Yorba Linda City Council
October 17, 2023

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

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

P R O P O S E D N E W O R I N C R E A S E D A S S E S S M E N T W I T H I N L O C A L L A N D S C A P I N G Z O N E L - 1 B O F T H E Y O R B A L I N D A L M A D C O M M E N C I N G F I S C A L Y E A R 2 0 2 4 / 2 0 2 5 P a g e | 3

ANALYSIS
As required by the regulations governing Assessment Districts, the attached Engineer’s Report (Attachment E) for proposed new or increased assessments identifies the Special Benefits received by parcels within Local Landscaping Zone L-1B. The Report contains an estimated budget for future expenditures commencing in Fiscal Year 2024/2025. The budget section of the Report is based upon previous year-end expenditure data for the Zone. The estimated budget also accounts for, amongst other items, increased cost of utilities, and the future bid of contracts scheduled for this year for tree trimming and landscape maintenance.

The below table summarizes the existing maximum assessment amounts and the calculated proposed maximum assessment rate for Local Landscaping Zone L-1B. The current and proposed maximum assessment will be the amounts shown on the upcoming Proposition 218 Ballot for Zone L-1B. It should be noted that the proposed maximum assessment amounts shown on the Proposition 218 ballots may only be implemented if a majority protest of the affected property owners does not exist.

Zone Current Annual Assessment Proposed Annual Assessment L-1B $870.32 $1,996.00*
*Includes the Consumer Price Index (CPI) based annual inflationary adjustment plus a permanent additional 3% per year.

The proposed items for Council are to adopt the attached three resolutions. Resolution No. 2023-5863 (Attachment A) is to initiate proceedings to increase assessments for Local Landscaping Zone L-1B. Resolution No. 2023-5864 (Attachment B) is to approve the Engineer’s Report for proposed new or increased assessments for Local Landscaping Zone L-1B for Fiscal Year 2024/2025. Resolution No. 2023-5865 (Attachment C) declares the City’s intention to ballot property owners within Local Landscaping Zone L-1B for proposed new or increased assessments, sets a Public Hearing date to December 5, 2023, and authorizes staff to proceed with balloting procedures. It is anticipated that the Notices and ballots will be sent out on or before October 20th, 2023. Unlike the annual process (as specified in the 1972 Act in order to approve the assessment levy), this proposed Public Hearing will include the tabulation of the Proposition 218 ballots that will be mailed out to each property owner in Local Landscaping Zone L-1B. Pursuant to Proposition 218, the Notice of Public Hearing and assessment ballots will be post marked at least 45 days in advance of the Public Hearing.

After the Notice and assessment ballots are mailed, property owners are given until the close of the Public Hearing during the December 5, 2023, City Council meeting to return their signed and marked assessment ballots. At the Public Hearing, the returned assessment ballots received prior to the close of the Public Hearing are tabulated, weighted by the proposed assessment amount on each property, and the results are announced. If the time to tabulate the ballots exceeds the time for the City Council meeting, results may be announced at a subsequent meeting.

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

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

P R O P O S E D N E W O R I N C R E A S E D A S S E S S M E N T W I T H I N L O C A L L A N D S C A P I N G Z O N E L - 1 B O F T H E Y O R B A L I N D A L M A D C O M M E N C I N G F I S C A L Y E A R 2 0 2 4 / 2 0 2 5 P a g e | 4
Article XIIID of the California Constitution provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to increase the assessments as proposed. A majority protest exists if the assessments (in dollars) represented by ballots submitted in opposition exceed those submitted in favor of the assessment. All returned ballots are tabulated and weighted according to their financial obligation of each parcel.

If there is no majority protest as described above, the City Council may approve the proposed increase. Any voter approved increase assessment will be submitted to the Orange County Auditor/Controller to be included on the property tax roll for each parcel for Fiscal Year 2024/2025. If a majority protest does exist, the assessment will remain at their current maximum amount, plus the allowable Consumer Price Index (CPI) for Fiscal Year 2024/2025. Also, if a majority protest does exist, staff will bring back a plan for eliminating subsidies to the Zone, pursuant to the Guidelines, at a subsequent meeting for the Council to consider. A copy of the Guidelines is attached for reference (Attachment D).

To account for annual increases in major components of the expenditures for a Local Landscaping Zone, the proposed annual assessment in the balloting information will include the original CPI based annual inflationary adjustment plus a permanent additional 3% per year to ensure that the new increased assessments cover rising costs that historically have not been covered by CPI alone.

FISCAL IMPACT
If the City Council moves forward with the assessment increase balloting, the cost to generate a supplemental Engineer’s Report and associated balloting documents for Local Landscaping Zone L-1B is already included in a previously approved agreement with Willdan Financial Services. If the vote results in the approval of the increased assessment, the costs associated with the ballot proceeding can be recovered from subsequent funds in the Zone. However, if the vote results in a majority protest and no increase to the assessments, the costs may be paid by General Reserve Funds.

ALTERNATIVES
Do not proceed with the balloting and further apply the LMAD Maintenance Locations Guidelines for Deficit Zones.

ATTACHMENTS
Attachment A - Resolution No. 2023-5863 - Initiating Proceedings Attachment B - Resolution No. 2023-5864 - Approval of the Engineer’s Report Attachment C - Resolution No. 2023-5865 - Resolution of Intent, setting the Time and Place

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

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

P R O P O S E D N E W O R I N C R E A S E D A S S E S S M E N T W I T H I N L O C A L L A N D S C A P I N G Z O N E L - 1 B O F T H E Y O R B A L I N D A L M A D C O M M E N C I N G F I S C A L Y E A R 2 0 2 4 / 2 0 2 5 P a g e | 5
for a Public Hearing, and Authorizing Staff to proceed with balloting procedures.

Attachment D - LMAD Location Guidelines for Deficit Zones Attachment E - Engineer’s Report for L-1B

ATTACHMENT A

RESOLUTION NO. 2023-5863

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, PURSUANT TO THE PROVISIONS OF THE
LANDSCAPING AND LIGHTING ACT OF 1972 (SECTIONS
22500 ET. SEQ. OF THE CALIFORNIA STREETS AND

HIGHWAYS CODE) INTIATING PROCEEDINGS TO LEVY

A PROPOSED NEW OR INCREASED ASSESSMENTS
COMMENCING FISCAL YEAR 2024/2025 FOR LOCAL
LANDSCAPING ZONE L-1B WITHIN THE CITY OF YORBA

LINDA STREET LIGHTING AND LANDSCAPING

MAINTENANCE ASSESSMENT DISTRICT AND

ORDERING THE ENGINEER TO PREPARE AND FILE A
REPORT IN ACCORDANCE WITH ARTICLE 4 OF
CHAPTER 1 OF SAID ACT
WHEREAS, the City Council of the City of Yorba Linda (“City”) did form the City of Yorba Linda Street Lighting and Landscaping Maintenance District (“District”) which includes Local Landscaping Zone L-1B, pursuant to the provisions of the Landscaping and Lighting Act of 1972 (“Act”), in which assessments have been previously levied and collected; and
WHEREAS, said Act requires that proceedings for the levy of assessments shall be initiated by resolution describing any proposed new improvements or any substantial changes in existing improvements or assessments in accordance with Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highways Code of the State of California, and ordering the Engineer to prepare and file a report in accordance with Article 4 of Chapter 1 of Said Act.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:

Section 1 The City Council of the City of Yorba Linda proposes the levy of proposed new or increased assessments for Local Landscaping Zone L-1B within the City of Yorba Linda Street Lighting and Landscaping Maintenance District commencing in Fiscal Year 2024/2025 pursuant to the Act.

Section 2 The proposed improvements within Local Landscaping Zone L-1B are generally described as the servicing, maintaining, and operating of landscaping improvements and facilities. The work to be performed may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services within the Zone.

Section 3 The City Council hereby orders the Assessment Engineer to prepare and file with the City Clerk a written report for Local Landscaping Zone L-1B in accordance with Section 22565 et. seq. of the California Streets and Highways Code.

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

GENE HERNANDEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:
____________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
____________________________

CITY ATTORNEY
STATE OF CALIFORNIA) ss.

COUNTY OF ORANGE)
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 17th day of October, 2023, and was carried by the following roll call vote:

AYES:COUNCILMEMBERS:

NOES:COUNCILMEMBERS:

ABSENT:COUNCILMEMBERS:
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

ATTACHMENT B

RESOLUTION NO. 2023-5864

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, APPROVING THE ENGINEER'S REPORT

REGARDING A PROPOSED NEW OR INCREASED
ASSESSMENT FOR LOCAL LANDSCAPING ZONE L-1B

WITHIN THE YORBA LINDA STREET LIGHTING AND

LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT
FOR FISCAL YEAR 2024/2025
WHEREAS, the City Council of the City of Yorba Linda, California has adopted Resolution No. 2023-5863 Initiating Proceedings for the proposed new or increased assessments for Local Landscaping Zone L-1B within the City of Yorba Linda Street Lighting and Landscaping Maintenance District commencing in Fiscal Year 2024/2025, ordering the City’s Assessment Engineer to prepare and file a report regarding such matters pursuant to Chapter 3 of Part 2 of Division 15 of the Streets and Highway Code of the State of California; and
WHEREAS, the City’s Assessment Engineer has prepared and filed with the City Clerk a report, and the City Clerk has presented such report for the City of Yorba Linda Street Lighting and Landscaping Maintenance District for Local Landscaping Zone L-1B for Fiscal Year 2024/2025 (“Report”); and
WHEREAS, City Council has examined and reviewed said Report.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:

Section 1. Incorporation of Recitals. The foregoing recitals are incorporated herein by this reference.

Section 2. Approval of Report. The Report, including plans and specifications for the improvements and the estimate of the costs of the improvements, diagrams for Local Landscaping Zone L-1B and the proposed new or increased assessments for the costs of the improvements, is hereby approved as filed.

Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional. Additionally, if any section, subsection, sentence, clause, phrase, portion, zone, or subzone of the Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such

decision shall not affect the validity of the remaining provisions of the Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone, or subzone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, zones, or subzones might subsequently be declared invalid or unconstitutional.

Section 4. EFFECTIVE DATE. This Resolution shall become effective upon its adoption.

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

GENE HERNANDEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:
___________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
____________________________

CITY ATTORNEY

STATE OF CALIFORNIA) ss.

COUNTY OF ORANGE)
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 17th day of October, 2023, and was carried by the following roll call vote:

AYES:COUNCILMEMBERS:

NOES:COUNCILMEMBERS:

ABSENT:COUNCILMEMBERS:
________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

ATTACHMENT C

RESOLUTION NO. 2023-5865

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, PURSUANT TO THE PROVISIONS OF THE
LANDSCAPING AND LIGHTING ACT OF 1972,

DECLARING ITS INTENTION TO BALLOT PROPERTY

OWNERS FOR PROPOSED NEW OR INCREASED
ASSESSMENTS FOR LOCAL LANDSCAPING ZONE L-1B

WITHIN THE YORBA LINDA STREET LIGHTING AND

LANDSCAPING MAINTENANCE ASSESSMENT DISTRICT
COMMENCING FISCAL YEAR 2024/2025, SETTING A

TIME AND PLACE FOR A PUBLIC HEARING, AND

AUTHORIZING STAFF TO PROCEED WITH THE

BALLOTING PROCEDURES
WHEREAS, there currently exists in the City of Yorba Linda an assessment district known as the Yorba Linda Lighting and Landscaping Maintenance District (“District”); and WHEREAS, by Resolution No. 2023-5863, the City Council of the City of Yorba Linda initiated proceedings to levy and collect proposed new or increased assessments for Local Landscaping Zone L-1B within the District commencing in Fiscal Year 2024/2025 and ordered the City Engineer to prepare the report regarding such assessments, pursuant to the provisions of the Landscaping and Lighting Act of 1972 of the California Streets and Highways Code (hereafter the “Act,” starting at Streets and Highways Code Section 22500); and
WHEREAS, by Resolution No. 2023-5864, the City Engineer’s report for the proposed new or increased assessments for Local Landscaping Zone L-1B, commencing in Fiscal Year 2024/2025 has been approved by the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:

Section 1. The foregoing recitals are incorporated herein by this reference.

Section 2. Pursuant to the Act, the City Council hereby finds and declares that the public interest and necessity require the maintenance and servicing of landscaping and public lighting facilities within the City, and contingent upon compliance with, as applicable, the requirements of the Act, Article XIIID of the California Constitution (commonly known as “Proposition 218”) and the Proposition 218 Omnibus Implementation Act (set forth at Government Code Sections 53750-53758), the City Council hereby declares its intention to levy and collect proposed new or increased assessments for Fiscal Year 2024/2025 within Local Landscaping Zone L-1B of the Yorba Linda Lighting and Landscaping Maintenance District.

Under the Act, before levying and collecting proposed new or increased assessments in the assessment district, the City Council is required to adopt a resolution declaring its intention to do so.

Section 3. The existing and proposed improvements in the District within Local Landscaping Zone L-1B are generally described as the construction, installation, operation, servicing, and maintenance of the landscaping of green belts, multi-purpose trails, median islands and slopes adjacent to public rights-of-way. The location and boundaries of Local Landscaping Zone L-1B are shown on a map in the Engineer’s Report referenced in Section 4 (below). In addition, a list of the parcel numbers for each of the properties in the above-listed Zone is on file with the City Clerk.

Section 4. Reference is hereby made to the Engineer’s Report for Local Landscaping Zone L-1B for the proposed new or increased assessments commencing in Fiscal Year 2024/2025, approved by a resolution the City Council and on file with the City Clerk, which contains a full description of the improvements, the boundaries of the Zone within the District, and the proposed new or increased assessments upon assessable lots and parcels of land within the Zone within the District.

Section 5. Contingent on compliance with the Act’s, Proposition 218’s and the Proposition 218 Omnibus Implementation Act’s balloting procedure(s), the City Council proposes to levy and collect a new or increased assessment upon properties in Local Landscaping Zone L-1B of the City of Yorba Linda Street Lighting and Landscaping Maintenance District for Fiscal Year 2024/2025, as described in the Engineer’s Report. The existing assessment in the Zone is proposed to increase from the previous year. Parcels within Zone L-1B that are owned or used by any county, city, special district or other agency shall be assessed unless the City demonstrates by clear and convincing evidence that such lots or parcels receive no special benefit from proposed improvements.

Section 6. Notice is hereby given that on Tuesday, December 05, 2023, at 7:00 p.m., in the City Council Chambers at 4845 Casa Loma Avenue, Yorba Linda, at a Regular Meeting of the City Council, the City Council will hold a Public Hearing to tabulate Proposition 218 ballots, consider all oral statements, and communication made or filed by any interested person concerning the proposed new or increased assessments for Local Landscaping Zone L-1B for Fiscal Year 2024/2025 for the Yorba Linda Lighting and Landscaping Maintenance District.

Section 7. Pursuant to the Act, the California Constitution, and the Proposition 218 Omnibus Implementation Act, an assessment ballot proceeding is hereby called on the matter of confirming the proposed new or increased assessment for Local Landscaping Zone L-1B as outlined in the Engineer’s Report. Under the supervision of the City Clerk’s Office, City staff is authorized and directed to proceed with the balloting procedure for all property in Local Landscaping Zone L-1B of the City of Yorba Linda Street Lighting and Landscaping Maintenance District. The ballots and notices for the Public Hearing shall be distributed to the property owner(s) of record as of the last County equalized roll. Property

owner or owners of each affected parcel may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing noted above.

Section 8. The City Clerk or their designee is hereby authorized and directed to give Notice of the Public Hearing referred to in Section 6 of this Resolution and distribute property owner protest ballots referred to in Section 7 of this Resolution in accordance with applicable law. The Notice and ballots shall be distributed by first class mail to the property owner(s) of records, as provided by the County of Orange, for each parcel within Local Landscaping Zone L-1B not less than 45 days before the date of the Public Hearing pursuant to the California Constitution.

Section 9. The property owner protest ballot proceeding conducted for Local Landscaping Zone L-1B will constitute the property owners’ approval of rejection of the proposed new or increased assessments and assessment range formula described in the Engineer’s Report.

Section 10. In accordance with Streets and Highways Code Section 22660(a), the City Council has determined that the estimated cost of certain proposed improvements, described in Section 22525, subdivisions (a) through (d) of the Act, are greater than can conveniently be raised from a single assessment and, as a result, shall be collected in installments over a period not to exceed five fiscal years and held in a reserve account, as noted in the Engineer’s Report.

Section 11. General descriptions of the above-referenced proposed improvements for all Zone and Sub-Zone in the District, as well as the estimated costs thereof, the number of annual installments and years during which they are to be collected, and the maximum amount of each annual installment, are described in the Capital Improvement Renovation Budget on file with the City Clerk.

Section 12. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional. Additionally, if any section, subsection, sentence, clause, phrase, portion, zone, or subzone of the Engineer’s Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Engineer’s Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone, or subzone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, zones, or subzones might subsequently be declared invalid or unconstitutional.

Section 11. This Resolution shall become effective upon its adoption.

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

GENE HERNADEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:
____________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
____________________________

CITY ATTORNEY
STATE OF CALIFORNIA) ss.

COUNTY OF ORANGE)
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 17th day of October 2023, and was carried by the following roll call vote:

AYES:COUNCILMEMBERS:

NOES:COUNCILMEMBERS:

ABSENT:COUNCILMEMBERS:
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Landscape Maintenance Assessment District (LMAD)
Maintenance Location Guidelines for Deficit Zones
The guidelines are intended to be general in nature. This is to account for numerous variables for each individual area, easement, parcel, and lot maintained by the LMAD.

With these guidelines, LMAD areas can be reviewed and identified to be removed from or remain in the LMAD. Subsequent to applying these general guidelines, locations that remain in the LMAD can be reviewed further to indentify the appropriate maintenance level of service.

In general, areas that meet one of the following guidelines may remain in the LMAD.

Please note that the maintenance level of service is not part of these guidelines. • Areas within the public street rights-of-way
• City owned property
• Areas immediately adjacent to public street rights-of-way o The distance away from the street to be maintained shall be determined by relevant attributes of the topography and surrounding conditions (e.g. upslopes, down-slopes, trails, sidewalks, blocks walls/fences, etc.). • Areas that may become bisected by City trails (city-wide system) • Areas that serve other Public Works functions
In general, areas that meet one of the following guidelines may be removed from the LMAD.
• Areas that are encompassed by private property
• Areas that are immediately adjacent to existing natural areas • Areas not immediately adjacent to public street rights-of-way • Areas along public streets with no outlets (non-through streets)

City of Yorba Linda
Street Lighting and Landscaping
Maintenance District

Engineer’s Report
Establishment of
New/Increased Assessments
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Intent Meeting: October 17, 2023
Public Hearing: December 05, 2023
OCTOBER 2023

PREPARED BY

WILLDAN FINANCIAL SERVICES
27368 Via Industria
Suite 110
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com/financial

ENGINEER'S REPORT AFFIDAVIT
City of Yorba Linda
Street Lighting and Landscaping Maintenance District
Establishment of New/Increased Assessments
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
City of Yorba Linda,
County of Orange, State of California
This Report and the enclosed budget, diagrams and descriptions outline the new or increased (“new/increased”) assessments proposed to be levied for Local Landscaping Zone L-1B within the Street Lighting and Landscaping Maintenance District in the City of Yorba Linda commencing in fiscal year 2024/2025. The new/increased assessments are deemed necessary to adequately maintain the improvements in the Zone. The boundaries of Local Landscaping Zone L-1B include each lot, parcel, and subdivision of land that will receive a special benefit from the proposed improvements to be provided, as the same existed at the time of the passage of the Resolution of Intention and described herein. Reference is hereby made to the Orange County Assessor’s maps for a detailed description of the lines and dimensions of parcels within Local Landscaping Zone L-1B. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2023.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Yorba Linda
By: ________________________________
Jim McGuire
Principal Consultant, Project Manager
By: ________________________________
Tyrone Peter
PE # C 81888

Table of Contents
Introduction...............................................................................................1 Ballot Proceedings .................................................................................................... 2 Report Content .......................................................................................................... 3 Part I — Plans and Specifications ...........................................................5 District Overview ....................................................................................................... 5 Zones of Benefit ................................................................................................................. 5 Description of Improvements .............................................................................................. 6 Local Landscaping Zone L-1B.................................................................................. 6 Part II — Method of Apportionment.........................................................8 Legislative Authority and Provisions....................................................................... 8 1972 Act............................................................................................................................. 8 California Constitution ........................................................................................................ 8 Benefit Analysis......................................................................................................... 9 Special Benefits.................................................................................................................. 9 General Benefit .................................................................................................................. 9 Assessment Methodology ...................................................................................... 11 Land Use Classifications ...................................................................................................12 Zone L-1B Equivalent Benefit Unit Summary.....................................................................15 Calculation of Assessments...............................................................................................16 Annual Inflationary Adjustment (Assessment Range Formula) ..........................................17 Part III —Proposed Zone Budgets .........................................................19 Part IV — Assessment Roll ....................................................................21 Part V — Zone Diagram..........................................................................22 Appendix A — Improvement Summary Description.............................24

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

Introduction
The City of Yorba Linda (the “City”), under the provisions of the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and the provisions of the California Constitution Article XIII D (the “California Constitution”), annually levies and collects special assessments for the City’s maintenance assessment district designated as:

Street Lighting and Landscaping Maintenance District
(the “District”) in order to provide and maintain various landscaping and lighting improvements throughout the City that provide special benefits to properties within the City.

This Engineer’s Report (the “Report”) has been prepared pursuant to Chapter 1, Article 4 and Chapter 3 of the 1972 Act, and presented to the City Council for their consideration and approval of the improvements and services to be provided within the local landscaping zone of benefit (“Zone) identified as Zone L-1B; and the levy and collection of the proposed new/increased annual assessments related thereto to fund the costs and expenses required to service and maintain the improvements that provide special benefits to those parcels commencing in fiscal year 2024/2025.

Annually, the City establishes the District’s assessments for each Zone based on an estimate of the costs to maintain, operate and service the improvements in those Zones in conjunction with available revenues including fund balances, general benefit contributions, additional City contributions, and current assessment limits. In recent fiscal years, the net Total Eligible Special Benefit Expenses budgeted for Local Landscaping Zone L-1B, (Total Annual Expenses minus General Benefit Expenses), has exceeded the amount that can be collected from annual assessments at the currently authorized special benefit assessment rates. As a result, budget adjustments have been made including eliminating or reducing the amount being collected for operational reserves and capital improvement projects and at the discretion of the City Council, the City may have temporarily provided additional funding to support the improvements and/or implemented service reductions.

To fully fund the improvements that are considered special benefits to properties in Local Landscaping Zone L-1B, the City Council has determined that it is appropriate and in the public’s best interest to propose new/increased assessments that address the estimated special benefit improvement costs within the Zone including, but not limited to the estimated expenditures for regular annual maintenance and repairs; incidental expenditures related to the proportional operation and administration of the District and Zone; and the collection of funds for operational reserves as well as periodic maintenance and improvement rehabilitation projects as authorized by the 1972 Act.

This Report outlines the improvements, and the proposed assessments to be levied in connection with the benefits the properties will receive from the maintenance and servicing of the landscaping improvements within Zone L-1B commencing in fiscal year 2024/2025. The annual assessments (new/increased maximum assessment) proposed to be levied on properties as described herein will provide a reasonable funding source for the continued operation and maintenance of designated L-1B landscaping improvements that provide special benefits to the properties to be assessed.

The net annual special benefit cost to provide the improvements in Zone L-1B is based on the various improvements and the types of improvements and services to be provided by the District for the properties that are directly associated with and benefit from those improvements. This net

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

special benefit cost of providing these improvements and services (total annual expenses minus general benefit expenses) is proportionally allocated to the benefiting properties within the Zone using a weighted method of apportionment (refer to Assessment Methodology in Part II, Method of Apportionment) that calculates the proportional special benefit and assessment for each parcel as compared to other properties that benefit from those District/Zone improvements and services.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor’s Parcel Number (“APN”) by the Orange County Assessor’s Office. The Orange County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the District assessments.

If any section, subsection, sentence, clause, phrase, portion, zone, or subzone of this Engineer’s Report is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of the Engineer’s Report and each section, subsection, subdivision, sentence, clause, phrase, portion, zone, or subzone thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, zones, or subzones might subsequently be declared invalid or unconstitutional.

Ballot Proceedings
Pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, the City shall conduct a property owner protest ballot proceeding (referred to as “Ballot Proceeding”) for the proposed levy of new or increased assessments as described in this Report. In conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing to consider public testimonies, comments, and written protests regarding the levy of the proposed new/increased assessments. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists:
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.”
After completion of the ballot tabulation, the City Council will confirm the results of the balloting.

