Yorba Linda City Council
July 15, 2025

22 CITY OF YORBA LINDA
Construction Management, Materials Testing, and Inspection Services for Lakeview Avenue Widening Between Oriente Drive and Bastanchury Road activities and any reports generated through the natural progression of the project. Any observation of deficiencies in safe practices results in a request for immediate remediation and a report to the City and the contractor.

Additionally, our team monitors and enforces debris handling and disposal plans, hazardous materials communication plans, emergency action plans, job hazard analysis, incident and inquiry reports and monthly safety reports.

We conduct weekly tailgate safety meetings and attend the Contractor’s scheduled safety meetings. Our efforts focus on prevention to make sure we maintain a safe work site for the contractor, subcontractors, inspectors, field personnel, visiting City staff, and the public at large.

Fountainhead’s commitment to total safety excellence throughout all projects was instituted by establishing safety as a core value. To achieve Fountainhead’s goal of zero incidents, all employees are required to actively participate in the Fountainhead’s Safety Training Program conducted through its Web-based program. In addition, the Fountainhead Team developed a Code of Safe Practices specific to the project, and it covers all aspects of project safety, including personal protective equipment (PPE). All project personnel are required to read and sign off on the Code of Safe Practices. Biweekly safety tailgate meetings are conducted in accordance with California Division of Occupational Safety and Health (Cal/OSHA) regulations, and meeting minutes are kept on file.

Stormwater Pollution Prevention Plan (SWPPP): Javier Soto, PE, QSD/P assists the City in filing all Notice of Intent (NOI) and Notice of Termination (NOT) for the project on the California State Water Resources Control Board S.M.A.R.T.S. website, as well as preparing and helping to file the required annual reports. Javier reviews and comments on the Contractor’s SWPPP document to ensure compliance with the Statewide General Permit. Our Fountainhead team reviews installation and maintenance of BMPs, prepares weekly stormwater inspection reports, ensures testing – if required – is completed and ensures compliance with the SWPPP document. Upon the contractor’s notice to proceed, the Fountainhead team verify the contractor has complied with all requirements necessary to begin the project and that all permits are in order. We obtain copies of all relevant project permits and ensure project compliance throughout the life of the project including environmental permits, resource agency permits, and City issued permits. Javier works with the contractor to ensure necessary construction permits are in place, including WDID, Conditions and Standards where applicable.

Weekly / Monthly Project Progress Meetings and Reports: During the construction stage, Javier holds weekly construction progress meetings attended by the Contractor, City, County, relevant utility companies, and others. In these meetings, an agenda is submitted which includes items the City and Contractor would like to discuss. Items that are not resolved from the agenda are carried on to the next meeting. We review the project status, the look-ahead schedule including long lead items, outstanding RFIs, submittals, and any other issues of concern. Meeting minutes are prepared and distributed, requesting either the concurrence of those who attended, or suggested corrections to the minutes.

Afterwards, the minutes are filed as either approved or amended. We hold amonthly meeting with the City to discuss the monthly project. The goal is to keep all stakeholders informed of progress, to mitigate issues before they arise, and to ensure that the project lands within the designated time frame. Javier prepares the monthly project status report that summarizes the Project's overall progress against the projected project plan. The goal of a project status report is to keep all stakeholders informed of progress, to mitigate issues before they arise, and to make sure that the project land within the designated time frame. The report summary includes updates to the Key Milestones Table, Progress and Deviations from Plan, Risk Register, Financial Status, Change Request History, and others.

Construction Phase Deliverables
• Survey Control Points, Staking &
Cut Sheets
• Daily Reports
• Monthly Pay Quantity Calculations
• Monthly Progress Reports
• Meeting Agendas and Minutes
• Materials / Acceptance Testing
• Certified QA Test Results
• Photographs / Videos
• Utility Coordination
• Contractor Employee EEO interviews
• Contractor DBE Utilization Report
• Punch List
• Quality Assurance
• SWPPP Compliance / BMP Inspection
• Safety Requirements
• Daily and Weekly Reports
• CPM Scheduling
• Construction Change Order Review
• Construction Claims Mitigation
• Project Documentation Processing
• Communication / Interface
with Stakeholders
• Environmental Compliance / Mitigation
• Right-of-Way Compliance
• Monthly Progress Estimates & Invoices
• Labor Compliance

23 CITY OF YORBA LINDA
Construction Management, Materials Testing, and Inspection Services for Lakeview Avenue Widening Between Oriente Drive and Bastanchury Road Submittal Management Review: Fountainhead is in the habit of turning around submittals, especially those on the critical path, within a few days, if possible. This serves two purposes: first, it gives the City, City-owned-float for the CPM schedule, which may be used later or to mitigate potential days that would be allowed to the Contractor for a contract change order; second, it helps finish the project early. Our database tracking is used to log and manage all submittals such as shop drawings, mix designs SWPPP, CPM baseline and updates, permits, and demo plans. Our P6 approach also keeps the contractor informed that a submittal is soon to be due and is expected. Fountainhead’s pre-developed list of required submittals provides early notifications.

Request for Information Management Review: RFIs are evaluated to determine if a response from the field team is possible. When the RFI has no impact to schedule, budget, or quality of along the way, the RFIs are tracked in our system so responses are available for team review as soon as possible. Responses are expedited to avoid Contractor delays. To keep RFIs moving towards resolution, a status review is performed in our weekly job site meeting. Resolution of RFIs by the field staff helps keep projects within budget and schedule. Timely submittal processing is essential in assisting the Contractor in keeping on schedule. This allows early acquisition of materials and other offsite procurements, so materials are available when required. We develop a list of required submittals early, and regularly compare our list to that of the Contractor to make sure all items are identified with anticipated delivery/completion dates denoted on our schedule. A distribution list is used to verify key staff have reviewed and accepted key submittals. Our database is used to log and manage the shop drawings and sample/submittal process, allowing review of submittal status during the weekly progress meeting.

Schedule Control: Schedule control is a critical on-going task which begins with the baseline schedule. Our team utilizes several tools for schedule control as described herein.

Base-Line Schedule Review: Javier reviews the contractor’s initial baseline schedule to make sure it is reasonable, practical, and includes a comprehensive plan for accomplishing the work. Javier verify whether the contractor has provided the appropriate schedule to interface with other activities, such as submittal reviews, material deliveries, traffic management, and agency reviews. If the initial submittal is not acceptable, we work with the contractor to develop a schedule that is achievable and meets contract requirements.

Monthly Schedule Updates: Javier reviews the contractor’s schedule updates for accuracy and runs claim digger reports to compare with previous approved schedule update and verify the schedule is not being manipulated. We run reports based on the monthly update that indicate activities that have not started by their early start date, allowing us to discuss methods of recovering lost days.
3-Week Look Ahead Schedule: Javier tracks the contractor's progress using the start and finish dates shown on the 3- week look-ahead schedule submitted by the contractor each week and compares it with the monthly schedule update. The actual dates on the 3-week look head schedule are verified against inspector diaries. Any discrepancies in start and finish dates between the 3-week look-ahead schedule, monthly schedule updates, and inspector diaries are discussed during monthly schedule review meetings with a strategy to manage the project within contract duration.

Document Management System: Fountainhead personnel provide an electronic, cloudbased Construction Management System (CMS), or we can use an Oracle/Primavera system that tracks and analyzes the schedule, budget, cost- to-date, and change order information for Javier Soto, PE. Aycan Kara will establish and maintain a filing system, in hard and electronic copy using Caltrans Construction Manual as guidelines to make sure there is compliance with state funding requirements for this project. On a weekly basis, Aycan uploads electronic data documentation to the City's Major Projects Portal. Submittals and RFI logs are developed and maintained, and all RFIs and submittals are logged and tracked in accordance with when it was received and returned to the Contractor for disposition and response status.

Communications and Correspondence: We have prepared a communication protocol as approved by the City.

Fountainhead logs all communication, provide timely responses as stated by the communication protocol, seek approval from the City as appropriate, certify contract compliance, and communicate all submittals. Typically, such correspondence is logged in Category 5 of the Caltrans Filing System. All correspondence from and to the Contractor and others are filed electronically in CMS and made available anytime for review by the City.

24 CITY OF YORBA LINDA
Construction Management, Materials Testing, and Inspection Services for Lakeview Avenue Widening Between Oriente Drive and Bastanchury Road Progress Reporting and Daily Reports: The Fountainhead team provide the City with project status reports on a weekly and monthly basis and as requested by the City. The weekly reports provide a summary of the activities completed the previous week, ongoing activities for the current week and scheduled activities for the following week.

This report also includes any field conflicts and issues that may have arisen during the week. The monthly construction management reports describe the status of the project’s budget, schedule, submittals, change orders, claims in process and current and anticipated work progress. Project inspectors are required to complete daily inspector reports (DIRs) within a 24-hour period of witnessing the work performed. These DIRs include field activities; which are tracked by contract bid item, labor, and equipment; a narrative of the work; and related photographs. Each report is signed by the inspectors and then reviewed and signed and reviewed by the Senior Resident Engineer / Construction Project Manager.

Project Changes and Construction Change Order Management: Requested changes must be reviewed and evaluated for merit. Our review also assesses the impacts to project schedule and budget (independent cost estimates or [ICEs]), and we advise the City with a recommendation of findings. On conceptual approval as to merit, we negotiate these changes with the Contractor and submit these negotiated change requests to the city construction Manager for concurrence approval.

Recommendations regarding change order cost and schedule impacts are based on independent cost estimates developed concurrently with the Contractor’s request and include a record of negotiations. This may also include a schedule fragment analysis using Primavera P6 to manage progress recovery associated with the requested change.

Material Testing: We will manage the required soils and materials testing through our Materials Testing subconsultant and inspections to determine materials incorporated into the project are procured, installed and tested, as well as modified (if necessary) so they conform to the contract documents and applicable codes, standards, procedures and processes. Sampling and testing activities will be conducted in accordance with applicable testing guidelines. We will also maintain testing summaries to confirm that all unacceptable work is recorded and corrected prior to the contractor placing new work on nonconforming work. We will test materials as necessary per the project plans, specifications, and the City’s requirements.

