 $ 47.75 * 73.2 = $ 3,495.32 Estimated Hours Year 1 Year 2 $ 50.14 * 292.8 = $ 14,680.34 Estimated Hours Year 2 Year 3 $ 52.64 * 0.0 = $ - Estimated Hours Year 3
Year 4 $ 55.28 * 0.0 = $ - Estimated Hours Year 4
Year 5 $ 58.04 * 0.0 = $ - Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $ 18,175.66
Direct Labor Subtotal before Escalation = $ 17,476.60
Estimated Total of Direct Labor Salary Increase = $ 699.06 Transferred to page 1 Notes:
number of years of the contract, and a breakdown of the labor to be performed each year.

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the EXHIBIT 10-H1 COST PROPOSAL (Page 2 of 3)

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Terry A. Hayes Associates TBD

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Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Certification of Direct Costs:

Prime Consultant or Subconsultant Certifying:

Name: Terry Hayes Title*:

Signature: Date of Certification (mm/dd/yyyy): 10/7/2024 Email: [email protected] Phone Number:

Address:

List of services the consultant is providing under the proposed contract:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract.
(310) 839-4200
3535 Hayden Avenue, Suite 350, Culver City, CA 90232
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Professional Design and Engineering Services

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

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City of Yorba Linda
Environmental Documentation Services on the Savi Ranch Parkway Widening and Connect Savi Ranch Project Fee Worksheet - October 10, 2024
Name Sam Silverman* Anders Sutherland Kieran Bartholow Karen To Henry Haprov Classification Senior Associate Senior Air Quality
Specialist
Senior Noise
Specialist
Assistant Air
Quality and Noise
Specialist
GIS Specialist
Task No. Task Description $ 227.51 $ 152.99 $ 120.14 $ 87.57 $ 80.99

2.0 PROJECT APPROVAL AND ENVIRONMENTAL
DOCUMENTATION REPORT 22 56 124 148 16 366 $42,725.92

2.3.1 Air Quality Technical Memorandum 12 56 72 8 148 $18,250.74

2.3.2 Noise Study Report 10 124 76 8 218 $24,475.17
22 56 124 148 16 366 $42,725.92
$134.00
$1,709.04
$5,005.19 $8,567.58 $14,896.74 $12,960.50 $1,295.91 366 $44,568.95 Subtotal Hours:

Other Direct Costs/Aerial Survey:

Escalation (From 10-H):

Total Hours and Fee:

Terry A. Hayes Associates
Terry A. Hayes
Associates
Hours
Terry A. Hayes
Associates Fee

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MICHAEL BAKER INTERNATIONAL
5 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707

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ADMINISTRATION DEPARTMENT
DATE: NOVEMBER 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARK PULONE, CITY MANAGER
PREPARED BY: ALLISON ESTES, ASSISTANT TO THE CITY MANAGER SUBJECT: FUNDING REQUEST FOR MISS PLACENTIA/YORBA LINDA

SCHOLARSHIP ORGANIZATION FOR THE MISS YORBA LINDA

PAGEANT

RECOMMENDATION
It is recommended that the City Council:

1. Approve the funding request of $2,000 for the Miss Placentia/Yorba Linda Scholarship organization to support the 2025 Miss Yorba Linda Pageant; and

2. Approve an annual allocation of $2,000 for future funding, to be appropriated as part of the biennial budget adoption process.

BACKGROUND
The Miss Placentia/Yorba Linda Scholarship Organization hosts the annual Miss Yorba Linda Pageant, a program dedicated to empowering young women in our community by providing valuable skills, leadership development, and educational scholarships. The Miss Yorba Linda and Miss Placentia titleholders act as goodwill ambassadors and serve the communities of Yorba Linda and Placentia throughout their year of service. With ongoing support from the City of Yorba Linda, the program has awarded nearly $10,000 in scholarships annually, which helps participants pursue higher education and career goals.

DISCUSSION
Since 2019, the City Council has approved annual funding for this program, with contributions of $1,000 in 2019 and $2,000 each year in 2020, 2022, 2023, and 2024. This support has enabled the organization to provide essential resources, such as interview workshops and on-stage confidence training, which are crucial to participants’ personal and professional growth. For the upcoming February 1, 2025 Pageant, the Miss Placentia/Yorba Linda Scholarship organization is requesting a $2,000 donation to support the scholarship for Miss Yorba Linda 2025. By approving the requested $2,000 donation for the upcoming pageant and future annual support, the City Council will continue to invest in the personal and professional development of its youth.

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FISCAL IMPACT
Funding for the 2025 Miss Yorba Linda Scholarship Program has already been appropriated in the FY 2024/25 approved budget (City Council Public Relations, 1010100- 427100).

Future funding will continue to be allocated from this budget line.

ALTERNATIVES

1. Deny the funding request of $2,000 for the Miss Placentia/Yorba Linda Scholarship Organization for the 2025 Miss Yorba Linda Pageant.

2. Approve a different funding amount as determined by the Council.

ATTACHMENTS

1. Funding Request Letter from Miss Placentia/Yorba Linda Scholarship Organization, dated September 10, 2024

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MISS PLACENTIA YORBA LINDA SCHOLARSHIP ORGANIZATION
WWW.MissPYL.com
September 10, 2024
Ms. Allison Estes
City of Yorba Linda
Assistant to the City Manager
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Dear Ms. Estes,
Once again, thank you for your generous donation of $2,000 for the 2024 Miss Placentia/Yorba Linda Scholarship Organization. Without your support, we could not provide the program that empowers young women in our community and awards almost $10,000 in scholarships. With your support, our titleholders have been able to proudly represent the community. Miss Yorba Linda, Paulina Dole, was very accomplished at the state competition, Miss California 2024, receiving a preliminary talent award, health and fitness award, and was a top 12 finalist!
Your support has contributed to our title holders becoming Nurses, Teachers, a Chemical Engineer, a Choir Director, Occupational Therapist, Attorneys, Small Business Owners, Business Executives and more. Our delegates inevitably attribute landing their college or career interviews to the experiences gleaned from the dedicated interview workshops and on-stage confidence gained through competition.