If majority protest exists for the proposed new/increased Zone assessment, further proceedings to implement the proposed new/increased assessment for Zone L-1B shall be abandoned at that time. However, the City Council may continue to levy and collect annual assessments for the improvements provided in the Zone at an assessment rate which is less than or equal to the previously approved and adopted maximum assessment rate (including the inflationary adjustment). If tabulation of the ballots indicate that majority protest does not exist for the proposed new/increased assessments and the assessment range formula presented and described herein, the City Council may adopt this Report (as submitted or amended), approve the assessment diagram, and confirm the new/increased assessment rate and assessments as presented herein. In such case, the assessments as approved shall by reference be made part of and incorporated into the District’s “Engineer’s Annual Report Fiscal Year 2024/2025” and together with other District Zones, the annual assessments for these properties and the other properties within the District, shall be submitted to the Orange County Auditor/Controller for inclusion on the property tax roll for each affected parcel.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

Report Content
This Report consists of five (5) parts:

Part I
Plans and Specifications: This section provides an overall description of Local Landscaping Zone L-1B and the improvements for which parcels are assessed. The proposed new/increased assessments as outlined in this Report are based on these local landscaping improvements and appurtenant facilities that provide a special benefit to the properties within the Zone including operational expenses authorized pursuant to the 1972 Act. The plans and specifications contained in this section of the Report describe the overall nature and extent of the improvements.

In conjunction with these descriptions of the improvements a visual depiction of the landscape improvement areas is provided on the Zone boundary diagram (refer to Part V, Zone Diagram).

Along with the Zone Diagram, Appendix A provides a more detailed description of the improvement areas. More detailed information regarding the specific plans and specifications are on file in the Engineering Department and by reference are made part of this Report.

Part II
Method of Apportionment: This section includes a discussion of the general and special benefits associated with the improvements to be provided within Local Landscaping Zone L-1B (Benefit Analysis), which includes a discussion of the proportional costs of the special benefits and a separation of costs considered to be of general benefit (and therefore not assessed). This section of the Report also outlines the method of calculating each property’s proportional special benefit necessary to calculate the property’s annual assessment. This method of apportionment is consistent with the previously adopted method of apportionment for the District that was approved by the property owners in a ballot proceeding conducted in 1997.

Part III
Proposed Zone Budget: An estimate of the annual costs to operate, maintain, and service the local landscaping improvements and appurtenant facilities within Zone L-1B. The budget for Zone L-1B includes an estimate of the maintenance costs and incidental expenses including, but not limited to labor, materials, utilities, equipment, and administration expenses as well as the collection of other appropriate funding authorized by the 1972 Act and deemed necessary to fully support the improvements. Those improvements and/or costs determined to be of general benefit shall be funded by a City contribution. While not shown as a budgeted expenditure at this time, if the proposed assessments are approved, the City Council may at their discretion, provide a temporary advanced (loan) to fund and expedite capital improvement projects (repair and rehabilitation of the improvements) within the Zone as deemed necessary and/or convenient for the ongoing maintenance and servicing of the Zone improvements. Such loans will be paid back over time by the assessments utilizing the funds being collected for CIP and Rehabilitation Funding, and/or Operational Reserves. Ultimately, City staff shall make the determination of which improvements, and the extent of the services and activities that shall be provided based on available revenues.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

Part IV
Assessment Roll: The Assessment Roll contains a listing of all Assessor Parcel Numbers of the properties within Local Landscaping Zone L-1B and each parcel’s corresponding “Balloted Maximum Assessment” commencing in fiscal year 2024/2025. The proposed assessment amounts balloted and which may be levied and collected commencing in fiscal year 2024/2025 for each parcel is based on the parcel’s calculated proportional special benefit as outlined in the Method of Apportionment (Part II of this Report) and the maximum assessment rate established by the estimated Zone Budgets (Part III of this Report). Due to the number of parcels within Local Landscaping Zone L-1B, the Balloted Maximum Assessments (Assessment Roll) shall be filed electronically with the City Clerk rather than displayed in this Report and by reference the listing of the Assessor’s Parcel Numbers and the corresponding assessment amounts contained in that electronic file are made part of this Report.

Part V
Zone Diagram: This section of the Report contains a diagram showing the boundaries of Local Landscaping Zone L-1B proposed for fiscal year 2024/2025 which incorporates the parcels determined to receive special benefits from the District improvements proposed to be provided in Zone L-1B for the assessments being proposed. This diagram also provides a visual depiction of the location of the landscape improvement areas to be maintained as part of this ballot proceeding. Parcel identification, the lines and dimensions of each lot, parcel, and subdivision of land within Local Landscaping Zone L-1B as shown on this diagram and listed on the Assessment Roll are inclusive of such parcels shown on the Orange County Assessor's Parcel Maps and shall include any subsequent lot line adjustments or parcel changes therein. Reference is hereby made to the Orange County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel of land within Local Landscaping Zone L-1B.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

Part I — Plans and Specifications
District Overview
The territory within the District consists of all lots and parcels of land within the City of Yorba Linda and the boundaries of the District are coterminous with the City boundaries. The purpose of this District is to provide in part through annual assessments, funding for the ongoing operation, maintenance, and servicing of landscaping, street lighting, traffic signal improvements and related facilities and services in various areas throughout the City. Improvements currently provided within the District generally include but are not limited to:
➢ Landscape improvements within the street medians and parkway side-panels, including parkways, slopes, and entryways; and various non-street landscape areas including greenbelts, slopes, local trails, and open space areas within various landscape zones.

These landscaped improvements and areas may include but are not limited to various combinations of trees; turf; ground cover; shrubs, plantings and other amenities including retaining walls, monuments, fencing, sidewalks, stamped concrete or pavers; irrigation and drainage systems; and related appurtenances.
➢ Lighting facilities on the public streets within the City including both street lights and traffic signals. These lighting improvements may include but are not limited to street lights located on the City’s arterial streets, traffic signals located throughout the City and local street lights within or adjacent to the various developments and subdivisions.

Zones of Benefit
In accordance with the 1972 Act, the District utilizes Zones to address variations in the nature, location, and extent of the improvements that provide special benefits to parcels in the District.

Within the boundaries of the District, parcels are assigned to benefit zones, each of which is associated with a set of improvements and/or type of improvements that provide special benefit to properties within that Zone.

As of fiscal year 2023/2024, the District was comprised of the following benefit zones (Zones):
➢ Nine Arterial Landscaping Zones (A-1 through A-9);
➢ Thirty-three Local Landscaping Zones:
• L-1A, through L-1E;
• L-2A through L-2V;
• L-3;
• L-4A and L-4B;
• L-5A, L-5B and L-5C;
➢ One citywide Arterial Street Lighting Zone,
➢ A non-contiguous Local Street Lighting Zone, and
➢ Three Traffic Signal Zones (TS-1, TS-2, and TS-3),

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

Description of Improvements
As authorized by the 1972 Act, the improvements provided by the District and associated with each Zone incorporate various landscaping or lighting improvements that are maintained and serviced for the benefit of real property within those District Zones. The maintenance of the landscape improvements may also include various appurtenances that may include but is not limited to entry monuments; various types of fencing; retaining walls; ornamental lighting or other ornamental fixtures; signage; irrigation, drainage, and electrical equipment. In most cases, these improvements were either installed in direct connection with the development of properties within the Zones or were installed for the benefit of those properties as a result of property development or potential development of those properties and were considered necessary for the development of those properties to their full and best use. The work to be performed within each respective Zone may include but is not limited to (as applicable), the personnel, materials, equipment, electricity, water, contract services, repair and rehabilitation of the improvements and incidental expenses required to operate the District and provide the improvements and services for each Zone.

The boundaries of each Local Landscaping Zone is established on the basis of the location, extent and types of improvements or similarities in the types of improvements being maintained through the District assessments as well as the particular and distinct benefits the developments and properties within the Zone derive from those improvements based on the proximity of those properties to the proposed improvements and the nexus between the development of the properties that required or facilitated the installation of those improvements or were otherwise necessary for the development of those benefiting properties. While most local landscape improvements are specifically associated with specific developments or development areas, some improvements (most often greenbelts and/or trails) may be located between two or more Zones and/or extend from one Zone to the next and such those improvements may reasonably be considered shared improvements. In such cases, the special benefits and overall cost of providing such improvements are proportionately shared by parcels in each of the benefiting Zones. The improvements proposed specifically for Zone L-1B and for which parcels receive special benefits are generally described in the following.

Local Landscaping Zone L-1B
The following is a brief description and summary of the landscaped areas associated within Local Landscaping Zone L-1B which are specifically addressed in this Report. A visual depiction of the location of the proposed landscape improvement areas is provided in the Zone Diagram in Part V of this Report and a more detailed summary of the improvements is provided in Appendix A of this Report. In connection with these landscaped areas, the maintenance of the improvements may also include various appurtenances such as monuments, fencing, retaining walls, ornamental lighting, signage, and related irrigation, drainage, and electrical equipment. The appurtenances associated with this Zone are not specifically identified in this Report, but the cost of maintaining such appurtenances is incorporated in the City’s estimated landscape budget.

As part of this Ballot Proceeding, the proposed improvements that will proportionately benefit and are shared by the properties within this Local Landscaping Zone include the maintenance, servicing, and operation of approximately 1,181,360 square feet of designated full maintenance landscape improvement area that incorporates an estimated 1,310 square feet of irrigated median landscaping; 1,135,990 square feet of irrigated sloped/mostly-sloped landscaped area; and 44,070 square feet of irrigated flat/moderately-sloped landscaped area.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

In addition, this Local Landscaping Zone will proportionately share and receive special benefit from the maintenance and servicing of approximately 1,582,980 square feet of landscaped area identified as “Transitional Maintenance” areas consisting of approximately 1,582,930 square feet of sloped/mostly-sloped landscaped area and 50 square feet of flat/moderately-sloped landscaped area if the proposed new/increased Zone assessment is approved for fiscal year 2024/2025. These Transitional Maintenance areas will initially continue to be maintained at a Reduced Maintenance level. However, the proposed new/increased assessment will provide the needed funding to rehabilitate (transition) these areas to full regular maintenance levels over an estimated 30 to 35 years as available assessment revenues allow by planting of cost effective, drought resistant ground cover. Collectively, the proposed Zone improvements consist of approximately 2,764,340 square feet of landscaped area.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

Part II — Method of Apportionment
Legislative Authority and Provisions
1972 Act
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition, construction, installation and servicing of landscape improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value:

Section 22573 defines the net amount to be assessed as follows:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
Section 22574 provides for zones as follows:
“The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.”
The formulas used for calculating assessments and the designation of zones, specifically Zone L-1B as discussed herein, reflects the composition of parcels within the District and the improvements and activities to be provided, and is designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel, consistent with the requirements of the 1972 Act and the provisions of Proposition 218 and Article XIII D of the California Constitution.

California Constitution
The costs of the proposed improvements addressed in this Report have been identified and allocated to properties within Local Landscaping Zone L-1B based on special benefits as outlined by Article XIII D of the California Constitution. The improvements provided, maintained, and serviced in this Zone and for which properties may be assessed are considered local landscape improvements and related amenities that were installed in connection with the development of the properties and/or would otherwise be necessary or required for the development of properties within the Zone. The assessments and method of apportionment is based on the premise that the maintenance of these local improvements and/or property-related services would otherwise not have been required without the development of the parcels within the Zone and these parcels receive a particular and distinct benefit (special benefit) from the ongoing maintenance of the identified improvements as outlined by Article XIII D of the California Constitution:

Article XIII D Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”;

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

Article XIII D Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.” Article XIII D Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed.

The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” Benefit Analysis
Special Benefits
The ongoing maintenance and servicing of the landscaped areas and appurtenant facilities within Local Landscaping Zone L-1B provide aesthetic benefits to the properties within Zone L-1B and a more pleasant environment to walk, drive, live, and work. The primary function of the landscape improvements and related amenities is to serve as an aesthetically pleasing enhancement and green space for the benefit of the immediately surrounding properties and developments for which the improvements were constructed and installed and/or were facilitated by the development or potential development of properties within each respective Zone. These improvements are an integral part of the physical environment associated with the parcels in each Zone and while some of these improvements may in part be visible to the public at large or to properties outside each Zone, collectively if the improvements within each respective Zone are not properly maintained, it is the parcels within those respective Zones that would be aesthetically burdened. Additionally in many cases, the street landscaping and green space areas (slopes, greenbelts and/or trails) provide a physical buffer and open space around the developments and between properties and serve as a pleasant aesthetic amenity that enhances the approach to the parcels as well as an extension of the physical attributes of the parcels assessed, such as their front or rear yards As a result, the maintenance of these landscaped improvements provide particular and distinct benefits to the properties and developments within each Zone.

General Benefit
In reviewing the location and extent of the specific landscaped areas and improvements to be funded by District assessments and the proximity and relationship to properties to be assessed within Local Landscaping Zone L-1B, it is evident that the improvements within Zone L-1B have been installed as part of the development of properties within those Zones or are improvements that would otherwise be shared by and/or considered essential elements for development of those properties to their full and best use. Although the various Zone improvements may be located on public streets and various right of ways, easements or other identified maintenance areas that are often visible and/or accessible to the general public, it is evident that the ongoing maintenance of these improvements (particularly the level of maintenance and servicing) is only necessary for the appearance and advantage of the properties that are in proximity to the improvements and directly associated with those improvements (properties within each respective Zone) and the

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

improvements within those Zones are not directly associated with or required for the particular benefit or development of any properties outside each respective Zone. It is also evident that: (1) the maintenance of these improvements and the level of maintenance provided, has a direct and particular advantage (i.e., special benefit) only to those properties in close proximity to the improvements, including those developments and properties that are directly accessed from the streets where the improvements are located; and (2) such maintenance beyond that which is required to ensure the safety and protection of the general public and property in general, limits any indirect or incidental benefit that the public at large or properties outside the District receive from such improvements.

In the absence of a special funding district and zones, the City’s maintenance of the various landscaping improvements would, for the most part, be limited to tree management services necessary to ensure public safety and protection of property, minimal weed abatement, and as needed rodent control and erosion control services for the various landscape easement areas.

This basic or baseline level of service would typically provide for periodic servicing of the improvement areas (generally once or twice annually) or on an as-needed basis. This baseline level of service would provide for public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways and potential property damage resulting from slope failures. However, this baseline level of service results in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance that can be provided through District assessments.

Based on service provider cost estimates provided to the City, the cost to provide the baseline level of service for flat/moderately-sloped landscaped areas was estimated to be approximately $1,059 per acre ($0.024314 per square foot) including medians, parkway side panels, greenbelts, trails and/or areas identified natural vegetation or minimal/modified/fallow-landscaped areas; and approximately $1,512 per acre ($0.034704 per square foot) for slope landscaping. This baseline servicing, unlike the enhanced aesthetic services funded through the District assessments, would provide benefits to the general public and to the properties both within and outside of the specific benefit zones. The cost of providing this baseline service along with a five percent (5%) cost factor for City overhead and administration is treated as the cost of general benefits from landscape maintenance services. Therefore, for flat/moderately-sloped landscaped areas a rate of $0.025530 per square foot ($0.024314 + 5%) is applied to calculate the general benefit costs for the assessed improvements and for sloped landscaped areas a rate of $0.036439 per square foot ($0.034704 + 5%) is applied to calculate the general benefit costs for the assessed improvements.

While these baseline service rates are anticipated to increase for fiscal year 2024/2025, the amount of those rate increases is undetermined at this time and for purposes of this Report, the fiscal year 2023/2024 baseline service rates have been applied in the calculation of the related general benefit costs for Zone L-1B. However, prior to the levy of the assessments for fiscal year 2024/2025 the increased rates for general benefit will be applied which will ultimately increase the calculated general benefit contribution by the City which may directly reduce the special benefit costs to be assessed and collected on the tax rolls.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

Utilizing the per square foot costs outlined above and the square footages of the improvement areas in each Zone, the following table summarizes the estimated general benefit costs calculated for Local Landscaping Zone L-1B:

Estimated General Benefit Landscaping Costs
As with most landscape maintenance costs, these General Benefit Cost may be impacted by inflation and for the annual budget and assessments in fiscal year 2024/2025 as well as subsequent fiscal years, the General Benefit Cost contributions may be adjusted accordingly for inflation.

Other Landscaping General Benefits
In addition to the general benefits identified above, it is recognized that there are indirect or incidental general benefits to properties within the District as well as the general public that are associated with regular landscape maintenance services, including:
➢ Minimization of dust and debris; and
➢ Decreased potential water runoff from both properties and the landscaped areas.

Although these types of benefits might best be characterized as indirect consequences of the special benefit of the landscape maintenance provided to parcels served by the District, for the purposes of this Report we assume these types of benefits to be general benefits, albeit general benefits that are extremely difficult to quantify. We estimate that the costs associated with these indirect benefits do not exceed one percent of the annual maintenance expenditures for Local Landscaping Zone improvements. Therefore, the costs associated with these indirect or incidental general benefits has been calculated based on 1.0% of the estimated “Total Annual Maintenance Expenditures” budgeted for each Landscaping Zone. Together with the baseline general benefit cost previously identified, these indirect/incidental general benefit costs are excluded from the potential assessment funding and together are shown in the budget for Zone L-1B (Part III of this Report) as the “General Benefit Expenses (City Funded)”.

Assessment Methodology
To assess benefits equitably it is necessary to calculate each property’s relative share of the special benefits conferred by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized in this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of comparable property characteristics which may include but is not limited to land use and property size. The method of apportionment originally developed for the Yorba Linda Street Lighting and Landscaping Maintenance District was based on an assessment formula appropriate for the various land uses, identifiable property characteristics and improvements within the District Landscape Zone
Local Zone L-1B $ 93,750
General
Benefit Cost

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

and utilizes the number of comparative dwelling units or dwelling spaces for other residential land uses and comparative lot sizes (acreage) for non-residential and undeveloped properties.

For the purposes of this Engineer's Report, an EBU is the quantum of benefit derived from the various Zone improvements by a single family residential parcel. The single family residential parcel has been selected as the basic unit for calculation of assessments since it represents over 97% of the parcels in the District. Thus, the "benchmark" property (the single family residential parcel) derives one EBU of benefit and is assigned 1.00 Equivalent Benefit Unit.

Land Use Classifications
Every parcel within the District is assigned a land use classification based on available parcel information obtained from the County Assessor’s Office. It has been determined that a parcel use and size are the appropriate factors necessary to identify and calculate the proportional special benefits conveyed to each property within the District and respective Zones for the cost of improvements associated with that property. The following provides an overall description of the various land use classifications assigned to properties in the District and the proportional special benefit (weighted allocation) for those land uses. For reference purposes, the following addresses all land use designations currently applied in the District, however the properties within Local Landscaping Zone L-1B are comprised of properties identified as Single-Family Residential Parcels, Park Parcels, Vacant/Undeveloped Parcels, or Exempt Parcels but a couple Vacant/Undeveloped Parcels have restricted development acreage and are therefore treated as Special Case Parcels.

Residential Single-Family Parcels — This classification may include but is not limited to all subdivided residential tract lots (with or without structures); condominiums; or other single-family residential units on a single parcel. As previously noted, the single family residential parcel has been selected as the basic unit for calculation of assessments and each is assigned 1.00 Equivalent Benefit Unit.

Vacant/Undeveloped Parcels — This classification includes properties that are identified as parcels with no development but have development potential. Although it is recognized that the improvements provided within the various Zones of the District were primarily constructed and installed as the result of property development, it is also recognized that the majority of these improvements were constructed in part to support the overall development of properties within the District and/or Zone to their full and best use, including vacant undeveloped properties.

Therefore, when the District was established, it was determined that parcels identified as Vacant/Undeveloped Parcels shall be assigned a proportional EBU that is 25% of the developed non-residential property, or 0.75 EBU per acre, up to a maximum of 5 acres per parcel. (e.g., A

6.00-acre parcel identified as a vacant-rural parcel is assigned 3.75 EBU [5.0 acres’ x 0.75 EBU/acre]).

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

Special Case Parcels — In many landscaping and lighting districts (particularly districts that have a wide range of land uses and property development) there may be one or more parcels that the standard land use classifications and proportionality identified above do not accurately identify the use and special benefit received from the improvements. Properties that are typically classified as Special Case Parcels usually involve some type of development or land restrictions whether those restrictions are temporary or permanent and affect the properties proportional special benefit. Examples of such restrictions may include situations where only a small percentage of the parcel’s total acreage can actually be developed. In such a case, the net usable acreage of the parcel rather than the gross acreage of the parcel may be applied to calculate the parcel’s proportional special benefit. Each such parcel shall be addressed on a case-by-case basis by the assessment engineer and the EBU assigned to such parcels shall be based on the specific issues related to that parcel and its proportional special benefit compared to other properties that receive special benefits from the improvements.

Exempt Parcels — Exempt from District assessments are the areas of public streets, private streets, and other roadways, dedicated public easements and open spaces, rights-of-ways including public greenbelts and parkways or that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities. (These types of properties are not usually assigned an Assessor’s Parcel Number by the County). Also exempt from assessment are utility rights-of-ways, common areas (such as in condominium complexes), landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed. It has been determined that these types of properties receive no direct benefit from the improvements and receive no special benefit or general benefits from the continued operation and maintenance of those improvements. * The following Land Use Classifications are not germane to Zone L-1B but are applicable in various Zones of the District and are provided herein for reference purposes only. * Residential Multi-Family Parcels and Mobile Home Parks — This land use classification identifies properties that are used for residential purposes but contain more than a single residential unit on the parcel (parcels with more than one dwelling). Due in part to the development and population densities associated with these types of dwelling units (reduced unit size compared to the typical density and size of single-family units), Multi-Family Residential Parcels and Mobile Home Parks have been assigned a weighted proportional special benefit factor of 0.8 EBU per Unit and 0.5EBU per space, respectively. Studies have consistently shown that the average apartment unit impacts infrastructure approximately 80% as much as a single-family residence and the average mobile home unit impacts infrastructure approximately 50%. (Sources:

Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition, 1991; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition, 1991).

Therefore, it is reasonable to conclude that the proportional special benefit these properties receive from the public improvements funded by the assessments has a similar proportionality.

Therefore, the EBUs assigned to a multi-residential or a mobile home parcel are calculated based on the number of dwelling units identified for that parcel, with each multi-residential parcel being assigned an EBU equal to 0.8 EBU multiplied by the number of dwelling units on the parcel and each mobile home park parcel being assigned an EBU equal to 0.5 EBU multiplied by the number of mobile home units or available spaces on the parcel.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

* Non-Residential Parcels — This classification includes developed properties that are identified or zoned for commercial, industrial, or other non-residential use including offices, hotels, recreational facilities (excluding parks and golf courses), and institutional facilities including, hospitals, churches or facilities utilized by other non-profit organizations, whether those facilities are publicly owned (non-taxable) or privately owned. Based on an overall evaluation of development in the City when the District was established, it was determined that the average single-family residential development yielded approximately three (3) dwelling units per acre of land. Thus, it was determined that the special benefit for these non-residential properties compared to a single-family residential parcel is proportional to 3.0 EBU multiplied by the acreage of the parcel. Therefore, the EBU assigned to each non-residential property is 3.0 EBU per acre (e.g., A 2.25-acre parcel identified as non-residential is assigned 6.75 EBU). * Park Parcels — This classification includes properties that are identified as Parks which have been developed for public use and provide similar public amenities and improvements funded by the District assessments. Although it is recognized that the improvements provided within the various Zones of the District were primarily constructed and installed as the result of property development, it is also recognized that the majority of these improvements were constructed in part to support the overall development of properties within the District and/or Zone to their full and best use. Therefore, when the District was established, it was determined that parcels identified as Park Parcels shall be assigned a proportional EBU that is 25% of the developed nonresidential property, or 0.75 EBU per acre, up to a maximum of 5 acres per parcel. (e.g., A 6.00- acre parcel identified as a vacant-rural parcel is assigned 3.75 EBU [5.0 acres’ x 0.75 EBU/acre]). * Public School Parcels — This classification includes those parcels that are identified specifically as school sites that include playground or recreational areas (both public and private).