Public Relations: The Fountainhead Corporation Outreach team looks forward to supporting the City of Yorba Linda on the LAKEVIEW AVENUE WIDENING BETWEEN ORIENTE DRIVE AND BASTANCHURY ROAD. We bring Public Relations Representative, Claudia Mejia, who has more than 16 years of experience and expertise in all aspects of public and community outreach practices, including developing and implementing successful comprehensive communications and community outreach plans through our golden rule that an informed public is generally a cooperative public, as well as through our guiding principle to disseminate accurate, timely and reliable project information for public support. Claudia has worked on similar projects such as on the following:
- Caltrans District 7 - On-Call Public Awareness, Interstate 5 (I-5) North Segment from SR-134 to Kern County Line, I-5 South Segment from Orange County Line to I-605, US 101 Carpool Lane Improvement Project from Mobil Pier Undercrossing to Casitas Pass Road
- City of San Diego - University Avenue Pipeline Replacement Project (Design and Construction Phases) - City of San Diego - Sewer & Water Group 799
Claudia is familiar with the outreach practices and requirements related to impacts to the community due to street widening and mainline sewer extension and lateral construction improvements/activities such as:
◊ TCEs (Temporary Construction Easements) ◊ Temporary partial/full street closures & related detours ◊ Access to private driveways and at intersections and temporary sidewalk inaccessibility ◊ Noise ◊ Dust ◊ Vibration ◊ Utility Impacts: Electrical and Water services ◊ Daytime and nighttime construction work hours ◊ Impacts to homes and driveways Claudia has worked together with various clients and has sharpened her experience and expertise with developing and implementing successful comprehensive communications plans, which require the following key elements for successful outreach implementation:

1. Project Messaging

2. TCEs (Temporary Construction Easements)

3. Project Branding and Identity

4. Collateral Material

5. Project Meeting Attendance and Participation

6. Communication Tools & Record Keeping

7. Cost Effective Elements
Project Messaging: The Fountainhead outreach team understands that a successful outreach plan starts with the correct Project Messaging, which is normally developed by including key project information to generate public support, such as communicating the

25 CITY OF YORBA LINDA
Construction Management, Materials Testing, and Inspection Services for Lakeview Avenue Widening Between Oriente Drive and Bastanchury Road project need and the project benefits (this information is a great foundation for the development of the project factsheet and FAQs documents):

Project Need: Improve street capacity and flow due to single travel lanes in each direction of Lakeview Avenue. • Project Benefit: The project will add a second travel lane in each direction of Lakeview Avenue with a two-way turn lane in the median. Additionally, a new sidewalk, retaining wall construction and reconstruction of various existing improvements on private properties will also be carried out.

TCEs (Temporary Construction Easements): Claudia gladly brings to the City of Yorba Linda a full spectrum of Right-of-Way and TCEs knowledge and support having provided this service during the Caltrans District 7 On-Call Public Awareness contract for I-5. Over a period of several years, Claudia provided Right of Way and TCEs support services for 16 projects on the I-5 corridor between the LA/OC County Line and I-605 and between the City of Glendale and the Kern County Line. Communication between all key parties involved in this process is essential to ensure that the needs of the City, the Contractor and the stakeholders holding TCE contracts are being successfully met with little to no inconvenience; this will help ensure the project progresses smoothly and in a timely manner. Below are the steps we will implement to successfully provide the support needed to the City for this portion of stakeholder outreach.

Fact sheet: Contains the project schedule, project improvements, benefits of the project, project cost and project contact information.

Labor Compliance: We will bring Ramon Carlos as our Labor Compliance officer for this project. Ramon has over 20 years of experience as a Labor Compliance officer and is familiar with all the requirements for a public works project similar to the Lakeview Avenue Improvements Project.

Post Construction Phase Activities
Field Inspection and Punch List: As a project nears completion Fountainhead staff walks the project and document all items of work that have yet to be completed as required in the contract documents. An itemized punch list of outstanding items is developed and handed over to the Contractor to be addressed. After the Contractor has completed all the items on the punch list, a final walk- through of the project site is conducted. If the City is satisfied that all the items on the punch list have been addressed, then the Contractor is given a letter of acceptance, and final payment is authorized. Fountainhead staff coordinates with all project stakeholders during final inspections to obtain their acceptance of the improvements as required by the City.

As-Builts: The Fountainhead Team maintains a full-size set of project plans for as-built purposes. These as-built plans are modified to reflect what was constructed and include any authorized field modifications by the design engineer, as well as any modifications due to approved change orders. All modifications are noted in red and, upon acceptance of the contract, are submitted to the City's Design Consultant for incorporation into the final as-built plans.

Project Close-Out: Upon completion of the work and after all items on the punch list have been addressed, our Team issues a letter of acceptance and formally relieves the Contractor of any further responsibility for the project. Project close-out phase includes:
(1) Resolving any outstanding claims and providing supporting information, (2) Recommending approval of the final payment to the Contractor to the City, (3) Ensuring that all liens on the project by the Contractor or Subcontractors have been released. (4) Archiving all project records, including final materials certification. (5) Prepare project close out documents for Caltrans approval. (6) Assist the City staff during any audit performed by state or federal agencies. (7) Perform 1-year warranty inspection 1 month before it is due and create a comprehensive punch list and follow up with the contractor and Caltrans to ensure the punch list items are adequately addressed to the satisfaction of Caltrans and the City.

The Fountainhead Team prepares project close-out reports per City Standards and Caltrans Local Assistance Manual to meet all funding requirements.

Post-Construction Deliverables
• As-built Plans
• Project Acceptance
• Final Project Completion Reports
• RE’s Material Certification
• Final Environmental Report
• Complete Set of Files

CITY OF YORBA LINDA
Construction Management and Inspection Services for
Lakeview Avenue Widening Between Oriente Drive and Bastanchury Road 26 Project Controls
The Fountainhead Team must deliver auditable, reliable records and budget forecasts. Each of the stakeholders with a financial interest in the project will be watching the developments closely. Working with the City we will develop and provide a monthly progress report on the financial status of the project. This monthly report will contain the current budget and schedule status. The construction expenditures are generated in the items of work which are measured and recorded and reviewed by the field team in the monthly progress pay estimates. Change orders, both actual and anticipated, must also be accurately tracked. This data will feed the overall budget review of the project each month that accounts for the cumulative progress payments, expenditure forecasts and anticipated total project cost.

To manage costs and budget, project issues not identified in the plans are where the budget and expenditure changes occur. Issue resolution will be every team member’s responsibility, particularly the inspectors in the field as this is the least expensive place to solve a problem. This will assist in keeping the project within budget and schedule because problems are not hidden, and impacts can be anticipated in advance.

Each progress payment is linked to the previous payment, and we verify that the contractor only receives payment for pay items or change order extra work bills to which the contractor is entitled. Likewise, we will review certified payrolls, DBE reports and EEO records to monitor labor compliance. We will also review progress reports, lien waivers, inventory of materials on- hand, quantity surveys, and monthly schedule updates. Retention and other applicable deductions are reviewed to verify they are properly recorded on each progress pay estimate.

Effective change order administration is essential for controlling the cost and schedule.

The goal is to provide timely response to the contractor while assuring that the costs of changes are fair and reasonable to the City and the contractor. Issues may arise that have the potential for leading to claims. We minimize and avoid potential disputes by staying involved with the project and listening to the concerns of all project stakeholders. We also recognize the importance of maintaining proper documentation pertaining to any dispute. If a dispute and/or a claim become an issue, we will review the dispute or claim, determine additional analysis to be performed, and provide recommendations to the City. We have a history of resolving issues prior to completion of the project, and we are skilled at examining issues along with related specifications and maintaining detailed project documentation which mitigates potential claims from the contractor.

These prudent efforts of cost estimating translate into our construction Project Controls.

We establish and maintain the monthly estimates. This includes change order logs, estimate and item overruns, and we make certain that potential change orders have been assigned an adequate dollar amount and not underestimated.

These logs list change orders in the body of the monthly estimate to have a running total of all costs. We assist in facilitating payment on materials on-hand to be reflective of the material used. As the project progresses, contractor payment requests are reviewed and compared against the schedule to verify that the amounts requested are appropriate for the work that has been put into place in the required time frames.

Through the use of a cost-loaded schedule, Fountainhead can accurately determine the value of work in place and make certain that all payments are commensurate with the monthly payment requisitions. Actual project expenditures and anticipated project costs are compiled in a detailed cost report, and, along with an updated project schedule, tracking logs and copies of all meeting minutes, are summarized in monthly reports and submitted to the City.

Fountainhead’s Cost Control Plan
Includes:
• Reviewing Plans and Specifications
• Preexisting Condition Photo Log
• Determining scope
• Schedule Controls
• Establishing Milestones
• Providing Expert staffing
• Budget Controls
• Document Controls
• Communication plan
• Feedback Meetings
• Neighborhood Friendly
Construction Practices

27 CITY OF YORBA LINDA
Construction Management, Materials Testing, and Inspection Services for Lakeview Avenue Widening Between Oriente Drive and Bastanchury Road Partnering with the Contractor brings ideas to expedite completion of the project on time, and possibly early, and to explore any potential value engineering costs proposals (VECPS). Additionally, we make sure all certificates of compliance for material have been submitted on time and all asphalt concrete (AC) and Portland Concrete Cement (PCC) records are in the file and validated.

Quality Control
Fountainhead considers Quality Control as the backbone of the services it provides.

Fountainhead has developed an internal Quality Assurance/ Quality Control (QA/QC) system that is implemented on all projects. Implementation of this system has resulted in all Fountainhead Construction Managers managing construction projects successfully pas sing federal and state audits for funding reimbursement and timely closeout with project agencies.

Each project team member is responsible for quality assurance and quality control; it does not lie on one individual. Each member of the construction management team is responsible for reviewing their documentation on a consistent basis and adhering to the procedures and requirements set forth in the Caltrans LAPM. For each project, Fountainhead designates a QA/QC Manager that is responsible for performing independent reviews of the project records and project site to assure compliance with the contract documents. Our QA/QC program will commence at the start of the project with the preparation of Project Management Plan PMP and QC/QA Plan. The plan will contain detailed guidance for all staff regarding quality procedures and guidelines for all phases of this project. Victor Valdovinos will work closely with our corporate QA/QC expert to develop a PMP and Quality Management Plan tailored for this project.

We monitor and maintain quality in three main areas
during the construction of your projects. We ensure
certification of materials inspectors and testers. Our
inspectors and testers are currently certified in the
required tests for the project. We maintain a
spreadsheet of all personnel and their certifications
and expiration dates. If re-certification is required, we ensure that it occurs in a timely manner. If an
inspector or tester is not certified for a particular test, we train and certify the individual for that test, so the person can be more valuable and flexible to the
team.

During construction, we frequently monitor the
quality control testing. If failed tests or other
indications of problems occur, we work with the
construction contractor to solve the issue. We can assure the City of Yorba Linda that timely corrective action occurs, and failed tests are reconciled. In addition to the Account Manager, our Quality Control Officer visits each of our projects periodically to check diaries and pay quantity documents. The diaries are checked for complete information. Complete information protects the City of Yorba Linda in the event of an incident on the project. The diary contains sufficient information to facilitate adjustment of items and support the City of Yorba Linda in the resolution of claims. Pay quantity documents are checked to assure proper calculation and checking is performed. Pay quantity documents are compared to Material Release forms, such that payments are made only for released material. Contract Change Order payments is checked to ensure that they concur with the change order. Fountainhead assures that all local, state, and federal safety rules and regulations are always enforced.