Today, we are well under way in preparations for the February 1, 2025, Miss Placentia/Yorba Linda competition.

Would you be so kind as to support the 2025 program, with another kind donation of $2,000? If you have any questions, I can be reached at (714) 296-7535 or [email protected]. Please let me know if there are any further questions or steps you would like me to take.

Thank you in advance for your kind consideration.

Sincerely,
Peggy LaCroix
Peggy LaCroix
Executive Director
Miss Placentia/Yorba Linda Scholarship Organization

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FINANCE DEPARTMENT
DATE: November 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: SUNNY HAN, FINANCE DIRECTOR / CITY TREASURER
SUBJECT: MASTER PLAN OF DRAINAGE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR FISCAL YEAR 2023-24 AND FIVE-YEAR REPORT

RECOMMENDATION
It is recommended that the City Council receive and file the annual report of Master Plan of Drainage development impact fees for the fiscal year ended June 30, 2024, as well as the five-year report, both as required by the Mitigation Fee Act. The City has opted to make the required five-year findings for impact fees every year when the annual report is presented.

This increases efficiency and public transparency.

BACKGROUND
State law (Government Code Section 66006) requires each local agency that imposes development impact fees to follow certain accounting procedures for tracking fee revenue received and to prepare an annual report providing specific information about those fees.

These requirements are part of the law commonly referred to as AB 1600 or the Mitigation Fee Act (“The Act”). The annual report must be reviewed by the City Council at a regularly scheduled public meeting not less than 15 days after the information is made available to the public. In addition, notice of the time and place of the meeting must be mailed at least 15 days prior to the meeting to any interested party who files a written request with the City for such a mailed notice. A copy of this staff report was made available at the City Clerk's office and on the City website on November 4, 2024, in compliance with the Act.

The Act also requires that in the fifth fiscal year following the first receipt of a development impact fee and at least every five years thereafter the local agency must make certain findings with respect to any portion of the fee remaining unexpended, whether committed or uncommitted. These findings must 1) identify the purpose to which the fee is to be put, 2) demonstrate a reasonable relationship between the fee and the purpose for which it is charged, 3) identify all sources and amounts of funding anticipated to be utilized to complete incomplete improvements, and 4) provide the approximate dates on which the anticipated funding is expected to be received. Although the Master Plan of Drainage development impact fee is potentially not subject to the requirements of the Act, the City is following these requirements out of an abundance of caution.

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DISCUSSION / ANALYSIS
City Council Resolution No. 2000-3339, adopted by the City Council on March 7, 2000, most recently updated the fee schedule for Master Plan of Drainage development impact fees, which are assessed on new development to fund construction of storm drainage infrastructure contemplated in the City’s storm drainage master plan. The fees are levied pursuant to Section 17.12.100 of the Yorba Linda Municipal Code and were originally set by City Council Resolution No. 75, adopted by the City Council on July 1, 1968.

State law requires that certain content be included in the annual report, which is provided below:

A) A Brief description of the type of fee – The purpose of the fee is to fund the construction of facilities contemplated in the City’s master plan for storm drain infrastructure to accommodate storm run-off in accordance with the current version of the County’s hydrology manuals, including the 1986 Orange County Hydrology and Design Manuals and 1996 Addendum No. 1.

B) The Amount of the fee – The fee is $14,000 per acre.

C) The beginning and ending balance of the funds – See D below.

D) The amount of the fees collected and the interest earned – The table below summarizes the activity for the fiscal year ended June 30, 2024.

Item Amount
Balance as of July 1, 2023 $ 7,302,242.75
Fees Received -
Interest Revenue 251,847.41
Total Available Resources $ 7,554,090.16
Expenditures (656,083.64)
Balance as of June 30, 2024 $ 6,898,006.52
E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees - Funds were expended during Fiscal Year 2023-24 for the following projects:

Project Total Project
Cost
Percentage
Funded 1
Zone L2-F Live Oak Drainage Construction $35,676.92 100% Yorba Linda & Imperial Sinkhole Repair 538,412.70 100%
Black Gold Emergency Storm Drain Repair 81,994.02 100%
Total $656,083.64
1 This is the amount of the project funded with impact fee revenue.

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F) An identification of an approximate date by which the construction of the public improvement will commence if determined that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete – The City has not determined that sufficient funds have been collected to complete financing of incomplete public improvements other than any improvements that were completed during the current fiscal year.

G) A description of each interfund transfer or loan made from the funds – None.

H) The amount of refunds made pursuant to Section 66001(e) – None.

State law requires that at least every five years certain findings be made with respect to each impact fee being assessed. The following information is provided to satisfy this requirement:
(A) Identify the purpose to which the fee is to be put – The purpose of the Master Plan of Drainage fee is to fund the construction of facilities contemplated in the City’s master plan for storm drain infrastructure to accommodate storm run-off in accordance with the current version of the County’s hydrology manuals, including the 1986 Orange County Hydrology and Design Manuals and 1996 Addendum No. 1. (B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged – The fee is based on the relationship between the needed storm drain facilities and the vacant land capable of development that necessitates additional storm drain facilities as computed in the January 2000 report prepared by Berryman and Henigar, Incorporated.
(C) Identify all sources and amounts of funding anticipated for incomplete improvements – All facilities contemplated in the City’s master plan for storm drain infrastructure are anticipated to be funded 100% using Master Plan of Drainage fees. (D) Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund – The receipt of funding and the construction of improvements is dependent upon when undeveloped land remaining in the City is developed. Facilities contemplated in the City’s master plan for storm drain infrastructure are constructed when the land that they will serve is developed.