Based on an evaluation of the various school sites in the City, it is estimated that on average, 1/3rd (approximately 33.33%) of the total acreage for these parcels is actually developed with structures and parking facilities similar to non-residential developed parcels. The remaining parcel acreage (approximately 66.67%) is generally associated with playground areas and/or sports fields similar to park facilities (e.g., Vacant/Rural/Park Parcels). In recognition of the overall development and use of these properties it has been determined that parcels identified as Schools shall be assigned a proportional EBU that reflects the 1/3rd of the parcel’s acreage being developed non-residential acreage (33.33% of acreage x 3.0 EBU/acre) and 2/3rd of the parcel’s acreage being vacant/rural/park acreage (66.67% of acreage x 0.75 EBU/acre). The average of these two calculations results in an EBU of 1.50 EBU per acre. (e.g., A 12.00-acre school parcel is assigned 18.00 EBU [12.0 acres’ x 1.50 EBU/acre]).
* Golf Course Parcels — This classification includes all parcels that are identified as all or a portion of a golf course. Such properties, like schools are somewhat unique in that the property use is a combination of developed non-residential and vacant/rural/park use. However, unlike schools, a more significant portion of the acreage for such development would be considered vacant/rural/park. In order to establish a proportional calculation of the special benefits for such properties from the District improvements as compared to other property uses, parcels identified as Golf Course Parcels shall be assigned a proportional EBU of 1.50 EBU per acre (similar to School Parcels), but recognizing that much of the acreage associated with these parcels is vacant/rural/park acreage, the maximum acreage applied in the special benefit calculation shall be limited to a maximum of 5 acres per parcel (APN). (e.g., A 10.00-acre parcel identified as a golf course parcel is assigned 7.50 EBU [5.0 acres’ x 1.50 EBU/acre]).

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

A summary of the applied Equivalent Benefit Units (EBUs) for the various land use classifications within the District is shown in the following table:
(1) Land Use Classification that are or may be applicable to properties in Local Landscaping Zone L-1B Zone L-1B Equivalent Benefit Unit Summary
The following is a summary of the Equivalent Benefit Units applicable to the various land use classifications identified in Local Landscaping Zone L-1B:

Land Use Equivalent Benefit Unit Formula
(1) Residential Single-Family 1.000 EBU per Unit/Lot
Residential Multi-Family 0.800 EBU per Unit
Mobile Home Park 0.500 EBU per Unit/Space
Non-Residential Developed 3.000 EBU per Acre
School (Public/Private) 1.500 EBU per Acre
Planned Residential Development 1.000 EBU per Unit/Lot
Park 0.750 EBU per Acre (Maximum of 5 Acres)
Golf Course 1.500 EBU per Acre (Maximum of 5 Acres)
(1) Vacant/Rural (Undeveloped) 0.750 EBU per Acre (Maximum of 5 Acres) (1) Special Case Varied EBU per Adjusted Acreage or Units (1) Exempt 0.000 EBU per Acre
Land Use Parcels
Assessed
Parcels Units
Applied
Acreage EBUs
Residential Single-Family 622 622 622 - 622.0000
Vacant/Rural (Undeveloped) 3 3 - 8.474 6.3555
Exempt 11 - - 33.049 -
Totals 636 625 622 41.523 628.3555

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

Calculation of Assessments
An assessment amount per EBU in each Zone is calculated by:

Taking the “Total Annual Expenses” (Total budgeted costs) and subtracting the “General Benefit Expenses (City Funded)”, to establish the “Total Eligible Special Benefit Expenses”; Total Annual Expenses – General Benefit Expenses = Total Eligible Special Benefit Expenses To the resulting “Eligible Special Benefit Expenses”, various “Funding Adjustments/Contributions” may be applied that may include, but are not limited to:
➢ “Available Ad Valorem Revenues Applied”, represents an adjustment (reduction) in the amount to be collected utilizing ad valorem revenue that may be available for the Zone that was not applied for general benefit expenses.
➢ “Unfunded Reserve Fund Collection”, represents an adjustment (reduction) in the amount to be collected for “Operational Reserve Funding” that was budgeted as part of the Total Annual Expenses.
➢ “Unfunded CIP/Rehabilitation Fund Collection”, represents an adjustment (reduction) in the amount to be collected for “CIP & Rehabilitation Reserve Fund Collection” that was budgeted as part of the Total Annual Expenses.
➢ “Reserve Fund Transfer/Deduction”, represents an amount of available existing funds from the “Operational Reserve Fund Balances” being applied to pay a portion of the Special Benefit Expenses for the fiscal year.
➢ “Additional City Contribution and/or Service Reductions”, represents a further adjustment that addresses the funding gap between the amount budgeted to provide the improvements and services (“Special Benefit Expenses”); and the amount that will be collected through the assessments. This funding gap may be addressed by an additional City contribution, reductions in service and service expenses, or a combination of the two.

These adjustments to the Special Benefit Expenses result in the net special benefit amount to be assessed “Balance to Levy”:

Eligible Special Benefit Expenses +/- Funding Adjustments/Contributions =Balance to Levy The amount identified as the “Balance to Levy” is divided by the total number of EBUs of parcels receiving special benefit to establish the “Assessment Rate” or “Assessment per EBU” for the fiscal year. This Rate is then applied back to each parcel’s individual EBU to calculate the parcel’s proportionate special benefit and assessment for the improvements.

Balance to Levy / Total EBU = Assessment per EBU (Assessment Rate) Assessment per EBU x Parcel EBU = Parcel Assessment Amount Note: As part of these proceedings to ballot property owners for new/increased assessments, the proposed new maximum assessments outlined in this Report are intended to fully support the costs and expenses identified as “Special Benefit Expenses”. Therefore, the “Funding Adjustments/Contributions” referenced above are not applicable to the calculation of the assessments described in this Report for Local Landscaping Zone L-1B, and the “Balance to Levy” represents the total “Special Benefit Expenses”.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

Annual Inflationary Adjustment (Assessment Range Formula) In fiscal year 1997/1998, in part as a result of Proposition 218, which was approved on the November 1996 statewide ballot and added Article XIII D to the California Constitution, the City took steps to reorganize the District to more fully reflect the special benefits associated with the District improvements and conducted a protest ballot proceeding for the proposed District assessments. Notices and ballots were mailed to all property owners within the District, outlining the changes to the method of apportionment and the resulting assessment amount proposed for each property and that such assessments would include an annual inflationary adjustment (often referred to as an Assessment Range Formula or escalator) based on the Consumer Price Index (CPI). On July 1, 1997, the ballot results were tabulated with eighty-three percent (83%) of the returned assessment ballots approving the assessment rates and annual inflationary adjustment.

The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment that are inevitably associated with providing for the maintenance and operation of landscaping and lighting improvements, thereby reducing the need for additional noticing and balloting procedures simply because of inflationary factors.

Proposed New Assessment Range Formula for Local Landscaping Zone L-1B:

Commencing with fiscal year 2025/2026 and each fiscal year thereafter, the maximum assessment rate established for the improvements in the previous fiscal year for Local Landscaping Zone L-1B may be adjusted by the percentage increase of the Local Consumer Price Index (CPI) plus three percent (CPI + 3.%) The Consumer Price Index used for the inflationary adjustment shall be the CPI for the Los Angeles-Long Beach-Anaheim, CA, Area for All Urban Consumers, as developed by U.S. Bureau of Labor Statistics.

Each fiscal year the City shall identify the annual percentage change in the CPI, using the difference over a 12-month period between the current year and of the previous year. This annual percentage change is generally established based on the annual percentage change from the prior year, but a similar 12-month time period may be used if more current data is available. This percentage difference plus three percent shall then establish the range of increase to the maximum assessment rate allowed for Zone L-1B. If the percentage change in CPI is negative, the maximum assessment rate may be adjusted from the previous fiscal year by three percent.

Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City may use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.

The Assessment Range Formula applicable to other District Zone Assessments for parcels in Zone L-1B is defined by the following:

Commencing in fiscal year 1998/1999 and each fiscal year thereafter, the maximum assessment rates established for the improvements in the previous fiscal year for each applicable Zone may be adjusted by the percentage increase of the Local Consumer Price Index (CPI). The Consumer Price Index used for the inflationary adjustment shall be for the Los Angeles-Riverside-Orange County Area for All Urban Consumers, as developed by U.S. Bureau of Labor Statistics. The CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time.

Each fiscal year the City shall identify the annual percentage change in the CPI, using the difference over a 12-month period between the current year and of the previous year. This annual percentage change is generally established based on the annual percentage change from the prior year, but a similar 12-month time period may be used if more current data is available. This

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

percentage difference shall then establish the range of increase to the maximum assessment rates allowed. If the percentage change in the CPI is negative, the maximum assessment rates shall not be adjusted from the previous fiscal year (unchanged). Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City may use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

Part III —Proposed Zone Budgets
The following proposed budget outlines the estimated costs to fund, maintain and service the various landscaping improvements and related amenities that provide special benefits to properties within Local Landscaping Zone L-1B for fiscal year 2024/2025. In recent fiscal years, the total eligible special benefit expenses identified to ensure adequate and proper servicing and maintenance of the improvements for Local Landscaping Zone L-1B have not been fully funded by the assessment revenues generated at the existing maximum assessment rate. As a result, it may have been necessary for City staff to reduce or eliminate the collection of funding for operational reserves and/or long term repairs, replacements, and rehabilitation and/or reduce maintenance, services and activities associated with the improvements. Recognizing that these revenue shortfalls are expected to continue and may likely increase over the years as a result of inflation, the City is proposing to ballot property owners within Zone L-1B for a new/increased maximum assessment including a modified assessment range formula that would fund the estimated total eligible special benefit expenses budgeted to provide the improvements for the Zone as outlined in this Report. The following budget identifies those estimated expenses and the resulting “Proposed Maximum Assessment Rate per EBU” for fiscal year 2024/2025 being presented to the property owners of record in a property owner protest ballot proceeding required pursuant to the provisions of the California Constitution.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Report - New/Increased Assessments;
Local Landscaping Zone L-1B
Fiscal Year 2024/2025

Zone L-1B Proposed Budget and Assessment Rate
Budget Items
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 164,814
Contractual Services 610,421
Landscape Utilities 187,358
Total Annual Maintenance Expenses $ 962,593
Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ -
CIP & Rehabilitation Fund Collection 247,769
Total CIP & Rehabilitation Funding $ 247,769
Incidental Operational Expenses
Operational Reserve Funding $ 96,259
City Administration/Professional Fees $ 45,939
County Administration Fees 4,058
Miscellaneous Administration Expenses 689
Annual Administration Expenses $ 50,686
Total Annual Incidental Expenses $ 146,945
TOTAL ANNUAL EXPENSES $ 1,357,307
General Benefit Expenses
General Benefit Expenses (City Funded) (103,376)
TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 1,253,932
Funding Adjustments/Contributions
Total Funding Adjustments / Contributions $ -
BALANCE TO LEVY $ 1,253,932
District Statistics
Total Parcels 636
Parcels Levied 625
Total Benefit Units 628.3555
Full Special Benefit Cost Recovery Rate per EBU $1,995.5768 Proposed Maximum Assessment Rate per EBU $1,996.00
Total Balloted Assessment Amount $ 1,254,197.57
Reserve & CIP Fund Balances
Beginning Fund Balance $ 108,567
Reserve Fund Collection 96,259
Capital Improvement Fund Collection 247,769
Fund Balance Transfer -
Collections / (Contributions) $ 344,029
Estimated Ending Fund Balance $ 452,595
Local Landscaping Zone L-1B
Fiscal Year 2024/2025
Proposed Budget
Maximum Assessment

Part IV — Assessment Roll
Due to the number of parcels in Local Landscaping Zone L-1B, the Assessment Roll containing the proposed new/increased maximum assessment for fiscal year 2024/2025 (a listing of the parcels to be assessed within Local Landscaping Zone L-1B along with the maximum assessment amounts to be balloted) has been filed with the City Clerk in an electronic format and is, by reference, made part of this Report. The proposed Assessment Roll shall be available for public inspection in the City Clerk’s Office during normal office hours.

The Assessment Roll incorporates each parcel identified within Local Landscaping Zone L-1B and the balloted maximum assessment amount proposed for fiscal year 2024/2025. Each parcel listed on the Assessment Roll is currently shown and illustrated on the County Assessor's Roll and the County Assessor’s Parcel Number Maps (APN maps). These records are by reference, made part of this Report and shall govern for all details concerning the description of the lots or parcels. All assessments presented on the assessment roll are subject to change pending the outcome of the Ballot Proceedings and/or as a result of parcel changes made by the County including parcel splits, parcel merges or development changes that occur prior to the County Assessor's Office securing the final roll and generating tax bills for fiscal year 2024/2025.

Part V — Zone Diagram
The boundary of the Yorba Linda Street Lighting and Landscaping Maintenance District is coterminous with the City boundaries and consists of all lots, parcels, and subdivisions of land within the City of Yorba Linda. The following section contains diagrams that show the boundaries of Local Landscaping Zone L-1B and the location of the proposed landscape improvement areas for which properties within the Zone are being balloted for a new/increased special benefit assessment to support the ongoing annual expenses associated with the maintenance and operation of the improvements proposed to be maintained.

The parcels within Zone L-1B consist of all lots, parcels and subdivisions of land currently identified within the boundaries of the Zone as depicted by this diagram and shall ultimately consist of and be dictated by the lines and dimensions of those lots, parcels, and subdivisions of land as shown on the Orange County Assessor’s parcel maps for fiscal year 2024/2025. By reference the Orange County Assessor’s parcel maps are incorporated herein and made part of this Report. The following diagram depicts the boundaries of the properties within Local Landscaping Zone L-1B and this diagram along with the Assessment Roll incorporated in this Report by reference, constitute the proposed Assessment Diagram for Zone L-1B for fiscal year 2024/2025.

Local Landscaping Diagram Zone L-1B (Proposed Improvements FY 2024/2025)

Appendix A — Improvement Summary Description
Local Landscaping Zone L-1B
The landscape areas for Local Landscaping Zone L-1B may include but are not limited to approximately:
➢ 467 square feet of irrigated median landscape improvements located on Camino De Bryant between Hidden Hills Road/Kodiak Mountain Drive and Big Horn Mountain Way. ➢ 52,741 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east and northeast side of Camino De Bryant between Abbey Glen Drive and Maiden Moor Lane. ➢ 10,066 square feet of irrigated sloped/mostly-sloped landscape improvements located on the southwest side of Camino De Bryant from Abbey Glen Drive to Ironstone Court (Camino De Bryant portion of corner return at Abbey Glen Drive).
➢ 31,962 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Abbey Glen Drive (south of Ironstone Court) from the southwest corner of Camino De Bryant and Abbey Glen Drive to the end of Abbey Glen Drive. ➢ 7,895 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Smokey Mountain Way between Mount Hood Way and Mount Rainer Way (Smokey Mountain Way portion of corner return at Mount Hood Way). ➢ 44,588 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Mount Hood Way west of the Smokey Mountain Way (Not including the entire corner return at the northwest corner of Smokey Mountain Way and Mount Hood Way). ➢ 13,531 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Kodiak Mountain Drive between Triumph Way and Ben Nevis Way (Kodiak Mountain Drive portion of corner return at Kodiak Mountain Drive and Triumph Way). ➢ 13,655 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Triumph Way between Kodiak Mountain Drive and Smokey Mountain Way including half of the corner return at Triumph Way and Kodiak Mountain Drive. ➢ 29,063 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Triumph Way from Smokey Mountain Way west to the cul-de-sac. ➢ 6,837 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Elk Mountain Drive between Mount Whitney Way and Aleutia Way (Wrap around continuation of the slope on the north side of Mount Whitney Way). ➢ 37,157 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Mount Whitney Way east of Elk Mountain Drive (Portion past corner return landscaping on Elk Mountain Drive).
➢ 6,898 square feet of irrigated sloped/mostly-sloped landscape improvements located on the southwest side of Camino De Bryant from Ironstone Court to 160 feet northwest of Ironstone Court.
➢ 5,673 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Ironstone Court just below the corner return area at the southwest corner of Camino De Bryant and Ironstone Court.

➢ 10,168 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Ironstone Court from the corner return area along Ironstone Court to the cul-de-sac of Ironstone Court.
➢ 4,698 square feet of irrigated flat/moderately-sloped landscape improvements located on the west side of Camino De Bryant between Hidden Hills Road/Kodiak Mountain Drive and Big Horn Mountain Way.
➢ 43,425 square feet of irrigated sloped/mostly-sloped landscape improvements located between developments on northwest side of Van Gogh Way between Camino De Bryant and Carol Court.
➢ 5,289 square feet of irrigated sloped/mostly-sloped landscape improvements located on the northwest side of Paseo de Toronto from Camino De Bryant, southwest along Paseo de Toronto a distance of approximately 180 feet .
➢ 69,297 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Kodiak Mountain Drive (portion of), specifically from just north of Alpine Lane north to Mountain Triumph Way (Includes the entire return at Mountain Triumph Way). ➢ 1,691 square feet of irrigated sloped/mostly-sloped landscape improvements located on the south side of Mountain Triumph Way between Kodiak Mountain Drive and Smokey Mountain Drive (Does not include the return at Kodiak Mountain Drive). ➢ 94,322 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north and west sides of Kodiak Mountain Drive (generally south and east of Smokey Mountain Way) from the intersection of Kodiak Mountain Drive and Camino De Bryant, northeast to just past Alpine Lane.
➢ 16,063 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Smokey Mountain Way between Mount Shasta Way and Mount Hood Way (Includes up to the v-ditch at the Shasta Way corner return).
➢ 16,634 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Mount Shasta Way from the v-ditch at the Smokey Mountain Way corner return, west approximately 315 feet.
➢ 400 square feet of irrigated flat/moderately-sloped landscape improvements located on the east side of Camino De Bryant between Hidden Hills Road/Kodiak Mountain Drive and Big Horn Mountain Way.
➢ 838 square feet of irrigated median landscape improvements located on Camino De Bryant between Hidden Hills Road/Kodiak Mountain Drive and Big Horn Mountain Way. ➢ 3,289 square feet of irrigated flat/moderately-sloped landscape improvements located on the northwest side of Camino De Bryant from the southwest corner of Applecross Lane, southwest approximately 150 feet .
➢ 72,148 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Camino De Bryant between the railroad and Picasso Drive (Includes the corner return at the southeast corner of Picasso Drive but not the area on Picasso Drive between Camino De Bryant and Marquet Court).
➢ 1,877 square feet of irrigated sloped/mostly-sloped landscape improvements located on the southeast side of Picasso Drive between Camino De Bryant and Marquet Court (Excludes most of the corner return at Picasso Drive and Camino De Bryant).

➢ 5,672 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Elk Mountain Road between Smokey Mountain Way and Mount Whitney Way (Includes the complete corner return areas at both Smokey Mountain Way and Mount Whitney Way).
➢ 44,447 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Smokey Mountain Way from the corner return area at Elk Mountain Drive east approximately 750 feet.
➢ 52,382 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Mount Shasta Way from approximately 315 feet west of Smokey Mountain Way, west to the Mount Shasta Way cul-de-sac.
➢ 58,808 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north and northeast side of Camino De Bryant (Generally south of Smokey Mountain Way) from the intersection of Kodiak Mountain Drive and Camino De Bryant, northwest to Elk Mountain Drive (Includes half of the corner return at the southeast corner of Elk Mountain Drive and Camino De Bryant).
➢ 6,521 square feet of irrigated sloped/mostly-sloped landscape improvements located on the southeast side of Elk Mountain Drive between Camino De Bryant and Smokey Mountain Way (Includes half of the corner return at the southeast corner of Elk Mountain Drive and Camino De Bryant)2700).
➢ 38,797 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west and northwest sides of Smokey Mountain Way from Elk Mountain Drive, south and east approximately 1,050 feet.
➢ 61,824 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Camino De Bryant from just north of Meadow Land Drive to Kodiak Mountain Drive and the east side of Kodiak Mountain Drive from Camino De Bryant to the entryway of the La Terazza development.
➢ 5,143 square feet of irrigated sloped/mostly-sloped landscape improvements located in the area on the southeast side of Kodiak Mountain Drive from the southeast corner of Alpine Lane, southwest a distance of approximately 175 feet.
➢ 2,846 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Camino De Bryant between Kodiak Mountain Drive/Hidden Hills Road and Big Horn Mountain Way (Includes half of the corner return at Kodiak Mountain Drive). ➢ 7,166 square feet of irrigated sloped/mostly-sloped landscape improvements located on the West side of Camino De Bryant between the railroad and Picasso Drive and the southeast side of Picasso Drive between Camino De Bryant and Marquet Court. ➢ 2,127 square feet of irrigated flat/moderately-sloped landscape improvements located on the southeast side of Camino De Bryant from the southeast corner of Glaramara Lane northeast approximately 150 feet .
➢ 2,281 square feet of irrigated flat/moderately-sloped landscape improvements located on the east side of Camino De Bryant from the southeast corner of Glaramara Lane south approximately 150 feet .
➢ 2,398 square feet of irrigated flat/moderately-sloped landscape improvements located on the northwest side of Camino De Bryant from the northwest corner of Applecross Lane northeast approximately 150 feet .

➢ 9,026 square feet of irrigated sloped/mostly-sloped landscape improvements located on the southwest side of Camino De Bryant, southeast of Abbey Glen Drive, extending from Abbey Glen Drive southwest approximately 180 feet.
➢ 1,015 square feet of irrigated sloped/mostly-sloped landscape improvements located on the northwest corner of Camino De Bryant and Elk Mountain Drive ( A portion of that area northwest of Smokey Mountain Way situated along the north side of Camino De Bryant). ➢ 2,010 square feet of irrigated sloped/mostly-sloped landscape improvements located on the northwest corner of Camino De Bryant and Elk Mountain Drive ( A portion of that area northeast of Camino De Bryant situated along the northwest side of Smokey Mountain Way). ➢ 2,653 square feet of irrigated flat/moderately-sloped landscape improvements located on the west side of Marquet Court and Southeast corner of Picasso Drive and Marquet Court. ➢ 1,522 square feet of irrigated sloped/mostly-sloped landscape improvements located on the northwest corner of Camino De Bryant and Elk Mountain Drive (That portion of the area northwest of Smokey Mountain Way situated along the north side of Camino De Bryant). ➢ 11,804 square feet of irrigated sloped/mostly-sloped landscape improvements located on the northwest corner of Camino De Bryant and Elk Mountain Drive (that portion of the area northeast of Camino De Bryant situated along the northwest side of Smokey Mountain Way). ➢ 5,863 square feet of irrigated flat/moderately-sloped landscape improvements located on the southeast corner of Paseo de Toronto and Camino De Bryant extending from Elizabeth Drive on Paseo de Toronto past Kodiak Mountain Drive on Camino De Bryant. ➢ 4,884 square feet of irrigated flat/moderately-sloped landscape improvements located on the southeast side of Paseo de Toronto from Elizabeth Drive south to Zone boundary. ➢ 4,929 square feet of irrigated flat/moderately-sloped landscape improvements located on the north and northeast side of Camino De Bryant (That portion generally south of Smokey Mountain Way) from the intersection of Kodiak Mountain Drive and Camino De Bryant, northwest to Elk Mountain Drive, and the southeast side of Elk Mountain Drive between Camino De Bryant and Smokey Mountain Way.
➢ 6,752 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Alpine Lane from the northeast corner with Kodiak Mountain Drive east and north approximately 200 feet.
➢ 7,925 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Smokey Mountain Way between Elk Mountain Drive and Mount Shasta Way (Includes the corner return areas at both Elk Mountain Drive and Mount Shasta Way). ➢ 19,803 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Elk Mountain Drive from Smokey Mountain Way to approximately 380 feet west of Smokey Mountain Way (Does not include the corner return area at Elk Mountain Drive and Smokey Mountain Way).
➢ 2,180 square feet of irrigated flat/moderately-sloped landscape improvements located on the west side of Camino De Bryant between Big Horn Mountain Way and Daisy Circle.