Construction Management Phase Quality Assurance Plan: The Construction Management QA/QC phase activities will follow typical construction phase activities including comprehensive reviews, inspection, testing, monitoring and documentation of all construction phase tasks by the selected Contractor.

Our quality
program starts
with selecting the
right people with
the proper training
and experience.

28 CITY OF YORBA LINDA
Construction Management, Materials Testing, and Inspection Services for Lakeview Avenue Widening Between Oriente Drive and Bastanchury Road Inspection and Testing: Fountainhead will confirm the quality of performance and the workmanship and material incorporated into the project. Inspection task will include a combination of full-time inspection, periodic inspection and audit and verification of testing or certificates of compliance by others. Periodic inspection and audits will provide confirmation that the completed work item conforms to contract requirements through periodic review of the construction activities as they proceed. The testing being performed both on-site and off-site, and confirmation of the test results and back-up documentation (for example, certificates of compliance, concrete tickets, etc.) will be audited. The frequency will depend on the operation, and at times will include, but will not require, full time inspection to verify the quality of the finished product. A detailed program listing all construction activities and the frequency and types of inspection will be prepared as part of the project specific Construction Management Plan.

Quality Control: This task includes standard QA/QC procedures for actions and inspections performed by Fountainhead staff. Full documentation will be provided for each construction phase task in accordance with internal and City standard construction inspection procedures.

Quality Assurance: Fountainhead will provide Independent Quality Assurance staff to provide documented acceptance testing, benchmark inspection at production “hold points”; and continuous inspection of critical activities to assure that contract requirements are met.

Oversight Quality Assurance: Those actions performed by the City to verify satisfactory actions by all parties noted above. Javier will be responsible for maintaining the overall construction quality assurance program, and is responsible for managing the Construction Engineering, Inspection and Testing staff. His responsibility includes appropriate documentation and record keeping in accordance with Caltrans Construction Manual and Contract requirements, and coordination with Contractor and City Oversight.

He will be the single point of contact with the City’s Project Manager and the Contractor's Construction Managers.

Fountainhead Administrative Support Staff will report to the Project / Construction Manager and is responsible for maintaining complete construction records and for providing coordination with the City, Stakeholders, and the public. Fountainhead’s Team of inspectors and testers will report directly to the Resident Engineer. These individuals will be responsible for maintaining correct, accurate and detailed Daily Records for their assigned construction activities.

Fountainhead will prepare a Construction Quality Management Plan that documents quality control and assurance procedures as they relate to construction. The Construction Quality Management Plan will ensure all state, federal, and local standards are met, as well as the specific requirements of the Contract and the environmental documents. Our team will implement the following Quality Control/Quality Assurance Work plan to ensure the project is controlled from these various stakeholder perspectives.

REQUIRED FORMS

29 CITY OF YORBA LINDA
Construction Management, Materials Testing, and Inspection Services for Lakeview Avenue Widening Between Oriente Drive and Bastanchury Road

30 CITY OF YORBA LINDA
Construction Management, Materials Testing, and Inspection Services for Lakeview Avenue Widening Between Oriente Drive and Bastanchury Road

31 CITY OF YORBA LINDA
Construction Management, Materials Testing, and Inspection Services for Lakeview Avenue Widening Between Oriente Drive and Bastanchury Road

32 CITY OF YORBA LINDA
Construction Management, Materials Testing, and Inspection Services for Lakeview Avenue Widening Between Oriente Drive and Bastanchury Road

33 CITY OF YORBA LINDA
Construction Management, Materials Testing, and Inspection Services for Lakeview Avenue Widening Between Oriente Drive and Bastanchury Road

7950 Cherry Avenue
Suite 103
Fontana, California 92336
909.730.4913

COST PROPOSAL TO

CITY OF YORBA LINDA
FOR
Construction Management, Materials
Testing, and Inspection Services
FOR
Lakeview Avenue Widening
Between Oriente Drive and
Bastasnchury Road
May 15, 2025
Prepared by

OTHER
Prime Consultant Team - PROJECT FEE BY TASK BY PERSONNEL Task/Phase
No. Task Description
Project
Director/Point of
Contact
Project
Manager / CM / RE
Construction Inspector
Construction Inspector /
Office Engineer
Public Relations /
Community Outreach
Title Title Title Title Title
QA/QC
Clerical /
Administrative
Burdened Hourly Rate $ - $ 180.00 $145.00 $145.00 $ 130.00 $ - $ - $ - $ - $ - $ - $ - Task 1.1 Project Meetings 8 4 4 4 20 $ 3,120.00 $ - $ - $ 3,120.00 Task 1.2 Progress Reporting 4 4 $ 720.00 $ - $ - $ 720.00 Task 1.3 Project Management Plan 4 4 $ 720.00 $ - $ - $ 720.00 SUBTOTAL 0 16 4 4 4 0 0 0 0 0 0 0 28 $ 4,560.00 $ - $ - $ - $ - $ 4,560.00 Task 2.1-3 Roadway Construction Inspection 180 800 0 980 $ 148,400.00 $ - $ - $ 148,400.00 F Construction Observation / Materials Testing 0 $ 38,418.00 $ 38,418.00 SUBTOTAL 0 180 800 0 0 0 0 0 0 0 0 0 980 $ 148,400.00 $ 38,418.00 $ - $ - $ - $ 186,818.00 Phase A Public Right-of-Way 0 $ - $ - $ - $ - $ -
Phase B Public Buildings 0 $ - $ - $ - $ - $ -
Phase C Parks 0 $ - $ - $ - $ - $ -
SUBTOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - Phase A Public Right-of-Way 0 $ - $ - $ - $ - $ -
Phase B Public Buildings 0 $ - $ - $ - $ - $ -
Phase C Parks 0 $ - $ - $ - $ - $ -
SUBTOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - Task 5.1 Development of Public Outreach Plan 40 40 $ 5,200.00 $ - $ 5,200.00 Task 5.2 Attendance of Virtual/In-Person Public Outreach Meetings 40 40 $ 5,200.00 $ - $ 5,200.00 SUBTOTAL 0 0 0 0 80 0 0 0 0 0 0 0 80 $ 10,400.00 $ - $ - $ - $ 10,400.00 Phase A Public Right-of-Way 0 $ - $ - $ - $ - $ -
Phase B Public Buildings 0 $ - $ - $ - $ - $ -
Phase C Parks 0 $ - $ - $ - $ - $ -
SUBTOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - Phase A Public Right-of-Way 0 $ - $ - $ - $ - $ -
Phase B Public Buildings 0 $ - $ - $ - $ - $ -
Phase C Parks 0 $ - $ - $ - $ - $ -
SUBTOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - Task 8.1 Project Close Out 30 30 60 $ 9,750.00 $ - $ - $ 9,750.00 SUBTOTAL 0 30 30 0 0 0 0 0 0 0 0 0 60 $ 9,750.00 $ - $ - $ - $ - $ 9,750.00 PHASE A SUBTOTAL (Tasks 3, 4, 6, & 7) 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - PHASE B SUBTOTAL (Tasks 3, 4, 6, & 7) 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - PHASE C SUBTOTAL (Tasks 3, 4, 6, & 7) 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ - $ - $ - $ - TOTAL Fee 0 226 834 4 84 0 0 0 0 0 0 0 1,148 $ 173,110.00 $ 38,418.00 $ - $ - $ - $ 211,528.00 Fountainhead's cost proposal rates are guaranteed for the term of the agreement (if awarded the contract).

TASK 6: DATABASE
TASK 7: PRELIMINARY COST ESTIMATES
TASK 8: POST CONSTRUCTION PHASE
Discipline 2 (Ex. Structural, etc.) if applicable

TOTAL FEE
Sub Consultant 3

TOTAL FEE
Sub Consultant 2/
Discipline 2

TOTAL PROJECT
FEE
(Labor and Direct
Costs)
TASK 1: PRE-CONSTRUCTION PHASE
TASK 2: CONSTRUCTION PHASE
TASK 3: FIELD SURVEY AND SELF EVALUATION
TASK 5: PUBLIC OUTREACH

TOTAL FEE
Prime Consultant Name

TOTAL FEE
Sub Consultant 1/
Discipline 1
(Ex. Geotechnical)

LABOR/PERSONNEL COSTS

TOTAL HOURS

PRIME CONSULTANT

TOTAL FEE
Other Reimbursable Costs
Discipline 1 (Ex. Civil, etc.)
Prime Consultant Name - Detailed Labor and Fee Breakdown City of Yorba Linda
Lakeview Avenue Widening Between Oriente Drive and Bastasnchury Road Construction Management, Materials Testing and Inspection Services for

SECTION V - SAMPLE COMPENSATION/PAYMENT FEE SCHEDULE

Field Technician
Subgrade and Agg. Base - Sampling and Denstiy Testing 80 hours @ 130.00$ /hour $ 10,400.00 Trench Back Fill - Sampling and Density Testing 24 hours @ 130.00$ /hour $ 3,120.00 AC - Sampling and Density Testing 20 hours @ 130.00$ /hour $ 2,600.00 Field Technician (ACI) - Concrete Sampling and Testing 20 hours @ 130.00$ /hour $ 2,600.00 Special Inspector - Masonry Observations Sampling & Testing 40 hours @ 135.00$ /hour $ 5,400.00 Sample Pick-up 10 hours @ 120.00$ /hour $ 1,200.00
Subtotal $ 25,320.00
Backfill, Aggregate Base and Subgrade Materials
Proctor Max Density, D 1557, D698 4 tests @ 220.00$ /test $ 880.00 Sieve Analysis, D 6913, CT 202 2 tests @ 145.00$ /test $ 290.00 Sand Equivalent, D 2419, CT 217 2 tests @ 125.00$ /test $ 250.00 Durability Index, CT 229 1 test @ 205.00$ /test $ 205.00 R-Value, D 2844, CT301 1 test @ 375.00$ /test $ 375.00
Asphalt Concrete (AC) Materials
Hveem Stability and Unit Weight, D 1560, CT 366 3 tests @ 225.00$ /test $ 675.00 Extraction, % Asphalt incl. Gradation - D 2172, CT382 3 tests @ 250.00$ /test $ 750.00 Concrete Material $ -
Concrete Compressive Strength, C39 20 tests @ $ 35.00 /test $ 700.00 Masonry Grout Compresive Strength, C39 8 tests @ $ 45.00 /test $ 360.00 Masonry Mortar Compressive Strength, C109 9 tests @ $ 35.00 /test $ 315.00 Subtotal $ 4,800.00
Field Vehicle Usage 194 hours @ $ 15.00 /hour $ 2,910.00 Field Equipment Usage 194 hours @ $ 12.00 /hour $ 2,328.00 Subtotal $ 5,238.00
Principal Engineer/Geologist/Environmental Scientist 2 hours @ 250.00$ /hour $ 500.00 Senior Project Engineer/Geologist/Environmental Scientist 10 hours @ 220.00$ /hour $ 2,200.00 Geotechnical/Environmental/Assistant 3 hours @ 120.00$ /hour $ 360.00 Subtotal $ 3,060.00
TOTAL ESTIMATED FEE $ 38,418.00
Table 1 – Breakdown of Estimated Fee
Project Coordination, Management and Technical Support
Field Services
Laboratory Testing
Reimbursables
Ninyo & Moore | City of Yorba Linda – Lakeview Widening | 04-4954 | CA16 | May 9, 2025 1