FISCAL IMPACT
There is no direct fiscal impact associated with this report.

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FINANCE DEPARTMENT
DATE: November 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: SUNNY HAN, FINANCE DIRECTOR / CITY TREASURER
SUBJECT: TRAFFIC DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR FISCAL YEAR 2023-24 AND FIVE-YEAR REPORT

RECOMMENDATION
It is recommended that the City Council receive and file the annual report of traffic development impact fees for the fiscal year ended June 30, 2024, as well as the five-year report, both as required by the Mitigation Fee Act. The City has opted to make the required five-year findings for impact fees every year when the annual report is presented. This increases efficiency and public transparency.

The Act also requires that in the fifth fiscal year following the first receipt of a development impact fee and at least every five years thereafter the local agency must make certain findings with respect to any portion of the fee remaining unexpended, whether committed or uncommitted. These findings must 1) identify the purpose to which the fee is to be put, 2) demonstrate a reasonable relationship between the fee and the purpose for which it is charged, 3) identify all sources and amounts of funding anticipated to be utilized to complete incomplete improvements, and 4) provide the approximate dates on which the anticipated funding is expected to be received. Although the traffic development impact fee is potentially not subject to the requirements of the Act, the City is following these requirements out of an abundance of caution.

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DISCUSSION
City Council Resolution No. 93-2830, adopted by the City Council on June 15, 1993, established the City’s traffic development impact fee, which is assessed on new development to fund construction of roadway facilities necessitated by new development.

State law requires that certain content be included in the annual report, which is provided below:

A) A Brief description of the type of fee – The purpose of the fee is to ensure that new development is paying its share of the transportation infrastructure costs associated with the growth proposed.

B) The Amount of the fee – The current fee is charged based on the land use and zoning of the development project as follows:
 Residential $600 per unit
 Industrial $0.15 per square foot
 Office $0.48 per square foot
 Commercial $1.98 per square foot
C) The beginning and ending balance of the funds – See D below.

D) The amount of the fees collected and the interest earned – The table below summarizes the activity for the fiscal year ended June 30, 2024.

Item Amount
Balance as of July 1, 2023 $ 579,506.64 1
Fees Received 13,917.20
Interest Revenue 26,454.55
Total Available Resources $ 619,878.39
Expenditures 161,090.17
Balance as of June 30, 2024 $ 458,788.22

1 The beginning fund balance has been adjusted by $2,125.21 to reflect the final audited balance.

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E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees - Funds were expended during Fiscal Year 2023-24 for the following projects:

Project Total Project
Cost
Percentage
Funded 1
Savi Ranch Pkwy. Improvements $36,391.43 12%
Bastanchury Road Median Modification 40,522.91 100%
Traffic Signal - Bastanchury Rd. at Casa
Loma Ave. 15,429.06 4%
Active Transportation Plan Study 9,870.16 4%
Traffic Calming / Safety /Operations
Improvements 58,876.61 100%
$161,090.17
1 This is the amount of the project funded with impact fee revenue.

F) An identification of an approximate date by which the construction of the public improvement will commence if determined that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete – The City has not determined that sufficient funds have been collected to complete financing of incomplete public improvements other than any improvements that were completed during the current fiscal year.

G) A description of each interfund transfer or loan made from the funds – None.

H) The amount of refunds made pursuant to Section 66001(e) – None.

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availability at the time a project is moved forward.
(D) Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund – The receipt of funding and the construction of improvements is dependent upon when undeveloped land remaining in the City is developed. Facilities constructed utilizing traffic development impact fee funding are constructed when all required funding is available and the City Engineer has determined that it is appropriate for the project to move forward.

FISCAL IMPACT
There is no direct fiscal impact associated with this report.

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PARKS AND RECREATION DEPARTMENT
DATE: NOVEMBER 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, DIRECTOR OF PARKS AND RECREATION
PREPARED BY: RICH CESSNA, BLACK GOLD GENERAL MANAGER
SUBJECT: 2023-2024 BLACK GOLD GOLF CLUB FISCAL YEAR IN REVIEW

RECOMMENDATION
It is recommended that City Council review the year-end report and appropriate a transfer of the FY 2023-2024 Black Gold Golf Club net profit in the amount of $1,052,605 to the Black Gold Golf Club capital reserve fund.

BACKGROUND
Annually, a report is provided to the City Council to review the performance of Black Gold Golf Club for the previous fiscal year.

DISCUSSION
The Black Gold Golf Club has experienced the greatest financial success over the past four years since its opening in 2001. Over the past three years alone, Black Gold has recorded more than $3.1 million in net income, while simultaneously increasing their overall customer service satisfaction and product scores. Although the growth of the business has positively impacted all departments, the greatest impact on the residents of Yorba Linda has been the Food & Beverage operation. The revamped Food & Beverage experience has proven to be very popular with both residents and non-residents.

After successfully securing the very first “Best of OC” golf course by the readers of the Orange County Register in 2023, the team at Black Gold went back-to-back with the second “Best of OC” award again in 2024. Considering the competition includes incredible facilities like Pelican Hill, Strawberry Farms, Monarch Beach, and Oak Creek, achieving Best of Orange County just once would be an incredible accomplishment, but back-to-back shows the commitment and dedication of a professional team that is not resting on their laurels.