➢ 2,426 square feet of irrigated flat/moderately-sloped landscape improvements located on the north and northeast sides of Camino De Bryant (That portion generally south of Smokey Mountain Way) from the intersection of Kodiak Mountain Drive and Camino De Bryant, northwest to Elk Mountain Drive, and the southeast side of Elk Mountain Drive between Camino De Bryant and Smokey Mountain Way.
➢ 5,894 square feet of irrigated sloped/mostly-sloped landscape improvements located on the west side of Smokey Mountain Way between Mount Rainer Way and Mount Triumph Way (Includes entire corner returns at Mount Rainer Way and Mount Triumph Way). ➢ 40,290 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Mount Rainer Way from Smokey Mountain Way west to the cul-de-sac (A distance of approximately 880 feet but excludes the corner return area at Smokey Mountain Way and Mount Rainer Way).
➢ 1,459 square feet of irrigated flat/moderately-sloped landscape improvements located on the southwest side of Camino De Bryant between Delacroix Way and Picasso Drive (Portion of). ➢ 4,311 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Elk Mountain Drive from Aleutia Way north approximately 140 feet. ➢ 31,316 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Aleutia Way from Elk Mountain Drive corner return, east to cul-de-sac (Approximately 1,000 feet).
➢ 3,149 square feet of irrigated flat/moderately-sloped landscape improvements located between developments at the northwest corner of Van Gogh Way and Carol Court. ➢ 4,261 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Ben Nevis Way at Kodiak Mountain Drive.
➢ 5,593 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Ben Nevis Way west of Kodiak Mountain Drive. ➢ 4,539 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Kodiak Mountain Drive from a centerline extension of Mount Triumph Way, south approximately 160 feet.
➢ 8,699 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Kodiak Mountain Drive from a centerline extension of Mount Triumph Way, north to a centerline extension of Ben Nevis Way.
➢ 2,764 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Kodiak Mountain Drive from a centerline extension of Ben Nevis Way, north to Castle Bend Way .
➢ 2,219 square feet of irrigated sloped/mostly-sloped landscape improvements located on the south side of Castle Bend Way from the middle of the corner return at Kodiak Mountain Drive, east approximately 205 feet (End of the block wall).
➢ 7,418 square feet of irrigated sloped/mostly-sloped landscape improvements located on the east side of Camino De Bryant between Big Horn Mountain Way and Daisy Circle. ➢ 950 square feet of irrigated flat/moderately-sloped landscape improvements located on the southwest side of Camino De Bryant between Delacroix Way and Picasso Drive (Portion of the area).

➢ 55,153 square feet of irrigated sloped/mostly-sloped landscape improvements located on the north side of Kodiak Mountain Drive between Camino De Bryant and Castle Bend Way including portions of the corner returns at Camino De Bryant and Castle Bend Way. ➢ 29,465 square feet of irrigated sloped/mostly-sloped landscape improvements located North and East sides of Castle Bend Way from the corner return v-ditch at Kodiak Mountain Drive, east approximately 315 feet to the next v-ditch then south an additional 110 feet. ➢ 33,032 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north and west sides of Kodiak Mountain Drive from the intersection of Kodiak Mountain Drive and Camino De Bryant, northeast to just past Alpine Lane. ➢ 81,231 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north and northeast side of Camino De Bryant (Generally south of Smokey Mountain Way) from the intersection of Kodiak Mountain Drive and Camino De Bryant, northwest to Elk Mountain Drive.
➢ 145,004 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north and west sides of Kodiak Mountain Drive (Generally south and east of Smokey Mountain Way) from the intersection of Kodiak Mountain Drive and Camino De Bryant, northeast to just past Alpine Lane.
➢ 27,960 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north and northwest side of Abbey Glen Drive, south of Ironstone Court. ➢ 18,266 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north side of Ironstone Court generally south and west of Camino De Bryant. ➢ 41,208 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the east and northeast side of Camino De Bryant south of Maiden Moor Lane. ➢ 166,161 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located southeast of Maiden Moor Lane, south and east of Camino De Bryant and northwest of Elk Mountain Drive.
➢ 53,188 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located north of Kodiak Mountain Drive between Castle Bend and Camino De Bryant. ➢ 26,897 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located at the end of Triumph Way.
➢ 23,286 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located north of Triumph Way.
➢ 8,035 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located at the end of Mount Rainer Way.
➢ 22,103 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north side of Mount Hood Way.
➢ 57,206 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north side of Mount Shasta Way.
➢ 24,169 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north side of Aleutia Way.
➢ 53,089 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located north and east of Mount Whitney Way and south of Aleutia Way.

➢ 39,599 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the northwest side of Smokey Mountain Way, south and east of Aleutia Way. ➢ 32,092 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north side of Smokey Mountain Way, south of Mount Whitney Way. ➢ 16,510 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the west side of Kodiak Mountain Drive (East of Smokey Mountain Drive) from Alpine Lane north to Mountain Triumph Way and the south side Mountain Triumph Way between Kodiak Mountain Drive and Smokey Mountain Drive.
➢ 54,483 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the north side of Camino De Bryant between Meadow Land Drive to Kodiak Mountain Drive adjacent to the La Terazza development.
➢ 227,824 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the west side of Camino De Bryant between the railroad right-of-way and Picasso Drive and north of the railroad right-of-way from Camino De Bryant west to the Zone boundary. ➢ 56,424 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the west side of Camino De Bryant between the railroad right-of-way and Picasso Drive and north of the railroad right-of-way from Camino De Bryant west to the Zone boundary (Bottom portion of the entire slope between situated between the first and second V-ditch). ➢ 40,883 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the west side of Camino De Bryant between railroad right-of-way and Picasso Drive and north of the railroad right-of-way from Camino De Bryant west to the Zone boundary (Middle portion of the entire slope between situated between the second and third V-ditch). ➢ 22,221 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located Portion of the fallow slope area no longer maintained on the West side of Camino De Bryant between railroad ROW and Picasso Drive and north of the railroad ROW from Camino De Bryant west to the Zone boundary (Top portion of the entire slope between situated between the third V-ditch and fence lines).
➢ 162,646 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located on the West side of Camino De Bryant between the railroad right-of-way and Picasso Drive and north of the railroad right-of-way from Camino De Bryant west to the Zone boundary. ➢ 56,883 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located between developments situated north and west of Carol Court generally between Van Gogh Way and Paseo de Toronto.
➢ 92,580 square feet of reduced/transitional sloped/mostly-sloped landscape improvements located southeast of Kodiak Mountain Drive and the La Terazza development and just north of the Green Meadows Way cul-de-sac which is not in the Zone.

ADMINISTRATION DEPARTMENT
DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID CHRISTIAN, ASSISTANT CITY MANAGER
SUBJECT: PROPOSED FOURTH AMENDMENT TO CITY ATTORNEY AGREEMENT

RECOMMENDATION
It is recommended that the City Council approve the Proposed Fourth Amendment to Agreement for Provisions of Attorney Services.

BACKGROUND
The City originally entered into an agreement with Rutan & Tucker, LLP for City Attorney services in January 2011. The agreement was amended in March 2017 (First Amendment) for a rate adjustment, in April 2018 (Second Amendment) to add the Yorba Linda Municipal Financing Authority to the agreement, and again in April 2022 (Third Amendment) for a rate adjustment due to the above average Consumer Price Index (CPI) increases.

DISCUSSION
The City Council recently conducted an annual evaluation of the City Attorney. As a result of a positive evaluation, the City Attorney is eligible for a CPI rate adjustment. The Proposed Fourth Amendment is requesting rate increases from $260 per hour to $270 per hour, or

3.8%, for General Services and from $290 per hour to $300 per hour, or 3.4%, for Special Services. In addition, Paralegal and Law Clerk rate increases from $136 per hour to $140 per hour, or 2.9%, are also being requested.

These rate increases are being requested as an amendment to the agreement because they exceed the maximum 2% allowed for in the agreement and due to the higher than normal CPI that has occurred this past year.

FISCAL IMPACT
Should Council approve this amendment, the rate increases would go into effect as of November 1, 2023. It is uncertain at this time if any adjustments to the budget are necessary. Should staff determine that a budget adjustment is warranted a request will brought to the Council at a later date.

PROPOSED FOURTH AMENDMENT TO CITY ATTORNEY AGREEMENT
P a g e | 2

ALTERNATIVES
Do not approve the Proposed Fourth Amendment to Agreement for Provision of Attorney Services and keep the rates as they are.

ATTACHMENTS

1. Proposed Fourth Amendment for Provision of Attorney Services

FOURTH AMENDMENT TO AGREEMENT

FOR PROVISION OF ATTORNEY SERVICES

THIS FOURTH AMENDMENT TO AGREEMENT FOR PROVISION OF ATTORNEY SERVICES (“Fourth Amended Agreement”) is made and entered into as of the 3rd day of October, 2023 (“Effective Date”), by and between the City of Yorba Linda, a California municipal corporation (“City”), the Successor Agency to the Yorba Linda Redevelopment Agency, a public body, corporate and politic (“Agency”), the Yorba Linda Housing Authority, a public agency (“Housing Authority”), and the Yorba Linda Municipal Financing Authority, a California joint powers authority (“Municipal Financing Authority”, all parties collectively the “City Parties”), and Rutan & Tucker, LLP, a California limited liability partnership (“Attorney”).

RECITALS
A. City, Agency, and Attorney are parties to that “Agreement For Provision of City And Agency Attorney Services” (“Original Agreement”) dated January 4, 2011.

B. City, Agency, Housing Authority, the Yorba Linda Public Financing Authority, a California joint powers authority (“Financing Authority”), and Attorney are parties to that “First Amendment to Agreement for Provision of Attorney Services” (“First Amended Agreement”) dated March 7, 2017 which amended the Original Agreement.

C. City Parties, Financing Authority, and Attorney are parties to that “Second Amendment to Agreement for Provision of Attorney Services” (“Second Amended Agreement”) dated April 17, 2018, which amended the Original Agreement and First Amended Agreement. The Financing Authority has since been terminated and dissolved. City Parties and Attorney are parties to that “Third Amendment To Agreement for Provision of Attorney Services” (“Third Amended Agreement”) dated April 5, 2022. The Original Agreement, First Amended Agreement, Second Amended Agreement, and Third Amended Agreement are hereby collectively referenced as “City Attorney Agreement”.

D. The City Parties and Attorney desire to amend the City Attorney Agreement on the terms contained in this Fourth Amended Agreement. Unless modified by this Fourth Amended Agreement, all terms and conditions of the City Attorney Agreement remain in full force and effect.

COVENANTS
Based upon the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City Parties and Attorney hereby agree as follows:

Section 1: Article 4.1 of the Original Agreement and Section 1 of the First and Third Amended Agreements are amended to read as follows:

City Parties shall compensate Attorney for General City Attorney Services and Specialized Legal Services as provided herein. City Parties shall pay Attorney $270 per hour for attorney work for General City Attorney Services. For Specialized Legal Services, City Parties shall pay Attorney $300 per hour for all attorney work. City Parties shall pay Attorney $140 per hour for paralegals and law clerks.

Section 2: The new hourly rates in this Fourth Amended Agreement shall apply to work performed beginning November 1, 2023.

IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amended Agreement to be duly executed with all the formalities required by law on the date first written above.

CITY OF YORBA LINDA
By:

Mayor
ATTEST:

By: _______________________________
City Clerk

SUCCESSOR AGENCY TO THE YORBA

LINDA REDEVELOPMENT AGENCY
By: _______________________________
Chairperson
ATTEST:

By: _______________________________
Agency Secretary

YORBA LINDA HOUSING AUTHORITY
By: _______________________________
Chairperson
ATTEST:

By: _______________________________
Secretary

YORBA LINDA MUNICIPAL FINANCING

AUTHORITY
By: _______________________________
Chairperson
ATTEST:

By: _______________________________
Secretary

RUTAN & TUCKER, LLP
By: _______________________________
Todd Litfin, Partner

PUBLIC WORKS DEPARTMENT
DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
FROM: JAMIE LAI, P.E. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: RICK YEE, P.E., DEPUTY PUBLIC WORKS DIRECTOR SUBJECT: ADA SELF EVALUATION AND TRANSITION PLAN REVIEW AND PUBLIC

COMMENT

RECOMMENDATION
It is recommended that the City Council:

1. Allow public comment and provide input;

2. Release Draft ADA Self Evaluation and Transition Plan for a 30 day comment period

BACKGROUND
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act (ADA), the City has completed a Self-Evaluation and ADA Transition Plan for its public rights of way and public facilities. Additionally, the completion of these documents is required by local agencies who want to remain eligible for federal funding via the Federal Highway Administration (FHWA).

The Self Evaluation and ADA Transition Plan includes the self-evaluation/survey of a public agency’s facilities, policies, and practices as it relates to requirements set forth in the ADA.

Repair and replacement of deficient facilities must be noted and addressed in a formal transition plan.

The City hired an ADA consultant (Sally Swanson and Associates) to prepare the ADA Self Evaluation and Transition Plan and the draft document is now complete. The Transition Plan includes surveys on accessibility within the public rights of way and at City owned parks and building facilities. As part of the Self Evaluation, the document also evaluates the City’s programs and services. These documents provide a summary of deficiencies, priorities, and recommendations on improving accessibility throughout the City.

DISCUSSION
The Self Evaluation and Transition Plan is a living document that is regularly reviewed and updated. In its continuing efforts to maintain compliance, the City will implement protocol to

A D A S E L F E V A L U A T I O N A N D T R A N S I T I O N P L A N R E V I E W A N D

P U B L I C C O M M E N T
P a g e | 2
ensure the Plan continues to be regularly reviewed and updated. The City has established an ADA Coordinator that has oversight responsibility for implementation of ADA requirements among the various City services provided to the public. The City, primarily through the Public Works and Parks and Recreation Departments, has also actively budgeted funds to ensure its facilities are brought into compliance as part of the City’s Capital Improvement Program. As programs, services, and activities are brought into compliance with policies and procedures identified in the Plan, the results of those efforts will be incorporated into the document. As City facilities are brought into compliance, the results of those efforts will also be incorporated into the document. The result of these efforts is a Plan that identifies facilities, programs, services, and activities that need increased accessibility and defines the City’s approach in moving towards greater accessibility.

The 30-day public comment period on the ADA Self Evaluation and Transition Plan is scheduled to begin on October 17, 2023, and will conclude on November 17, 2023. The full document (including appendices) will become available via the City’s website on October 17, 2023. The ADA Self Evaluation Report and the Transition Plan Executive Summary are included with this report. Comments will be accepted via e-mail, phone, or U.S. Mail. The outreach effort will be accomplished thru the City’s website, social media, E-newsletter, and via targeted outreach to senior groups including the Yorba Linda Senior Citizen’s Club and the senior programs operated by City’s Parks and Recreation Department.

Upon receipt of comments, the City’s consultant will compile and incorporate the comments into a final document. The final document, inclusive of public comments, will be scheduled for City Council adoption at the December 5, 2023 City Council Meeting.

FISCAL IMPACT
No impact related to the gathering of public comments and receiving and filing of the document.

ALTERNATIVES
The alternative would be not to proceed with a public comment period. However, this is not recommended as public engagement is a necessary part of the ADA Transition Plan and public comments are required to be entered into the record for this document.

ATTACHMENTS
Attachment 1 - ADA Transition Plan Executive Summary
Attachment 2 - ADA Self-Evaluation Report

City of Yorba Linda
Americans with Disabilities Act
Transition Plan and Self-Evaluation –
Public Rights-of-Way (PROW)

Report Prepared by:

Sally Swanson Architects, Inc.
2600 West Olive Ave, 5th Floor
Burbank, CA 91505

City of Yorba Linda
1 ACKNOWLEDGEMENT
Sally Swanson Architects, Inc. (SSA) would like to thank the City of Yorba Linda staff that were very generous with their time and knowledge, without which, this project would not have been possible.

City of Yorba Linda
2 TABLE OF CONTENTS
Acknowledgement ................................................................................................ 1 TABLE OF CONTENTS .................................................................................................. 2 SECTION I: EXECUTIVE SUMMARY............................................................................. 4 INTRODUCTION: DEVELOPMENT OF ADA TRANSITION PLAN...................... 4 OVERVIEW: SELF-EVALUATION OF POLICIES, PROCEDURES AND
PRACTICES......................................................................................................... 6 OVERVIEW: ACCESS COMPLIANCE SURVEYS OF FACILITIES..................... 7 Report Production................................................................................................. 9 Prioritization Criteria for Barrier Mitigation – Facilities ........................................ 11 OVERVIEW: ACCESS COMPLIANCE SURVEYS OF THE PUBLIC RIGHTS-OFWAY ................................................................................................................... 13 Prioritization Criteria for Barrier Mitigation – Public Rights-of-Way..................... 14 OFFICIAL(S) RESPONSIBLE ............................................................................ 16 PUBLIC INPUT................................................................................................... 18 TRANSITION PLAN IMPLEMENTATION........................................................... 19 Maintenance of Accessible Features.................................................................. 19 Implementation Policies...................................................................................... 20 NOTICE OF COMPLIANCE UNDER ADA & CALIFORNIA STATE LAW .......... 21 ADA GRIEVANCE PROCEDURE ...................................................................... 23 SECTION II: APPENDIX ............................................................................................... 25 Appendix A: The Americans with Disabilities Act Self Evaluation Report........... 26 Appendix B: Access Compliance Survey Report of facilities .............................. 27 Appendix C: Access Compliance Survey Report of sidewalks ........................... 28 Appendix D: Access Compliance Survey Report of curb ramps......................... 29 Appendix E: Access Compliance Survey Report of pedestrian signals .............. 30

City of Yorba Linda
3 Appendix F: Prioritization Criteria for Barrier Mitigation – Public Rights-of-Way. 31 Table of Contents ............................................................................................... 31 Definitions........................................................................................................... 32 Activity Score...................................................................................................... 34 Barrier Score ...................................................................................................... 35 Priority Score...................................................................................................... 50 Appendix G: Prioritization Criteria for Barrier Mitigation – Facilities.................... 51 Table of Contents ............................................................................................... 51 Definitions........................................................................................................... 52 Priority Score...................................................................................................... 53 Severity Score .................................................................................................... 54 Appendix H: Public Comments........................................................................... 55

City of Yorba Linda
4 SECTION I: EXECUTIVE SUMMARY
INTRODUCTION: DEVELOPMENT OF ADA TRANSITION PLAN
The Americans with Disabilities Act (ADA) of 1990 provides comprehensive civil rights protections to qualified individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. A primary goal of the ADA is to ensure equal participation in public life for all Americans with disabilities. Title II of the Act covers programs, services and activities of public entities, such as the City of Yorba Linda.

The ADA defines “disability” as:
a. a physical or mental impairment that substantially limits one or more major life activities;
b. having a record of such an impairment; or
c. being regarded as having such an impairment.

If an individual meets any one of these tests, they are considered to be an individual with a disability for purposes of the ADA.

Under Title II, a public entity may not deny the benefits of its programs, services, and/or activities to individuals with disabilities by maintaining inaccessible facilities, which house these programs, services and activities. The City's programs, services, and activities, when viewed in their entirety, must be made accessible to and usable by individuals with disabilities, except where to do so would result in a fundamental alteration in the nature of the program; result in undue financial and administrative burdens or threaten or destroy the historic significance of a historic property.

Section §35.150 requires that each program, service or activity conducted by a City, when viewed in its entirety, be readily accessible to and usable by individuals with disabilities. The regulation makes clear, however, that a City is not required to make each of its existing facilities accessible (§35.150(a)(1)). Unlike Title III of the ADA, which requires public accommodations to remove architectural barriers where such removal is "readily achievable," or to provide goods and services through alternative methods, where those methods are "readily achievable," Title II requires a City to make its programs accessible in all cases, except where to do so would result in a fundamental alteration in the nature of the program or in undue financial and administrative burdens. The US Congress intended the "undue burden" standard in Title II to be significantly higher than the "readily achievable" standard in Title III. Thus, although Title II may not require removal of barriers in some cases where removal would be required under Title III, the program access requirement of Title II should

City of Yorba Linda
5 enable individuals with disabilities to participate in and benefit from the programs, services or activities of cities in all but the most unusual cases. The City is not required to take any action that is “technically infeasible”. As to alterations, an item is technically infeasible when something has little likelihood of being accomplished because existing structural conditions would require removing or altering a loadbearing member that is part of the structural frame, existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with minimum requirements. When technical infeasibility is encountered, ADA compliance is required to the maximum extent feasible. As to terrain, full compliance is “structurally impracticable” when the unique characteristics of terrain prevent the incorporation of accessibility features. Any portion of the facility that can be made accessible shall be made accessible to the extent that it is not structurally impracticable.

To comply with the Title II requirements for accessibility to City programs, services and activities, this Transition Plan:
• Identifies physical obstacles in the public entity's Public Rights-of-Way that limit the accessibility of its programs or activities to individuals with disabilities;
• Assesses the extent of architectural barriers to program accessibility in the public rights-of-way and within the buildings, parks and other facilities operated by the City;
• Describes in detail the methods that will be used to make the Public Rightsof-Way accessible; • Estimates costs for mitigation solutions;
• Specifies the steps necessary to achieve compliance;
• Provides a schedule for barrier removal/mitigation;
• Sets priorities for barrier elimination; and
• Indicates the official responsible for implementation of the plan.

City of Yorba Linda
6 OVERVIEW: SELF-EVALUATION OF POLICIES, PROCEDURES AND

PRACTICES
In addition to identifying and modifying physical barriers, Title 28 CFR Part 35, NonDiscrimination on the Basis of Disability in State and Local Government Services, requires that a public entity evaluate its policies, procedures and practices.

The following outlines the City’s Self-Evaluation:
• Evaluate City policies, procedures, and practices as they pertain to its programs, services and activities; and make the necessary modifications to those policies and practices that do not meet the programmatic requirements of Title II of the ADA
• Provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the Self-Evaluation process by submitting comments • Maintain, file and make available for public inspection a list of interested persons consulted, a description of areas examined, and any problems identified, and a description of any modifications made It is recommended that the City periodically evaluate such policies, procedures and practices pertaining to communication, auxiliary aids and services, emergency response, publications, determination for undue burden, public activities, employment, and new construction of facilities, in addition to physical accessibility to City facilities.

It is also recommended that for program barrier mitigation, a detailed outline of administrative requirements and detailed requirements of needed policies be included.

The policy outline would serve as a guideline upon which the City's future policies may be built.

City of Yorba Linda
7 OVERVIEW: ACCESS COMPLIANCE SURVEYS OF FACILITIES
The ADA Transition Plan is used to document physical accessibility barriers to the City’s programs, services, and activities and to outline a schedule / plan (or the basis to produce one) for which the City shall follow to transition from a state of noncompliance to compliance.

The access compliance surveys of City owned and leased facilities fulfill a portion of the first two requirements of an ADA Transition Plan by identifying existing building conditions that deviate from current State and Federal standards for new construction and providing detailed description of proposed solutions for barrier mitigation. For each barrier, the surveys outline the code deviations and requirements from the Americans with Disabilities Act Accessibility Guidelines (ADAAG), ADA Standards for Accessible Design (ADAS) and the Accessibility Standards in the California Building Standards Code (CBC).

The access compliance surveys of City facilities cover approximately 36 owned and leased facilities maintained by the City. The surveys identified approximately 2,015 different accessibility related barriers within the City facilities and that the financial cost to mitigate all barriers identified in the surveys to be approximately $10.6 million.

Number of
Facilities Surveyed
Number of
Accessibility
Barriers
Total Cost
Estimated ($)
43 2,015 $10,571,412
The City facilities that were surveyed are shown in the table below:

Facility
Number Facility Name Address City, State, ZIP
1 Arroyo Park 20994 Yorba
Linda Blvd.

Yorba Linda, CA
92886
2 Black Gold Golf Club 1 Black Gold
Drive
Yorba Linda, CA
92886
3 Black Gold Golf Club
Maintenance
17683 Lakeview
Ave.

Yorba Linda, CA
92886
4 Box Canyon Park 23400 Foxtail Dr. Yorba Linda, CA
92886
5 Brush Canyon Park 28282 Brush
Canyon Dr.

Yorba Linda, CA
92886
6 Bryant Ranch Park 24705 Paseo De
Toronto
Yorba Linda, CA
92886

City of Yorba Linda
8 8 Casino Ridge Staging
Area
21202 Casino
Ridge Rd.

Yorba Linda, CA
92886
9 Checkers Dog Park 5411 Eastside
Circle
Yorba Linda, CA
92886
10 City Hall 4845 Casa Loma
Ave.

Yorba Linda, CA
92886
11 City Yard 4751 Eureka Yorba Linda, CA
92886
12 Community Center 4501 Casa Loma
Ave.

Yorba Linda, CA
92886
13 Eastside Community
Park
5400 Eastside
Circle
Yorba Linda, CA
92886
14 Fairmont Knolls 4701 Fairmont
Blvd.

Yorba Linda, CA
92886
15 Gun Club Road Linear
Park
19565 Yorba
Linda Blvd.

Yorba Linda, CA
92886
16 Hurless Barton Park 4601 Casa Loma
Ave.

Yorba Linda, CA
92886
17 Jean Woodard Park 5450 Granby Dr. Yorba Linda, CA
92886
18 Jessamyn West Park 19115 Yorba
Linda Blvd.

Yorba Linda, CA
92886
19 Kingsbriar Park 5560 Kingsbriar
Dr.