Ninyo & Moore | City of Yorba Linda – Lakeview Widening | 04-04954 | May 9, 2025 CA16 PW Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist.............................................. $ 250 Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 235 Senior Project Engineer/Geologist/Environmental Scientist................................................................................... $ 220 Project Engineer/Geologist/Environmental Scientist............................................................................................... $ 210 Senior Staff Engineer/Geologist/Environmental Scientist....................................................................................... $ 200 Staff Engineer/Geologist/Environmental Scientist................................................................................................... $ 180 GIS Analyst.............................................................................................................................................................. $ 160 Technical Illustrator/CAD Operator ......................................................................................................................... $ 140 Field Staff
Certified Asbestos/Lead Technician........................................................................................................................ $ 220 Field Operations Manager....................................................................................................................................... $ 150 Nondestructive Examination Technician (UT, MT, LP)........................................................................................... $ 145 Supervisory Technician ........................................................................................................................................... $ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)............................................ $ 135 Senior Technician.................................................................................................................................................... $ 135 Technician................................................................................................................................................................ $ 130 Administrative Staff
Information Specialist .............................................................................................................................................. $ 120 Geotechnical/Environmental/Laboratory Assistant ................................................................................................. $ 120 Data Processor........................................................................................................................................................ $ 95 Other Charges
Concrete Coring Equipment (includes technician).............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment................................................................................................................................................... $ 180/hr State of California Prevailing Wage Surcharge................................................................................................... $ 30/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer)............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 15/hr X-Ray Fluorescence............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................ $ 25/hr Air Sampling Pump.............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Equipment $ 15/hr
Expert Witness Testimony................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.

Notes
Our field services, are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours. Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.

Field services that may be subject to prevailing wage in accordance with AB 1768 and Prevailing Wage Determinations, will be subject to a prevailing wage surcharge as shown in our Schedule of Fees. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.

Ninyo & Moore | 2024 Laboratory Testing
Schedule of Fees for Laboratory Testing

SOILS CONCRETE
Atterberg Limits, D 4318, CT 204..............................................................$ 170 Compression Tests, 6x12 Cylinder, C 39 ...................................................$ 35 California Bearing Ratio (CBR), D 1883....................................................$ 550 Concrete Mix Design Review, Job Spec.....................................................$ 300 Chloride and Sulfate Content, CT 417 & CT 422 .....................................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 Consolidation, D 2435, CT 219..................................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 .......................$ 120 Consolidation, Hydro-Collapse only, D 2435............................................$ 150 Drying Shrinkage, C 157..............................................................................$ 400 Consolidation – Time Rate, D 2435, CT 219............................................$ 200 Flexural Test, C 78 .......................................................................................$ 85 Direct Shear – Remolded, D 3080 ............................................................$ 350 Flexural Test, C 293 .....................................................................................$ 85 Direct Shear – Undisturbed, D 3080 .........................................................$ 300 Flexural Test, CT 523...................................................................................$ 95 Durability Index, CT 229.............................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI................$ 275 Expansion Index, D 4829, IBC 18-3..........................................................$ 190 Lightweight Concrete Fill, Compression, C 495 .........................................$ 80 Expansion Potential (Method A), D 4546..................................................$ 170 Petrographic Analysis, C 856 ......................................................................$ 2,000 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation ..................................$ 450 Hydraulic Conductivity, D 5084..................................................................$ 350 Splitting Tensile Strength, C 496.................................................................$ 100 Hydrometer Analysis, D 6913, CT 203......................................................$ 220 3x6 Grout, (CLSM), C 39 .............................................................................$ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils ...........................$ 120 2x2x2 Non-Shrink Grout, C 109 .................................................................$ 55 Moisture Only, D 2216, CT 226 .................................................................$ 35 Moisture and Density, D 2937 ...................................................................$ 45 ASPHALT Permeability, CH, D 2434, CT 220 ............................................................$ 300 Air Voids, T 269 ............................................................................................$ 85 pH and Resistivity, CT 643.........................................................................$ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality).............................$ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180........................$ 220 Asphalt Mix Design Review, Job Spec .......................................................$ 180 Proctor Density with Rock Correction D 1557 ..........................................$ 340 Dust Proportioning, CT LP-4........................................................................$ 85 R-value, D 2844, CT 301 ...........................................................................$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 Sand Equivalent, D 2419, CT 217.............................................................$ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 Sieve Analysis, D 6913, CT 202................................................................$ 145 Film Stripping, CT 302..................................................................................$ 120 Sieve Analysis, 200 Wash, D 1140, CT 202.............................................$ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .........................$ 225 Specific Gravity, D 854...............................................................................$ 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 Thermal Resistivity (ASTM 5334, IEEE 442)............................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 Triaxial Shear, C.D, D 4767, T 297 ...........................................................$ 550 Moisture Content, CT 370............................................................................$ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................$ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt.......................$ 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 150 Triaxial Shear, U.U., D 2850......................................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality)..................$ 4,900 Unconfined Compression, D 2166, T 208.................................................$ 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308.............................................$ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67............$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 90 Brick Compression Test, C 67...................................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ....................................................$ 90 Brick Efflorescence, C 67...........................................................................$ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67.................................................................$ 50 Brick Moisture as received, C 67...............................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67..............................................................$ 60 Clay Lumps and Friable Particles, C 142 ...................................................$ 180 Concrete Block Compression Test, 8x8x16, C 140 .................................$ 70 Cleanness Value, CT 227............................................................................$ 180 Concrete Block Conformance Package, C 90..........................................$ 500 Crushed Particles, CT 205...........................................................................$ 175 Concrete Block Linear Shrinkage, C 426..................................................$ 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 Concrete Block Unit Weight and Absorption, C 140 ................................$ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 Cores, Compression or Shear Bond, CA Code........................................$ 70 Flat and Elongated Particle, D 4791 ...........................................................$ 220 Masonry Grout, 3x3x6 prism compression, C 39 .....................................$ 45 Lightweight Particles, C 123 ........................................................................$ 180 Masonry Mortar, 2x2 cube compression, C 109.......................................$ 35 Los Angeles Abrasion, C 131 or C 535.......................................................$ 200 Masonry Prism, half size, compression, C 1019 ......................................$ 120 Material Finer than No. 200 Sieve by Washing, C 117..............................$ 90 Masonry Prism, Full size, compression, C 1019 ......................................$ 200 Organic Impurities, C 40 ..............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 Chemical Analysis, A 36, A 615.................................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 Fireproofing Density Test, UBC 7-6 ..........................................................$ 90 Sand Equivalent, T 176, CT 217 .................................................................$ 125 Hardness Test, Rockwell, A 370 ...............................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................$ 145 per assembly, A 325 .............................................................................$ 150 Sodium Sulfate Soundness, C 88 ...............................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI................................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .........................$ 115 Pre-Stress Strand (7 wire), A 416..............................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ..............................$ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706......................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .........................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI.......................$ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................$ 250 Special preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.

7950 Cherry Avenue
Suite 103
Fontana, California 92336
909.730.4913

PUBLIC WORKS DEPARTMENT
DATE: JULY 15, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., PUBLIC WORKS DIRECTOR, CITY ENGINEER PREPARED BY: REGINA HU, P.E., PRINCIPAL CIVIL ENGINEER
SUBJECT: REPLACE SECURITY BONDS FOR PARCEL MAP 2005-135 YORBA VISTA DEVELOPMENT (SEPULVEDA BUILDERS, INC. AND GEORGE

AND JOAN ADAMS)

RECOMMENDATION
It is recommended that the City Council authorize the City Clerk to:
(1) Accept the replacement street improvement bonds for Parcel Map 2005-135 posted by four (4) Yorba Vista Homeowners (Yorba Vista HOA); and (2) Release the remaining securities deposited by Sepulveda Builders, Inc. and George and Joan Adams (Sepulveda) as outlined herein.

BACKGROUND
The four (4) homeowners of Yorba Vista Development (Avisetti, Wu, Lee, and Zhou collectively referred to as “Homeowners”) purchased Parcel Map 2005-135 from Sepulveda Builders and George and Joan Adams between 2018 to 2022. As part of the purchase, the Homeowners are obligated to replace the improvement securities for the development that was posted by the prior owner. The four lots of Parcel Map 2005-135 have been assigned addresses as follows:
 Lot 1: 4991 Yorba Vista (Owned by: Medha and Sri Harsha Avisetti)  Lot 2: 4980 Yorba Vista (Owned by: Yi-Hsiang Wu, aka “Straight Forward, Inc”)  Lot 3: 4970 Yorba Vista (Owned by: Wing Kee Vikki Lee and Yi-Hsiang Wu)  Lot 4: 4960 Yorba Vista (Owned by: Xue Wei Zhou)
In June 2007, improvement security bonds were required by Sepulveda Builders and George and Joan Adams with the subdivision improvement agreement for the improvements associated with Parcel Map 2005-135. Per Section 17.16.040 of the City’s Municipal Code, the City Council may release a portion of the security, upon request by the developer, in conjunction with acceptance of the corresponding amount of completed work. A substantial number of improvements that were constructed by Sepulveda Builders and George and Joan Adams, were completed and original deposited securities were reduced over the

R E P L A C E S E C U R I T Y B O N D S F O R P A R C E L M A P 2 0 05 - 1 3 5 Y O R B A V I S T A D E V E L O P M E N T ( S E P U L V E D A B U I L D E R S , I N C . A N D

G E O R G E A N D J O A N A D A M S)
P a g e | 2
years. However, the original developer experienced financial difficulties in the 2010-2013 timeframe and has yet to address the City’s punch list items for Parcel Map acceptance and all conditions of approval. Given the lapse of time during the dormant period of development, most of the improvements are in disrepair due to lack of use and normal wear. The new homeowners have obtained a designer to redesign the obligated improvements and have posted new bonds for the reconstruction of the private Yorba Vista cul-de-sac and other incidental work. Only when the street improvements are completed and accepted to the satisfaction of the City can the homeowners start the approval process for their homes.

DISCUSSION
The original subdivision improvement agreement obligated Sepulveda Builders and George and Joan Adams to post a security and complete certain public and private improvements for Parcel Map 2005-135. Upon inspection of the improvements and review of the Engineer’s cost estimate, the replacement bond amounts are sufficient to cover the remaining work.

However, the remaining work will be bonded at different amounts than the remaining securities by the original developer to ensure the completion of improvements and any additional repairs that may be needed. Homeowners are offering replacement bonds in the form of a cashier’s check for Parcel Map 2005-135 in the amounts summarized below to complete street improvements that are identified in the subdivision agreement and accepted improvement plans.