Golf Operations- Having firmly established the golf course as one of the finest in all of Orange County, Black Gold continues to be besieged by requests for not just standard tee times, but large golf tournament events. Hosting events for clients like ESPN LA 710, Black Gold Golf Club has become well known for providing an experience synonymous with

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upscale country clubs, but priced lower than all four of the premium golf facilities in their Orange County competitive set. The course at Black Gold is truly the highest value a guest can receive in Orange County, and that’s before they even visit Derricks for a fantastic meal.

Black Gold is host to a variety of great golf programs. Junior golf has always been and will always be the future of golf. Black Gold’s junior golf programs are widely popular with programs and classes routinely in very high demand. Black Gold also hosts numerous high school and college golfers throughout the year. Another popular program is The Roughneck’s Club, Black Gold’s loyalty program that provides guests with an opportunity to join one of the finest loyalty programs in all of golf. Most golf loyalty programs only utilize golf fees to track spending habits, but Black Gold applies every purchase from both golf and food & beverage towards earning additional benefits for its participants. The management staff wanted all of their loyal guests to have an opportunity to be rewarded for their patronage whether it be from golf fees, food & beverage, events, or weddings.

Although Mother Nature provided this past fiscal year with another wet winter after a record breaking 2022/2023 winter, Black Gold continued to set records no matter what challenges were presented. The winter flooding of 2022/2023 produced a large sinkhole in the middle of the tenth hole, which required a creative alternative until the sinkhole could be repaired.

During the 2023/2024 fiscal year a temporary solution was found until a permanent solution can be provided, which is currently being planned.

Despite the wet winter and spiking inflation, Black Gold’s popularity and reputation for providing an excellent experience allowed the facility to overcome the challenges and post record setting revenues. Rounds of golf played were also up with total rounds played finishing the year at 62,796 versus the prior year of 58,872, an increase of 3,924 rounds (6% increase). Total green fees collected increased by 12 percent over the previous year and exceeded budget by 9%. The total revenue per round increased by nearly 5% versus the previous year.

Starting with the 2021/2022 fiscal year, a new golf outing format was introduced targeting higher yielding events, with fewer overall events annually. After three years of data the format is working according to the plan. Larger events that utilize the entire facility are producing higher revenues, while maintaining more tee times the remainder of the week.

The goal was to place an emphasis on quality over quantity and reduce the overall number of events on weekends to provide as much access as possible to guests paying on weekends.

Golf operation highlights include:
 Green fee revenues were $5,427,097 exceeding budget by $432,610.  Increase in average dollar per round from $82 to $86.  Tournament revenues exceeded more than one million dollars in total revenues for the second year in a row.
 Range revenues exceeded the budget by $19,930 and the prior year by $41,459.

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 Black Gold is the host facility for boys & girls’ golf teams for the following schools:

CSUF, Yorba Linda HS, Esperanza HS, El Dorado HS, and Orange Lutheran HS.

Food & Beverage Operations- Derricks Grille has become a local favorite with Yorba Linda residents, as well as guests from surrounding cities. Chef Ron continues to create exciting cuisines with a variety of menus offered annually. The menu includes appropriate seasonal items, along with a new selection of wines that pair well with specific items. One of Chef Ron’s new adventures is the Food & Wine pairings with each event specific to regions around the world known for their eclectic food items. The event includes multiple courses with Chef Ron describing each serving, followed by a sommelier explaining what wine pairs best with that food item. Those wines are then made available for purchase at the end of the event. The evening always ends with desserts from the same region the food originated from.

The wedding and event business continued to be very successful at Black Gold with more than one million dollars in total revenues for the fiscal year. In addition, Center Wedding & Events at Yorba Linda Community Center experienced its best year ever with nearly $370,000 in total revenues. Between Black Gold and Center Wedding & Events, the team collected more than $3.8 million dollars in total food & beverage revenues, another record setting year.

Although the food & beverage operations at Black Gold and Center Wedding & Events were very successful, the increase in food costs due to inflation did have an impact on profits. If or when food costs begin to come down, an opportunity to not only increase profits will be presented, but an opportunity for Chef Ron and his team to create additional specials will also become available. The labor shortage did ease some in the later part of the fiscal year, but the cost to employ did not. Average wage increases to either hire or retain food & beverage team members exceeded budget and will continue to be challenging for the foreseeable future.

Over the past three years, the food & beverage department has experienced a growth rate of approximately 12.47% each year, with 2023/2024 fiscal year growing by nearly $450,000 over the previous year. Black Gold’s transformation from a golfer’s amenity to a standalone restaurant has truly been remarkable. The food & beverage department in fiscal year 2023/2024 exceeded budget by $510,986. Broken down by location, Black Gold exceeded budget by $459,446, while Center Wedding & Events exceeded budget by $51,540. Both locations also exceeded the previous year in total revenues.

Notable food & beverage statistics include:
 Total revenues for the department were 115% of the budget and 113% of the prior year.
 Derricks Grille a la carte revenues exceeded the budget by $280,440 and the prior year by $166,592.
 Weddings, events and banquet revenues exceeded the budget by $334,719 and the prior year by $273,753.

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 Center Wedding & Events at Yorba Linda Community Center revenues exceeded budget by $51,540 and prior year by $42,300.

Awards- Orange County Register’s “Best of OC” - Black Gold Golf Club voted #1 for the second year in a row. Black Gold Golf Club & Center Weddings & Events received the following awards, recognitions, and ratings during FY 2023/2024: Wedding Wire, 5.0 Stars; Couple’s Choice Award (Wedding Wire); The Knot, 4.8 Stars; Golf Range Association of America, Top 50 Public Ranges; Yelp, 4 Stars; KemperSports, and True Service Excellence Awards.