Yorba Linda, CA
92886
20 Las Brisas Park 24655 Via
Vallarta
Yorba Linda, CA
92886
21 Las Palomas Tennis
Park
20550 Paseo de
las Palomas
Yorba Linda, CA
92886
22 Lucia Kust Park 20350
Bastanchury Rd.

Yorba Linda, CA
92886
25 Quarter Horse Staging
Area
3906 Quarter
Horse Dr
Yorba Linda, CA
92886
26 Rio Del Oro Park 4800 Rio del Oro Yorba Linda, CA
92886
27 Roland E. Bigonger Park 19360 Parkside
Dr.

Yorba Linda, CA
92886
29 San Antonio Park 4185 San
Antonio Rd.

Yorba Linda, CA
92886
30 Shapell Park 5510 Vista del
Mar
Yorba Linda, CA
92886

City of Yorba Linda
9 31 Susanna Bixby Bryant
Museum
5700 Susanna
Bixby Dr.

Yorba Linda, CA
92886
32 Thomas Lasorda Jr. Field
House
4701 Casa Loma
Ave.

Yorba Linda, CA
92886
33 Town Center Parking
Structure
18423 Arroyo
Way
Yorba Linda, CA
92886
36 Veterans Park 4756 Valley View
Ave.

Yorba Linda, CA
92886
37 Vista Del Verde I Park 17600 Lakeview
Ave.

Yorba Linda, CA
92886
38 Vista Lampara Park 24520 Vista
Lampara
Yorba Linda, CA
92886
39 Wedaa Park (Formerly
Vista Del Verde II Park)
4200 Lakeview
Ave.

Yorba Linda, CA
92886
40 Yorba Linda Cultural Arts
Center
4802 Lakeview
Ave.

Yorba Linda, CA
92886
42 Yorba Linda Police
Services
20994 Yorba
Linda Blvd.

Yorba Linda, CA
92886
43 Yorba Linda Public
Library
4852 Lakeview
Ave.

Yorba Linda, CA
92886
Report Production
The following information contains the minimum data included in the Transition Plan – Access Compliance Survey Reports:
• Item number of barrier and/or room numbers, corresponding to schematic site and floor plans
• Area/location of the barrier; for example, room name or number • Description of the barrier (as-built situation)
• As-is measurement/dimension
• Method of mitigation (e.g. physical alteration, purchase, program modification, equivalent facilitation, etc.)
• Detailed description of proposed solution and, if applicable, an alternative or interim solution
• Code citations, specifying the applicable sections in the State accessibility regulations, and in the Federal standards

City of Yorba Linda
10 • Severity of individual barriers (four levels: 1=severe, 2=moderate, 3=mild 4=minor) • Unit and estimated unit price
• Total estimated cost for barrier removal
• Special site conditions (if applicable)
The information obtained from the surveys of the City facilities is maintained on a Microsoft Excel spreadsheet database.

Access Compliance Survey Reports are contained in Section II: Appendix.

SEE Appendix A: Access Compliance Survey Report of Facilities

City of Yorba Linda
11 Prioritization Criteria for Barrier Mitigation – Facilities The third requirement of an ADA Transition Plan is to create a schedule that the City shall follow which addresses the order in which barriers shall be mitigated. This schedule shall be a public document and shall be made available for public inspection, maintained, and updated for the duration of the Transition Planning period. The maintaining and updating of this document shall mark the City’s good-faith efforts in transitioning from a state of noncompliance to compliance regarding the ADA.

The difficulty and complexity of creating a schedule is recognized. Therefore, to provide a methodology for creating a schedule, a prioritization criterion was formed to rank barriers in order of most important to mitigate first to least important. The prioritization criteria rates each barrier based on two factors, its Priority Score, and its Severity Score.

The Priority Score ranks the relative importance of addressing the barrier based on its locational impact on the disabled population, and the Severity Score ranks the barrier based on the degree of deviation exhibited compared to applicable access standards.

Overall Prioritization Criteria according to programmatic functions:
 Importance of the program function
 Frequency of Use
 Program location and relation to other programmatic functions  Future Projects
Since persons with disabilities utilize certain facilities with greater frequency than other facilities, the impact of barriers identified at those facilities was deemed to be greater.

Upon compilation of the survey results, prioritization criteria were determined for barriers identified in the survey and additional information was obtained to determine a final level of prioritization.

Prioritization Criteria according to barrier location:

Priority can be further divided within any one facility depending on the function of the area within the facility being surveyed. Typically, these areas are divided into 4 general priorities.

The prioritization criteria can be used to sort the access barriers identified in the surveys and create a schedule that order barrier mitigation work starting from barriers of highest importance to barriers of least importance.

City of Yorba Linda
12 SEE Appendix F: Prioritization Criteria for Barrier Mitigation – Facilities Additional Consideration: Age of the Facility
The age of the facility can also determine the City’s obligations to meet ADA compliance.

Facilities built before September 15, 2010 are obligated to be in compliance with the 1991 ADAAG, barring that the building has not gone through major reconstruction or alteration henceforth that date. The facility will also be required to comply with the applicable California Building Codes (CBC) at the time of construction.

If a facility was constructed or altered between the transition period of September 15, 2010 through March 15, 2012, an option of choosing either the 1991 ADA or 2010 ADA Standards were allowed.

Facilities built after March 15, 2012 are required to meet the updated 2010 ADA Standards as well as the California Building Code (CBC) at time of construction.

The caveat being that crucial program functions and services must be provided in accessible locations.

Compliance Date for New
Construction or Alterations Applicable Standards
Before September 15, 2010 1991 Standards or UFAS
On or after September 15, 2010, and before March 15,
2012 1991 Standards, UFAS, or 2010 Standards
On or after March 15, 2012 2010 Standards

City of Yorba Linda
13 OVERVIEW: ACCESS COMPLIANCE SURVEYS OF THE PUBLIC

RIGHTS-OF-WAY
Barden v. City of Sacramento, 292 F. 3d 1073 established that sidewalks and intersections constitute a service, program, or activity provided by a City, therefore they are subject to accessibility regulations and should be addressed as part of the City’s ADA Transition Plan.

Four different features provided in the PROW were surveyed, including sidewalks, curb ramps, and pedestrian signals. Curb ramps, pedestrian signals and bus stops were surveyed using a data collection checklist, based on Accessibility Standards in the California Building Standards Code (CBC), Americans with Disability Act (ADA), Manual on Uniform Traffic Control Devices (MUTCD) and US Department of Transportation (USDOT) requirements as well as Public Rights-of-Way Accessibility Guidelines (PROWAG) recommendations. Traditional measuring and smart-level equipment were used to collect measurements for these surveys. Sidewalks were surveyed using sidewalk profilers that were developed for the Federal Highway Administration (FHWA) and adapted for sidewalk ADA surveys. The device captures information on slopes, and surface variations and identifies deviations from the required ADA standards and other applicable requirements.

The access compliance surveys of the Public Rights-of-Way (PROW), along with the surveys of City owned and leased facilities, completely fulfill the first two requirements for an ADA Transition Plan. As a part of this effort, approximately 254 miles of sidewalk, 4,229 curb ramps, and 417 pedestrian signals were surveyed for access compliance and that the financial cost to mitigate all barriers identified in the surveys to be approximately $434 million.

Features Total Number
Surveyed
Number ADA
Compliant
Total Cost
Estimate ($)
Sidewalks 253.6 miles 81.5 miles $409,277,887
Curb Ramps 4,229 curb ramps 6 curb ramps $21,652,500
Pedestrian Signals 417 pedestrian
signals
0 pedestrian signals $3,100,890
TOTAL $434,031,277
The information obtained from the surveys of the PROW is maintained on a geographic information system (GIS) database.

Access Compliance Survey Reports are contained in Section II: Appendix.

SEE Appendix B: Access Compliance Survey Report of Sidewalks

City of Yorba Linda
14 SEE Appendix C: Access Compliance Survey Report of Curb Ramps SEE Appendix D: Access Compliance Survey Report of Pedestrian Signals Prioritization Criteria for Barrier Mitigation – Public Rights-of-Way The third requirement of an ADA Transition Plan is to create a schedule that the City shall follow which addresses the order in which barriers within each feature shall be mitigated.

This schedule shall be a public document and shall be made available for public inspection, maintained, and updated for the duration of the Transition Planning period.

The maintaining and updating of this document shall mark the City’s good-faith efforts in transitioning from a state of noncompliance to compliance regarding accessibility.

The difficulty and complexity of creating a schedule is recognized. Therefore, to provide a methodology for creating a schedule, like City owned and leased facilities, a prioritization criterion was formed, catered to the in-depth information that is provided utilizing GIS.

The relative importance of each barrier, according to its impact upon the disabled population was taken into account when developing the prioritization criteria for barrier mitigation.

Overall Prioritization Criteria according to programmatic functions:
 Importance of the program function
 Frequency of Use
 Program location and relation to other programmatic functions Since persons with disabilities utilize certain facilities with greater frequency than other facilities, the impact of barriers identified at those facilities was deemed to be greater.

Upon compilation of the survey results, prioritization criteria was determined for barriers identified in the survey and additional information was obtained to determine a final level of prioritization.

The general policy includes the continuous effort of providing connection to existing pedestrian facilities where sidewalk segments are missing.

Prioritization Criteria for PROW according to barrier location:
 Government Services
 City Attractors (City Owned/Leased Facilities)

City of Yorba Linda
15  Schools
 Parks
 Transit Stops/Centers
 Population Density
 Streets (Arterials, Collectors)
The prioritization criteria developed for the PROW rates the relative importance of each barrier based on a combination of rating the activity occurring at the barrier’s location, or “Activity Score”, as well as rating the severity from which each feature deviates from current State and Federal standards, or “Barrier Score”. Each score is rated on a scale of 0 to 100, with 0 being the lowest, and 100 being the highest.

The combination of both the “Activity Score” and “Barrier Score” creates an overall “Priority Score” that can be used to sort features identified in the surveys and create a schedule that orders barrier mitigation work starting from features of highest priority to features of lowest priority. The “Priority Score” is rated on a scale of 0 to 200, with 0 being the lowest priority, and 200 being the highest priority.

SEE Appendix E: Prioritization Criteria for Barrier Mitigation – Public Rights-of-Way

City of Yorba Linda
16 OFFICIAL(S) RESPONSIBLE
The ADA requires that an official be identified as responsible for the implementation of the Entity’s plan.

It is the US DOJ's view that compliance with 28 CFR 35.150(a), like compliance with the corresponding provisions of the section 504 regulations for public programs, would in most cases not result in undue financial and administrative burdens on a typical City. In determining undue financial and administrative burdens, all City resources available for use in the funding and operation of City services, programs and activities would need to be considered.

The burden of proving that compliance with paragraph (a) of 28 CFR 35.150 would either fundamentally alter the nature of a service, program, or activity OR would result in undue financial and administrative burdens rests with the City. The decision that compliance would result in such alteration and/or burden must be made by the head of the public entity or their designee and must be accompanied by a written statement of the reasons for reaching that conclusion.

While the US DOJ has acknowledged the difficulty/complexity of not only making such a determination, but also identifying the official responsible to make this decision/determination, the department's intention is clear in that the determination must be made by a high level official, no lower than a Department head, having budgetary authority and responsibility for making spending decisions.

The Official Responsible for the implementation should be able to seek/acquire funding for ADA barrier removal work over the City’s Transition Planning period. In most cities, it is the Manager of EEO/Disability Compliance who can effectively control the City’s budget line item – “ADA Transition Planning budget”. As such, the City of Yorba Linda will designate the Manager of EEO/Disability Compliance as the Official Responsible for the implementation of its ADA Transition Plan. They can be contacted as follows.

ADA/EEO Coordinator
David Albaugh
Administrative Services Director
4845 Casa Loma Ave.

Yorba Linda, CA 92807
Email: [email protected]

City of Yorba Linda
17 Fax: (714) 993-7530
Typically, the responsibility of making any particular City program, service or activity accessible to all persons, regardless of ability, rests with the official who controls the operating funds for that particular program, service or activity. To this end, the task of seeking/getting approval for funds from the governing body to make the said program accessible lies with the official responsible for the program.

Indication of the official(s) responsible for implementation of the plan fulfills the final requirement of a Transition Plan.

City of Yorba Linda
18 PUBLIC INPUT
Per 28 Code of Federal Regulations, Part 35; Subpart D – Program Accessibility; §35.150 – Existing Facilities; (d) Transition Plan (1): The City shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the ADA Self-Evaluation and Transition Plan by submitting comments.

In order to satisfy this requirement and to gain the perspective of persons with disabilities, a public vetting is to be conducted, where members of the public are invited to comment on the City’s Draft ADA Self-Evaluation & Transition Plan.

SEE Appendix G: Public Comments
SEE Appendix H: Playground Surface Certificate of Compliance

City of Yorba Linda
19 TRANSITION PLAN IMPLEMENTATION
The document should be maintained and updated for the duration of the Transition Planning period and a copy of the Transition Plan shall be made available for public inspection.

The final product is a working document to be modified as barriers are removed or alterations are made, open to modification throughout the transition period. The Official(s) responsible and project managers overseeing the barrier-removal projects will document all such ADA improvements/upgrades. Also, as part of this process, technical infeasibility, if any, to meet necessary accessibility compliance will be documented and filed for the City’s records by the Engineer-of-Record on the said project. It is also recommended to provide accessibility site audits (inspections) of on-going projects as part of the project close-out/certification. This documentation and verification of barrier-mitigation will be integrated into the City’s ADA Transition Plan on a regular basis to ensure that barriers are “checked-off” and the Plan is current with a record of barrier-mitigation work. Annual reports of barrier-mitigation work may also be provided to the City’s Board of Supervisors.

Maintenance of Accessible Features
The Maintenance of accessible features is mandated by State and Federal Regulations and is an integral part of the City’s plan to transition into a more accessible destination.

Both, Chapter 28 Code of Federal Regulation, Part 35, Section 35.133 as well as the California Building Code section 1101B.3 – Maintenance of accessible features, state:

1. A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be accessible to and usable by persons with disabilities.

2. This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.

Both these sections provide that a public entity shall maintain in operable working condition those features of the Public Rights-of-Way that are required to be accessible to and usable by persons with disabilities. They require that, to the maximum extent feasible, Public Rights-of-Way must be accessible to, and usable by, individuals with disabilities.

These sections recognize that it is not sufficient to provide features such as accessible routes, ramps, or curb ramps, if those features are not maintained in a manner that enables individuals with disabilities to use them. Excessive slopes on curb ramps, are neither "accessible to" nor "usable by" individuals with disabilities.

It is, of course, impossible to guarantee that mechanical devices will never fail to operate.

As such, the 2nd paragraph provides that this section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs. This

City of Yorba Linda
20 paragraph is intended to clarify that temporary obstructions or isolated instances of mechanical failure would not be considered violations of the ADA or this part. However, allowing obstructions or "out of service" equipment to persist beyond a reasonable period of time would violate this part, as would repeated mechanical failures due to improper or inadequate maintenance. Failure of the public entity to arrange prompt repair of curb ramps or other equipment intended to provide access would also violate this part.

A City-wide formal policy specifically addressing the legal requirements (28CFR Part

35.133 & CBC1101B.3) of maintaining accessible features would be of long-term benefit to the City. When, over time, an accessible feature fails, institutionalizing organizational commitments towards protocols and maintenance ensures an appropriate action is taken.

Implementation Policies
The City proposes the following implementation policies for transition of its facilities and public rights-of-way into compliance with the ADA.

1. The City will appropriate funding for the mitigation of barriers identified in this Transition Plan on a yearly basis unless financially imprudent to do so.

2. The City will continue to seek out sources of funding beyond the accounts specified at present, including funds associated with the City’s Capital Improvement Project funds.

3. The Director of Public Works/City Engineer has the authority to grant exceptions for “unreasonable hardship” under the California Building Code, Definitions. The section on “unreasonable hardship” includes five factors to be considered:

1. The cost of providing access.

2. The cost of all construction contemplated.

3. The impact of proposed improvements on financial feasibility of the project.

4. The nature of the accessibility which would be gained or lost.

5. The nature of the use of the facility under construction and its availability to persons with disabilities.

Recommendations:

1. City to identify yearly funding for ADA specific mitigation.

2. City to continue to engage CASp certified professionals during design and construction process of City owned facilities.

3. City to investigate reasonable accommodations through City Programs.

4. City to continue surveying future additional facilities on a rolling process.

City of Yorba Linda
21 5. City to continue to track and monitor implementation progress on the ADA Workplan

NOTICE OF COMPLIANCE UNDER ADA & CALIFORNIA STATE LAW
In accordance with the requirements of Title II of the Americans with Disabilities Act (ADA) of 1990, the Americans with Disabilities Amendments Act of 2008, the Fair Employment & Housing Act (FEHA), California Government Code Section 11135 and other applicable codes, the City does not discriminate against individuals on the basis of disability in its services, programs or activities.

Employment: The City does not discriminate on the basis of disability in its hiring or employment practices and will comply with the Fair Employment and Housing Act, as well as Title I of the ADA, including the regulations promulgated by the U.S. Equal Employment Opportunity Commission (EEOC), including the requirement to provide reasonable accommodations.

Effective Communication: The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified person(s) with disabilities, including sign language interpreters, documents in Braille and other alternate formats to ensure information and communication is accessible to people who have speech, hearing, vision, or cognitive impairments so they can participate equally in the programs, services and activities.

Modification to Policies and Procedures: The City will make reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to participate in all of its programs, services and activities. For example, individuals with service animals behaving within applicable standards are welcome in offices and City facilities, even when pets are generally prohibited.

Anyone who requires auxiliary aids and services for effective communication, or a modification of policies or procedures to participate in a program, service or activity in the City should communicate with the responsible Department contact as soon as possible, but no later than 48 hours before the scheduled event.

Neither the ADA, nor State law requires the City to take action that would fundamentally alter the nature of its programs, activities or services or impose an undue financial or administrative burden. Complaints that a program, activity or service of the City is not accessible should be directed to the ADA Coordinator:

ADA/EEO Coordinator
David Albaugh
Administrative Services Director

City of Yorba Linda
22 4845 Casa Loma Ave.

Yorba Linda, CA 92807
Email: [email protected]
Fax: (714) 993-7530
The City does not place a surcharge on a particular individual with a disability or a group of individuals with disabilities to cover the cost of providing auxiliary aids and services or making a reasonable modification to a policy to create access.

City of Yorba Linda
23 ADA GRIEVANCE PROCEDURE
City of Yorba Linda ADA Grievance Procedure
Grievance Procedure under ADA and California State Disability Rights Laws This grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (“ADA”), the Americans with Disabilities Amendments Act (ADAAA) and California State law. It may be used by anyone wishing to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs or benefits by the City of Yorba Linda. The City’s Disability Discrimination Policy governs employment-related complaints of disability discrimination.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of the complainant and location, date and a description of the problem(s). Alternative means of filing a complaint, such as personal interviews or tape recording the complaint, are available to people with disabilities upon request.

The complaint should be submitted by the grievant and/or their designee as soon as possible, but no later than 60 calendar days after the alleged violation to:

ADA/EEO Coordinator
David Albaugh
Administrative Services Director
4845 Casa Loma Ave.

Yorba Linda, CA 92807
Email: [email protected]
Fax: (714) 993-7530
Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his/her designee will schedule a meeting with the complainant to discuss the complaint and possible resolutions. After an investigation and review the ADA Coordinator will respond in writing, and, where appropriate, in a format accessible to the complainant. The response will explain the City position on the issue and offer options for substantive resolution of the complaint.

City of Yorba Linda
24 If the response by the ADA Coordinator does not satisfactorily resolve the issue, the complainant and/or their designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager.

After receiving the appeal, the City Director or their designee will review the appeal and the ADA Coordinator finding. Within a reasonable period, after a review, the City Director or their designee will respond in writing, and, where appropriate in a format that is accessible to the complainant, with a final resolution to the complaint.

All written complaints received by the Director of Public Works or their designee, appeals to the City or their designee, and responses from these two offices will be retained by the City for at least three years.

The Americans with Disabilities Act
Self-Evaluation Report for the
City of Yorba Linda
Report Prepared by:

Sally Swanson Architects, Inc.

Tina Dorius, Esq., ADA Policy Specialist

1 Table of Contents
City of Yorba Linda
Table of Contents 1
I. PROJECT OVERVIEW 3
A. Acknowledgments 3
B. Introduction 3
C. Background Information Regarding the Americans with Disabilities Act and California State Law 5

1. Purpose of the Americans with Disabilities Act 5

2. Overview of Disability Civil Rights Laws Impacting the City 5

3. ADA Self-Evaluation Requirements 6

4. Who is a Qualified Person with a Disability? 6
D. Scope of the Self-Evaluation 7
E. Self-Evaluation Method of Review 8
F. ADA Transition Plan Requirements 8
G. How This Report is Organized & To Be Utilized 9
II. SURVEY RECOMMENDATIONS 10
A. Printed Communications: Recommendations 10
B. Communication with People Who Are Deaf or Hard of Hearing: Recommendations 10 C. Software and Digital Communication: Recommendations 11 D. Staff & Employees: Recommendations 12
E. Purchasing, Contracts, Vendors: Recommendations 14
F. General Purchases: Recommendations 15
G. Construction & Remodels: Recommendations 16
H. Facilities & Real Estate Management: Recommendations 17 I. Planning, Construction & Buildings: Recommendations 18 J. Capital Projects: Recommendations 18
K. Fleet Services: Recommendations 19
L. Public Meetings: Recommendations 19
M. Emergency Procedures: Recommendations 20
N. Records: Recommendations 20
O. Other: Recommendations 21

2 Department-Specific Accessibility Survey Responses 21 P. Police: Recommendations 22
Q. Information Technology: Recommendations 22
R. Recreation Division: Recommendations 22
S. Administrative Department || Voting: Recommendations 23 T. City Attorney: Recommendations 24
U. Requested Trainings 24
Vetting of Self-Evaluation Results 25
Staff Who Contributed to this ADA Self-Evaluation 26
Work Plan for the Self-Evaluation Implementation 27
APPENDICES 28
Appendix A: 28 CFR 35.105 Self-Evaluation. 28
Appendix B: California Government code section 11135 29 Appendix C: California Government Code Section 12926 30 Appendix D: Sample Notice of Compliance 39
Appendix E: Sample ADA Notice Dissemination PLan 41
Appendix F: Grievance Procedure under ADA or California State Disability Civil Rights Laws 42 Appendix G: ADA Grievance Form 43
Appendix H: Contact Information for the City of Yorba Linda ADA Coordinator 45 Appendix I - Surveys 46
Printed Communications 46
Communication With People Who are Deaf or Hard of Hearing (DHH) 46 Software & Digital Communication 48
Staff & Employees 49
Information Technology 52
Purchasing, Contracts, Vendors 52
Construction and Remodels 53
General Purchases 53
Facilities and Real Estate Management 54
Planning, Construction, Buildings 55
Capital Projects 56
Fleet Services 56

3 Public Meetings 57
Emergency Procedures 60
Records 61
Voting 62
Voter Information 62
Voter Registration 62
Polling Places & Poll Workers 62
Reasonable Accommodation 64
City Counsel / City Attorney 64
Other 65
Appendix J: Documents appended to survey responses 68
Appendix K: Glossary of Terms and Basic information 69
I. PROJECT OVERVIEW
A. Acknowledgments
Sally Swanson Architects, Inc., (SSA), would like to thank Rick Yee, Assistant City Engineer, Engineering Division, and all Departmental Survey Respondents. Without Mr.

Yee’s coordination and the individual Departmental contribution, this project would not have been possible.

B. Introduction
Yorba Linda is a suburban city in northeastern Orange County, California, United States, approximately 37 miles (60 km) southeast of Downtown Los Angeles. Known as

4 the “Land of Gracious Living”, Yorba Linda is a city with a strong sense of community and small-town character. The “Yorba Linda” name originated from Jose Yorba, a member of a Spanish expedition. Today, Yorba Linda comprises 20 square miles, remains a suburban community characterized by mostly residential family neighborhoods, key commercial centers, parklands and open space, multi-use trails, and important historic resources. Recognized as one of the “100 Best Places to Live” in the United States, Yorba Linda continues to uphold its shared values of responsible growth, preservation of existing neighborhood character, and conservation of natural resources.

The Americans with Disabilities Act (ADA) Title II mandates that covered entities, such as the City of Yorba Linda, conduct a Self-Evaluation, create a Transition Plan, appoint an ADA Coordinator, and develop a Grievance Procedure and an ADA Notice of Compliance. To meet this obligation, and to create a path forward toward total accessibility, the City has contracted with Sally Swanson Architects, Inc. (SSA) to assist with meeting (ADA) Title II mandates.