Release Sepulveda Builders/George and Joan Adams’ Remaining Securities Bond No. Original Amount Current Amount
Faithful Performance 586552S $70,213.00 $70,213.00
Labor and Materials 586552S $70,213.00 $70,213.00
Monumentation 586553S $2,500.00 $2,500.00
Accept Four Homeowners Replacement Bonds
Bond Cashier Check No. Amount
Faithful Performance 839005655 $188,000.00
Labor and Materials 839005655 $188,000.00
Monumentation 839005655 $2,500.00
Total $378,500.00

FISCAL IMPACT
There is no fiscal impact resulting from releasing and accepting developer-provided securities and bonds as summarized herein. All design, permitting, and construction costs shall be borne by the new developer (Homeowners).

R E P L A C E S E C U R I T Y B O N D S F O R P A R C E L M A P 2 0 05 - 1 3 5 Y O R B A V I S T A D E V E L O P M E N T ( S E P U L V E D A B U I L D E R S , I N C . A N D

G E O R G E A N D J O A N A D A M S)
P a g e | 3

ALTERNATIVES
Do not authorize the City Clerk to accept the replacement street improvement bonds for Parcel Map 2005-135 posted by the homeowners; and do not release the remaining securities deposited by Sepulveda Builders and George and Joan Adams. This alternative is not recommended as the proposed recommendation is allowable per the terms of the subdivision improvement agreement, and it is in the best interest of the City to have the new Homeowners reconstruct the improvements to an acceptable and usable condition.

ATTACHMENTS
Attachment 1 – Vicinity Map
Attachment 2 – Original Subdivision Improvement Agreement Attachment 3 – Replacement Bonds (Cashier’s Check)
Attachment 4 – Grant Deeds

City of Yorba Linda
Public Works
2/18/2025
ATTACHMENT 1
Vicinity Map
Source: City of Yorba Linda, 2022 Vicinity Sites
Lot 1 Lot 2
Lot 3
Lot 4

RECORDED AT THE REQUEST OF

AND WHEN RECORDED RETURN TO

CITY OF YORBA LINDA
4845 Casa Loma Avenue
Yorba Linda, CA 92886
ATTN: City Clerk
Exempt from Filing Fees - Govt Code ' 6103)
ORANGE\ SRC\ 5717
Recorded in Official Records, Orange County
Tom Daly, Clerk -Recorder
1111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIIIINO FEE 2007000541226 01: 59pm 08131/ 07
111 200 Al2 22

0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00 0. 00

SPACE ABOVE TI IIS LINE FOR RECORDER' S USE

SUBDIVISION IMPROVEMENT AGREEMENT

FOR COMPLETION OF PUBLIC IMPROVEMENTS
PARCEL/ TRACT NO. 2005- 135
between

THE CITY OF YORBA LINDA
a California municipal corporation
and
SEPULVEDA BUILDERS, INC.,
m

GEORGE AND JOAN ADAMS
SUBDrVIS10N IMPROVEMENT AGREEMENT
BBK: JULY 2003)
V'

SUBDIVISION IMPROVEMENT AGREEMENT

FOR COMPLETION OF PUBLIC IMPROVEMENTS
PARCEL/ TRACT MAP NO. 2005- 135
I. PARTIES AND DATE.

This Subdivision Improvement Agreement for the Completion of Public Improvements Agreement") is entered into as of this day of, 2(b by and between the City of Yorba Linda, a California municipal corporation (" > ty") and Sepulveda Builders, Inc., A California Corporation and George Adams and Joan Adams, with its principal office located at 3200 E. Frontera Street, Anaheim, CA 92806 (" Developer"). City and Developer are sometimes hereinafter individually referred to as " Party" and hereinafter collectively referred to as the Parties."
II. RECITALS.

A. On November 17, 2004, Developer submitted to City an application for approval of a tentative parcel/ tract map for real property located within City, a legal description of which is attached hereto as Exhibit " A" (" Property"). The tentative parcel/ tract map was prepared on behalf of Developer by JRV Engineering, Inc., and is identified in City records as Parcel/ Tract Map No. 2005- 135.

B. On the 13` h day of April, 2005, the Yorba Linda Planning Commission conditionally approved Developer' s application for a tentative parcel/ tract map for Parcel/ Tract No. 2005- 135.

C. Developer is the owner of the Property, and Developer proposes to do and perform certain work of improvement thereon as set forth in this Agreement.

D. Developer has not completed all of the work or made all of the public improvements required by Title 17 of the Yorba Linda Municipal Code, the Subdivision Map Act ( Government Code sections 66410, et sem.) (" Map Act"), the conditions of approval for Parcel/ Tract No. 2005- 135, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

E. Pursuant to Title 17 of the Yorba Linda Municipal Code and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely ORANGE\ SRC\ 5717 SUBDIVISION IMPROVEMENT AGREEMENT
BBK: JULY 2003)

construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Parcel/ Tract No. 2005- 135.

F. Developer' s execution of this Agreement and the provision of the security are made in consideration of City' s approval of the final map for Parcel/ Tract No. 2005- 135.

III. TERMS.

1. 0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: ( a) Developer provides City with security of the type and in the amounts required by this Agreement; ( b) Developer executes and records this Agreement in the Recorder's Office of the County of Orange; and ( c) the City Council of the City of Yorba Linda (" City Council") approves the final map for Parcel/ Tract No. 2005- 135 and Developer records the final map for Parcel/ Tract No. 2005- 135 in the Recorder's Office of the County of Orange. If any of the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for Parcel/Tract No. 2005- 135.

1. 1 Definitions. For purposes of enforcing this Agreement, the term " City" shall include, but shall not be limited to, City Council, City Engineer, Community Development Director, Building Official, or any of their authorized representatives. City shall have the sole and absolute discretion to determine which public body, public official or public employee may act on behalf of City for any particular purpose.

2. 0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of Parcel/ Tract No. 2005- 135, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for Parcel/ Tract Map No. 2005- 135 (" Public Improvements"). The Public Improvements are more specifically described in Exhibit " B", which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/ or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any utility system or public improvement in conflict with the construction or installation of the Public Improvements.

Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such utility system or public improvement. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.

2. 1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

ORANGE\ SRC\57173 SUBDIVISION IMPROVEMENT AGREEMENT
BBK: JULY 2003)

2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer' s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.

2. 3 Pre -approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans, specifications, estimates and bonds for such Public Improvement have been submitted to and approved by the City Engineer, the City Attorney or their authorized designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.

2. 4 Quality of Work, Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

2. 5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, pennits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

2. 6 Alterations to Improvements. The Public Improvements in Exhibit " B" are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City.

Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer's surety for this Agreement.
0RANGE\ SRC\ 5717 SUBDIVISION IMPROVEMENT AGREEMENT 4 ( BBK: JULY 2003)

3. 0 Maintenance of Public Improvements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted.

Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City' s acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. Developer shall cause the sweeping of streets to occur weekly at a minimum. Developer shall perform additional street sweeping work as necessary depending on construction activities or as required by, and at the direction of, the City Engineer. It shall be Developer' s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

4. 0 Construction Schedule. Unless extended pursuant to Section 4. 1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within twelve ( 12) months following approval of the final map for Parcel/ Tract No. 2005- 135.

4. 1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13. 0, et seq., of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension( s). Developer' s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City' s reasonable discretion.

4. 2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer' s intent to abandon or otherwise not complete required or agreed upon Public Improvements.

ORANGE\ SRC\57175 SUBDIVISION IMPROVEMENT AGREEMENT
13I3K: JULY 2003)

5. 0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Parcel/ Tract No. 2005- 135 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements including, without limitation, the City' s grading regulations, the National Pollutant Discharge Elimination Systems ( NPDES), and stormwater regulations thereunder as administered by the State Water Resources Control Board and Regional Water Quality Control Boards. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City' s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13. 0, et seq., of this Agreement. Developer further agrees that the indemnification as set forth in Section

16. 0 of this Agreement shall extend to and include any and all grading contemplated by this Agreement, including but not limited to, any partial or rough grading work.

6. 0 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within Parcel/ Tract No. 2005- 135 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City' s jurisdictional limits. All utilities shall be installed underground, unless otherwise approved by the City Council or the Planning Commission of the City of Yorba Linda, or by any other state or federal laws or regulations.

7.0 Pees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, report review, engineering, inspection, testing, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Parcel/ Tract No. 2005- 135.

8. 0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.

9. 0 Default; Notice; Remedies.

9. 1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (" Notice"). Developer shall substantially commence the work ORANGE\ SRC\ 5717
6 SUBDIVISION IMPROVEMENT AGREEMENT
BBK: JULY 2003)

required to remedy the default or violation within ten ( 10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty- four ( 24) hours thereof. Immediately upon City's issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10. 0 of this Agreement.

9. 2 Failure to Remedy, City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/ or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.

9. 3 Other Remedies. No action by City pursuant to Section 9. 0, et seg., of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

10. 0 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney' s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

11. 0 Acceptance of Improvements; As -Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer' s obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder' s Office 0RANGE\ SRc\ 5717SUBDIVISION IMPROVEMENT AGREEMENT
7 BBK: JULY 2003)

of the County of Orange a notice of completion for the accepted Public Improvements in accordance with California Civil Code section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.

If Parcel/ Tract No. 2005- 135 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City.

Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City' s acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one ( 1) set of "as -built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

12. 0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one ( 1) year following completion of the work and acceptance by City (" Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one ( 1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer' s warranty obligation under this section shall survive the expiration or termination of this Agreement.

13. 0 Security, Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below (" Security").

Nothing in this Section 13. 0 is intended to prevent City, in its sole discretion, from requiring Developer to submit, or prevent Developer from submitting, security in a form other than bonds which may be allowed under California Government Code Section 66499, et seq. and Title 17 of the Yorba Linda Municipal Code, and acceptable to the City. The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping (" Estimated Costs"). If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer' s compliance with this provision ( Section 13. 0, et seg.) shall in no way limit or modify Developer' s indemnification obligation provided in Section 16. 0 of this Agreement. 0RANGE\ SRC\ 5717 SUBDIVISION IMPROVEMENT AGREEMENT
8 ( BBK: JULY 2003)

13. 1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 9. 0, et seq., of this Agreement, and to secure Developer' s one- year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of Seventy Thousand Two Hundred and Thirteen Dollars and no/ 100 Dollars ($ 70, 213. 00), which sum shall be not less than one hundred percent ( 100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, as provided under Section 13. 0 herein, provided that Developer is not in default on any provision of this Agreement or condition of approval for Parcel/Tract No. 2005- 135, and the total remaining security is not less than twenty- five percent ( 25%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 12. 0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Parcel/ Tract No. 2005- 135.