State of the Golf Industry- Golf participation continues to be strong with a second year in a row with more than forty million Americans enjoying the game. The COVID Pandemic reintroduced the game to millions with new adult players finding the game enjoyable and those that returned to the game after being away. Although junior golf has always been popular in Southern California, especially at Black Gold, the demand increased again resulting in all junior programs being sold out for the entire year. As always, our goal is to convert new and returning golfers into loyal guests of Black Gold Golf Club, as well as focusing on the growth of the game.

Looking to the future- There are two large scale projects, which will severely impact operation of the golf course. The projects include repair of the sink hole on hole #10, which was caused by a storm drain failure and construction of the solar canopy project. The sink hole project will take approximately six months to complete and will impact operation of the golf course since work will occur between the tee and green on #10. It will also impact food & beverage events, such as weddings and banquets, because the work will be extensive with a large pit, construction materials, a large mound of spoils, and the lake will need to be drained. The view of the lake and the golf course is one of the main selling points for weddings and banquet events. The solar project is also anticipated to take six to seven months to be constructed and will impact the property due to limited parking and closure of the driving range during construction of the project. The team at Black Gold has the experience and knowledge of the property to help expedite these projects and limit course disruption as much as possible.

FISCAL IMPACT
Black Gold Golf Club continues to make improvements in both products and services, which have led to a very positive fiscal impact. Revenue for FY 2023/2024 set another record at $10,530,453. There are very few eighteen hole golf facilities in the country that produce revenues of more than $10 million dollars annually. Total expenditures for FY 2023/2024 were $9,477,848, which included the $250,000 annual loan repayment. Therefore, net income was $1,052,605.

Staff recommends appropriating the net proceeds to the capital reserve fund. With this transfer, the balance of the reserve fund would increase to just over $2,000,000. The course and clubhouse are now twenty years old and will require significant repairs and upgrades in

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the future. In addition to large maintenance projects, City and Kemper staff are also evaluating potential significant upgrades to the property, which could enhance future revenues. Potential projects could include expansion and improvements to the restaurant patio and upgrades at the driving range to add ball flight trackers and lounge areas, similar to those at Top Golf facilities. The capital reserve fund can also be utilized if the golf course has a negative fiscal year, in which the reserve could be used to maintain the debt repayment schedule. The debt repayment schedule authorized by the City Council is still on track to be completely paid off by FY 27/28.

ALTERNATIVES
Do not appropriate a transfer of the FY 2023-2024 Black Gold Golf Club net profit in the amount of $1,052,605 to the Black Gold Golf Club capital reserve fund and provide direction to staff.

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PARKS AND RECREATION DEPARTMENT
DATE: NOVEMBER 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, DIRECTOR OF PARKS AND RECREATION
SUBJECT: EXTENSION OF GOLF COURSE MANAGEMENT AGREEMENT AND

EVENT SERVICES AGREEMENT WITH KEMPERSPORTS

RECOMMENDATION
It is recommended that the City Council authorize a 5-year extension of the Golf Course Management Agreement and the Event Services Agreement with KemperSports Management Inc.

BACKGROUND
The current agreements with KemperSports expire on June 30, 2025. KemperSports desires to extend the current agreements for an additional 5 years under the same terms, which is supported by staff. The Finance Committee reviewed this item during the meeting on March 19, 2024. At the meeting, Kemper’s year-end performance was reviewed along with a discussion on a contract extension. Members of the Finance Committee concurred with staff’s recommendation and were in support of a 5-year extension with Kemper.

DISCUSSION
Extending the agreement with KemperSports is advantageous for a variety of reasons.

Kemper provides excellent customer service for the residents and guests while continuing to maintain and operate the course at an extremely high level. In addition, the financial performance of Kemper, post Covid, has been exceptional. Over the last three years the golf course has seen revenue at an all-time high, with over $3M in cumulative net revenue, and is on track to pay off all debt by FY 27/28. During this time, a Capital Reserve fund was also established for Black Gold to assist with long-term financial stability by saving for future repairs to the course and clubhouse. The balance of the reserve fund would be slightly over $2M if net profits totaling $1,052,605 from FY 23/24 are added to the balance.

Over the next five years, Kemper’s expertise is needed to help complete two large scale projects, which will severely impact operation of the golf course. The projects include repair of the sink hole on hole #10, which was caused by a storm drain failure and construction of the solar canopy project. The sink hole project will take approximately six months to

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complete and will impact operation of the golf course since work will occur between the tee and green on #10. It will also impact food & beverage events, such as weddings and banquets, because the work will be extensive with a large pit, construction materials, a large mound of spoils, and the lake will need to be drained. The view of the lake and the golf course is one of the main selling points for weddings and banquet events.

The solar project is also anticipated to take six to seven months to be constructed and will impact the property due to limited parking and closure of the driving range during construction of the project. Kemper has the experience and knowledge of the property to help expedite these projects and limit course disruption as much as possible. The golf course was constructed 25 years ago and the City does not have accurate as-builts for the golf course infrastructure. However, Kemper’s staff has institutional knowledge of the course and is aware of where the critical main lines run throughout the property. This knowledge has been extremely valuable when developing plans for the sink hole repair and solar projects and will be absolutely critical during the construction phase of both projects.

FISCAL IMPACT
The fixed management fee for the golf course is $170,000 per year; however, KemperSports is eligible for a percentage management fee of 7% for qualifying revenue that exceeds $4.8M per year and 9% for qualifying revenue that exceeds $6M per year. The percentage management fee is capped at $250,000 per year. In FY 23/24 the total management fee for the golf course (fixed and percentage) was $420,000. The management fee for catering services at the Community Center is 4% of gross revenues, which was $13,624 in FY 23/24.