This document presents only the ADA Self-Evaluation. This evaluation provides a comprehensive report outlining a review of the City’s programs, services, and activities.

Analysis identifying programmatic and administrative barriers to programs and are contained herein.1 Results of the surveys are available upon request. 1 The City of Yorba Linda’s Transition Plan, focused on physical barriers to access, is also a part of this project and provided as a separate document.

5 C. Background Information Regarding the Americans with Disabilities Act and California State Law

1. Purpose of the Americans with Disabilities Act
Passed in 1990, the Americans with Disabilities Act (ADA) is one of the most comprehensive civil rights laws in the nation. It provides protection to an estimated 57 million Americans in: employment (Title I); receipt of programs, services, and activities from State and local government (Title II); the receipt of goods and services from private businesses (Title III); and telecommunications (Title IV). In 2008, the Americans with Disabilities Act Amendment Act (ADAAA) was passed. The ADAAA gives guidance to the courts regarding who has standing under ADA. The result has been an increasing number of people who are now able to bring ADA claims in Federal Court.

2. Overview of Disability Civil Rights Laws Impacting the City The City of Yorba Linda is covered by the ADA Title II, ADAAA of 2008, the Rehabilitation Act of 1973, and California Government Codes 11135 and 12926. All contractual activities are also covered by California Government Code 4450. Employment programs are covered by the ADA (Title I), the ADAAA and California Government Code 12926. Construction activities are covered by California Code 4450. When comparing State and Federal law 28 CFR 35.103, it is mandated that the most stringent law be applied to create the maximum amount of access for people with disabilities. Thus, the most stringent standards were applied to the evaluation reported in this document.

6 3. ADA Self-Evaluation Requirements
Required by 28 CFR 35.105, the ADA Self-Evaluation is a complete examination of all programs, services and activities provided by the City, to ensure that, when viewed in their entirety, they are readily accessible to qualified people with disabilities. The purpose of the ADA Self-Evaluation is to identify areas where changes are needed to ensure access is in place for people with disabilities.

4. Who is a Qualified Person with a Disability?
To be qualified as a person with disabilities for the purposes of this Self-Evaluation, an individual must have a disability as defined below and must be qualified to participate in the programs, services, or activities of the City.

Under California Government Code 11135, the ADA was incorporated into State law and therefore the ADA issues raised in this Report are both State and Federal issues.

In California Government Code 12926, the definition of mental and physical disability was broadened beyond the ADAAA. Summarized as follows:

1. A person having a physical or mental disability that limits a major life activity. This person is considered as having unmitigated status (i.e., how the individual in question would function without the use of medication or devices that may mitigate the impact of the disability). If there is a limitation to a major life activity in this statute, coverage is established;

2. A person with a history of a disability as described above;

3. A person is regarded as having a disability, such as described.

7 California State law also provides protection to cancer survivors, people who have a genetic predisposition to illnesses or disabilities or people who have received services within a special education program.

D. Scope of the Self-Evaluation
The Self-Evaluation is intended as a review of the programs, services and activities provided by the City. The US Department of Justice (DOJ) within the ADA Title II, Technical Assistance Manual (TAM) (Section II-8.2000) recommends a scope of review for Self-Evaluations, which contains thirteen program areas which were considered for use in the development of this report. Areas considered include:
● The Transition Plan (physical access to certain City facilities); ● Policies that may limit or exclude the participation of people with disabilities; ● Communication systems used by the City;
● Provision of auxiliary aids and services to people who are engaged in the City’s programs, services or activities;
● Access to emergency management for people with disabilities; ● Disability awareness among City staff;
● Policies addressing policy modification requests and the determination of fundamental alteration of programs;
● Access to public meetings;
● Human Resources programs and policies;
● Construction policies;
● City staff training and support;

8 ● ADA-related drug policies.

E. Self-Evaluation Method of Review
The ADA mandates that a Self-Evaluation review all programs, services and activities of the covered entity. The Self-Evaluation of the City’s programs, services, and activities required and involved the participation of every City Department. In conjunction with the City’s internal Project Manager, SSA developed targeted accessibility surveys.

Each Department was assigned relevant surveys based on their programs, services, and activities. Departments were instructed to complete a survey for different departments if they were sufficiently separate and unique. Copies of the surveys are included in the Appendix to this report, and survey responses and corresponding attachments are available upon request.

F. ADA Transition Plan Requirements
The ADA Transition Plan is required by 28 CFR 35.150 (d). An ADA Transition Plan must include the following components:

1. A list of all physical barriers in sites at which the City provides programs, services or activities;

2. A statement regarding the method to be used to mitigate the barriers;

3. A schedule for barrier mitigation;

4. The name of the official who is responsible for the ADA Transition Plan administration.

The ADA Transition Plan will be contained in a separate report.

9 G. How This Report is Organized & To Be Utilized
The City of Yorba Linda is committed not only to compliance with federal and state laws regarding disability and access but strives to be a model of accessibility and reasonable accommodations best practices. Accordingly, this Report is organized into two sections: (1) findings and recommendations for City-wide implementation; and (2) findings and recommendations on a Department-by-Department basis. Depending on survey responses, not all Department-specific sections will include recommendations.

This Report is intended to be a summary – not full recitation – of survey results.

Each section begins with an overview of recommendations indicated with bullet points and segues into a breakdown of survey summaries providing the basis for those recommendations.

By organizing it this way, the City can easily access the information it needs and use this Report to sharpen its focus on providing the best possible service to its constituents with disabilities and become a model of best practices.

10 II. SURVEY RECOMMENDATIONS
A. Printed Communications: Recommendations
The ADA requires that the City provide print materials in formats accessible to persons who may be blind or have a vision impairment so as not to discriminate against people with disabilities. For an overview of responses to this survey section please see Appendix L.

Recommendations
❏ Ensure that all City printed publications and notices inform readers that the publications are available in alternative formats, if needed, for persons with disabilities.
❏ Ensure that all City printed publications use an accessible font. Continue to ensure that they do not portray people with disabilities in a demeaning or offensive way.2 ❏ Incorporate “person-first” language guidelines into Style Guide to ensure all publications and correspondence are appropriate.

B. Communication with People Who Are Deaf or Hard of
Hearing: Recommendations
The ADA requires that the City ensure that all its programs, services and activities can be fully accessed and enjoyed by people who may be Deaf or hard of hearing. This 2 See, e.g. https://www.zaginteractive.com/insights/february-2020/making-your-printed-materials-adaaccessible; https://perma.cc/JN75-2WDQ

11 may require, in some instances, provision of American Sign Language interpreters, captioning on videos, and provision of auxiliary aids.3 For an overview of responses to this survey section please see Appendix M.

Recommendations
❏ Update the City website to indicate “711 the California Relay” and check to ensure that phone lines are accessible to people who are Deaf or hard of hearing. ❏ Request that your TTY phone be tested to ensure functionality, and make sure that the public is informed of their option to utilize this accessible means of communication.
❏ Ensure that there is an identified local resource that can provide auxiliary aids for communication as needed and that all Departments are aware of this resource. ❏ Ensure that all Departments are informed of resources available to caption videos. ❏ For events utilizing a Public Information Officer (PIO), implement policy to ensure that Departments have an American Sign Language interpreter visible and within the screenshot if television cameras are in use, and that captioning services are used as a matter of course.
❏ Ensure that any Public Address systems are accessible to persons who are Deaf or hard of hearing.

C. Software and Digital Communication: Recommendations
3 See, e.g. https://www.ada.gov/taman2.html#II-7.0000

12 Although the ADA precedes the age of most digital communications and platforms, numerous judicial decisions have held that digital communications and platforms must be made accessible to people with disabilities so as not to discriminate against this class of persons. For an overview of responses to this survey section please see Appendix N.

Recommendations
❏ Provide staff training on Web Content Accessibility Guidelines (WCAG) 2.1 AA. 4 ❏ Incorporate WCAG 2.1 AA into Style Guide and ensure ongoing WCAG 2.1 AA compliance.
❏ Implement City policy to ensure that accessibility is considered when purchasing software or any vendor digital services.
❏ Ensure that electronic/digital accessibility is integrated into all formats for which your office is responsible, including, e.g., web-based forms, touch-screen systems, computers, electronic devices.
❏ Establish and implement policy that all future and frequently used electronic documents (e.g. PDFs, Word Documents, and photographs) are accessible to people with disabilities and/or are available in alternative, accessible formats.

D. Staff & Employees: Recommendations
The ADA requires that people with disabilities are not discriminated against in hiring and/or the course of employment because of a disability.5 For an overview of responses to this survey section please see Appendix O. 4 Tips on Creating Accessible Web-Based Forms https://www.washington.edu/accesscomputing/how-cani-develop-accessible-web-based-forms 5 See, e.g. https://www.ada.gov/taman2.html#II-4.1000.

13 Recommendations
❏ Consider partnering with local disability rights groups and organizations to affirmatively notify and recruit persons with disabilities to available roles.6 ❏ Establish practices to ensure that all job listings are accessible. ❏ Ensure that all job listings contain a statement regarding non-discrimination against persons with disabilities.
❏ Consider implementing regular methods to offer Staff and Employees an opportunity to self-identify as a person with a disability. ❏ Look into whether your Department or Division consistently offers candidates for employment the opportunity to request reasonable accommodation for interviewing (and confirm that you do).
❏ Ensure that your office’s interview panel members are trained regarding disability awareness and appropriate interactions with people with disabilities. ❏ Affirm with all responsible decision-makers that the decision to hire is always based upon which candidate is best qualified to perform the essential functions of the job - with or without reasonable accommodations.
❏ Develop a uniform process for determining the essential functions of a position. ❏ Create and implement a process to approve reasonable modifications (i.e. modifications used to create access).
❏ Ensure that all Departments have an easily ascertainable policy against disability harassment, as well as a grievance system that offers assistance to people with 6 E.g. Abilities Job Fair (https://www.abilities.com/community/job-fair.html), Respectability (https://www.respectability.org/resources/job-seekers-disabilities/); DAV (https://www.dav.org/veterans/employment-resources/).

14 disabilities who, due to their disability, are not able to independently complete the grievance.
❏ Ensure that the City has a current and easily ascertainable policy regarding service and/or support animals for its employees (and the public).

E. Purchasing, Contracts, Vendors: Recommendations
The City should ensure that people with disabilities are not precluded from participating in the contractual bidding process, that contractors are required to comply with disability-related rules and regulations, and that services and products procured are equally available and accessible to persons with disabilities.7 For an overview of responses to this survey section please see Appendix P.

Recommendations
❏ Create and implement City policy to ensure that accessibility is considered when purchasing new equipment.
❏ Ensure that documents related to bidding and contracting are uniformly (i.e. across Departments) accessible and available in alternative formats. ❏ Ensure that meetings related to bidding and contracting are uniformly (i.e. across Departments) held in accessible locations.
❏ Ensure that contractual language is uniformly (i.e. across Departments) in place holding contractors and vendors to applicable State and Federal disability civil rights mandates.
7 See, e.g. https://www.ada.gov/taman2.html#II-3.7100.

15 ❏ Ensure that there is City policy reviewing whether all products and services offered by third parties and vendors are accessible.
❏ Create and implement City policy to ensure that accessibility plan checks are performed when vendors conduct tenant improvements in public service areas. ❏ Develop and offer guidance for staff and vendors regarding clear space and furniture placement.
❏ Inform all Departments as to what steps an employee or member of the public with a disability has available if they believe they have been discriminated against by a City vendor or contractor.

F. General Purchases: Recommendations
Generally, items purchased for use in the delivery of a Title II entity’s programs, services or activities should be accessible and available for use by persons with disabilities or be capable of modification to ensure access. For an overview of responses to this survey section please see Appendix Q.

Recommendations
❏ Establish a uniform process for ensuring accessibility of items - including furniture and items with operational parts - purchased for installation. ❏ Develop practices to ensure that your physical office space set up is accessible, e.g. clear floor space, and provide guidance to any staff who may have responsibility for maintaining these areas.

16 G. Construction & Remodels: Recommendations
The 2010 ADA Standards for Accessible Design set minimum requirements – both scoping and technical – for newly designed and constructed or altered public accommodations to be readily accessible to and usable by individuals with disabilities.8 For an overview of responses to this survey section please see Appendix R. 8 See, e.g. https://www.ada.gov/taman2.html#II-6.0000

17 Recommendations
❏ Establish a uniform process to ensure that design contracts hold design professionals to designs that use, at a minimum, the most stringent access standards in effect at the time of the project.
❏ Consider adding language to design contracts that encourages design professionals to exceed the maximum access standards, when possible, to ensure that construction tolerances are built into the project. ❏ Consider creating and implementing a policy mandating CASp inspections at key points of construction and at completion before final payment. ❏ Consider creating and implementing policy requiring major public projects to be reviewed by stakeholders with disabilities during the planning stage.

H. Facilities & Real Estate Management: Recommendations Facilities and real estate under the control of the City should be maintained in a way to ensure access to all locations and features by people with disabilities.9 For an overview of responses to this survey section please see Appendix S.

Recommendations
❏ Review to determine whether there is a policy ensuring proper maintenance of accessible features10, including during construction and, if not, establish and implement such a policy.
9 See https://www.ada.gov/taman2.html#II-3.10000 and https://www.ada.gov/taman2.html#II-5.0000 10 See, e.g. U.S. Access Board: Clear Floor or Ground Space & Turning Space https://www.access-board.gov/ada/guides/chapter-3-clear-floor-or-ground-space-and-turning-space/

18 I. Planning, Construction & Buildings: Recommendations Generally, all facilities designed, constructed, or altered by, on behalf of, or for the use of a public entity must be readily accessible and usable by individuals with disabilities, if the construction or alteration is begun after January 26, 1992. Additionally, there must be a grievance process available to the public for any alleged failures to comply with this requirement.11 For an overview of responses to this survey section please see Appendix T.

Recommendations
❏ Where applicable, develop an accessibility checklist or accessibility protocols (e.g. current accessibility practices) for use on all projects and assign a staff person to ensure compliance with this checklist.
❏ Review the City’s website to make sure that any complaint or grievance process is readily ascertainable and accessible.

J. Capital Projects: Recommendations
For an overview of responses to this survey section please see Appendix U.

Recommendations
❏ Similar to the recommendation in the “Planning, Construction & Building” section of this report, develop an accessibility checklist or accessibility protocols (e.g. current accessibility practices) for use on all Capital projects and assign a staff person to ensure compliance with this checklist.
11 See, e.g. https://www.ada.gov/taman2.html#II-8.5000

19 K. Fleet Services: Recommendations
If the City provides Fleet Services as any part of its programs, services, and activities, it should ensure that these are equally available and accessible to persons with disabilities to avoid discriminating against those persons. For an overview of responses to this survey section please see Appendix V.

Recommendations
❏ Based on survey responses, there are no recommendations at this time.

L. Public Meetings: Recommendations
The ADA requires that the City ensure equal access to participation in public meetings and events.12 For an overview of responses to this survey section please see Appendix W.

Recommendations
❏ Create and implement an events accessibility checklist for all Departments that hold public meetings which addresses, at a minimum, the items included within this portion of the Self-Evaluation survey.13
12 See, e.g. https://www.ada.gov/taman2.html#II-3.3000
13 See, e.g. Planning Accessible Meeting and Events Toolkit

20 M. Emergency Procedures: Recommendations
Generally, emergency plans and procedures should account for people with disabilities to ensure their safety and care during emergency situations. For an overview of responses to this survey section please see Appendix X.

Recommendations
❏ Ensure that all Departments have procedures in place regarding the evacuation of persons with disabilities.14
❏ Determine whether there is a Building Safety Plan for the buildings where your department operates.
❏ Ensure that all Staff and employees are aware of your Building Safety Plan, evacuation procedures for persons with disabilities, and designated waiting areas are within your building for disabled people to wait for rescue by first responders. ❏ Offer your Staff and employees training on best practice to evacuate people with disabilities.15
N. Records: Recommendations
Processes should be in place to ensure that all City records can be accessed by persons with disabilities, including but not limited to people who are blind or visionimpaired, Deaf, or hard of hearing, and/or mobility-impaired. For an overview of responses to this survey section please see Appendix Y.

Recommendations
14 See, e.g. ADA.gov, ADA Best Practices Tool Kit for State and Local Governments. Title II Checklist (Emergency Management) https://www.ada.gov/pcatoolkit/chap7emergencymgmtadd1.htm 15 See, e.g. FEMA/American Red Cross: Preparing for Disaster for People with Disabilities and other Special Needs https://oes.ucsc.edu/emergency-preparedness/procedures/arcdisasterprep.pdf

21 ❏ Develop and implement protocols to ensure the uniform accessibility of City records to persons with disabilities.

O. Other: Recommendations
For an overview of responses to this survey section please see Appendix Z.

Recommendations
❏ Ensure that all Departments have ADA Notices of Compliance posted. ❏ Ensure that all Departments have policies regarding service and/or emotional support animals for their employees and/or the public.
❏ Ensure that all Departments that offer printed informational brochures to the public, and all Departments that issue any sort of fine or citation, have those available in large print format, and are able to provide alternative formats upon request. ❏ Ensure that IT is trained and able to determine whether any automation initiatives (e.g. web and mobile applications) that interface with the public, meet current digital accessibility guidelines.
❏ Ensure that all Departments have a policy in place that prohibits discrimination against people who formerly used drugs illegally and have been through a rehabilitation program.

Department-Specific Accessibility Survey Responses
The following section addresses survey responses, not already addressed, on a Department-by-Department basis. City leadership has indicated that Departmental

22 leadership has committed and expressed willingness to improve the City’s policies, practices, and procedures to ensure compliance with its disability-related obligations.

P. Police: Recommendations
The City of Yorba Linda contracts with the Orange County Sheriff's Department for Police Services. The Sheriff's Department is responsible for providing for the protection of citizens, the enforcement of laws, apprehension of criminals, and crime prevention.

Because the Orange County Sheriff’s Department qualifies as a Title II entity under the ADA, that Department is independently responsible for ensuring their compliance with the ADA and the programmatic access set forth in ADA’s Technical Assistance Manual.

Recommendations
❏ Based on the above, there are no recommendations for this section.

Q. Information Technology: Recommendations
Recommendations
❏ All recommendations regarding digital and web access have been incorporated into other sections in this report.

R. Recreation Division: Recommendations
For an overview of responses to this survey section please see Appendix AA.

Recommendations

23 ❏ Evaluate existing equipment utilized in Division events to determine whether the purchase of adaptive equipment would facilitate full and equal participation in those events by people with disabilities.
❏ Evaluate classes and programs to determine how these may be consistently made accessible to people with disabilities.

S. Administrative Department || Voting: Recommendations For an overview of responses to this survey section please see Appendix BB.

Recommendations
❏ Ensure that the City Clerk's TTY number for communicating voter registration and related information is advertised to elderly voters and voters with disabilities.

24 T. City Attorney: Recommendations
For an overview of responses to this survey section please see Appendix DD.

Recommendations
❏ Consider developing and regularly providing training to City Departments, Divisions and Offices regarding the ADA and other applicable disability-related civil rights laws and regulations.

U. Requested Trainings
Survey respondents indicated that they would find the following trainings regarding disability issues to be helpful:
● Website accessibility, captioning for videos, WCAG specs, training for using "people first" language, design for printed/physical materials. ● We can always use CASp training.
● We could all benefit from training so we're all aware of ADA options and build awareness, regardless of department.
● Generally to make staff aware of all the accessibility requirements. ● In all areas to be compliant with Federal, State, any other regulations to be responsive to the needs of the public and staff.
● Training would be beneficial for all areas identified in this survey.

25 ● Preparing notices and General purchasing, public meetings, records, emergency procedures, purchasing contracts vendors, print communications and communication with people who are deaf or hard of hearing. ● All of it whether it is new or refresher. Publication and alternatives, auxiliary aids, video captions, web-based forms, email attachments, modification requests, etc.

Vetting of Self-Evaluation Results
The City of Yorba Linda is committed to the vetting of these results with stakeholders as required by law and developing an implementation plan designed to implement necessary changes and track good-faith compliance efforts.

Vetting Activity
Report Concerning the Self-Evaluation Vetting
Input Received During Vetting
Response to Input during Vetting:

Document available for public review via City's website at www.yorbalindaca.gov Public Comment period October 17, 2023 thru November 17, 2023. Notifice to public via City E-newsletter, social media, website, postings, and Yorba Linda City Council Meeting.

26 Persons Involved in Vetting:

Use of This Self-Evaluation as a Living Document
The ADA requires that a Self-Evaluation be conducted once. Many entities, including the City of Yorba Linda, recognize the value of using this document on an ongoing basis. As such, it is available to incorporate new policies as needed in response to emerging issues in case law, new regulations, or the development of, and/or modification of the City’s programs. Thus, an addendum to this report can be added as needed to document the City’s good-faith effort to make the changes necessary to ensure appropriate access for the public, employees, and visitors to the City of Yorba Linda.

Staff Who Contributed to this ADA Self-Evaluation
● Administration Department: Geoff Spencer
● Building Division: Jim Sowers
● City Attorney: Todd Litfin
● City Clerk: Carolina Torres
● City Manager’s Office: Geoff Spencer
● Community Development Department: Arlene Laviera
● Community Preservation Division: Mary Lewis
● Economic Development: Pamela Stoker
● Engineering Division: Rick Yee
● Facilities Division: Brad Skeene
● Finance: Sophia Leung
● Landscape Maintenance Division: Jesse Gutierrez
● Library: Carrie Lixey
● Operations Maintenance: Armando Jaime
● Parks Division: Brad Skeene
● Public Works Department: Monse Garcia
● Recreation Division: Jeff Ruth

27 ● Traffic & Transportation Division: Tony Wang
● Parks & Recreation: Mike Kudron
● Planning Division: Nate Farnsworth
● Police: Deputy Amie Giusiana
● Stormwater Division: Jevee Tagaro
Work Plan for the Self-Evaluation Implementation
The City of Yorba Linda’s ADA Self-Evaluation Work Plan is contained in a spreadsheet designed to be modified as progress is made. It may also be modified when work is necessary that is not identified within the body of this Report. Such instances may occur pursuant to new regulations or case law developments.

The first column will contain a series of recommendations that come from interaction with the City of Yorba Linda officials. These are entitled "General Recommendations". The second column is "Action Taken by the City”. This column is designed to record whether the City has accepted the recommendation, modified, or rejected it. If the recommendation is rejected or modified it would be advisable to record the rationale for this action in the "notes" section, which is the seventh column to the right. Columns titled "Staff Assigned," “Due Dates,” "Reviewed by,” and “Date” are designed to record progress in the implementation of the ADA Self-Evaluation.

Many of the recommendations are clustered by subject and can be addressed with one staff assignment. Occasionally, there will be one recommended action that addresses several issues noted within the report. For example, disability awareness training benefits the City’s operation in several areas which are noted by findings. The provision of the training, therefore, addresses a wide variety of issues.

It is very important that the date on the work plan be updated each time an entry is made.

28 APPENDICES
Appendix A: 28 CFR 35.105 Self-Evaluation.
28 CFR 35.105 Self-Evaluation.
● (a) A public entity shall, within one year of the effective date of this part, evaluate its current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of this part and, to the extent modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications. ● (b) A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the Self-Evaluation process by submitting comments.
● (c) A public entity that employs 50 or more persons shall, for at least three years following completion of the Self-Evaluation, maintain on file and make available for public inspection:
o (1) A list of the interested persons consulted;
o (2) A description of areas examined, and any problems identified; and
o (3) A description of any modifications made.
● (d) If a public entity has already complied with the Self-Evaluation requirement of a regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this section shall apply only to those policies and practices that were not included in the previous Self-Evaluation.

29 Appendix B: California Government code section 11135 California Government code section 11135
11135. (a) No person in the State of California shall, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. Notwithstanding Section 11000, this section applies to the California State University.
(b) With respect to discrimination on the basis of disability, programs and activities subject to subdivision (a) shall meet the protections and prohibitions contained in Section 202 of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof, except that if the laws of this state prescribe stronger protections and prohibitions, the programs and activities subject to subdivision (a) shall be subject to the stronger protections and prohibitions. (c) (1) As used in this section, "disability" means any mental or physical disability, as defined in Section 12926.

30 Appendix C: California Government Code Section 12926 California Government Code Section 12926
Cal Gov Code § 12926 (2010)
§ 12926. Definitions regarding unlawful practices
As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context:
(a) "Affirmative relief" or "prospective relief" includes the authority to order reinstatement of an employee, awards of backpay, reimbursement of out-of-pocket expenses, hiring, transfers, reassignments, grants of tenure, promotions, cease and desist orders, posting of notices, training of personnel, testing, expunging of records, reporting of records, and any other similar relief that is intended to correct unlawful practices under this part.
(b) "Age" refers to the chronological age of any individual who has reached his or her 40th birthday.
(c) "Employee" does not include any individual employed by his or her parents, spouse, or child, or any individual employed under a special license in a nonprofit sheltered workshop or rehabilitation facility.
(d) "Employer" includes any person regularly employing five or more persons, or any person acting as an agent of an employer, directly or indirectly, the state or any political or civil subdivision of the state, and cities, except as follows:
"Employer" does not include a religious association or corporation not organized for private profit.
(e) "Employment agency" includes any person undertaking for compensation to procure employees or opportunities to work.
(f) "Essential functions" means the fundamental job duties of the employment position the individual with a disability holds or desires. "Essential functions" does not include the marginal functions of the position.
(1) A job function may be considered essential for any of several reasons, including, but not limited to, any one or more of the following:

31 (A) The function may be essential because the reason the position exists is to perform that function.
(B) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed. (C) The function may be highly specialized, so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function. (2) Evidence of whether a particular function is essential includes, but is not limited to, the following:
(A) The employer's judgment as to which functions are essential. (B) Written job descriptions prepared before advertising or interviewing applicants for the job.
(C) The amount of time spent on the job performing the function. (D) The consequences of not requiring the incumbent to perform the function. (E) The terms of a collective bargaining agreement.
(F) The work experiences of past incumbents in the job. (G) The current work experience of incumbents in similar jobs. (g) "Labor organization" includes any organization that exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection.
(h) "Medical condition" means either of the following:
(1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer.
(2) Genetic characteristics. For purposes of this section, "genetic characteristics" means either of the following:
(A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or his or her offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder.

32 (B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or his or her offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder.
(i) "Mental disability" includes, but is not limited to, all of the following:
(1) Having any mental or psychological disorder or condition, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity. For purposes of this section:
(A) "Limits" shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity.
(B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult. (C) "Major life activities" shall be broadly construed and shall include physical, mental, and social activities and working.
(2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services. (3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part.
(4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2).
"Mental disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. (j) "On the bases enumerated in this part" means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry,

33 physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.
(k) "Physical disability" includes, but is not limited to, all of the following:
(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
(B) Limits a major life activity. For purposes of this section:
(i) "Limits" shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult.
(iii) "Major life activities" shall be broadly construed and includes physical, mental, and social activities and working.
(2) Any other health impairment not described in paragraph (1) that requires special education or related services.
(3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult.
(5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2). (6) "Physical disability" does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs.

34 (l) Notwithstanding subdivisions (i) and (k), if the definition of "disability" used in the Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (i) or (k), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (i) and (k).
(m) "Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation" includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics. (n) "Reasonable accommodation" may include either of the following:
(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
(2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. (o) "Religious creed," "religion," "religious observance," "religious belief," and "creed" include all aspects of religious belief, observance, and practice. (p) "Sex" includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. "Sex" also includes, but is not limited to, a person's gender, as defined in Section 422.56 of the Penal Code. (q) "Sexual orientation" means heterosexuality, homosexuality, and bisexuality. (r) "Supervisor" means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(s) "Undue hardship" means an action requiring significant difficulty or expense, when considered in light of the following factors:
(1) The nature and cost of the accommodation needed.

35 (2) The overall financial resources of the facilities involved in the provision of the reasonable accommodations, the number of persons employed at the facility, and the effect on expenses and resources or the impact otherwise of these accommodations upon the operation of the facility.
(3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of its facilities.
(4) The type of operations, including the composition, structure, and functions of the workforce of the entity.
(5) The geographic separateness, administrative, or fiscal relationship of the facility or facilities.

HISTORY:

Added Stats 1980 ch 992 § 4. Amended Stats 1985 ch 1151 § 1; Stats 1990 ch 15 § 1 (SB 1027); Stats 1992 ch 911 § 3 (AB 311), ch 912 § 3 (AB 1286), ch 913 § 21.3 (AB 1077); Stats 1993 ch 1214 § 5 (AB 551); Stats 1998 ch 99 § 1 (SB 654); Stats 1999 ch 311 § 2 (SB 1185), ch 591 § 5.1 (AB 1670), ch 592 § 3.7 (AB 1001); Stats 2000 ch 1049 § 5 (AB 2222); Stats 2003 ch 164 § 1 (AB 196); Stats 2004 ch 700 § 4 (SB 1234).

Amendments:
1985 Amendment:

Added (1) "or her" after "employed by his" in subd (b); and (2) subd (i). 1990 Amendment:

Added subd (j).
1992 Amendment:
(1) Added subd (a); (2) redesignated former subds (a)-(d) to be subds (b)-(e); (3) amended the introductory clause of subd (d) by (a) deleting ", except as hereinafter provided," before "includes"; and (b) substituting ", except as follows:" for a period; (4) added subdivision designation (d)(1); (5) added subd (d)(2); (6) added subd (f); (7) redesignated former subdivisions (e) and (f) to be subds (g) and (h); (8) substituted "includes, but is not limited to," for "means" in subd (h); (9) added subd (i); (10) redesignated former subd (g) to be subd (j); (11) substituted "disability, mental disability" for "handicap" in subd (j); (12) substituted subd (k) for former subd (h) which read: "(h) 'Physical handicap' includes impairment of sight, hearing, or speech, or impairment of physical ability because of amputation or loss of function or coordination, or any other

36 health impairment which requires special education or related services."; (13) added subds (l) and (m); (14) redesignated former subds (i) and (j) to be subds (n) and (o); and (15) added subd (p) and the last paragraph. (As amended 1992 ch 913, compared to the section as it read prior to 1992. This section was also amended by two earlier chapters, ch 911, ch 912. See Gov C § 9605.)
1993 Amendment:
(1) Substituted "functions" for "duties" after "Essential" both times it appears in subd (f); (2) deleted ", but is not limited to," after "includes" in subd (h); (3) deleted former subd (l) which read: "(l) 'Reasonable accommodation' may include either of the following:
"(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities.
"(2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. It is the intent of the Legislature that the definition of 'physical disability' in this subdivision shall have the same meaning as the term 'physical handicap' formerly defined by this subdivision and construed in American National Ins. Co. v. Fair Employment & Housing Com., 32 Cal. 3d 603. However, 'physical disability' does not include conditions excluded from the federal definition of 'disability' pursuant to Section 511 of the Americans with Disabilities Act of 1990 (42 U.S.C., § 12211). Additionally, for purposes of this part, the unlawful use of controlled substances or other drugs shall not be deemed, in and of itself, to constitute a physical disability."; (4) designated the former last paragraph in the section to be subd (l); and (5) substituted "of" for "or" after "size of the business" in subd (p)(3). 1998 Amendment:
(1) Amended subd (d) by (a) substituting the comma after "indirectly" for the semicolon; and (b) adding the comma after "thereof"; (2) substituted "that" for "which" after "organization" in subd (g); (3) amended subd (h) by adding (a) "(1) genetic characteristics, or (2)" after "include" in the first sentence; and (b) the second sentence; and (4) added "and" before "(5) the geographic" in subd (p). 1999 Amendment:
(1) Amended subd (d) by (a) substituting "of the state" for "thereof" in the introductory clause; (b) deleting subdivision designation (d)(1) at the beginning of the second paragraph; and (c) deleting former subd (d)(2) which read: "(2) 'Employer,' for purposes of provisions defining unlawful employment practices related to mental disability, means

37 any person regularly employing 15 or more persons, or any person directly or indirectly acting as an agent of such an employer, and also includes the state and municipalities and political subdivisions of the state."; (2) substituted subd (h) for former subd (h) which read: "(h) 'Medical condition' includes (1) genetic characteristics, or (2) any health impairment related to or associated with a diagnosis of cancer, for which a person has been rehabilitated or cured, based on competent medical evidence. For purposes of this section, 'genetic characteristics' means any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or his or her offspring, or is determined to be associated with a statistically increased risk of development of a disease or disorder, or inherited characteristics that may derive from the individual or family member, that is presently not associated with any symptoms of any disease or order."; (3) substituted "or age" at the end of subd (j); (4) added subd (m); (5) redesignated former subds (m)-(o) to be subds (n)-(p); (6) added subds (q) and (r); and (7) redesignated former subd (p) to be subd (s). (As amended Stats 1999 ch 592, compared to the section as it read prior to 1999. This section was also amended by two earlier chapters, ch 311 and ch 591. See Gov C § 9605.)
2000 Amendment:
(1) Amended subd (h) by (a) adding "means" in the introductory clause; and (b) substituting "cancer or a record or history of cancer" for ", for which a person has been rehabilitated or cured, based on competent medical evidence" in subd (h)(1); (2) substituted subd (i) for former subd (i) which read: "(i) 'Mental disability' includes any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. However, 'mental disability' does not include conditions excluded from the federal definition of 'disability' pursuant to Section 511 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12211).

Additionally, for purposes of this part, the unlawful use of controlled substances or other drugs shall not be deemed, in and of itself, to constitute a mental disability."; and (3) substituted subd (k) for former subd (k) which read: "(k) 'Physical disability' includes, but is not limited to, all of the following:
"(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following:
"(A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.
"(B) Limits an individual's ability to participate in major life activities.

38 "(2) Any other healthy impairment not described in paragraph (1) that requires special education or related services.
"(3) Being regarded as having or having had a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) and (2).
"(4) Being regarded as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2).
"It is the intent of the Legislature that the definition of 'physical disability' in this subdivision shall have the same meaning as the term 'physical handicap' formerly defined by this subdivision and construed in American National Ins. Co. v. Fair Employment & Housing Com. (1982) 32 Cal. 3d 603. However, 'physical disability' does not include conditions excluded from the federal definition of 'disability' pursuant to Section 511 of the Americans with Disabilities Act of 1990 (42 U.S.C., Sec 12211). Additionally, for purposes of this part, the unlawful use of controlled substances or other drugs shall not be deemed, in and of itself, to constitute a physical disability." 2003 Amendment:
(1) Added the second sentence of subd (p); and (2) amended subd (s) by substituting (a) "The" for "the" at the beginning of subds (s)(1)-(s)(5); and (b) the period for the comma at the end of subds (s)(1)-(s)(3) and the period for ", and" at the end of subd (s)(4). 2004 Amendment:

Substituted "Section 422.56 of the Penal Code" for "Section 422.76 of the Penal Code, except that, for purposes of this part, the reference in that definition to the "victim" shall mean the employee or applicant and the reference in that definition to the "defendant" shall mean the employer or other covered entity or person subject to applicable prohibitions under this part" in subd (p).

39 Appendix D: Sample Notice of Compliance
The City of Yorba Linda
Notice of Compliance Under ADA & California State Law
In accordance with the requirements of Title II of the Americans with Disabilities Act (ADA) of 1990, the Americans with Disabilities Amendments Act of 2008, the Fair Employment & Housing Act (FEHA), California Government Code Section 11135 and other applicable codes, the City of Yorba Linda does not discriminate against individuals on the basis of disability in its services, programs or activities.

Employment: the City of Yorba Linda does not discriminate on the basis of disability in its hiring or employment practices and will comply with the Fair Employment and Housing Act, as well as Title I of the ADA, including the regulations promulgated by the U.S. Equal Employment Opportunity Commission (EEOC), including the requirement to provide reasonable accommodations.

Effective Communication: the City of Yorba Linda will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities, including sign language interpreters, documents in Braille and other alternate formats to ensure information and communication is accessible to people who have speech, hearing, vision, or cognitive impairments so they can participate equally in the programs, services and activities.

Modification to Policies and Procedures: the City of Yorba Linda will make reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to participate in all of its programs, services and activities. For example, individuals with service animals behaving within applicable standards are welcome in offices and City facilities, even when pets are generally prohibited.

Anyone who requires auxiliary aids and services for effective communication, or a modification of policies or procedures to participate in a program, service or activity in the City of Yorba Linda should communicate with the Disability Manager contact as soon as possible, but no later than 72 hours before the scheduled event.

Neither the ADA, nor state law requires the City of Yorba Linda to take action that would fundamentally alter the nature of its programs, activities or services or impose an undue financial or administrative burden. Complaints that a program, activity or service of the City of Yorba Linda is not accessible should be directed in writing to the City’s ADA Coordinator in person, by fax, or by US Mail at:

40 4845 Casa Loma Ave.

Yorba Linda, CA 92886
Fax: (714) 993-7530
Attention: ADA Coordinator
The City of Yorba Linda will not place a surcharge on a particular individual with a disability or a group of individuals with disabilities to cover the cost of providing auxiliary aids and services or making a reasonable modification to a policy to create access.

41 Appendix E: Sample ADA Notice Dissemination Plan
The City of Yorba Linda
ADA Notice Dissemination Plan
Title II of the ADA, 28 CFR 35.10616 requires that the City of Yorba Linda produce and disseminate a notice of their ADA compliance.

The notice should be written clearly without undue complication. It should discuss what ADA requirements the entity is held to, the name of the ADA Coordinator, and provide current contact information enabling an individual to contact the ADA Coordinator. The notice should cover areas regarding:
- Employment;
- Effective Communication;
- Making reasonable modification to policies and programs; - An explanation of the non-surcharge requirement concerning the provision of auxiliary aids and services; and
- Information regarding the grievance process.

In considering how to disseminate this document, the City should identify the impacted parties who would have an interest in the notice. The notice dissemination plan should address the frequency of notice dissemination. Methods of dissemination may include:
- The City’s website;
- Local Newspaper(s);
- City Publications;
- Posters on City facilities;
- Inclusion of notice for special activities;
- Within transportation systems provided by the City;
- Within City Programs and Services meetings and materials; and - Other forms in which impacted stakeholders might be present.

Not all of the above notice dissemination methodologies may be necessary to effectively disseminate the notice.
1628 CFR 35.106 Notice: A public entity shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part.

42 Appendix F: Grievance Procedure under ADA or California State Disability Civil Rights Laws
Grievance Procedure under ADA or
California State Disability Civil Rights Laws
This grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 (“ADA”), the Americans with Disabilities Amendments Act (ADAAA) and California State law. It may be used by anyone wishing to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs or benefits by the City of Yorba Linda. The City’s Disability Discrimination Policy governs employment-related complaints of disability discrimination.

The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of the complainant and location, date, and a description of the problem(s). Alternative means of filing a complaint, such as personal interviews or a tape recording of the complaint, are available to persons with disabilities upon request.

The complaint should be submitted by the grievant and/or his/her designee as soon as possible, but no later than 60 calendar days after the alleged violation.

43 Appendix G: ADA Grievance Form
Americans with Disabilities Act (ADA)
Noncompliance or Discrimination Grievance Form
You may use this form to initiate a grievance procedure to investigate and resolve complaints alleging that the City of Yorba Linda has not complied with the ADA.

A. CONTACTS

1. Date of Complaint:

2. Complainant’s Name: ______________________________________________________ Contact Name: Relation to Complainant: ____________
Mailing Address: ____________________________________________ ____________________________________________
Phone No.: _____-_____-________ Email Address: _____________________________ TTY: Fax No.: ________________________
Please list preferred contact method: __________________________________________  Submittal:

You may print this form, fill it out, and submit it in person, by fax, or by US Mail to the local ADA Coordinator for the location.
4845 Casa Loma Ave.

Yorba Linda, CA 92886
Fax: (714) 993-7530
Attention: ADA Coordinator
B. ALLEGED VIOLATIONS

44 Describe briefly, but with sufficient detail, the circumstances of the alleged violation of the ADA requirements. Indicate the date, place, and nature of the occurrence. Include the names, if known, of any judge(s) or employee(s) involved, and the names of any persons witnessing the event. Attach additional pages if necessary:
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ C. RECOMMENDED ACTION
Indicate recommended corrective action that may resolve the alleged violation(s):
_________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ D. SIGNATURE OF (check one)
�� Compl a i na nt �� Re pr e s e nt a t i ve
Signature: Date: ______________
E. FOR THE CITY OF YORBA LINDA
Received: __ Assigned to: _______________________
Date Name
NOTES: _____________________________________________________________________ ____________________________________________________________________________

45 Appendix H: Contact Information for the City of Yorba Linda ADA Coordinator
David Albaugh
Administrative Services Director
4845 Casa Loma Ave.

Yorba Linda, CA 92807
Email: [email protected]
Fax: (714) 993-7530

46 Appendix I - Surveys
Printed Communications

1. Do all of your Department’s printed publications and notices inform readers that the publications are available in alternative formats, if needed, for persons with disabilities?
a. If yes, is this mandated by the City or specific to your Department? b. If yes, is the notification language standard to the City or created by your Department?
c. If yes, please provide a copy of the text offering alternative formats.

2. Do all of your Department’s printed publications and notices use a certain font type and size for City published documents?
a. If yes, what font type and size is used?
b. If yes, is this mandated by the City or specific to your Department?

3. Has your Department reviewed all publications and notices to determine whether they portray persons with disabilities in a demeaning or offensive manner? a. If yes, when was this review last performed?
b. If yes, how regularly is this review performed?

4. Has your Department trained its staff to ensure that all publications and correspondence use “person first language”?
a. If yes, is this training provided by the City or the Department? b. If yes, how often are staff provided this training, and how is this training tracked and recorded?
Communication With People Who are Deaf or Hard of Hearing (DHH)

1. Does your Department list “711 the California Relay” on business cards and letterheads?

2. Are your Department’s telephone lines accessible to persons who are DHH? a. If yes, please describe how the Department ensures this accessibility.

47 b. If yes, how often are your Department’s telephone lines tested to ensure accessibility?

3. Has your Department identified local resources that can provide auxiliary aids for communication as needed?
a. If yes, please describe.
b. If yes, please describe how the public is informed of these resources, and how they are informed on how to request them.

4. If your Department uses video for any reason or in any forum (e.g. internal employee training, public outreach via the web on social media, YouTube, etc.) is that video captioned?
a. If yes, please describe how the Department ensures that video is captioned, including any processes or vendors utilized to caption videos. b. If yes, are videos captioned before use, or at some later date after they have been released?

5. Does your Department have a policy in place for securing video remote interpreting services (VRI)?
a. If yes, please attach a copy of the policy and/or describe in detail.

6. If your Department has a Public Information Officer that communicates with the press and releases critical information, is an American Sign Language interpreter visible and within the screenshot if television cameras are in use or is a captioning service used?

7. Does the Department play videos in public spaces, e.g. waiting rooms or lobbies, for the public?
a. If so, are these videos captioned?

8. Does the Department use any public address systems?
a. If so, how does the Department ensure that information broadcast by these systems is available to people who may be DHH?

48 Software & Digital Communication

1. Does the Department ensure that its webpage is accessible to persons with disabilities by applying Web Content Accessibility Guidelines (WCAG)?17 a. If yes, is this mandated by the City?
b. If yes, how does the Department make sure its webpage meets the WCAG? c. If yes, how does the Department ensure that any updates meet the WCAG? d. If yes, what version of the WCAG does the Department apply to its webpage access requirements?

2. Does the Department use any web-based forms for use internally or by the public? a. If yes, how does the Department ensure that these meet WCAG?

3. Does the Department use any internally-developed software, including mobile applications and payment systems, either internally or externally? a. If yes, how does the Department ensure that these meet WCAG?

4. Does the Department use any third party software, including mobile applications and payment systems, either internally or externally?
a. If yes, how does the Department ensure that these meet WCAG?

5. Does the Department use any touch screen information systems for public interaction?
a. If yes, is there an independent operating system for persons with visual impairments?

6. Does the Department offer any type of computer or digital device for use by the public?
a. If yes, are they equipped with software that makes them accessible to persons with visual impairments?
b. If yes, how does the Department ensure that these devices and the software on them is accessible?

7. In email communications (both internal and external), does the Department ensure that all communications – including attachments – comply with WCAG? a. Are PDFs checked for accessibility?
17 See, e.g. https://www.w3.org/WAI/standards-guidelines/wcag/

49 b. Are PDFs also sent out as Word documents?
c. Are all photos captioned with descriptive text?
Staff & Employees

1. Does the Department affirmatively recruit persons with disabilities for available positions?
a. If yes, please describe these efforts and outreach.

2. Does the Department ensure that all of its job listings are accessible to persons with disabilities?
a. If yes, please describe, and attach any pertinent documents.

3. Do Department job listings contain a statement of non-discrimination against persons with disabilities?
a. If yes, please provide a copy (or text) of this statement.

4. Does the Department offer candidates for employment the opportunity to request reasonable accommodation?
a. If yes, please describe, and attach any pertinent documents.

5. Are interview panel members trained regarding disability awareness and appropriate interactions with people with disabilities? a. If yes, please describe the training, including how often it is offered, and how attendance is tracked and recorded.
b. If yes, please attach copies of any pertinent documents.

6. When your department conducts employment interviews, is the decision to hire based upon which candidate is best qualified to perform the essential functions of the job with or without reasonable accommodations?

7. How are the essential functions of a position determined?

8. Does the Department offer Staff and Employees an opportunity to self-identify as a person with a disability?

9. How does the Department ensure that all employee events (e.g. holiday parties), are fully accessible?

50 10.Does the Department offer training on accessibility best practices and/or the ADA to staff, employees and/or volunteers?
a. If so, how often is this training offered?
b. If so, is this training optional or mandatory?
c. If so, how is attendance tracked and recorded?
d. Please provide a copy of all training(s).

11.Does the Department ensure that all opportunities for advancement and education are available and accessible to Staff and Employees who may have a disability? This includes, but is not limited to certifications, workshops, trainings, conferences, meetings, etc.

12.Does the Department have a process for its staff and/or employees to request a reasonable accommodation?
a. Please describe and/or attach copies of any pertinent policies or procedures.
b. Please also fully describe the interactive process, as well as how documentation regarding these processes are maintained.

13.Does the Department’s reasonable accommodation process include a search for transfer into a vacant, funded role as an accommodation of last resort? a. If yes, please provide all Departmental documentation and guidance regarding this process.
b. If yes, please describe in detail how this process is implemented, including how long a search is conducted, and what criteria are utilized to determine whether a transfer is appropriate and can be achieved.
c. If yes, does the Department require persons seeking this reasonable accommodation to compete for the vacant role?

14.If reasonable modifications are used to create access, are they approved before they are put in place?
a. If yes, by whom? Please include name, position and contact information

15. When reasonable modifications are put in place, are they documented to ensure staff implements them appropriately?

51 a. If yes, how is the reasonable modification(s) documented? What information is included in the documentation?

16.Does the Department ensure that it’s facilities and offices are fully accessible? Please describe.

17. Is there an anti-disability harassment policy? If yes, when was it last updated? Please attach the policy.
a. Is it based upon zero tolerance or the legal definition of disability harassment?
b. How often is it disseminated to all staff?

18. Does your Department’s grievance system:
a. Offer assistance to people with disabilities who, due to their disability, are not able to independently complete the grievance?
b. Provide timelines when a complainant can expect a result? c. Have a second level of review? If yes, please state the position responsible. d. Contain a notice regarding availability of the grievance system in alternative formats: braille, large print, audio?
e. Contain the name and contact information of the ADA Coordinator?

19.Has your Department received any complaints or grievances regarding failure to reasonably accommodate and/or lack of accessibility by candidates, employees, or visitors to any of your offices?
a. If yes, please describe these including how they were resolved.

20.Does your Department supervise any maintenance staff? a. If yes, do maintenance staff receive training regarding maintaining an accessible built environment?

21.Does the Department have a policy regarding service and/or support animals for its employees?
a. If yes, please provide a copy of the relevant policies.

52 Information Technology

1. How does IT ensure that all Information & Communication Technology services within its purview are fully accessible?

2. How does IT ensure that all mobile applications developed on your behalf are fully accessible?

3. What version of the Web Content Accessibility Guidelines (WCAG) does IT apply in software development?

4. Have you ever received any complaints regarding a lack of digital / web accessibility by any of your employees, volunteers, users? a. If yes, please describe, and include how these complaints were resolved.

5. How and how often does IT conduct accessibility checks, and how encompassing are these checks?

6. Does the IT Department offer and/or receive regular training regarding digital and web accessibility?
a. If yes, please describe the training, provide copies of any relevant documents, and describe how training is tracked and recorded.

Purchasing, Contracts, Vendors

1. When the purchase of new equipment is made, (purchases including, but not limited to, communication and transportation equipment) is it reviewed to ensure the equipment is accessible to users with disabilities? a. If yes, please describe how accessibility reviews of new equipment are performed.

2. Are all public documents related to bidding and contracting available to persons with disabilities in alternative format if needed?

3. Are meetings related to bidding and contracting held in accessible locations?

4. Do all City contracts have language in place holding contractors and vendors to applicable State and Federal disability civil rights mandates? a. If yes, how is this enforced?

53 5. How does the Department ensure that all products and services offered by third parties and vendors are fully accessible?

6. Is an accessibility plan check done when vendors are conducting tenant improvements in public service areas?

7. Is guidance in place for staff and vendors regarding clear space and furniture placement?
a. If yes, when was it last updated? Please attach the guidance.

8. If an employee or member of the public with a disability believes they have been discriminated against by a City vendor or contractor, what steps are available to them to remedy their concerns?
Construction and Remodels

1. Do all design contracts hold design professionals to designs that use, at minimum, the most stringent access standards in effect at the time of the project?

2. Do design contracts encourage design professionals to exceed the maximum access standards when possible to ensure that construction tolerances are built into the project?

3. Is a policy in place that mandates CASp inspections at key points of construction and at completion, before final payment is made?

4. Are major public projects reviewed by stakeholders with disabilities during the planning stage?
General Purchases

1. When purchasing items for installation, what checks are in place to ensure installation will be compliant with current building standards? (e.g. toilet paper dispensers must be located below the grab bar; items may not protrude more than 4” from the wall in a path of travel if they are placed at an elevation above 27” or below 80”; clear space available for a wheelchair user to approach the item for use; an item must not require a person to reach higher than 48” or lower than 15” to operate unless the user must reach over other items to operate, etc.)

54 a. Please describe how you ensure that purchased and installed items are compliant with current building standards.
b. Please describe how you ensure that purchased and installed items are maintained so as to ensure current building standards (e.g. waste baskets are not kept in required maneuvering clearances; subsequently installed items do not obstruct clear spaces and reach ranges, etc.)

2. When purchasing an item that contains an operational part, do you consider accessibility requirements, e.g. ability to operate with one hand; maximum 5lbs operational pressure; no grasping, pinching, and twisting; etc.)? a. If yes, please describe how these considerations are made and implemented.
b. If yes, how does the Department ensure that any operable part is maintained to remain accessible (e.g. parts do not get rusty, stuck, or otherwise outside operable part accessibility requirements)?

3. When furniture is purchased, does the Department consider accessibility factors such as is knee clearance for tables and clear space within a room? a. If yes, please describe how these considerations are made and implemented.
b. If yes, please describe how these features are maintained (e.g. items are not placed beneath tables which may obstruct knee clearances, or additional furniture is added to a room which may obstruct clear space).

Facilities and Real Estate Management

1. Does your Department ensure accessibility of any public rights of way (PRoW)? a. If yes, please describe how your Department achieves this, including accessibility requirements of sidewalks, parking lots, paths of travel to and from Department facilities.
b. If yes, please provide a copy of any policies and/or Department procedures, and include information on when these were last updated.

55 c. If yes, please describe how the Department monitors PRoW for accessibility issues, including but not limited to broken sidewalks, PRoW obstructions (including temporary obstructions), and overhangs into the PRoW that interfere with clear head space.
d. If yes, does your Department receive complaints from the public regarding inaccessible PRoW? How does the Department ensure that methods for receiving these complaints (e.g. via telephone, web-based forms, email) are accessible to people with disabilities?

2. Does your Department have an accessibility construction inspection checklist for use by building code officials/building inspectors as a reference guide to assist with on-site inspection of accessibility features and construction elements affecting accessibility compliance to your facilities?
a. If yes, when was it last updated? Please attach a copy of the checklist.

3. Is there a policy and/or procedure in place ensuring proper maintenance of accessible features?
a. If yes, when was this last updated?
b. If yes, how are the relevant staff made aware of these policies and procedures?
c. If yes, how are these policies and/or procedures enforced? d. Please attach a copy of the policy and procedure.

Planning, Construction, Buildings

1. When examining plans, does the Department evaluate accessibility requirements? a. If so, please describe how the Department does this, and please attach any relevant Departmental documentation (e.g. guidelines, checklists, procedures).

2. During construction, does the Department evaluate construction sites for accessible paths of travel along public rights of way for persons with disabilities?

56 a. If so, please describe how the Department does this, and please attach any relevant Departmental documentation (e.g. guidelines, checklists, procedures).

3. Does the Department receive public complaints regarding building accessibility for persons with disabilities?
a. If so, please describe how these are submitted to the Department by the public.
b. If so, please provide examples of complaints, including how those were resolved.
c. If so, please provide any relevant Departmental documentation, including intake forms, internal processes, etc.)

4. Does the Department have any staff or employees who evaluate accessibility of built environments for persons with disabilities?
a. If so, please provide supplemental information, e.g. # of FTEs, certifications required, job description(s).

Capital Projects

1. Does your department have an accessibility checklist that it uses for all Capital projects?
a. If yes, please attach a copy of this checklist and/or any pertinent documentation.
b. If yes, when was this last updated?
c. If yes, how does your Department ensure that accessibility is implemented in all Capital projects?
Fleet Services

1. Does your Department utilize vehicles for transportation? a. If yes, please continue with this section.

57 b. If no, please skip this section.

2. When procuring and maintaining vehicles for transportation uses, what procedures and/or guidelines does your Department follow or implement to ensure that these vehicles are accessible to persons with disabilities?

3. Does your Department offer training to transportation providers regarding disability awareness and how to ensure access and safety to riders with disabilities (including the use of tie-downs)?
a. If yes, please describe the training and attach any pertinent documents. b. If yes, please describe how often this training is offered, tracked and recorded.
c. If no, is there another Department within the City that offers this training?

4. Are service animals allowed on transportation systems?

5. Have there been any complaints regarding inaccessible transportation services? a. If yes, how were those resolved?
Public Meetings

1. Does the Department hold or sponsor events that are available to the public? a. If yes, please continue with the questions in this section. b. If no, please skip this section.

2. Does the Department have an event planning accessibility checklist to ensure that all public meetings and events are fully accessible?
a. If yes, please provide a copy of this checklist.
b. If yes, is this checklist maintained by the Department or the City?

3. If security checks are required to attend any public function, are security personnel trained in best practices for conducting security checks for persons with disabilities?
a. If yes, please describe or provide a copy of this training, including how often it is updated and offered, and how attendance is tracked and recorded.

58 4. Do all meeting notices contain an announcement that reasonable accommodations are available for persons with disabilities as needed and/or upon request?
a. If so, please provide a copy of the text that is included in all notices of public meetings.

5. Are all persons who administer public meetings trained in how to respond to requests for reasonable accommodations by members of the public? a. If so, please describe what training is provided, including how often it is provided and how attendance is tracked and recorded.

6. Does the Department take steps to ensure that all meetings are held in buildings and rooms that are fully accessible?
a. If so, please describe how the physical accessibility of public meeting spaces (including: paths of travel; entrances; circulation routes; registration counters or tables; building amenities such as water fountains, restrooms and public telephones; and seating) is evaluated and implemented. b. Are staff trained to set up meeting rooms to provide maneuvering space for persons who use wheelchairs or service animals?

7. Are the indoor or outdoor surfaces where persons with disabilities will travel smooth, stable, and slip resistant?

8. Are public meetings held on sites that are accessible by public transportation? a. If no, please explain why not.

9. Do public meeting notices contain language indicating that service animals are welcome?
a. If so, please provide the text of this notification.

10.Are service animal relief areas identified before every public meeting?

11.Are emergency exits identified before every public meeting?

12.Are stages, speaking platforms, microphones and other items to be used by persons with disabilities accessible?
a. Note: When considering microphone access please take into account podium elevations, touch screen control systems, gooseneck microphone

59 attached to the center of tables without knee clearance for wheelchair users, and persons who will not be able to hand hold any equipment.

13.Do all public meetings have reserved seating for people who use wheelchairs? a. Does this reserved seating also include integrated companion seating?

14.Are all presenters at public meetings trained on best practices for presenting content to persons with disabilities, eg. reading PowerPoints aloud? a. If yes, how and how often are these trainings offered, and how is attendance tracked and recorded?

15.Are FM Loop systems (Assistive Listening Devices) available for persons who are hard of hearing?
a. If FM Loop systems are being used, do meeting hosts ensure that all comments made during the meeting go through the PA system? b. If FM Loop systems are used, are all meeting hosts trained on how to operate these? How often, and how is this training tracked and recorded?

16.Are sign language interpreters and/or real-time captioners available for all public meetings?
a. If yes, please indicate how these resources are made known and available to the public.
b. If yes, is there reserved seating at the front of the room for persons needing these accommodations?
c. If yes, are sign language interpreters positioned beneath adequate lighting, and close to the speaker?
d. If yes, are two sign language interpreters retained for meetings or events lasting more than two hours?
e. If yes, are sign language interpreters and real time captioners provided information before the meeting/event regarding any unusual terms or difficult to spell names that will be part of the program?

17.What processes are in place to ensure that people with disabilities are able to participate in public speaking at all events, e.g. public comment? a. Please describe in detail, and answer the additional questions, below.

60 b. If speaker cards are used, is staff available to assist persons with disabilities, as needed, in completing the cards?
c. Are podiums or dais’ used for public speaking or public comment accessible (e.g. lowered podiums, adjustable microphones, etc.)?
d. If public comment time is limited, is the time increased for persons who have speech impairments?

18.Do any public events utilize security measures (e.g. magnometers, wands, bag checks)?
a. If yes, are Security personnel trained in best practices for conducting security checks of persons with disabilities?
b. If training is provided, please describe or provide a copy of that training, including how and how often it is offered, and how attendance is tracked and recorded.

19.What processes are in place to ensure that exhibits, displays, and other materials offered to the public are fully accessible?
a. If events include displays, are the displays accessible and on an accessible route?
b. If parts of an exhibit are inaccessible due to technical infeasibility, is video with captioning used to display the exhibit?
c. Are all brochure racks, holders and literature displays accessible to people with disabilities, including, e.g. all materials on an accessible route, with appropriate reach ranges and clear floor space?
Emergency Procedures

1. Does your Department have procedures in place regarding the evacuation of persons with disabilities?
a. If yes, please describe and/or provide a copy of those procedures. b. If yes, how often are relevant Department staff trained on those procedures, and how is this training tracked and recorded?

61 c. If staff are trained on these procedures, how often is this training updated and/or reviewed?

2. Does your Department utilize Department vehicles for transporting civilians in any instance, including emergency evacuation incidents?
a. If yes, are transport vehicles equipped to transport persons with disabilities? (Please describe in detail, if applicable).
b. If yes, are relevant Department staff trained in how to transport persons with disabilities? (Please describe in detail, if applicable).

3. Does your Department work in partnership with other entities regarding the set up and administration of evacuation shelters or centers?
a. If yes, please describe the Department’s role in this partnership. b. If yes, does the Department have a checklist regarding accessibility at evacuation shelters or centers? (Please provide a copy of that checklist, if applicable).

Records

1. In what format does your Department maintain records that are available to the public? (e.g. hard copy, digital).

2. How does your Department ensure that digital records are fully accessible to persons with disabilities?

3. Does your Department permit members of the public to visit your facility or facilities to physically examine hard copies (printed) records?
a. If so, how does your Department ensure that public records’ examination areas are accessible to persons with disabilities?

4. Does your Department offer assistance to persons with disabilities with regard to public records services, e.g. filing, requesting documents, reviewing documents? a. If so, please describe the assistance you offer, including how this assistance is publicized and how the public may make a request for assistance.

62 Voting
Voter Information

1. Does the Department advertise the Secretary of State 24-hour, toll-free, TTY number for communicating voter registration and related information to elderly voters and voters with disabilities? If no, does the City advertise its own TTY number?

2. Does the City maintain a Voting Accessibility Advisory Committee (VAAC) to assist election officials in implementing provisions of the ADA? If yes, how often does the committee meet? How many members are on the committee? How are members solicited and selected?

3. Is a notice included on voter registration and Vote By Mail ballot instructions offering materials in alternate formats?
Voter Registration

1. How does the Department ensure that all voter registration processes (e.g. completing written and or electronic forms) is fully accessible to persons with disabilities, including people who may be blind or vision impaired? Please describe.

Polling Places & Poll Workers

1. Does the Department notify voters of accessible (or inaccessible) polling places? a. If yes, please describe and provide copies of any applicable policies and language used in such notification(s).

2. Does the Department have an accessibility checklist for all polling places (including early voting locations)?
a. If yes, please provide a copy of the checklist.
b. If yes, please indicate who is responsible for ensuring adherence to the checklist.
c. If yes, please describe how accessibility is enforced.

63 3. If an accessible polling site is not found within a voting precinct, what steps are taken to address access for people with disabilities?
a. Are all efforts documented and kept on file?

4. Does the Department conduct on-site accessibility evaluations? a. If yes, how are the results of these evaluations recorded?

5. Are all polling stations located on public transportation routes?

6. Are poll workers and election officials trained in etiquette, best practices, and person-first language in assisting persons with disabilities? a. If yes, how and how often is this training administered? b. If yes, how is this training tracked and recorded?

7. Are poll workers trained in providing reasonable accommodation and/or assistance to persons with disabilities?
a. If yes, how and how often is this training administered? b. If yes, does this include how to set up a polling station for maximum accessibility by persons with disabilities? (E.g. parking, accessible ballot boxes)
c. If yes, how is this training tracked and recorded?
d. If yes, when is the last time this training and/or guidance updated? e. Please attach copies of all relevant policies, trainings and or guidance materials.

8. What training or guidance is provided to poll workers or election officers regarding disability awareness and the City’s obligations under state and federal civil rights laws?
a. Is this training mandated?
b. If this training is provided, how is it tracked and recorded?

9. What policy or procedure is in place to address requests for auxiliary aides at each stage of the process, from registering to vote to casting a ballot? Please attach.

10. Are poll workers or election officials trained on providing auxiliary aids and services?

11.Have local resources been identified which can provide auxiliary aids for communication as needed?

64 12.How and how often is polling station equipment tested for accessibility?

13.Is there a policy or procedure for providing reasonable accommodations to poll workers? Please attach.

14.Is there a policy and/or procedure for determining whether a requested reasonable accommodation is appropriate?
a. If yes, please describe and/or attach the policy.

15.Is there a policy and/or procedure for determining whether modifications should be made to a polling place?
a. If yes, please describe and/or attach the policy.

16.What policy or procedure is in place to address the need for use of temporary modifying equipment or measures to minimize physical barriers? Please attach.

17.Is there a policy or procedure in place to address service animals? Please attach.

18.Is there guidance or training for poll workers or election officials should there be an incident involving a service animal? Please attach.

Reasonable Accommodation

1. Is a notice posted with information on how to file a complaint for any individual who is personally aggrieved by non-compliance? Where is this notice posted?

2. What is the process for persons with disabilities to request reasonable accommodation at any stage of voting (e.g. registration, accessing records, voting)?
City Counsel / City Attorney
Please do not include any information that may be protected under AttorneyClient, Work Product or any other applicable privilege.

1. Does your Department provide training to any other City Department or Office on the Americans with Disabilities Act?
a. If yes, please describe the training, how often it is given, whether it is mandatory or optional, and how attendance is tracked and recorded. b. If yes, how often is this training updated?

65 2. Does your Department draft policies regarding implementation of the Americans with Disabilities Act or accessibility requirements in built and/or digital environments?
a. If yes, please provide copies of pertinent policies created by your Department.

3. Does your Department advise the City on complaints of failure to accommodate or lack of access?
a. If so, please indicate how many complaints your Department advises on, on average, on an annual basis.
b. If so, please indicate whether the City has implemented new policies, practices and/or procedures as a result of a complaint.

Other

1. Does your Department have an ADA Notice of Compliance posted? a. If yes, please describe where this notice is posted.

2. Does your Department have any policies regarding service and/or emotional support animals for its employees and/or the public?
a. If yes, please describe and provide a copy of any pertinent documentation.

3. If your Department offers public services on site, e.g. intake and counseling, please describe how your Department ensures that these services are fully accessible.

4. Does your Department offer transportation services?
a. If yes, please describe how the Department ensures that these services are fully accessible to persons with disabilities.

5. Does your Department have electronic informational kiosks? a. If yes, are they accessible to people with disabilities?

6. Does your Department offer printed informational brochures to the public?

66 a. If yes, are these offered in large print formats? b. If yes, are these brochures offered in accessible locations (e.g. with adequate clear floor space and within reach ranges for persons who use mobility devices)?

7. Does your Department issue any warnings, penalties and/or citations? a. If yes, how do you ensure that people with disabilities are able to access the information included on these documents (e.g. persons who may be blind or visually impaired)?

8. Does your Department offer or host any trainings, meetings, or other events available to the public?
a. If yes, does your Department have a checklist to ensure accessibility? Please attach.
b. If yes, are these events in accessible facilities?
c. If yes, are these event facilities on public transportation routes?

9. Is your Department involved in automation initiatives (e.g. web and mobile applications) that interface with the public?
a. If yes, how do you ensure that these are fully accessible to persons with disabilities?

10.How does your Department receive complaints of lack of accessibility or requests for reasonable accommodation from the public?
a. Please attach any pertinent policies and/or procedures.

11.Has your Department received any complaints regarding a failure to reasonably accommodate or lack of accessibility?
a. If yes, please describe how these were resolved.

12.Does your Department have a policy in place that prohibits discrimination against people who formerly used drugs illegally and have been through a rehabilitation program?
a. If yes, when was it last updated?
b. Please attach a copy of the policy.

67 13.Based on all of the above, are there areas where you feel training of Department staff would be beneficial?
a. If yes, please list the areas of training you think may be useful.

68 Appendix J: Documents appended to survey responses
Documents appended to survey responses: none

69 Appendix K: Glossary of Terms and Basic information
Glossary of Terms and Basic information
The following glossary of terms is designed to give a basic overview of common elements of access within the Americans with Disabilities Act, Title II, and California State law. For more specific information concerning the terms described below please review 28 CFR 35 and the California Government Code 12926.

Definition of Disability:

Under California State law, Government Code Section 12926, a person with a disability is: 1) A person having a physical or mental impairment that limits a major life activity.

This limitation must be considered in the unmitigated status. This means that the determination of whether the limitation exists would be considered in terms of how the individual would function without the use of medication, personal devices or habits that have been formed to mitigate the disability. 2). or, A person who has a record of a disability, such as described in number one. 3). or, A person who is regarded as having a disability, such as described in number one.

Note: This is an abridged definition of disability under California State law. For further information, please see California Government Code 12926. The California definition of disability is being used, as it is more stringent than the definition found under the Americans with Disabilities Act of 1990 or the Americans with Disabilities Amendments Act of 2008.

Qualified Person with a Disability
A qualified person with a disability has a disability as described above and is qualified to receive the programs, services, or activities of the entity in question.

Self-Evaluation
A comprehensive evaluation of all programs, services, and activities to ensure that access for qualified persons with disabilities is in place. The Self-Evaluation must be vetted with interested stakeholders. The Self-Evaluation was due in 1993.

Transition Plan
A physical access evaluation of all sites from which programs, services and activities are provided. The Transition Plan contains four parts: 1. A list of physical barriers; 2. A statement of method to be utilized for mitigation of barriers; 3. A statement regarding the schedule of barrier mitigation; and, 4. The designation of an official who is responsible for the administration of the Transition Plan. The Transition Plan was due in 1992. The Transition Plan must be vetted with interested stakeholders.

70 Note: The intent was to create access within facilities that were online in 1992 and that new construction or remodels would be accessible.

Program Access
A designated alternative manner in providing programs, services and activities in order to ensure that appropriate access is in place. For example, accessible meeting space may be secured on the ground floor of the building to hold meetings with people who have mobility impairments, who are not able to go to the second floor because of the absence of an elevator.

ADA Grievance Procedure
A grievance process that is published and capable of addressing issues that may arise from access policies that impact the delivery of programs, services and activities. The grievance procedure must be widely disseminated, offer a second level review, notify the grievant of the outcome, state the ADA Coordinator's name and contact information and offer assistance to a person with a disability who may not be able to complete the grievance document independently due to their disability.

Notice of ADA Compliance
Notice of ADA Compliance is a widely disseminated notice that provides information concerning the elements of ADA compliance that the entity has in place. It is recommended that the Notice of ADA compliance be accompanied by a dissemination plan.

ADA Coordinator
This position is required for state and local government entities that have 50 or more employees. Initially, the position was envisioned to coordinate the grievance process.

The national trend is that this position is now used to coordinate a variety of matters relative to ADA implementation and administration. Caution must be exercised concerning an appropriate separation of duties. It is inappropriate to have the ADA Coordinator engaged in both providing reasonable accommodations through the interactive process, and investigating issues concerning the accommodations that have been provided or denied.

Direct Threat
Direct threat is a significant risk of substantial harm that cannot be mitigated through policy modification or reasonable accommodation. The danger must be real and not speculative or remote.

Policy Modification Request and Fundamental Alteration
A qualified person with a disability may request that an entity modify its policies to create an appropriate level of access. A system must be in place for entertaining these requests and determining whether said request would result in a fundamental alteration of the programs, services and activities impacted. Should there be an inability to grant the initial request, other measures must be considered if available, to address the

71 access issue in question. Should it be determined that the request results in the fundamental alteration, a senior official should expeditiously sign off on the determination.

Auxiliary Aids and Services
These are measures provided to ensure that appropriate access to programs and services and activities is in place upon request. Auxiliary aids and services include, but are not limited to, providing documents in an alternative format such as Braille, providing sign language interpreting services, note takers, real-time captioning services or assistive listening devices.

Video Remote Interpreting (VRI)
VRI is permitted in the 2010 Title II ADA regulations. It provides a system in which sign language interpreting can be conducted via video with the interpreter offsite. Caution needs to be exercised to ensure that the technical quality of the system is sufficient to appropriately transmit the information being communicated.

California Relay Service
The California Relay Service was created by ADA, Title IV. It is a free service to facilitate effective telephone communication between persons who are Deaf and Hard of Hearing and persons who are hearing. This is done via a relay operator who uses both a teletype device and a telephone. The California Relay service may be reached at 711.

Note: Some entities have chosen to include “California Relay Service 711” on business cards and letterheads to facilitate communication.

Reasonable Accommodation
Reasonable accommodation technically refers to the employment relationship. It is an adjustment that provides the employee or applicant an opportunity to participate in: the performance of essential functions of the job, the selection process or to receive benefits and privileges offered to other employees in the work situation. Reasonable accommodation solutions often vary widely. Accommodation requests must be handled through an "interactive process".

Interactive Process:

The interactive process is required in the state law and federal case law, yet neither defines it clearly. Problems have occurred when disputes have arisen and the employer has not clearly documented the interactive process. For that reason, the following steps are recommended:

1. The employer becomes aware that there is a disability that impacts elements of the employment relationship.

2. The employer and employee/applicant meet to discuss the barrier in question and potential resolutions. In this stage needed data is gathered from medical providers, consultants or the Jobs Accommodation Network.

3. After giving primary consideration to what the employee/applicant is requesting, the employer makes a prompt decision regarding what effective accommodation will be provided. Or, if the accommodation in question would result in an undue hardship the

72 employer is not obligated to provide said accommodation.

4. The employer promptly implements the reasonable accommodation.

5. The employer initiates follow-up discussions with the recipient of reasonable accommodation to ensure that the accommodation was, in fact, effective.

Note: The reasonable accommodation process is ongoing and may need to be revisited at any point in the employment relationship, as disabilities and technology may change.

Medical Inquiry
Medical inquiry is the acquisition of pertinent medical information to determine whether a bona fide legal disability exists and what limitations it may present that necessitates a reasonable accommodation. Medical inquiry should be limited in scope. Data related to genetic characteristics should not be solicited, obtained or retained. Medical information may not be lawfully stored in an employee's personnel file.

Undue Hardship
An undue hardship would be the provision of a reasonable accommodation that is extensive, disruptive, fundamentally alters the nature of the program or is unduly expensive. It is important to note that the expense issue is extremely difficult for a state or local government entity to use as a defense. In doing so, one would need to consider the total budget of the entity in question.

Service Animal
A service animal is a dog or miniature horse that has specifically been trained to perform tasks for a person with a disability that they are not able to perform for themselves due to their disability.

Note: This is a subject that generates the highest number of complaints received by the US Department of Justice.

Maintenance of Accessible Features Policy
This relates to the requirement set by 28 CFR 35.133 in which an entity must maintain accessible features. Policy and procedure in this area is designed to give staff guidance unifying, repairing or reporting issues within access elements on sites where programs, services and activities are conducted.