13. 2 Labor and Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for perfonnance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of Seventy Thousand Two Hundred and Thirteen Dollars and no/ 100 Dollars ($ 70, 213. 00), which sum shall not be less than one hundred percent ( 100%) ofthe Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after one ( 1) year or within the time limits established in California Government Code section 66499.7 from the date City accepts the final Public Improvements at the discretion ofthe City. The amount of such security shall be reduced by the total of all stop notice or mechanic' s lien claims of which City is aware, plus an amount equal to twenty percent ( 20%) of such claims for reimbursement of City' s anticipated administrative and legal expenses arising out of such claims.

13. 3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney' s fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.

13. 4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit " C", unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit " C" and incorporated herein by this reference.

ORANGE\ SRC\ 5717 SUBDIVISION IMPROVEMENT AGREEMENT
9 ( BBK: JULY 2003)

14. 0 Monument Security. Prior to City' s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Parcel/ Tract No. 2005- 135 in compliance with the applicable provisions of City' s Municipal and/ or Development Code (" Subdivision Monuments"), Developer shall furnish to City a bond in the amount of Two Thousand Five Hundred Dollar Dollars ($ 2, 500. 00), which sum shall not be less than one hundred percent ( 100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said bond may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Parcel/Tract No. 2005- 135.

15. 0 Lien. To secure the timely performance of Developer' s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 13. 0, et seq., and 14. 0 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer' s default on those obligations for which security has been provided pursuant to Sections 13. 0, et s,._g., and 14. 0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.

16. 0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/ or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer' s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by Agency, its elected officials, officers, employees, agents or volunteers.

17. 0 Insurance.

17. 1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors and subcontractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described ORA.NGE\ SRCk5717
10 SUBDIVISION IMPROVEMENT AGREEMENT
BBK: JULY 2003)

below (" Required Insurance") and without limiting the indemnity provisions of this Agreement.

If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than three times the specified occurrence limit. For purposes of this Section 17. 0, et seg., the " indemnified parties" shall mean the City, its elected officials, officers, employees, agents and volunteers, as described in Section 16. 0 of this Agreement. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents and volunteers.

17. 1. 1 Commercial General Liability. Developer, its contractors and subcontractors shall procure and maintain Commercial General Liability Insurance which affords coverage at least as broad as the latest version of Insurance Services Office " occurrence" form CG 0001, with minimum limits of at least $ 5, 000, 000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for ( 1) products and completed operations; ( 2) contractual liability; ( 3) third party action over claims; ( 4) cross liability exclusion for claims or suits by one insured against another; or ( 5) explosion, collapse or underground hazard ( XCU).

17. 1. 2 Automobile Liability. Developer, its contractors and subcontractors shall procure and maintain automobile liability insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering " Any Auto" ( Symbol 1) with minimum limits of 1, 000, 000 each accident. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. If Developer does not own any company vehicles and if requested by City, this requirement may be satisfied by providing a non -owned auto endorsement to the Commercial General Liability policy.

17. 1. 3 Workers' Compensation. Developer, its contractors and subcontractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and Employers' Liability Insurance of not less than 1, 000, 000 per accident for bodily injury and disease.

17. 1. 4 Professional Liability. If applicable to this Agreement and required by City, for any consultant or other professional who will engineer or design the Public Improvements, professional liability insurance for errors and omissions with limits not less than 1, 000, 000 per occurrence, shall be procured and maintained for a period of three ( 3) years following completion of the Public Improvements and shall specifically include all work to be performed under the Agreement. If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three ( 3) years from termination of this Agreement.

17. 1. 5 Contractors Pollution Liability. If applicable to this Agreement and required by City, Contractors Pollution Liability Insurance covering all of Developer's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5, 000, 000 0RANGF.,SRC\571711

SUBDIVISION IMPROVEMENT AGREEMENT
BBK: JULY 2003)

per loss and $ 10, 000, 000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. Non -owned disposal site coverage shall be provided if handling, storing or generating hazardous materials or any material/ substance otherwise regulated under environmental laws/ regulations.

For projects involving transportation of hazardous waste/ materials, include coverage for loading/unloading from the project site to final disposal locations, and all disposal locations shall be scheduled as non -owned disposal sites.

If coverage is written on a claims - made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three ( 3) years from termination or expiration of this Agreement.

17. 2 Deductibles. Any deductibles or self-insured retentions must be approved by City in writing and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

17. 3 Certificates: Verification. Developer, its contractors and subcontractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City prior to the execution of this Agreement and before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

17. 4 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers with a current A.M. Best rating of at least A:VII and authorized to do business in the State of California or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law, and shall be satisfactory to City.

17. 5 Endorsements.

17. 5. 1 The policy or policies of insurance required by Section 17. 1. 1 Commercial General Liability), Section 17. 1. 2 ( Automobile Liability) and Section 17. 1. 5 Contractors Pollution Liability), if the latter is required by City, shall be endorsed as follows:

Additional Insured: The indemnified parties shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance ofthis Agreement. The " Additional Insured Endorsement" shall be on a form similar to Insurance Services Office' s Endorsement form CG 2010 and contain no other modifications to the policy.

ORANGE\ SRC\ 5717
12 SUBDIVISION IMPROVEMENT AGREE MEM'
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Primary Insurance: This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance.

Severability: In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom claim is or may be in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.

Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty ( 30) day prior written notice of cancellation has been served upon the City except ten ( 10) days prior written notice shall be allowed for non- payment of premium.

Duties: Any failure by the named insured to comply with report provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties.

Applicability: That the coverage provided therein shall apply to the obligations assumed by Developer, its contractors or subcontractors under the indemnity provisions of this Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.

17. 5. 2 The policy or policies of insurance required by Section 17. 1. 3 Workers' Compensation) shall be endorsed as follows:

Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.

Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty ( 30) day prior written notice of cancellation has been served upon the City except ten ( 10) days prior written notice shall be allowed for non-payment of premium.

17. 5. 3 The policy or policies of insurance required by Section 17. 1. 4 Professional Liability), if required by City, shall be endorsed as follows:

ORANGE\ SRC\ 5717 SUBDIVISION IMPROVEMENT AGREEMENT 13 ( BBK: JULY 2003)

Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty ( 30) day prior written notice of cancellation has been served upon the City except ten ( 10) days prior written notice shall be allowed for non-payment of premium.

18. 0 Signs and Advertising. Developer understands and agrees to City' s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement.

Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.

19. 0 Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Parcel/ Tract No. 2005- 135, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer' s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer, its contractors or subcontractors an agent, contractor or subcontractor of City.

20. 0 General Provisions.

20. 1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

20. 2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

20. 3 Construction; References, Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

ORANGE\ SRC\ 5717
14 SUBDIVISION IMPROVEMENT AGREEMENT
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CITY:

City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
DEVELOPER:

Sepulveda Builders, Inc
By:

Brent Sepulveda, President
George Adams
Attn: Joan Adams
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U. S. Mail first class postage prepaid, as of 72 hours after deposit in the U. S. Mail.

20. 5 Amendment, Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

20. 6 Waiver. City' s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City' s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City' s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.

20. 7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City' s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. In the event that the City consents in writing to such an assignment, any assignee, hypothecatee or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such security, as is reasonably acceptable to the City.

The agreement shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to the City and approved by the City Attorney, to guarantee construction of the Public Improvements. The agreement shall survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required Public Improvements to be constructed and their time frame for construction.

ORANGE\SR0571715 SUBDIVISION IMPROWMENT AGREEMENT
BBK: JULY 2003)

Following any permitted assignment of the Public Improvements as set forth in this Section 20. 7, the City shall release the Developer from its obligations so assigned and shall release to the Developer any bonds or other security posted to secure the Public Improvements so assigned; provided, however, that the City shall not release any security or undertakings given to secure the performance of any ofthe Public Improvements not assigned.

20. 8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

20.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

20. 10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

20. 11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Orange, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

20. 12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys' fees (" Costs"). Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: ( a) post judgment motions and appeals, ( b) contempt proceedings, ( c) garnishment, levy, and debtor and third party examination, ( d) discovery, and ( e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement.

20. 13 Counterparts. " Phis Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

ORANGE\ SRC\ 5717
16 SUBDIVISION IMPROVEMENT AGREEMENT
BBK: JULY 2003)

CITY OF YORBA LINDA
By: _ 1Z4Z1L=
Allen M. Castellano, Mayor
ATTEST:

Sepulve a Builders, Inc. &
GeoraMand Joan Adams
Joan
rent veda, President
lved BukVrs, Inc.
l , (
Seal)
By: l, r 4 c. L - By:

Kathie Mendoza, City Clerk Signature
Print Name
Title
APPROVED AS TO FORM:

By:

Best Best & Krieger I.LP
City Attorney
NOTE: DEVELOPER' S AND SURETY' S SIGNATURES SHALL BE DULY

NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DEVELOPER' S BUSINESS ENTITY.

ORANGEASR05717 SUBDIVISION IMPROVEMENT AGREEMENT
17 ( BBK: JULY 2003)

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.

County of O Gt
On 3 to before me, A- ' tl' 4 t = V-"-\ - V" E_ v\. YOU- - Iq Date Name and Title of Officer ( e. g ' Jane Doe, Notary Public") personally appeared ny
Name( s) of Signer($)
KAtHIE M. MENDUTA
Commissbn # 1532793 Q01 Notify Put) 11c - Comfornio
Ofonge County
y comm. Expires Dec 9, 2008
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person() whose name() is/ eFe
subscribed to the within instrument and
acknowledged to me that he/ sk @44ey executed
the same in his/ hoA4heir authorized
capacity( ie#, and that by his/ h8FAh& i4=
signature( j) on the instrument the person(), or
the entity upon behalf of which the person( 2)
acted, executed the instrument.

WITNESS my hand and official seal.

Place Notary Seal Above Signature of Notary Public

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ACKNOWLEDGMENT

STATE OF CALIFORNIA )
ss.

COUNTY OF r. )
On Z 5-th , 200--, befo.
undersigned notary public, personally appeared
personally known to me OR to be the
person( s) whose name( s) X/are subscribed to the within instrument and acknowledged to me that h § 1w/ they executed the same in hisNr/their authorized capacity(ies), and that by lid/hcr/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.

WITNESS my hand and official seal.
1/*
Signature of tary
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Coi rnission # 1431650
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Orange County
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ORANGE\ SRC\ 5717
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SUBDIVISION IMPROVEMENT AGREEMENT
BBK: JULY 2003)
i_

EXHIBIT " A"

LEGAL DESCRIPTION OF PROPERTY
PARCELITRACT NO. 2005- 135
BEING A SUBDIVISION OF A PORTION OF LOT 4 IN BLOCK 8 OF YORBA LINDA TRACT, IN THE CITY OF YORBA LINDA, AS PER MAP RECORDED IN BOOK 5, PAGES 17 AND 18 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

ORAN- GF.\SRC\ 5717 SUBDIVISION IMPROVEMENT AGREEMENT
A- 1 ( BBK: JULY 2003)

EXHIBIT " B"

LIST OF PUBLIC IMPROVEMENTS
PARCEL/ TRACT NO. 2005- 135
Developer shall perform all work and furnish all materials necessary, in the opinion of the City Engineer and on his order, to complete the following Public Improvements in accordance with the plans and specifications on file with the City or with any changes required or ordered by the City Engineer which, in his opinion, are necessary or required to complete this work.

The Developer is required to perform the following Public Improvements under this Agreement:

REMOVALS

SIDEWALK

CONCRETE CURB AND GUTTER

STREET TREES
A. C. PAVEMENT

CONTRUCT
DRIVEWAY APPROACH WITH 6" TO 8" CONCRETE CURB AND GUTTER

ACCESS RAMPS

CONCRETE CROSS GUTTER
8" THICK A.C. PAVEMENT
ORANGE\ SRC\ 5717 SUBDIVISION IMPROVEMENT AGREEMENT
B- 1 ( BBK: JULY 2003)

5 EXHIBIT " C"

SURETY BONDS AND OTHER SECURITY
PARCEL/ TRACT NO. 2005- 135
As evidence of understanding the provisions contained in this Agreement, and of the Developer's intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

PERFORMA E BONP INCIPAL S, MOUNT: $ 70, 213. 00
Surety- r
Attorney- in- fact: -- W, I
Address: PO ? S », A72.5
MAT RIAL AND LABOR BOND PRINCIP LMOUNT: $ 70, 213. 00
Surety: • v
Attorney-in-fact: /
Address: i 9 Z 5
MONUMENT SECURITY B D: , . $ 2, 500. 00
Surety:

E
c j
y Attorney -in -facts 1
Address: IG
I a --
ORANGF.\SRC\ 5717 SUBDIVISION IMPROVEMENT AGREEMENT
BBK: JULY 2003)

ORDINANCE NO. 2025-1113

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF YORBA LINDA, CALIFORNIA, ADOPTING CAL FIRE’S, FIRE

HAZARD SEVERITY ZONES PURSUANT TO GOVERNMENT
CODE SECTION 51179
WHEREAS, the California Department of Forestry and Fire Protection (“CAL FIRE”) has completed an update to the Very High Fire Hazard Severity Zones (VHFHSZ) map for Local Responsibility Areas (LRA), including areas within the City of Yorba Linda; WHEREAS, Government Code Section 51179 requires that the legislative body of each city shall, by ordinance, designate VHFHSZs in accordance with maps officially issued by CAL FIRE;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The City of Yorba Linda hereby designates the Fire Hazard Severity Zones as identified by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.

Section 2. The map, approved by the city, is hereby incorporated by reference, and entitled, “Yorba Linda Fire Hazard Severity Zones.”
Section 3. The official map is also located electronically on the following website:
https://www.yorbalindaca.gov/930/2025-CalFIRE-Fire-Hazard-Severity-Zone-M Section 4. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.

Section 5. Effective Date. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

ORDINANCE NO. 2025-1113
PAGE NO. 2
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 15
th day of July, 2025.
_____________________________

JANICE LIM, 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 Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 15
th day of July, 2025, and was carried
by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
___________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

CITY CLERK'S OFFICE
DATE: JULY 15, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COMMITTEE AND AGENCY REPORTS

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

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

ATTACHMENTS

1. Reports from City Council Organizations, Agencies and Committees

MONTHLY REPORT:

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

CONTROL
Service Requests Completed: 8 45 229 964
Mosquitoes: 6 40 180 713
Rats: 1 1 28 163
RIFA: 1 4 16 65
Number of Swimming Pools Inspected/Treated: 15 156 655 4,853 Hours Spent Treating/Inspecting Gutters 12.5 14.58 866.53 1,143.0 Acres of Flood Channels Treated: 0.245 0.245 83.1217 4471.3434 Acres Treated for RIFA: 12 110 2,436 10,205
IT (insepction/treatment) Sites Serviced: 20 239 1,398 8,373

SURVEILLANCE
Adult Mosquitoes Collected: 319 633 51,725 95,442
Mosquito Pools (Samples) Tested: 7 15 624 1,297
WNV Positive Samples: 0 0 0 0
Other Positive Samples 0 0 0 0
WNV Positive Birds: 0 0 0 0

COMMUNICATIONS / OUTREACH
Outreach Events Attended: 0 0 10 33
General Presentations: 0 1 4 27
Educational Program Presentations: 0 0 2 64
Service Requests & Miscellaneous Calls Received 14 61 445 1,833 Fleas, Ticks, and Others Tested: - - - 1,898
Number of Disease Investigations: 0 0 8 19
WNV Investigations: 0 0 0 0
Dengue Investigations: 0 0 1 3
Typhus Investigations: 0 0 7 15
Other Investigations: 0 0 0 1
Undergrounds Storm Systems Treated: 95 115 4,271 7,656
Public Insect ID Completed: - - 47 193

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

ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT

COMMUNITY DEVELOPMENT DEPARTMENT
DATE: JULY 15, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATE FARNSWORTH, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: PAMELA STOKER, HOUSING CONSULTANT
SUBJECT: FINANCING FOR THE ALTRUDY LANE II SENIOR APARTMENTS

AFFORDABLE HOUSING PROJECT

RECOMMENDATION
It is recommended that the Yorba Linda City Council:
1) Conduct a public hearing under the requirements of the federal Tax Equity and Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”).
2) Adopt Resolution 2025-5949 approving the issuance of the Bonds by the California Municipal Finance Authority (CMFA) for the benefit of Yorba Linda Altrudy II, LP, (the “Borrower”) a partnership of which C&C Development Co., LLC (the “Developer”) or a related person to the Developer is the general partner, to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 et seq.

BACKGROUND
C&C Development Co., LLC requested that the California Municipal Finance Authority (the “CMFA”) serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $25,000,000 of tax-exempt revenue bonds. It is requested that the CMFA adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $25,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a senior multi-family rental housing project located at 18597 and 18602 Altrudy Lane, Yorba Linda, California (the “Project”).

In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Yorba Linda must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be

Affordable Housing TEFRA – Altrudy Lane II Senior
P a g e | 2
provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

DISCUSSION
California Municipal Finance Authority
The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities have become members of CMFA.

The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

FISCAL IMPACT
The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Yorba Linda, it is expected that that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.

ALTERNATIVES
As an alternative to the staff recommendation, the City Council could chose not to adopt the resolution approving the issuance of bonds by CMFA, which would likely have impact upon C&C Development’s financing strategy for the Project.

ATTACHMENTS

1. City Council Resolution 2025-5949

2. TEFRA Notice

RESOLUTION NO. 2025-5949

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YORBA LINDA

APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF

FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION,

IMPROVEMENT AND EQUIPPING OF ALTRUDY II SENIOR

APARTMENTS AND CERTAIN OTHER MATTERS RELATING

THERETO
WHEREAS, Yorba Linda Altrudy II LP (the “Borrower”) a partnership of which C&C Development Co., LLC (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $25,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a senior multifamily rental housing project located at 18597 and 18602 Altrudy Lane, Yorba Linda, California (the “Project”); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Yorba Linda (the “City”) because the Project is to be located within the territorial limits of the City; and WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Yorba Linda as follows:

Section 1. The foregoing resolutions are true and correct.

RESOLUTION NO. 2025-5949
PAGE NO. 2
2 Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 6. This resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 15th day of July, 2025. ______________________________

JANICE LIM, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

RESOLUTION NO. 2025-5949
PAGE NO. 3
3 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 15th day of July, 2025, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS: Campbell, Huang, Lim, Rodriguez, Singh NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

TEFRA Altrudy II - Page 1 of 1
Yorba Linda Star
1920 Main St. Suite 225
Irvine, California 92614
(714) 796-2209
0011742907
City of Yorba Linda
4845 Casa Loma Avenue, Yorba Linda,
CA 92886
Yorba Linda, California 92886

PROOF OF PUBLICATION
(2015.5 C.C.P.)

STATE OF CALIFORNIA
County of Orange County
I am a citizen of the United States and
a resident of the County aforesaid; I
am over the age of eighteen years, and
not party to or interested in the aboveentitled matter. I am the principal clerk of the printer of Yorba Linda Star, a
newspaper of general circulation,
printed and published in the City of
Irvine*, County of Orange County, and
which newspaper has been adjudged a
newspaper of general circulation by the
Superior Court of County of Orange
County, State of California, under the
date of June 15, 1945, Decree No.

Pomo C-606. The notice, of which the
annexed is a printed copy (set in type
not smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following
dates, to wit:
07/03/2025
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Dated at Irvine, California
On this 3rd day of July, 2025.
______________________________
Signature
*Yorba Linda Star circulation includes the
following cities: [UNKNOWN LIST]

PUBLIC WORKS DEPARTMENT
DATE: JULY 15, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DE ANNE WIGGINTON, CHIEF OF POLICE SERVICES/CAPTAIN JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: TONY WANG, P.E., TRAFFIC ENGINEERING MANAGER SUBJECT: ORDINANCE NO. 2025-1114 – E-BIKE ORDINANCE

RECOMMENDATION
It is recommended that the City Council approve for first reading Ordinance No. 2025-1114 (Attachment 1) adding new Chapter 10.80 (Regulated Mobility Devices) to Title 10 (Vehicles and Traffic) of the Yorba Linda Municipal Code regarding operation of regulated mobility devices such as electric bicycles (E-bikes).

BACKGROUND
In recent years, the use of electric bicycles and similar mobility devices has grown rapidly across the United States and within Yorba Linda. Between 2019 and 2022, national sales of e-bikes rose by more than 269%, with annual sales exceeding one million units. This trend reflects broader adoption of these devices as both recreational and transportation tools. However, the increase in popularity has also introduced new challenges related to public safety, youth ridership, high travel speeds, conflicts with pedestrians, and increased incidents on local trails.

The California Vehicle Code (CVC) provides definitions and classifications for e-bikes and similar personal mobility devices and authorizes local jurisdictions to further regulate their use within sidewalks, trails, and other public rights-of-way. In response to growing concerns, cities throughout California have adopted local ordinances that complement state laws with more tailored community standards.

Yorba Linda has experienced a noticeable uptick in the presence and use of e-bikes and related devices, especially in residential neighborhoods, near schools, and in public spaces such as parks and trails. In light of these concerns, the City is advancing a proposed ordinance to help promote safer and more consistent operation of these devices. As part of the City’s effort to engage the community, several public outreach meetings have been conducted to educate residents, receive feedback, and build awareness of the City’s intent to establish local regulations.

O R D I N A N C E N O . 2 0 2 5 - 1 1 1 4 – E - B I K E O R D I N A N C E P a g e | 2

DISCUSSION
The ordinance introduces a comprehensive framework regulating a broad category of mobility devices, referred to collectively as “regulated mobility devices.” These include electric bicycles of all classes, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, and shared mobility devices.

The ordinance begins by outlining the purpose and intent of the proposed regulations, emphasizing the City’s commitment to ensuring safe use of mobility devices within publicly accessible areas and reducing unsafe behaviors. Definitions within the ordinance are aligned with the California Vehicle Code to ensure consistency, and include specific terms such as enforcement officers, shared mobility devices, and parks.

Operational standards are defined within the ordinance to prohibit a variety of unsafe practices. These include riding against traffic, exceeding speed limits of 25 mph, carrying passengers under the age of 16, failing to yield to pedestrians, operating without helmets for riders under 18, tampering with or modifying devices, and engaging in reckless actions such as swerving or attaching to moving vehicles.

The ordinance also authorizes the City Council to designate specific areas where the operation of these devices is prohibited, via resolution. Additionally, the City Engineer is empowered to install signage informing the public of such restrictions.

Lastly, the ordinance provides for limited exemptions, including those for public agency personnel operating in the course of official duties, and individuals with disabilities utilizing mobility devices as protected under the Americans with Disabilities Act (ADA).

The Traffic Commission reviewed the draft ordinance on June 2, 2025 and their input has been incorporated into the attached e-bike ordinance.

FISCAL IMPACT
None.

ALTERNATIVES
The City Council may choose not to adopt the proposed e-bike ordinance; however, staff do not recommend this alternative. E-bike-related issues have been an ongoing concern in the community, and adoption of the ordinance would provide the Orange County Sheriff’s Department with the authority to enforce violations and enhance public safety.

ATTACHMENTS
Attachment 1- E-Bike Ordinance No. 2025-1114

ORDINANCE NO. 2025-1114

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YORBA LINDA, CALIFORNIA, ADDING NEW CHAPTER 10.80 (REGULATED MOBILITY DEVICES) TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE YORBA LINDA MUNICIPAL CODE

REGARDING OPERATION OF REGULATED MOBILITY DEVICES SUCH AS

E-BIKES
WHEREAS, the City of Yorba Linda, California ("City") is a municipal corporation, duly organized and existing under the California Constitution and laws of the State of California; and
WHEREAS, the City Council recognizes that while exact figures for California’s e-bike sales are not readily available, the state’s proactive policies and infrastructure investments suggest that its growth rate aligns with or surpasses national trends.

Assuming California mirrored the national quadrupling of e-bike sales from 2019 to 2022 and continued to grow, it’s plausible that the state experienced a 400–500% increase in e-bike sales by 2025; and
WHEREAS, the City Council desires to promote the safe operation of e-bikes as well as the safety of persons using electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, shared mobility devices and other similar vehicles (defined herein as "regulated mobility devices"), while maximizing transportation and recreational opportunities; and WHEREAS, the California Vehicle Code regulates the operation of bicycles and electric bicycles; and
WHEREAS, California Vehicle Code Section 231 defines a “bicycle,” as “a device upon which a person may ride, propelled exclusively by human power, except as provided in Section 312.5, through a belt, chain, or gears, and having one or more wheels”; and
WHEREAS, California Vehicle Code Section 312.5 defines an “electric bicycle,” as “a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts”; and
WHEREAS, California Vehicle Code Section 21100 permits local authorities to adopt rules and regulations by ordinance or resolution regarding the operation of bicycles on public sidewalks; and
WHEREAS, California Vehicle Code Section 21207.5 regulates the use of motorized vehicles on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority or the governing body of a public agency having jurisdiction over the path or trail permits, by ordinance, that operation; and

ORDINANCE NO. 2025 - 1114
PAGE 2
WHEREAS, California Vehicle Code Section 21207.5 also permits the local authority or governing body of a public agency having jurisdiction over an equestrian trail, or hiking or recreational trail, to prohibit, by ordinance, the operation of an electric bicycle or any class of electric bicycle on that trail; and WHEREAS, the City has experienced a significant increase in the use of electric bicycles and other electric transportation devices, leading to concerns regarding public safety and the need for regulation, and
WHEREAS, the City Council has determined that the provisions of this Chapter represent reasonable measures and enforcement mechanisms that can be implemented to promote the safe and efficient use of sidewalks, bike paths, bike lanes, trails, streets, roads, and highways in the City pursuant to the City's police power, and are based on compliance with other generally applicable laws, including state and federal law, and the Yorba Linda Municipal Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated herein by reference.

Section 2. Chapter 10.80 (Regulated Mobility Devices) of Title 10 (Vehicles and Traffic) is hereby added to the Yorba Linda Municipal Code to read as follows:

Chapter 10.80 Regulated Mobility Devices
Section 10.80.010 - Purpose and Intent.

The City Council finds that the unsafe operation of regulated mobility devices on all public property and private property open to the public for pedestrian travel poses a significant risk to the safety and welfare of persons, pedestrians, equestrians, motorists, and children throughout the City. The purpose of this Chapter is to implement reasonable regulations on the operation and use of these types of mobility devices pursuant to the City's police power to protect the public health, safety, and welfare, to better promote the safe use and operation of regulated mobility devices, to prevent vehicular and pedestrian conflicts and other traffic hazards, to prevent hazards to public safety, and to enhance pedestrian and motorist safety.

Section 10.80.020 - Definitions.

In addition to the definitions set forth in Section 10.80.010 or elsewhere in this Code, for purposes of this Chapter, the words and phrases defined herein shall be construed in accordance with the following definitions:

ORDINANCE NO. 2025 - 1114
PAGE 3
Electric bicycle has the same meaning as in California Vehicle Code Section 312.5, as it may be amended from time to time.

Electric personal assistive mobility device has the same meaning as in California Vehicle Code Section 313, as it may be amended from time to time.

Electrically motorized board has the same meaning as in California Vehicle Code Section 313.5, as it may be amended from time to time.

Enforcement Officer means any peace officer, person designated as a Code Enforcement Officer pursuant to Section 1.03.040 of this Code, or any City employee designated by the City Manager or employee of the Orange County Sheriff Department authorized to administer or process violations related to this Chapter.

Low-speed vehicle has the same meaning as in California Vehicle Code Section 385.5, as it may be amended from time to time.

Motorized scooter has the same meaning as in California Vehicle Code Section 407.5, as it may be amended from time to time.

Operate means to ride, operate, and/or otherwise control a regulated mobility device other than walking such device.

Park means a public park owned, operated, and/or maintained by the City.

Regulated mobility device means an electric bicycle, electric personal assistive mobility device, electrically motorized board, low-speed vehicle, motorized scooter, shared mobility device, and any other similar mobility device.

Shared mobility devices have the same meaning as in California Civil Code Section 2505, as it may be amended from time to time.

Sidewalk means the portion of the public right-of-way between the curb line of any street, road, highway, bicycle lane, or other thoroughfare designed for vehicular travel and the adjacent property line, or any other paved path or walkway, which is intended for pedestrian travel, whether publicly or privately owned and/or maintained.

Section 10.80.030 - Unlawful Operation of Regulated Mobility Devices. (a) It shall be unlawful and a violation of this Chapter for any person to operate a regulated mobility device in an unsafe manner on any street, road, highway, sidewalk, bike path, bike lane, trail, park, or upon any private property which is held open to the public for pedestrian travel. Operating a regulated mobility device in an unsafe manner includes any one or more of the following:

ORDINANCE NO. 2025 - 1114
PAGE 4
(1) Violating any provision of the Yorba Linda Municipal Code, California Vehicle Code, or other law or regulation applicable to the use or operation of a regulated mobility device.
(2) Operating on any street, road, highway, or bicycle lane against the direction of traffic.
(3) Operating in a manner other than the manner in which the regulated mobility device was designed.
(4) Operating at a speed greater than 25 miles per hour on any street, road, highway, bicycle path, bicycle lane, trails, or other area generally open to public access, or at any speed greater than is reasonable or prudent under the conditions then existing.
(5) Operating while hitched to or physically attached to any moving vehicle or motorized device or operating while allowing another person who is not a passenger to either cling to or to be physically attached to the regulated mobility device.
(6) Operating a regulated mobility device while carrying a passenger is prohibited for any person under the age of 16, regardless of the device’s design.
(7) Operating while lifting one or more wheels into the air. (8) Operating while failing to yield the right-of-way to any and all pedestrians and equestrians or failing to yield the right-of-way to a vehicle upon entering a roadway or driveway from a sidewalk. (9) Operating in any manner that endangers the operator, passengers, other motorists, other riders, equestrians, or pedestrians in the area. (10) Operating while failing to obey any posted signs regulating operation including signs prohibiting operation in specific areas. (11) Intentionally swerving or riding around stopped or slowed traffic, including street takeovers and intentionally preventing vehicular traffic from proceeding.
(12) Operating a bicycle, scooter, or other regulated device without wearing a properly fitted and fastened helmet is prohibited for any person under the age of 18, including passengers.
(13) Tampering with or modifying a regulated mobility device so as to change the speed capability of the device, or otherwise altering, modifying, or adjusting the motor settings to increase the speed of the

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device, unless the required label indicating the classification is appropriately replaced.

Section 10.80.040 - Designated and Posted Prohibited Operation Areas. (a) City Council May Designate Prohibitions. The City Council may by resolution designate and declare any street, road, highway, sidewalk, trail, or other area generally open to public access, or portions thereof, to be locations where the operation of regulated mobility devices are prohibited. (b) City Engineer to Post Prohibitions. The City Engineer is authorized to cause signs and/or markings to be placed, giving notice of such prohibitions as necessary to implement the regulations established by subsection (a) above.

Section 10.80.050 - Exemptions.
(a) Public Agency Personnel: Notwithstanding any other provision of this Chapter, or any other section of this code, City and public agency personnel may operate regulated mobility devices or other vehicles at any place in the City in the performance of their official duties.
(b) Mobility Devices. This Chapter is not intended to apply to or otherwise restrict regulated mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Sections 12101 et seq.).

Section 3. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.

Section 4. Effective Date. This ordinance shall take effect thirty days after its adoption.

The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 5th day of August 2025. _____________________________

JANICE LIM, 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 Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 5th day of August, 2025, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

JULY 15, 2025 CITY COUNCIL MEETING
ADMINISTRATIVE REPORT ITEM NO. 13: ORDINANCE NO. 2025-1114 –

E-BIKE ORDINANCE

ADDITIONAL INFORMATION RECEIVED AFTER POSTING OF AGENDA

Section 10.80.060 Penalties
Any violation of this Chapter is deemed an infraction, punishable by a fine of One Hundred Dollars ($100.00). The first and second violations of this Chapter by an individual shall be subject to the One Hundred Dollar ($100.00) fine. A third and any subsequent violations of this Chapter within a twelve (12) month time period may be charged as a misdemeanor in accordance with Section 1.12.010 of this Code at the discretion of the City Attorney and the penalties for a misdemeanor shall apply to the violation. If the City Attorney determines not to charge a subsequent violation as a misdemeanor, the violation shall be punishable as an infraction with a fine of One Hundred Dollars ($100.00).