An extension of the agreements with KemperSports would keep the management fees and percentages at the established rates, without an increase for CPI or other factors. Locking in the management fee rates with Kemper over the next five years is a tremendous benefit as the cost of goods and services has been skyrocketing over the past few years. If the City were to issue an RFP and select a new management company, there would be an unknown fiscal impact. However, working with a new operator would also be extremely challenging in navigating the upcoming sink hole repair and solar projects.

ALTERNATIVES
The City Council may choose to direct staff to issue an RFP for management of Black Gold Golf Club and catering operating at the Yorba Linda Community Center. If this option is chosen, staff recommends extending the agreement for one-year to allow for a thorough RFP process and plan for a potential transition of the Alcoholic Beverage Control (“ABC”) licenses, which are held by KemperSports.

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ADMINISTRATION DEPARTMENT
DATE: NOVEMBER 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID CHRISTIAN, ASSISTANT CITY MANAGER
SUBJECT: PROPOSED FEE INCREASE FOR THE SHERIFF’S DEPARTMENT

TRAFFIC VIOLATOR APPREHENSION PROGRAM

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2024-5920 updating fees charged through the Orange County Sheriff’s Department Traffic Violator Apprehension Program and repealing Resolution No. 2020-5728.

BACKGROUND
On July 17, 2012, the City Council adopted Resolution No. 2012-5148, which authorized the collection of fees by the Orange County Sheriff’s Department (OCSD) within the City of Yorba Linda for the Traffic Violator Apprehension Program (TVAP). On December 1, 2020, the City Council adopted Resolution No. 2020-5728 updating the fees collected by OCSD for the TVAP and rescinded Resolution No. 2012-5148.

This program pools resources on a countywide basis to educate the public on safety issues regarding driver licensing, vehicle registration, vehicle operation, and parking pursuant to the California Vehicle Code. The objective of TVAP is to reduce the number of fatal and injury traffic collisions, reduce the number of hit and run collisions, and reduce the number of nighttime fatal and injury collisions.

DISCUSSION
Following completion of a cost study earlier this year, updated fees were approved by the Orange County Board of Supervisors on June 25, 2024. The cost study indicated that the fee should be the same regardless of the legal basis for removal, impound, storage or release of a vehicle, and that it should be increased from $144 to $174, to reflect actual costs. In order for the Sheriff’s Department to charge the updated fees within the City’s boundaries, approval is required by the City Council. The attached resolution authorizes the new fees to be charged by OCSD, effective immediately.

The County resolution also authorizes OCSD, effective July 1, 2025, and annually thereafter, to adjust administrative fees not to exceed the annual percentage of the LosPage 195 of 229 PROPOSED FEE INCREASE FOR THE SHERIFF’S DEPARTMENT TRAFFIC

VIOLATOR APPREHENSION PROGRAM
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Angeles-Long Beach-Anaheim “all-items” Consumer Price Index, provided that the amount does not exceed the actual costs to OCSD as determined by additional cost studies.

FISCAL IMPACT
The fees charged under this program are retained by the Sheriff’s Department for use in the countywide Traffic Violator Apprehension Program. Approval of the revised fees will allow the Sheriff’s Department to fully recover the costs for the removal, impound, storage or release of vehicles.

ALTERNATIVES
The City Council may decide not to approve the resolution on the revised administrative fees for the removal, impound, storage or release of vehicles. This alternative is not recommended as expenses would exceed the costs, and as a result, the Sheriff’s Department would either have to charge the City directly to recover the shortfall or reduce their TVAP services to the City.

ATTACHMENTS

1. Resolution No. 2024-5920

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RESOLUTION NO. 2024-5920

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YORBA LINDA

UPDATING THE FEES CHARGED THROUGH THE ORANGE COUNTY SHERIFF'S

DEPARTMENT TRAFFIC VIOLATOR APPREHENSION PROGRAM AND
REPEALING RESOLUTION NO. 2020-5728
WHEREAS, the City of Yorba Linda (the "City") contracts with the Orange County Sheriff’s Department ("Sheriff’s Department") for law enforcement services; and WHEREAS, as a contract city, the City is eligible to participate in the Sheriff’s Department's Traffic Violator Apprehension Program; and WHEREAS, the goals of the Traffic Violator Apprehension Program are to reduce the number of collisions involving suspended or unlicensed drivers, to reduce the number of hit and run and driving under the influence collisions, to establish a public education program to deter violators, and to establish a cost recovery system to pay for continued enforcement; and
WHEREAS, on June 25, 2024, the Orange County Board of Supervisors, based on a cost study by the Sheriff’s Department, approved an increase in the administrative fee for vehicle removal, impound, storage or release from $144 to $174 for vehicle removal pursuant to specific Vehicle Code violations and from $144 to $174 for vehicle removal due to driving without a license or with a suspended or revoked license, and authorization of an annual administrative fee adjustment effective July 1 of each year, starting in 2025, not to exceed the annual percentage of the Los Angeles-Long Beach-Anaheim “all items” Consumer Price Index; and
WHEREAS, the City desires to continue to participate in the Sheriff’s Department's Traffic Violator Apprehension Program as originally authorized in Resolution No. 2012- 5148; and
WHEREAS, the City desires to authorize the Sheriff’s Department to collect the recently approved increased fees within the City; and
WHEREAS, all of the fees will be collected by the County and deposited into the Traffic Violator Apprehension Fund for the use by this program exclusively; and WHEREAS, a Notice of Public Hearing with respect to the proposed new fees was given according to law; and
WHEREAS, a Public Hearing with respect to the proposed new fees was held before the Orange County Board of Supervisors on June 25, 2024.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Yorba Linda that Resolution No. 2020-5728 is hereby repealed and fees under the Sheriff’s Department Traffic Violator Apprehension Program shall be assessed as follows:

1. The foregoing recitals are true and correct and are a substantive part of this

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RESOLUTION NO. 2024-5920
PAGE NO. 2
Resolution; and

2. An administrative fee of one hundred seventy-four dollars ($174) shall be charged and collected for each vehicle removed/impounded/stored/released as a result of the vehicle removal pursuant to specific Vehicle Code violations, and a fee of one hundred seventy-four dollars ($174) shall be charged and collected for each vehicle removal due to driving without a license or with a suspended or revoked license; and

3. The Sheriff's Department is authorized to collect these fees on behalf of the City and will deposit them into the Traffic Violator Apprehension Fund for the use by this program exclusively; and

4. The City Council finds that this resolution does not violate article XIII C of the California Constitution, as amended by Proposition 26, because the fee charged is not a tax for purposes of article XIII C.

5. The City Council finds that in accordance with Section 21080(b)(8) of the California Public Resources Code, the charge identified is only for the purpose of meeting operating expenses and is, therefore, exempt from compliance with the California Environmental Quality Act.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 19th day of November, 2024. ______________________________

TARA CAMPBELL, MAYOR

CITY OF YORBA LINDA
ATTEST:
_______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:
_______________________________

TODD LITFIN, CITY ATTORNEY

RUTAN & TUCKER, LLP

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RESOLUTION NO. 2024-5920
PAGE NO. 3

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 19th day of November, 2024, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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COMMUNITY DEVELOPMENT DEPARTMENT
DATE: NOVEMBER 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATE FARNSWORTH, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: JIM SOWERS, BUILDING OFFICIAL
SUBJECT: DEMOLITION PERMIT REQUEST FOR 4854 MAIN STREET

RECOMMENDATION
It is recommended that the City Council approve the demolition permit request for 4854 Main Street.

BACKGROUND
Matt Luke, property owner of 4854 Main Street, is requesting approval of an after-the-fact demolition permit for a single-story commercial structure located at 4854 Main Street. The subject property is zone Town Center Specific Plan (TCSP), Historic Town Center District.

The property comprises of two parcels with a combined area of 0.39-acre.

The commercial office building was constructed in 1916, it was one-story and consisted of 3,821 square-foot in floor area. The commercial building had a wood frame, it was on a fixed concrete foundation with wood shiplap siding and a gable roof. The roof line had partially exposed eaves and a parapet wall that faced Main Street. This property is serviced by Yorba Linda Water District, Southern California Edison, and Southern California Gas.

In accordance with City Council Policy P-2, a demolition permit request is subject to review by the City Council. The purpose of City Council’s review is to protect potentially historic buildings from premature demolition by requiring all demolition permits to be approved by the City Council.

DISCUSSION
The existing 3,821 square-foot single-story commercial building was constructed in 1916; it was originally the Yorba Linda Garage. The commercial building was improved with wood shiplap siding, a gable and parapet roof. Architecturally, the building represents some of the other buildings of Main Street from the 1900 era in design and is common to other buildings along Main Street within the City.

According to the 2010 Citywide Historic Resources Survey prepared by Galvin Preservation Associates, the property was identified with National Register of Historic Places (NRHP)

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DEMOLITION PERMIT REQUEST FOR 4854 MAIN STREET
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code 5D3. This status code is informational and states the property itself does not carry historic significance but could be considered for inclusion on a local register as an eligible contributor to a potentially historic district. The 2010 survey was based on a windshield study of city properties and did not involve permit record analysis. As a result, staff reviewed historical building permit records to determine if there was evidence of historic features at this property.

Staff identified building permit records from 1974 that indicate the building façade was significantly altered when the façade was changed from brick to wood siding. This information was confirmed by discussions between the current and previous owner who provided plans that showed the city requested the brick be removed due to safety concerns about seismic damage. Furthermore, a new recessed entry and new fixed wood windows and doors were added in 1980. Generally, buildings and features that are less than 50 years old are not considered historic.

Due to the significant alterations to the building, the level of historic integrity of the building, either individually or as part of the district, has been lost. As a result, the building only contributes to the character of the district in an altered and informal manner. Moreover, the building is not known to be associated with any events or persons significant to Yorba Linda’s past that might render it eligible for historic designation at the local and national levels.

A permit was issued for a rehabilitation and remodel of the existing building, however, during the construction and minor demolition stage, the building was determined by the owner, contractor and the engineer of record, to be beyond repair due to the deteriorated foundation and termites and dry rotted framing. Thus, an onsite decision was made by the owner and contractor to demolish the building without city knowledge or permits.

The approved building plans have the same footprint as the existing building and the same square footage. The new buildings exterior well be stucco, with aluminum clad windows, a gable roof with a parapet on all four sides and composite roofing material.

The owner will still be required to provide an asbestos survey prior to the “Hold” being removed from the permit. If the findings are positive, appropriate abatement measures will be required, and approval from the South Coast Air Quality Management District shall be required prior to construction activities being resumed.

Finally, the applicant shall be advised to employ Best Management Practices (BMP’s) to control fugitive dust and ensure water quality during the demolition and construction activities in accordance with the State of California requirements.

CEQA
The demolition is categorically exempt from CEQA pursuant to Section 15301 of Title 14, Chapter 3 of the California Code of Regulations in that this consists of the demolition and removal of one individual small commercial structure of less than 4,000 square feet.

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FISCAL IMPACT
No impact

ALTERNATIVES
The demolition has already occurred; therefore, there are really not any other viable alternatives at this time.

ATTACHMENTS

1. Applicant’s Demolition Request Letter

2. Front Elevation Photograph and Site Aerial Photograph

3. 1974 Façade Remodel Building Permit

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FINANCE DEPARTMENT
DATE: NOVEMBER 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: SUNNY HAN, FINANCE DIRECTOR / CITY TREASURER
SUBJECT: FISCAL YEAR 2023-24 MEASURE M2 EXPENDITURE REPORT

RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 2024-5921 approving the Measure M2 Expenditure Report for FY 2023-24 and authorizing it for submission to the Orange County Transportation Authority.

BACKGROUND
The Orange County Transportation Authority’s Measure M2 Ordinances require local agencies to meet certain eligibility requirements to receive corresponding revenues. The eligibility requirements included in the Measure M2 Ordinance require the submission of an annual expenditure report to be completed within six months of the end of the fiscal year.

This expenditure report is also required to be adopted by the City Council via resolution.

DISCUSSION
The City of Yorba Linda received Measure M2 funds during FY 2023-24 and those funds were expended in accordance with the City’s approved Capital Improvement Program. The attached expenditure report meets the Orange County Transportation Authority’s reporting requirements.

FISCAL IMPACT
None.

ATTACHMENTS

1. Resolution No. 2024-5921

2. Measure M2 Expenditure Report

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RESOLUTION NO. 2024-5921

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, CALIFORNIA CONCERNING THE MEASURE
M2 (M2) EXPENDITURE REPORT FOR THE CITY OF YORBA
LINDA.

WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and
WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and
WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the Expenditure Report that satisfy the Maintenance of Effort requirements; and
WHEREAS, the M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and WHEREAS, the M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yorba Linda does hereby inform OCTA that:
a) The M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year. b) The M2 Expenditure Report is hereby adopted by the City of Yorba Linda. c) The City of Yorba Linda Finance Director is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2024.

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

TARA CAMPBELL, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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RESOLUTION NO. 2024-5921
PAGE 2
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 November 2024 and was carried by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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ADMINISTRATION DEPARTMENT
DATE: NOVEMBER 19, 2024
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARK A. PULONE, CITY MANAGER
PREPARED BY: ARLENE QUINTERO, PRINCIPAL RISK AND SAFETY

ANALYST
SUBJECT: DENIAL OF CLAIM FOR DAMAGES – THERESIA GER, SETTLEMENT REQUEST FOR DAMAGES – SAM STULL

RECOMMENDATION
It is recommended that the City Council of the City of Yorba Linda deny the claim for damages filed by Theresia Ger and settle the claim for damages filed by Sam Stull.

BACKGROUND
Claims for damages filed against the City are reviewed and investigated by City staff and a third-party claims administrator with George Hills Company, Inc. George Hills Company specializes in claims management and risk management services. These services are provided through the City’s contract membership in the California Insurance Pool Authority.

City staff make recommendations to the Council for settlement or denial based on the investigatory findings. A claimant’s failure to provide evidence of and/or supporting documents to substantiate the claim for damages will also result in a recommendation for denial of the claim.

DISCUSSION
The following claim for damages has been recommended for denial based on the investigations by City staff and the third-party claims administrator. Further details for each claim are available upon request.

Theresia Ger
The claimant alleges that the absence of reflectors on the back side of a stop sign caused her to collide with it, resulting in estimated damage to her vehicle totaling $3,767, plus a $500 deductible. The incident occurred at the intersection of Lakeview and Buena Vista.

Evidence, including dash camera video and photographs, reveals that the claimant made an unsafe turn, crossed the double yellow line, and struck the stop sign. No visibility obstructions, sun glare, or other environmental factors impaired the claimant's view of the stop sign.

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DENIAL OF CLAIM FOR DAMAGES – THERESIA GER, SETTLEMENT REQUEST FOR DAMAGES – SAM STULL
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Under California Government Code Section 830(a), a public entity is liable for damages only if a condition qualifies as "dangerous" to the public. Our investigation concludes that this intersection does not meet the legal standard for a dangerous condition. Therefore, it is recommended that the City Council deny this claim, as the City is not liable for damages resulting from this incident.

Sam Stull
The following claim for damages has been recommended for settlement based on investigations by City staff and the third-party claims administrator.

The claimant alleges that a City employee performing weed suppression along the public sidewalk and inadvertently sprayed and killed shrubs in his adjacent garden. According to the claimant, the City crew sprayed weeds encroaching on the sidewalk, resulting in damage to his landscaping. An internal review by the department responsible confirmed that the crew conducted weed abatement along the sidewalk, which inadvertently impacted the resident's shrubs. The estimated replacement cost for the damaged shrubs is $650.81.

The third-party claims administrator and City staff recommend that the City Council approve settlement authority to compensate the resident for the replacement cost of his plants.

FISCAL IMPACT
Acceptance of the Sam Stull claim will result in a fiscal impact of $650.81.

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

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

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

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PLANNING COMMISSION | AGENDA ITEM SUMMARY
MEETING DATE | NOVEMBER 13, 2024
Community Development Department
Planning Division
Director
Nate Farnsworth, AICP

7.1 TIME EXTENSION FOR CONDITIONAL USE PERMIT 2023-28 REECE Commissioner Behura arrived at 6:33pm.

A motion by Commissioner Masterson, second by Commissioner Behura to adopt Resolution No. 5615 Time Extension for Conditional Use Permit 2023-28 Reece, subject to attached conditions of approval. The motion carried (4-0-1-0) with the following roll call vote: