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fully understands the facilities, difficulties, and restrictions attending performance of the Services. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Administrator.
1.9 Further Responsibilities of the Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless otherwise specified in this Agreement, neither Party shall be responsible for the service of the other.
SECTION 2. COMPENSATION.
2.1 Contract Amount. City hereby agrees to pay Contractor a sum not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») notwithstanding any contrary indications that may be contained in Contractor’s proposal or bid, for the Services to be performed and reimbursable costs incurred under this Agreement. This compensation may be administratively adjusted pursuant to Section 8.4 herein. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Contractor for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified in this Section 2 shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein.
2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Contractor’s rates as specified in the Scope of Services, provided that time estimates are provided for the performance of subtasks, or (iv) such other methods as may be specified in the Scope of Services. In no event shall compensation exceed the amount set forth in Subsection 2.1.
2.3 Invoices. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Subcontractor charges shall also be detailed by such categories. Invoices shall contain:
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a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Principals’ signatures.
Invoices shall be submitted to:
City of Yorba Linda
Attn: Accounts Payable
4845 Casa Loma Ave
Yorba Linda, CA 92886
2.4 City Payment of Invoices. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
Pursuant to California Public Contract Code Section 20104.50, Contractor is notified that for public works Services, City’s failure to pay undisputed and properly submitted invoices within thirty (30) days shall be subject to interest at the legal rate set forth in Code of Civil Procedure Section 685.010. Any invoice for public works Services determined not to be a proper invoice suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. An invoice returned pursuant to the foregoing shall be accompanied by a writing stating the reasons why the invoice is not proper.
2.5 Retention of Funds, Final Payment.
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a. Contractor hereby authorizes City, in the sole discretion of the Contract Administrator, to retain and deduct from any amount payable to Contractor not exceeding five percent (5%) of the total compensation The retained funds shall be paid to Contractor within sixty (60) days after final acceptance of the Services by the City and after Contractor has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as provided in this Agreement. b. Notwithstanding Paragraph a, California Public Contract Code Section 22300 permits the substitution of securities for any retention monies withheld by City for public works Services. At the request and expense of Contractor, securities equivalent to the monies withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, who shall then pay such monies to Contractor. City retains the sole discretion to approve the bank selected by Contractor to serve as escrow agent. Upon satisfactory completion of the Services, the securities shall be returned to Contractor. Securities eligible for investment shall include those listed in Government Code Section 16430. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. In the alternative, under California Public Contract Code Section 22300, Contractor may request City to make payment of earned retention monies directly to the escrow agent at the expense of Contractor. Also at Contractor’s expense, Contractor may direct investment of the payments into securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor.
Upon satisfactory completion of the Services, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from City pursuant to the terms of California Public Contract Code Section 22300.
2.6 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Contractor in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Contractor submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.7 Hourly Fees. Fees for the Services performed by Contractor on an hourly basis shall not exceed the amounts shown on Exhibit A.
2.8 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement. Reimbursable expenses not listed in Exhibit A must be approved in advance by the Contract Administrator, in his or her sole discretion.
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Contractor shall not be entitled to any additional compensation for the attendance of meetings reasonably deemed necessary by City for the execution of the Services.
2.9 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.10 Payment upon Termination. In the event that City or Contractor terminates this Agreement pursuant to Section 8, City shall compensate Contractor for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination.
Contractor shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
2.11 No Waiver. Payment to Contractor for Services performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 3. FACILITIES AND EQUIPMENT.
3.1 Contractor Provides Facilities and Equipment. Except as otherwise provided, Contractor shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense.
3.2 Utility Relocation. Where applicable, pursuant to California Government Code Section 4215, City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing damage not caused by Contractor, and removing or relocating such unidentified utility facilities. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
3.3 Trenches or Excavations. Pursuant to California Public Contract Code Sections 6705 and 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply. a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
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b. If the Services involve an estimated expenditure in excess of TwentyFive Thousand Dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by the City Engineer, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. c. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue an order or amendment for additional services pursuant to Subsection
8.4 or 8.5 of this Agreement.
d. If a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement.
Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
SECTION 4. INSURANCE AND BOND REQUIREMENTS.
Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certified copies of insurance policies and original endorsements, indicating that Contractor has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Contractor shall also deliver the payment and performance bonds required by this Section 4 with City. Contractor shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Contractor’s compensation.
Contractor shall not allow any subcontractor, Contractor or other agent to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City, and has delivered the required bonds to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Contractor acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in
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the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator in the Contract Administrator’s sole discretion. If this Agreement continues for more than three (3) years duration, or in the event the Contract Administrator determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 4 may be changed accordingly upon receipt of written notice from the Contract Administrator; provided that Contractor shall have the right to appeal a determination of increased coverage by the Contract Administrator to the City Council of City within ten (10) days of receipt of notice from the Contract Administrator.
4.1 Workers’ Compensation. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy.
In the alternative, Contractor may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Contractor, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement. Pursuant to California Labor Code Section 1860, Contractor is required to secure the payment of compensation to Contractor’s employees.
Pursuant to California Labor Code Section 1861, Contractor hereby submits to City the following:
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Contractor Initial: _______
4.2 Commercial General and Automobile Liability Insurance. a. General Requirements. Contractor, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general
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aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, leased, and non-owned automobiles. b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9 including “any auto” and endorsement CA 0025 or equivalent). No endorsement shall be attached limiting the coverage.
c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. (iii) The insurance must be maintained for at least one (1) year following the completion of the Services or the expiration or termination of this Agreement. (iv) Any failure of Contractor to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General Requirements. Contractor, at its own expense, shall maintain professional liability insurance appropriate to Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to the Services performed under this Agreement. The insurance must be maintained for at least five (5) consecutive years following the completion of the Services or the expiration or termination of this Agreement. During this additional five (5)-year period, Contractor shall annually and upon request of City submit written evidence of this continuous coverage.
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b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Contractor must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Contractor’s sole cost and expense, any extended reporting provisions of the policy, if Contractor cancels or does not renew the coverage. (iii) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 Pollution Liability Insurance. Contractor, at its own expense, shall maintain pollution liability insurance written on a per occurrence for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per pollution incident and ONE MILLION DOLLARS ($1,000,000.00) in the general aggregate. The policy shall apply to any incidents at or from any location on which Contractor performs the Services under this Agreement. The insurance must be maintained for at least one (1) year following the completion of Contractor’s services or the expiration or termination of this Agreement.
4.5 All Policies Requirements.
a. Verification of Coverage. Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: Bryant Ranch Park Sport Court Improvement Project. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Yorba Linda, 4845 Casa Loma Ave, Yorba Linda, CA 92886. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Contractor.
b. Notice of Reduction in or Cancellation of Coverage. Contractor shall provide written notice to City within ten (10) working days if: (1) any of the required
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insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. c. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Contractor, including the insured’s general supervision of Contractor; products and completed operations of Contractor, as applicable; premises owned, occupied, or used by Contractor; and automobiles owned, leased, or used by Contractor in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against City, its officers, employees, agents, authorized volunteers, and their respective insurers. d. Deductibles and Self-Insured Retentions. Contractor shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services. During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Contractor may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. e. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
f. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
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4.6 Payment and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secure the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement. Payment and performance bonds shall be secured from a surety company rated Grade “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Contract Administrator due to unique circumstances, and shall be authorized to write such bonds in the State of California. Contractor shall pay all bond premiums, costs, and incidentals.
Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor. Without limiting the foregoing, Contractor understands that Civil Code Section 9550 requires a payment bond for all public works contracts involving an expenditure of more than Twenty-Five Thousand Dollars ($25,000).
4.7 Remedies. In addition to any other remedies at law or equity City may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Contractor’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Contractor to stop work under this Agreement or withhold any payment that becomes due to Contractor hereunder, or both stop work and withhold any payment, until Contractor demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties
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of any kind (including costs and expenses incurred by City and reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Contractor fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Contractor, its officers, agents, employees, or subcontractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor. Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder.
5.3 Subcontractors. Contractor shall incorporate similar indemnity agreements with its subcontractors. Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity. In the event any applicable law contains a limitation on indemnification under this Agreement, such limitation shall supersede the provisions herein only to the extent required by said law.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. City shall have the right to control Contractor only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.4; however, otherwise City shall not have the right to control the means by which Contractor accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for
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the fees paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.
7.3 Prevailing Wages. Contractor acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. a. Public Work. Contractor hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Contractor, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the California Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and
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operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of California Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Contractor’s failure to pay prevailing wages. b. California Labor Code. The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the California Labor Code and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the California Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022- 1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Contractor shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Contractor is aware of and will comply with the provisions of California Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to California Labor Code Section 1771.4, Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to California Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to California Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay.
(v) Pursuant to California Labor Code Section 1813, it is stipulated hereby that Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the California Labor Code. (vi) Contractor is aware of and will comply with the provisions of California Labor Code Sections 1777.5 and 1777.6 with respect to the employment of
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apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Contractor in connection with this Agreement. (vii) Pursuant to California Labor Code Section 1775, it is hereby stipulated that Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Contractor or any sub-consultant or subcontractor.
c. Bidding Eligibility. Pursuant to California Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. Pursuant to California Public Contract Code Section 6109, Contractor may not perform any Services hereunder with a subcontractor who is ineligible to perform the Services pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
d. DIR Monitoring. Pursuant to California Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Contractor or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of California Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Contractor or any party performing the Services to provide any required disclosure or identification as required by California Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees, and Assessments. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Contractor represents, warrants, and covenants to City that Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services.
In addition to the foregoing, Contractor and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties
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and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest. Contractor represents, warrants, and covenants that Contractor presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement. Contractor further agrees that while this Agreement is in effect, Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Contractor’s obligations and responsibilities under this Agreement.
7.6 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.
7.7 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Contractor acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
7.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of FIVE HUNDRED DOLLARS ($500.00) as liquidated damages for each working day of delay in the performance of any of the Services. City may withhold from any monies payable on account of the Services performed by Contractor any accrued liquidated damages.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may terminate this Agreement at any time and without cause upon thirty (30) days’ written notification to Contractor. City may also terminate this Agreement pursuant to Subsection 8.8.
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8.2 Termination by Contractor. Contractor may terminate this Agreement upon sixty (60) days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Contractor shall be entitled to compensation for the Services satisfactorily performed up to the date of termination; City, however, may condition payment of such compensation upon Contractor delivering to City any or all materials provided to Contractor or prepared by or for Contractor or City in connection with this Agreement. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Administrator.
8.4 Administrative Change Orders. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Administrator to Contractor, incorporating therein any adjustment in (i) the total compensation, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor. Any increase in compensation of up to five percent (5%) of the total compensation or TWENTY-FIVE THOUSAND DOLLARS ($25,000), whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved in writing by the Contract Administrator. Contractor understands and agrees that, if City grants an extension in time without additional work, City shall have no obligation to provide Contractor with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred during the extension period. All other extensions or modifications to this Agreement shall require a written amendment pursuant to Subsection 8.5.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. The Contract Administrator shall have the authority to execute amendments to this Agreement which do not materially change the terms hereof, in the Contract Administrator’s discretion, to the extent permitted by applicable federal, state, and local law. The Contract Administrator may refer any proposed amendment to the City Council for review and approval.
8.6 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Contractor shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the Scope of Services, without prior written approval of the Contract
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Administrator. In the event of any unapproved assignment, including in connection with any bankruptcy proceeding, this Agreement shall be void. No approved assignment shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the expiration or termination of this Agreement.
8.8 Disputes, Default. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any of the Services performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, in the sole discretion of the Contract Administrator. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor pursuant to this Agreement;
c. Retain a different contractor to complete the Services; and/or d. Charge Contractor the difference between the cost to complete the Services that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the Services.
Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
8.9 Claims by Contractor. Claims, as that term is defined in California Public Contract Code Section 9204, by Contractor and, where applicable, any subcontractor, in connection with a public works project shall by subject to the mediation procedure in California Public Contract Code Section 9204.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Documents and Data. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Administrator or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Administrator
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shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
9.4 Reports. Contractor shall periodically prepare and submit to the Contract Administrator such reports concerning the performance of the Services required by this Agreement as the Contract Administrator shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Administrator of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
9.5 Confidentiality. City and Contractor agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Contract Administrator or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any Claims caused by or incurred as a result of Contractor’s conduct.
Contractor shall promptly notify City should Contractor, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any
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such response does not imply or mean the right by City to control, direct, or rewrite said response. Response to a subpoena or court order shall not be considered a voluntary disclosure so long as Contractor gives City notice of such court order or subpoena as provided herein. Contractor understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Contractor Principals and Representatives. The following principals of Contractor (“Principals”) are hereby designated as being the principals and
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representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Brad Skeene, Parks and Facilities Superintendent (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. It shall be Contractor’s responsibility to assure that the Contract Administrator is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Administrator. Unless otherwise provided by applicable law, the Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement.
Unless otherwise provided in this Agreement, Contractor shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Contractor shall be sent to:
«Contractor»
Attn: «Contractor_Contact»
«Address»
«City», «State» «Zip_Code»
Any written notice to City shall be sent to the Contract Administrator at:
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City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
Attn: Brad Skeene, Parks and Facilities Superintendent
with a copy to:
City Clerk
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.11 Integration, Interpretation. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.14 Nondiscrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the
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performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.15 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Contractor, or from any officer, employee, or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF YORBA LINDA
Tara Campbell, Mayor
Attest:
Marcia Brown, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
CONTRACTOR
By:
Name:
Title:
By:
Name:
Title:
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless
provided with a certificate of secretary inlieu]
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
Services shall include Bryant Ranch Park Sport Court Improvement Project services, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, in the amount not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») as further detailed in the attached pages (if any). If the Services include Services pursuant to a request for proposals or bid, the Services shall include the work contemplated by the entire “Bid Package” or “Request for Proposals” for the Services, including all plans, addenda, documentation, and specifications attached thereto. A copy of the Bid Package and/or Request for Proposals, as applicable shall be retained with a copy of this Agreement.
Contractor shall keep a copy of the same for at least three (3) years following termination of this Agreement.
[ATTACH BID PACKAGE / SCOPE OF WORK]
(PAGE 1 OF 2)
CITY OF YORBA LINDA
FAITHFUL PERFORMANCE BOND
FOR
BRYANT RANCH PARK SPORT COURT IMPROVEMENT PROJECT
KNOW ALL MEN BY THESE PRESENTS that, Insert Contractors Name, as CONTRACTOR, and,___________________________________________________as SURETY, are held and firmly bound unto the City of Yorba Linda, as AGENCY, in the penal sum of Insert Written Dollar amount Dollars ($.00), which is one hundred (100%) of the total contract amount for the above stated project, for the payment of which sums, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.
WITNESS our hands this ________ day of _____________, 2025.
CONTRACTOR (CORPORATION-TYPE)
(SEAL) By
President
By
Secretary/Treasurer
FAITHFUL PERFORMANCE BOND
(PAGE 2 OF 2)
______________________________
SURETY'S NAME-TYPE
______________________________
MAILING ADDRESS (SURETY)
BY:
Name
(SEAL)
Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS AND SURETY MUST BE NOTARIZED, ATTACH JURAT.
BOND APPROVED AS TO FORM:
CITY ATTORNEY - CITY OF YORBA LINDA
(PAGE 1 OF 2)
CITY OF YORBA LINDA
MATERIAL AND LABOR BOND
FOR
BRYANT RANCH PARK SPORT COURT IMPROVEMENT PROJECT
KNOW ALL MEN BY THESE PRESENTS that, Insert Contractors Name, as CONTRACTOR, and,___________________________________________________as SURETY, are held and firmly bound unto the City of Yorba Linda, as AGENCY, in the penal sum of Insert Written Dollar amount Dollars ($.00), which is one hundred (100%) of the total contract amount for the above stated project, for the payment of which sums, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to be the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.
WITNESS our hands this ________ day of _____________, 2025.
CONTRACTOR (CORPORATION-TYPE)
By___________________________
President
(SEAL) By __________________________
Secretary/Treasurer
MATERIAL AND LABOR BOND
(PAGE 2 OF 2)
SURETY'S NAME-TYPE
MAILING ADDRESS (SURETY)
BY:
Name
(SEAL)
Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS AND SURETY MUST BE NOTARIZED, ATTACH JURAT.
BOND APPROVED AS TO FORM:
CITY ATTORNEY - CITY OF YORBA LINDA
ADMINISTRATION DEPARTMENT
DATE: AUGUST 5, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JEFF JOHNSON, IT MANAGER
SUBJECT: ACCELA SOFTWARE RENEWAL
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to execute an agreement to obtain three years of Accela licensing, with two optional one-year extensions, for a total cost not to exceed $367,187.70 for the full five-year term.
BACKGROUND
The City has been using Land Management products from Accela since the initial purchase of Permits Plus in 1996. In 2008, staff was advised that product would no longer be supported, and that the City needed to migrate to a newer platform. At the July 16, 2013, City Council meeting, the City Council approved the upgrade to Accela Automation. The upgrade included the upfront software and implementation costs, five years of recurring maintenance, and expansion of the system to include the Building, Community Preservation, Engineering, and Planning divisions. At the end of the initial five years, the agreement was extended for two one-year terms, and then at the July 21, 2020 City Council meeting, the City Council approved renewing the product for another five-year term.
Accela allows City staff to streamline or automate various services and operations. This includes building permits and inspections, business licensing, planning and zoning, community preservation, service request management, and more. By using Accela, staff can improve efficiency, enhance citizen access, and ensure better transparency and data security.
DISCUSSION
City staff believes we have been receiving a good value for the use of the Accela platform.
Staff has continually made enhancements to make our processes more efficient. Most recently, staff has been evaluating the customer experience and has identified areas that would make the process of online permitting smoother and more efficient.
ACCELA SOFTWARE RENEWAL
P a g e | 2
Staff would like to continue the use of Accela and continue making it a better user experience. Accela proposed three different term agreements with varying annual increases.
1-year term with an 8% annual increase in support fees. 3-year term with a 6.5% annual increase in support fees. 5-year term with a 5% annual increase in support fees.
Staff negotiated with Accela to match the expiring agreement of a three-year term with two one-year renewals at the reduced fixed increase rate of 5%. The table below summarizes the licensing costs.
Year Cost
Year 1 $66,451.72
Year 2 $69,774.31
Year 3 $73,263.02
Year 4 (optional) $76,926.17
Year 5 (optional) $80,772.48
Total Cost $367,187.70
Staff recommends the City Council authorize the City Manager to execute an agreement to obtain three years of additional Accela licensing, with two one-year extension options, for a total five-year cost not to exceed $367,187.70.
FISCAL IMPACT
There is no additional fiscal impact, as the funds are currently budgeted for the software maintenance.
ATTACHMENTS
1. Yorba Linda, CA - City of - Renewal Order Form (2025-2030)
2. Accela Subscription Services Agreement (2025-2030)
9110 Alcosta Blvd, Suite H #3030
San Ramon, CA, 94583
Proposed by: Caitlin Carter
Contact Phone: (925) 359 - 3411
Contact Email: [email protected]
Quote ID: Q-36469
Valid Through: 8/31/2025
Currency: USD
Renewal Order Form
Address Information
Bill To: Ship To:
City of Yorba Linda City of Yorba Linda
4845 Casa Loma P.O. Box 87104 4845 Casa Loma P.O. Box 87104 Yorba Linda, California, 92885-8714 Yorba Linda, California92885-8714 United States United States
Billing Name: Larry Klingaman
Billing Phone: 714-961-7158
Billing Email: [email protected]
Services Year Start Date End Date Term
(Months) Price Qty Net Total
Accela Citizen Access -
Subscription Population (64223) Year 1 08/01/2025 07/31/2026 12 $2,800.36 1 $2,800.36 Accela Civic Platform -
Subscription User Year 1 08/01/2025 07/31/2026 12 $2,194.87 29 $63,651.36 TOTAL: $66,451.72
Services Year Start Date End Date Term
(Months) Price Qty Net Total
Accela Citizen Access -
Subscription Population (64223) Year 2 08/01/2026 07/31/2027 12 $2,940.38 1 $2,940.38 Accela Civic Platform -
Subscription User Year 2 08/01/2026 07/31/2027 12 $2,304.62 29 $66,833.93 TOTAL: $69,774.31
Services Year Start Date End Date Term
(Months) Price Qty Net Total
Accela Citizen Access -
Subscription Population (64223) Year 3 08/01/2027 07/31/2028 12 $3,087.40 1 $3,087.40 Accela Civic Platform -
Subscription User Year 3 08/01/2027 07/31/2028 12 $2,419.85 29 $70,175.62 TOTAL: $73,263.02
Optional Services Year Start Date End Date Term
(Months) Price Qty Net Total
Accela Citizen Access -
Subscription Population (64223) Year 4 08/01/2028 07/31/2029 12 $3,241.77 1 $3,241.77 Accela Civic Platform -
Subscription User Year 4 08/01/2028 07/31/2029 12 $2,540.84 29 $73,684.40 TOTAL: $76,926.17
Optional Services Year Start Date End Date Term
(Months) Price Qty Net Total
Accela Citizen Access -
Subscription Population (64223) Year 5 08/01/2029 07/31/2030 12 $3,403.86 1 $3,403.86 Accela Civic Platform -
Subscription User Year 5 08/01/2029 07/31/2030 12 $2,667.88 29 $77,368.62 TOTAL: $80,772.48
Pricing Summary
Period Net Total
Year 1 $66,451.72
Year 2 $69,774.31
Year 3 $73,263.02
Optional Year 4 $76,926.17
Optional Year 5 $80,772.48
Total $367,187.70
Renewal Terms/Information:
1. This Order Form, including any OnPrem Licenses, Maintenance and Support, Subscription Services, Enhanced Reporting Database and Managed Application Services will be governed by the applicable terms and conditions. If those terms and conditions are non-existent, have expired, do not apply or have otherwise been terminated, the following terms at AccelaTerms will govern as applicable, based on the Customer’s purchase.
2. No additional or conflicting terms or conditions stated in Customer’s order documentation, including, without limitation, purchase orders, will be incorporated into or form any part of this Order Form or the governing agreement, and all such terms or conditions will be null and void.
3. For Software Licenses, Accela may terminate this Order Form in the event the Software is phased out across Accela’s customer base. In such event, Accela will provide Customer sufficient advance notice and the parties will mutually agree to a migration plan for converting Customer to another Accela generally-available offering with comparable functionality.
4. Subscriptions continue from the Order Start Date through the number of months listed in this Order Form (or if not listed, twelve (12) months). Thereafter Subscriptions automatically renew annually as calculated from Order Start Date of Customer’s first Subscription purchase.
5. All Software Licenses, Maintenance, and Subscription purchases are non-cancelable and non-refundable.
6. Pricing is based upon payment by ACH and check. Payment by credit card (including Purchase Cards) for product and services in this Order Form will be subject to a service charge of 3%. There is no service charge for ACH or check payment.
7. Customer may purchase additional licenses at the same price and for the same term as the licenses in this Order Form. Additional licenses purchased in this way will have the same annual price applicable for the purchase period and will have the same uplift and term dates as Customer’s existing licenses.
Signatures
Accela, Inc. Customer
Signature: \signature2 {"size": "medium"}\ Signature: \signature1 {"size": "medium"}\ Print Name: \fullname2\ Print Name: \fullname1\
Title: \title2\ Title: \title1\
Date: \date2\ Date: \date1\
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ACCELA SUBSCRIPTION SERVICES AGREEMENT
This Accela Subscription Services Agreement (this “Agreement”) is entered into as of the date of the applicable Order, as defined below, that incorporates these terms (the “Effective Date”) by and between Accela, Inc. and the entity identified in such Order (“Customer”).
1. DEFINITIONS.
1.1 "Accela System" means the information technology infrastructure used by or on behalf of Accela in performing the Subscriptions Services, including all computers, software (including but not limited to Accela Software), hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Accela or its third party suppliers.
1.2 "Aggregate Data" means data and information related to Customer's use of the Subscription Services, including anonymized analysis of all data processed in the Subscription Services, that is used by Accela in an aggregate and anonymized manner, including compiling statistical and performance information related to the provision and operation of the Services.
1.3 "Authorized User" means one named employee, contractor, or agent of Customer (each identified by a unique email address) for whom Customer has purchased a subscription to the Subscription Services and who is authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement.
1.4 “Consulting Services” means packaged or time and materials consulting, review, training, or other services (but excluding Subscription and Support Services) delivered by Accela to Customer pursuant to an Order. The current Consulting Services Policy is available at www.accela.com/terms/.
1.5 “Customer Data” means the content, materials, and data that Customer, Authorized Users, and External Users enter into the Subscription Services. Customer Data does not include any component of the Subscription Services, material provided by or on behalf of Accela, or Aggregate Data.
1.6 “Documentation” means the then-current technical and functional user documentation in any form made generally available by Accela for the Subscription Services.
1.7 “External Users” means third party users of the Subscription Services that access the public-facing interfaces of the Subscription Services to submit queries and requests to facilitate communications between such third party and Customer.
1.8 “Intellectual Property Rights” means any patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual property rights, in all cases whether or not registered or registrable and recognized in any country or jurisdiction in the world.
1.9 “Order” means an Accela order form or other mutually acceptable document fully executed between Customer and Accela that incorporates this Agreement.
1.10 “Service Availability Policy” means the Service Availability and Security Policy located at www.accela.com/terms/.
1.11 “Subscription Services” means the civic administration services, comprised of the Accela System, Software, and Support Services, to which Customer may license access to in accordance with the terms herein.
1.12 “Software” means any licensed software (including client software for Authorized Users’ devices) and Documentation that Accela uses or makes available as part of the Subscription Services.
1.13 “Support Services” means those technical and help services provided by Accela in accordance with the Software Support Services Policies (SaaS) located at www.accela.com/terms/.
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1.14 “Subscription Period” means the duration of Customer’s authorized use of the Subscription Services as designated in the Order.
2. USAGE AND ACCESS RIGHTS.
2.1 Right to Access. Subject to the terms and conditions of this Agreement, Accela hereby grants to Customer a limited, non-exclusive, non-transferable right and license during the Subscription Period, to permit: (i) Authorized Users to access and use the internal and administrative interfaces of the Subscription Services in accordance with the Documentation to support Customer’s internal business purposes and (ii) its External Users the ability to access and use the publicly available interfaces to submit requests and information to Customer. Each instance of the Subscription Service shall be provisioned with the amount of storage set forth in the Order and additional storage may be purchased at the then-current rates.
2.2 Support Services & Service Availability. During the Subscription Period, Accela shall provide to Customer the Support Services specified in the Order and shall make all commercially reasonable efforts to attain the service levels specified in the applicable policies. The remedies set forth in the Software Support Services Policies (SaaS) and Service Availability and Security Policy are the sole and exclusive remedies for any breach of the service levels.
Customer grants Accela a royalty-free, worldwide, transferable, sub- licensable, irrevocable, perpetual license to use or incorporate into its software or services any suggestions or other feedback provided by Customer or Authorized Users relating to the operation or features of the Subscription Services.
2.3 Purchasing Consulting Services. Customer may purchase Consulting Services from Accela by executing an Order for such services. All prices are exclusive of travel and expenses, which will be invoiced at actual cost, without markup, and will comply with the Consulting Services Policy located at www.accela.com/terms/ or as otherwise agreed in the applicable Order. If applicable, one Consulting Services day shall be equal to eight (8) hours.
2.4 Restrictions on Use. Customer shall not, and shall not permit others to: (i) use or access the Subscription Services in any manner except as expressly permitted by the Agreement, including but not limited to, in a manner that circumvents contractual usage restrictions set forth in this Agreement; (ii) license, sub-license, sell, re-sell, rent, lease, transfer, distribute, time share or otherwise make any portion of the Subscription Services available for access by third parties except as otherwise expressly provided herein; (iii) use the Subscription Service in a way that: (a) violates or infringes upon the rights of a third party; or (b) stores or transmits libelous, tortious, or otherwise unlawful material or malicious code or viruses; (iv) create derivative works, reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about any of the Subscription Services (except to and only to the extent such rights are proscribed by law); (v) interfere with or disrupt the security, integrity, operation, or performance of the Subscription Services; (vi) access, use, or provide access or use to the Subscription Services or Documentation for the purposes of competitive analysis or the development, provision, or use of a competing software, SaaS or product or any other purpose that is to Accela’s detriment or commercial disadvantage; (vii) provide access to the Subscription Services to competitors of Accela; (viii) access or use components of the Subscription Service not licensed by Customer; (ix) use or allow the use of the Subscription Services by anyone located in, under the control of, or that is a national or resident of a U.S. embargoed country or territory or by a prohibited end user under Export Control Laws (as defined in Section
12.3, Compliance with Laws); (x) remove, delete, alter or obscure any trademarks, Documentation, warranties, or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Subscription Services; or (xi) access or use the Subscription Services in, or in association with, the design, construction, maintenance, or operation of any hazardous environments, systems or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Subscription Services could lead to personal injury or severe physical or property damage.
2.5 Ownership. Accela retains all Intellectual Property Rights, including all rights, title and license to the Subscription Service, Software, Accela System, Support Services, Consulting Services, and Aggregate Data, any related work product of the foregoing and all derivative works thereof by whomever produced; provided however,
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that to the extent such materials are delivered to Customer as part of the Subscription Services, Consulting Services or Support Services then Customer shall receive a limited license consistent with the terms of Section 2 to use such materials during the Subscription Period.
2.6 Customer’s Responsibilities. Customer will: (i) be responsible for meeting Accela’s applicable minimum system requirements for use of the Subscription Services set forth in the Documentation; (ii) be responsible for Authorized Users’ compliance with this Agreement and for any other activity (whether or not authorized by Customer) occurring under Customer’s account; (iii) be solely responsible for the accuracy, quality, integrity and legality of Customer Data; (iv) use commercially reasonable efforts to prevent unauthorized access to or use of the Subscription Services and Customer Data under its account, and notify Accela promptly of any such unauthorized access or use, and; (v) use the Subscription Services only in accordance with the applicable Documentation, laws and government regulations.
3. PAYMENT TERMS.
3.1 Purchases Directly from Accela. Except as otherwise set forth in an Order, Subscription fees shall be invoiced annually in advance and such fees shall be due and payable on the first day of the Subscription and on each anniversary thereafter for each renewal, if any. All other invoices shall be due and payable net thirty (30) from the date of the applicable invoice. All amounts payable to Accela under this Agreement shall be paid by Customer in full without any setoff, deduction, debit, or withholding for any reason. Any late payments shall be subject to an additional charge of the lesser of 1.5% per month or the maximum permitted by law. All Subscription Services fees are exclusive of any taxes, levies, duties, withholding or similar governmental assessments of any nature (collectively, “Taxes”). If any such Taxes are owed or payable for such transactions, they shall be paid separately by Customer without set-off to the fees due Accela.
3.2 Purchases from Authorized Resellers. In the event that Customer has purchased any products or services through a reseller, subject to these terms, any separate payment arrangements and terms shall be exclusively through such reseller and Accela is not a party to such transactions. Accela’s sole obligations are set forth herein and Customer acknowledges that its rights hereunder may be terminated for non-payment to such third party.
4. CONFIDENTIALITY. As used herein, “Confidential Information” means all confidential information disclosed by a one party to this Agreement to the other party of this Agreement whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. However, Confidential Information will not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the disclosing party; (ii) was known to the receiving party prior to its disclosure without breach of any obligation owed to the disclosing party; (iii) is received without restriction from a third party without breach of any obligation owed to the disclosing party; or (iv) was independently developed by the receiving party without the use of the disclosing party’s Confidential Information. Each party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) not to disclose or use any Confidential Information except as permitted herein, and will limit access to Confidential Information to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who are bound to protect such Confidential Information consistent with this Agreement. The receiving party may disclose Confidential Information if it is compelled by law to do so, provided the receiving party gives the disclosing party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the disclosing party's request and cost, to contest, limit, or protect the disclosure.
5. CUSTOMER DATA.
5.1 Ownership. Customer reserves all its rights, title, and interest in and to the Customer Data. No rights are granted to Accela hereunder with respect to the Customer Data, except as otherwise set forth explicitly in Section
5.
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5.2 Usage. Customer shall be responsible for Customer Data, as defined above, and as entered into, applied in, or used in the Subscription Services. Customer acknowledges that Accela generally does not have access to Customer Data as it is entered into the Subscription Services and Accela cannot retrieve lost Customer Data. Customer grants to Accela the non-exclusive right to process Customer Data (including personal data) for the sole purpose of and only to the extent necessary for Accela: (i) to provide the Subscription Services; (ii) to verify Customer’s compliance with the restrictions set forth in Section 2.4 (Restrictions on Use) if Accela has a reasonable belief of Customer’s non-compliance; and (iii) as otherwise set forth in this Agreement. Accela may utilize the information concerning Customer’s use of the Subscription Services (excluding any use of Customer’s Confidential Information) to improve Subscription Services, to provide Customer with reports on its use of the Subscription Services, and to compile aggregate statistics and usage patterns by customers using the Subscription Services.
5.3 Use of Aggregate Data. Customer agrees that Accela may collect, use, and disclose Aggregate Data, as defined above, derived from the use of the Subscription Services for industry analysis, benchmarking, analytics, marketing, and other business purposes. All Aggregate Data collected, used, and disclosed will be in aggregate form only and will not identify Customer, its Authorized Users or any third parties utilizing the Subscription Services.
6. WARRANTIES AND DISCLAIMERS.
6.1 Subscription Services Warranty. During the Subscription Period, Accela warrants that Subscription Services shall perform materially in accordance with the applicable Documentation. As Customer’s sole and exclusive remedy and Accela’s entire liability for any breach of the foregoing warranty, Accela will use commercially reasonable efforts to: (a) repair the Subscription Services in question; (b) replace the Subscription Services in question with those of substantially similar functionality; or (c), after making all commercially reasonable attempts to do the foregoing, terminate the applicable Subscription Services and refund all unused, prepaid fees paid by Customer for such non-compliant Subscription Services.
6.2 Consulting Services Warranty. For ninety (90) days from the applicable delivery, Accela warrants that Consulting Services shall be performed in a professional and workmanlike manner. As Customer’s sole and exclusive remedy and Accela’s entire liability for any breach of the foregoing warranty, Accela will use commercially reasonable efforts to (a) re-perform the Consulting Services in a compliant manner; or, after making all commercially reasonable attempts to do the foregoing, (b) refund the fees paid for the non-compliant Consulting Services.
6.3. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ACCELA MAKES NO WARRANTY OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
6.4. Cannabis-Related Activities. If Customer purchases any Subscription Services for use with any cannabisrelated activities, the following additional disclaimers shall apply: Accela is considered a software service provider to its customers and not a cannabis related business or agent thereof. In addition to the foregoing, Accela only retains Subscription Services fees of this Agreement from its Customer for general software services, a state or local government agency, and does not retain these fees from any type of External Users. It is the sole responsibility of the Customer to offer state law compliant services, which may be coordinated and facilitated through the use of the Subscription Services. Accela makes no representations, promises, or warranties with respect to the legality, suitability, or otherwise regarding any third party provider, including partners, and have no responsibility or liability with respect to services provided to Customer by such third parties.
7. INDEMNIFICATION. Accela will defend (or at Accela’s option, settle) any third party claim, suit or action brought against Customer to the extent that it is based upon a claim that the Subscription Services, as furnished by Accela hereunder, infringes or misappropriates the Intellectual Property Rights of any third party, and will pay any costs, damages and reasonable attorneys’ fees attributable to such claim that are finally awarded against Customer, provided that Customer provides: (a) Accela notice of such claim as soon practical and in no event later than would
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reasonably permit Accela to respond to such claim, (b) reasonable cooperation to Accela, at Accela’s expense, in the defense and/or settlement of such claim and (c) Accela the sole and exclusive control of the defense, litigation and settlement of such claim. In the event that Accela reasonably believes, in its sole discretion, that such claim may prevail or that the usage of the Subscription Services may be joined, Accela may seek to: (a) modify the Subscription Services such that it will be non-infringing (provided such modification does not materially reduce the functionality or performance of Customer’s installed instance); (b) replace the Subscription Services with a service that is non-infringing and provides substantially similar functionality and performance; or, if the first two options are not commercially practicable, (c) terminate the remainder of the Subscription Period and refund any, pre-paid, unused fees received by Accela. Accela will have no liability under this Section 7 to the extent any claims arise from (i) any combination of the Subscription Services with products, services, methods of a third party; (ii) a modification of the Subscription Services that were either implemented by anyone other than Accela or implemented by Accela in accordance with Customer specifications; (iii) any use of the Subscription Services in a manner that violates this Agreement or the instructions given to Customer by Accela; (iv) a version of the Subscription Services other than the current, fully patched version, provided such updated version would have avoided the infringement; or (v) Customer’s breach of this Agreement. THIS SECTION 7 STATES THE ENTIRE
OBLIGATION OF ACCELA AND ITS LICENSORS WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS RELATED TO THIS AGREEMENT.
8. LIMITATION OF LIABILITY. EXCEPT FOR LIABILITY ARISING OUT OF EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY OR CUSTOMER’S BREACH OF SECTION 2, NEITHER PARTY’S AGGREGATE LIABILITY FOR
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO
USE THE SERVICE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT. EXCEPT FOR LIABILITY ARISING OUT OF CUSTOMER’S BREACH OF SECTION 2 OR EITHER PARTY’S
LIABILITY FOR DEATH OR PERSONAL INJURY, IN NO EVENT SHALL EITHER PARTY OR ANY OTHER PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL,
SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR
SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO
USE THE SUBSCRIPTION SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING EXCLUSIONS APPLY WHETHER OR NOT A
PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
9. SECURITY. Accela has implemented commercially viable and reasonable information security processes, policies, and technology safeguards to protect the confidentiality and integrity of Customer Data, personal data protect against reasonably anticipated threats. Customer acknowledges that, notwithstanding security features of the Subscription Services, no product, hardware, software or service can provide a completely secure mechanism of electronic transmission or communication and that there are persons and entities, including enterprises, governments and quasi- governmental actors, as well as technologies, that may attempt to breach any electronic security measure. Subject only to its limited warranty obligations set forth in Section 6, Accela will have no liability for any such security breach. Customer further acknowledges that the Subscription Services is not guaranteed to operate without interruptions, failures, or errors. If Customer or Authorized Users use the Subscription Services in any application or environment where failure could cause personal injury, loss of life, or other substantial harm, Customer assumes any associated risks and will indemnify Accela and hold it harmless against those risks.
10. THIRD PARTY SERVICES. Customer may choose to obtain a product or service from a third party that is not directly produced by Accela as a component of the Subscription Services (“Third Party Services”), and this may include third party products resold by Accela. Accela assumes no responsibility for, and specifically disclaims any liability, warranty or obligation with respect to, any Third Party Services or the performance of the Subscription Services (including Accela’s service level commitment) when the Subscription Services are used in combination with or integrated with Third Party Services.
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11. TERM AND TERMINATION.
11.1 Agreement Term. This Agreement shall become effective on the Effective Date and shall continue in full force and effect until the expiration of any Subscription Periods set forth in an applicable Order governed by the Agreement.
11.2 Subscription Periods & Renewals. Subscription Periods begin as specified in the applicable Order and, unless terminated earlier in accordance with this Agreement, continue for the term specified therein. Except as otherwise specified in the applicable Order, (a) all Subscription Services will automatically renew for additional Subscription Periods equal to the expiring Subscription Period, unless either party gives the other at least sixty (60) days’ notice of non-renewal before the end of the relevant Subscription Period and (b), Orders may only be cancelled or terminated early in accordance with Section 11.3. Subscription Services renewals may be subject to an annual increase, for which Accela shall provide Customer notice prior to the renewal of the Subscription Period. In the event of any non-renewal or other termination, Customer’s right to use the Subscription Services will terminate at the end of the relevant Subscription Period.
11.3 Termination or Suspension for Cause. A party may terminate this Agreement and Subscription Services license granted hereunder for cause upon thirty (30) days’ written notice to the other party of a material breach if such breach remains uncured at the expiration of such thirty (30) day period. Either party may terminate immediately if the other party files for bankruptcy or becomes insolvent. Accela may, at its sole option, suspend Customer’s or any Authorized User’s access to the Subscription Services, or any portion thereof, immediately if Accela: (i) suspects that any person other than Customer or an Authorized User is using or attempting to use Customer Data; (ii) suspects that Customer or an Authorized User is using the Subscription Services in a way that violates this Agreement and could expose Accela or any other entity to harm or legal liability; (iii) is or reasonably believes it is required to do so by law or court order or; (iv) Customer’s payment obligations are more than ninety (90) days past due, provided that Accela has provided at least thirty (30) days’ notice of such suspension for delinquent payment. Should Customer terminate this Agreement for cause, Accela will refund a pro-rata portion of unused, pre-paid fees for the non-compliant Services.
11.4 Effect of Termination. If this Agreement expires or is terminated for any reason: (i) within thirty (30) calendar days following the end of Customer’s final Subscription Period, upon Customer’s request, Accela will provide Customer Data and associated documents in a database dump file; provided that Customer pays (a) all costs of and associated with such copying, as calculated at Accela’s then-current time-and-materials rates, and (b) any and all unpaid amounts due to Accela; (ii) licenses and use rights granted to Customer with respect to Subscription Services and intellectual property will immediately terminate; and (iii) Accela’s obligation to provide any further services to Customer under this Agreement will immediately terminate, except as mutually agreed between the parties. If the Subscription Services are nearing expiration date or are otherwise terminated, Accela will initiate its data retention processes, including the deletion of Customer Data from systems directly controlled by Accela.
Accela’s current Data Storage Policy can be accessed www.accela.com/terms/.
11.5 Survival. Sections 2.5 (Ownership), 4 (Confidentiality), 6.3 (Disclaimer), 8 (Limitation of Liability), 11.4 (Effect of Termination), 11.5 (Surviving Provisions), and 12 (General Provisions) will survive any termination or expiration of this Agreement.
12. GENERAL.
12.1 Notice. Except as otherwise specified in this Agreement, all notices, permissions, and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery; (ii) three days after sending registered, return receipt requested, post or; (iii) one day after sending by commercial overnight carrier. Notices will be sent to the address specified by the recipient in writing when entering into this Agreement or establishing Customer’s account for the Subscription Services.
12.2 Governing Law and Jurisdiction. This Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of
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any action related to the subject matter of this Agreement will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
12.3 Compliance with Laws. Each party will comply with all applicable laws and regulations with respect to its activities under this Agreement including, but not limited to, export laws and regulations of the United States and other applicable jurisdictions. Further, in connection with the services performed under this Agreement and Customer’s use of the Subscription Services, the parties agree to comply with all applicable anti-corruption and anti-bribery laws, statutes, and regulations.
12.4 Assignment. Customer may not assign or transfer this Agreement, whether by operation of law or otherwise, without the prior written consent of Accela, which shall not be unreasonably withheld. Any attempted assignment or transfer, without such consent, will be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
12.5 Publicity. Notwithstanding anything to the contrary, each party will have the right to publicly announce the existence of the business relationship between parties without disclosing the specific terms of the Agreement.
12.6 Miscellaneous. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect. Accela will not be liable for any delay or failure to perform under this Agreement to the extent such delay or failure results from circumstances or causes beyond the reasonable control of Accela. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or similar relationship between the parties. This Agreement, including any attachments hereto as mutually agreed upon by the parties, constitute the entire agreement between the parties concerning its subject matter and it supersedes all prior communications, agreements, proposals, or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by a duly authorized representative of each party against whom the modification, amendment or waiver is to be asserted. Notwithstanding any language to the contrary, no additional or conflicting terms or conditions stated in any of Customer’s purchase order documentation or otherwise will be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
In WITNESS WHERE OF, the parties have indicated their acceptance of the terms of this Agreement by their signatures below.
ACCELA, INC. CUSTOMER: ______________________________
Signature: _______________________________ Signature: _______________________________ Name: _______________________________ Name: _______________________________ Title: _______________________________ Title: _______________________________ Date: _______________________________ Date: _______________________________
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: AUGUST 5, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATE FARNSWORTH, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: JEFF MCIVER, BUILDING OFFICIAL
SUBJECT: DEMOLITION PERMIT REQUEST FOR 4815 MAIN STREET
RECOMMENDATION
It is recommended that City Council approve the demolition permit request for 4815 Main Street.
BACKGROUND
The City has received a request to demolish the interior and exterior walls and roof system for the structure located at 4815 Main Street. The existing façade facing Main Street has architectural significance and will be retained in its entirety without modification. The structure located at 4815 Main Street is a single-story, wood-framed commercial office building on a concrete foundation, with a flat roof, and an exterior finish of wood siding. The building is 1,217 square feet and sits on a 2,500 square foot lot. The interior is comprised of (2) offices and (1) restroom.
This structure is located within an oil and gas field administrative boundary, and is connected to Southern California Edison, Southern California Gas and a sanitary sewer. All utilities will be disconnected prior to the building being demolished.
DISCUSSION
In accordance with the City Council’s P-2 policy, the demolition permit request has been analyzed to determine whether there is any historic significance with the existing singlestory, wood-framed commercial property located at 4815 Main Street. According to the 2010 Citywide Historic Resources Survey, with the attached Primary Record (Form 523A, attachment #8), the subject structure is listed as a contributing property within the Main Street Historic District, which is recognized as a locally significant historic district. As a designated “District Contributor,” the building was constructed during the district’s period of significance and retains a high degree of historic integrity.
In April 2025, Architectural Historian Pam Daly conducted a site visit and confirmed the structure remains eligible for listing in both the National and California Registers. Her findings note the building’s association with Yorba Linda’s early commercial core and its
DEMOLITION PERMIT REQUEST FOR 4815 MAIN STREET
P a g e | 2
architectural significance as a rare, one-story “Western false front” commercial structure with Italianate influences on the street-facing façade. The building maintains strong physical integrity, including its original design, materials, workmanship, location, setting, feeling, and association.
Ms. Daly’s site assessment report (Historical Analysis, attachment #7) recommends preserving the historic front façade while allowing for an addition to the rear of the building.
In response, the applicant is proposing to retain the original street-facing façade in its entirety. The requested demolition permit would allow for the removal of interior and exterior walls behind the façade and construction of a 42-foot rear addition. Proposed elevations and floor plans are provided below for reference (attachment #3).
The demolition request will be reviewed by the Engineering Division for compliance with storm water prevention and best management practices (BMPs). An asbestos survey was performed, and laboratory analysis revealed detectable levels of asbestos or assumed asbestos; appropriate abatement measures will be required, and the South Coast Air Quality Management District will be notified.
FISCAL IMPACT
None
ALTERNATIVES
The City Council could deny the demolition permit request
ATTACHMENTS
1. Demolition Permit Request
2. Existing Site Plan
3. Proposed Floor Plan and Elevation
4. Asbestos Survey Inspection Report
5. Aerial View
6. Front View
7. Historical Analysis
8. Dept. of Parks & Recreation (Primary Record) Form 523A
9312 Tritt Circle, Villa Park, CA 92861 – Phone 714-401-0137 To:
City of Yorba Linda
Building Division
4845 Casa Loma Ave
Yorba Linda, CA 92886
Date:
June 10, 2025
RE:
Application for demolition of commercial building, much of the structural walls and roof Enclosure:
- Plan sheet demolition A1.00
- Proposed design sheets, site plan, floor plan, exterior elevations, Exterior Photo real rendering - Historical architect report
Remarks:
Please find enclosed application and required documentation for the demolition of the structural walls and roof of an existing commercial building. 2 office, 1 bathroom and a large open office area. Located at 4815 Main Street. Approvals are pending for the construction of a new structure and roof based on the approval of the construction relative to these permit applications. Construction is estimated to commence 11/1/2025. The owner is the tenant, all occupants have been notified of the demolition application request.
Additional existing structure information:
Existing square footage of are to be demolished 1,217 sq.ft.
Lot area: 2,500 sq.ft.
Construction Type: V-B
Number of stories: (1)
Disturbed Land: N/A
Historical Significance: Yes
Should you have any questions regarding this application, please contact me directly. (714) 401-0137 Thank you for your consideration, sincerely,
Linda Francis, Architect, LEED AP
PROPERTY LINE PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
LEMON DRIVE MAIN ST.
PROPERTY LINE 8.2' 4.0'
0.5'5.0'
0.5' 7.0'
0.5'
0.5' 4.0' 8.4'
3.6' 2.5'
0.5' 3.2'
0.5'1.5'3.8'
BUILDING
1 STORY MASONRY BUILDING
BUILDING HEIGHT =16'±
BUILDING AREA = 1,217 S.F.±
STRUCTURE BEHIND MAIN ST.
FACADE TO BE DEMOLISHED 24.2' 3.0'
5.7' 15.7'
40.2'
3.0' 0.5' 0.4' 0.4' 0.6'0.7'
0.5' 0.3'
WM
BUILDING
4825 MAIN STREET
EPB
CPB
GPB
CPB
SLPB
WM
B.H.L.
OH
LOT 60
MB 7/45-46
BUILDING CORNER
(0.2' S. & 0.3' E. OF P.L.)
BUILDING CORNER
(0.1' S. & 0.3' E. OF P.L.)
OVERHANG
(1.7' E. OF P.L.) BUILDING CORNER (0.2' S. OF P.L.)
BUILDING CORNER
(0.2' S. OF P.L.)
BUILDING CORNER
(ON P.L.)
BUILDING CORNER
(ON P.L.) VINYL FENCE (0.3' S. OF P.L.)
LOT59
MB 7/45-46
A
B
A 4.0'
0.5'5.0'
0.5' 7.0'
0.5'5.0'
0.5' 4.0'
PLANTER
SMH
DI
~CONCRETE~
~LANDSCAPE
AREA~
~L / A~
~L / A~
BW
BW
BW
10'
5 FACE BLOCK WALL
WROUGHT IRON FENCE
CHAIN LINK FENCE
LP
LP
LP
BUILDING
4805 MAIN STREET
57.3' 34.4' 9.6'
2.4' 7.7'
3.5' 17.6'
SLPB
BFP
GP
WM
B.H.L. TE
GP(3)
EM
~L / A~
~A.C. PAVEMENT~
OH
BW
BW BUILDING CORNER
(0.4' N. OF P.L.)
BUILDING CORNER
(0.7' N. OF P.L.) S. FACE BLOCK WALL (ON P.L.)
LOT 61
MB 7/45-46 PROPERTY LINE MAIN STREET FACADE TO REMAIN AS IS Dennis J. Flynn Architects Inc. without first obtaining the express written permission and consent of or manner whatsoever, nor are they to be assigned to any third party These plans are not to be reproduced, changed or copied in any form its common law copyright and other property rights in these plans. C Copyright DENNIS J. FLYNN Architects Inc. expressly reserves 2025 PROJECT NUMBER:
9312 Tritt Circle
Villa Park, California 92861
(714) 602-9300 FAX(714) 602-9309
DENNIS J. FLYNN
ARCHITECTS, INC. 4815 MAIN ST, YORBA LINDA, CA 92886 BRAD CAMPBELL STATE FARM OFFICE BUILDING 05/31/24 OWNER REVIEW
07/19/24 ALL NEW CONSTRUCTION
08/13/24 PLANNING SUBMITTAL
STATE OF CALIFORNIA
LICENSED ARCHITECT
DENNIS J. FLYN
No. C-17001
Renewal 10/31/2024
SCALE: 1/8" = 1'-0"
0 10' 20'
NORTH EXISTING SITE PLAN
A1.00
EXISTING SITE PLAN
SECTION 8'-0"10'-0" 12'-0" 17'-0'
WEST ELEVATION (PROPOSED)
1815 17'-0"4815 17'-0"
24'-8"
EAST ELEVATION (EXISTING) EAST ELEVATION (PROPOSED)
NO CHANGES PROPOSED
Property line
4"
Property line
24'-8"
Property line
4"
Property line
24'-8"
Property line
4"
Property line
WOMEN'S
R.R.
MEN'S
R.R.
OWNER'S
OFFICE
BREAK
ROOM
STORAGE
JANITOR
CONFERENCE
OFFICE #2 OFFICE #1 DESK #1
DESK #3 DESK #2
RECEPTION
PATIO
3'-0"
60°
FIREPLACE
FIREPLACE
OUTDOOR
TV WITH
COVERED
CANOPY 25'-0" 4" 8'-4" 8'-0" 4"
19'-4" 8'-6" 5'-6" 8'-4" 24'-8" 14'-8"
19'-0" 13'-6" 8'-6" 19'-8" 12'-4" 12'-4" 14'-8" MAIN STREET FACADE TO REMAIN AS IS
ALL WALLS ILLUSTRATED ARE
NEW CONSTRUCTION
Dennis J. Flynn Architects Inc. without first obtaining the express written permission and consent of or manner whatsoever, nor are they to be assigned to any third party These plans are not to be reproduced, changed or copied in any form its common law copyright and other property rights in these plans.
C Copyright DENNIS J. FLYNN Architects Inc. expressly reserves 2025 PROJECT NUMBER:
9312 Tritt Circle
Villa Park, California 92861
(714) 602-9300 FAX(714) 602-9309
DENNIS J. FLYNN
ARCHITECTS, INC. 4815 MAIN ST, YORBA LINDA, CA 92886 BRAD CAMPBELL STATE FARM OFFICE BUILDING 05/31/24 OWNER REVIEW
07/19/24 ALL NEW CONSTRUCTION
08/13/24 PLANNING SUBMITTAL
STATE OF CALIFORNIA
LICENSED ARCHITECT DENNIS J. FLYNN
No. C-17001
Renewal 10/31/2024
EXTERIOR ELEVATIONS SCALE: 1" = 1'
SCALE: 1/4" = 1'-0"
NORTH
PROPOSED FLOOR PLAN
NEW
CONSTRUCTION
2,050 S.F.
EXISTING TO BE
DEMOLISHED
1,000 S.F. PROPOSED FLOOR PLAN AND ELEVATION
A2.01
750 S. Lincoln Avenue, #104, Corona, CA 92882
Office: 951.545.2495
Comprehensive Asbestos Survey Inspection Report
Project Site:
Commercial Property
4815 Main Street
Yorba Linda, CA 92886
Prepared for:
State Farm Insurance
4815 Main Street
Yorba Linda, CA 92886
Comprehensive Asbestos Survey Inspection Report for
Commercial Property: 4815 Main St., Yorba Linda, CA
Prepared for State Farm Campbell Insurance
By Focus Environmental Consulting, Project No.3110AS Page 1 Record of Certification:
This is to certify that this report was prepared by Focus Environmental Consulting, (Focus) under contract with State Farm Campbell Insurance for the comprehensive asbestos survey inspection at the commercial building located at 4815 Main Street in Yorba Linda, California. The inspection was completed utilizing applicable Federal and California State regulations. The findings in this report are consistent with accepted principles and practices established and prescribed by Southern California Air Quality Management District (SCAQMD), Occupational Safety and Health Administration (OSHA), National Emission Standards for Hazardous Air Pollutants (NESHAPS) and Environmental Protection Agency (EPA).
This report, the supporting data, findings, conclusions, opinions, and the recommendations it contains, represents the result of Focus’ efforts on behalf of your firm. This report is not an abatement specification and should not be used for specifying removal methods or techniques.
The results, assessments and conclusions stated in this report are factually representative of the conditions and circumstances observed at this location on the dates of the inspection, per the scope of work. We cannot assume responsibility for any change in conditions or circumstances that occurred after the inspection.
This report and its contents are confidential and cannot be published, duplicated, or redistributed under any circumstances, without express written permission of Focus Environmental Consulting.
Comprehensive Asbestos Survey Inspection Report for
Commercial Property: 4815 Main St., Yorba Linda, CA
Prepared for State Farm Campbell Insurance
By Focus Environmental Consulting, Project No.3110AS Page 2 Introduction:
Report Date: June 19, 2025
Client: State Farm Campbell Insurance
4815 Main Street
Yorba Linda, CA 92886
Project Site: Commercial Property
4815 Main Street
Yorba Linda, CA 92886
Scope of Work: Comprehensive Asbestos Survey Inspection Survey Date(s): June 4, 2025
Summary:
The following is a report for the comprehensive asbestos-containing material (ACM) survey inspection conducted by Mr. David Camarillo (CSST #98-2424) and assisted by Mr. David Camarillo, II (Certified Building Inspector) under the direction of Mr. Jacob Pulliam (CAC #12-4969) of Focus Environmental Consulting, (Focus). The survey was conducted on June 4, 2025, at the above referenced project site.
The comprehensive asbestos survey inspection was conducted for the future demolition of the structure at the project site.
Important information intended to assist in the decision-making process pertaining to the abatement and demolition at the project site can be found in the following sections of this report: Scope of Work, Methods and Sampling Strategy, and Limitations. These sections must be carefully reviewed and clarified prior to the commencement of any abatement, renovation, or demolition activity at the above referenced project site.
Site Description:
The project site is a single-story wood structure on a concrete foundation with a flat roof. The interior space is comprised of drywall walls and ceiling; floors covered with stone floor tile and carpet. The exterior is finished with wood siding.
The property was occupied with water and power still live. There were no visible signs of fire or structural damage at the time of our survey inspection.
No other areas, materials or structures were included in the inspection during the site visit. This report is limited to only the areas and materials mentioned in this report. Hazards may still exist in the structure that was not part of our scope of work. If exposed, these hazards may require further sampling and proper removal and disposal by a certified contractor.
Scope of Work:
The survey was conducted to identify suspect ACM prior to demolition activities. Sampling was limited to accessible materials reasonably assumed would be impacted by demolition activities.
If suspect materials not listed on the report are encountered during the demolition, Focus recommends work to be stopped until the materials can be properly sampled and assessed. If materials are not sampled, they cannot be impacted unless sampled and proven to be non-asbestos containing materials.
Comprehensive Asbestos Survey Inspection Report for
Commercial Property: 4815 Main St., Yorba Linda, CA
Prepared for State Farm Campbell Insurance
By Focus Environmental Consulting, Project No.3110AS Page 3 Focus collected samples in accordance to satisfy regulatory requirements per National Emission Standards for Hazardous Air Pollutants (NESHAP) 40 CFR 61, Subpart M; Asbestos School Hazard Abatement Reauthorization Act (ASHARA) Section 206 of the Toxic Substance Control Act; Asbestos Hazard Emergency Response Act (AHEREA) 40 CFR 763 Subpart E and Southern California Air Quality Management District (SCAQMD) Rule 1403. These regulations prohibit the release of asbestos fibers to the atmosphere during renovation or demolition activities. An asbestos survey must be conducted to identify any ACM (RACM or ACCM) prior to any planned disturbance.
The scope of the inspection was as follows:
• Assess the project area and generate a sampling scheme. • Collect presumed asbestos-containing materials (PACM) bulk samples. • Assess the condition of all collected samples.
• Quantify sampled material.
• Photograph sampled materials.
• Provide sketches of the structure including sampled locations. • Generate a final written report of our findings which include analytical results.
Methods and Sampling Strategy
Asbestos Bulk Sample Analysis and Results:
Bulk samples of all homogeneous materials from identified areas within our scope of work, containing suspect ACM were collected. A homogeneous material is defined as a surfacing material, thermal system insulation (TSI) or miscellaneous material that is uniform in use, color, texture, and age of construction. Presumed ACM was also physically assessed for friability and condition.
Under EPA assessment criteria, if a single sample from a homogeneous material test positive for asbestos, then the entire homogeneous material located in the same functional space must be considered as being asbestos containing.
Using a random sampling scheme, samples were collected from all areas within our scope of work. Each bulk sample collected was placed into an individual sampling bag and given a discreet identification number, then recorded on chain-of-custody forms. The location of each sample was then marked on a site drawing.
All bulk samples collected were submitted to and analyzed by AIH Laboratory (AIH) located at 2556 W.
Woodland Drive in Anaheim, CA 92801 and can be contacted at (562) 860-2201. AIH is accredited by the National Institute of Standards and Technology’s (NIST) National Voluntary Laboratory Accreditation Program (NVLAP), accreditation #500079-0. The laboratory report #2512702 is attached.
Samples were analyzed using the Polarized Light Microscopy (PLM) techniques in accordance with the methodology approved by the EPA, Method 600/R-93-116, using PLM with dispersion staining and using visual area estimation to determine percent asbestos content, as set forth in 40 CFR Part 763, Appendix A to Subpart F, Section 1.2 and 1.7.2.4. California Occupational Safety and Health Administration (Cal/OSHA) defines asbestos containing construction materials (ACCM) as any manufactured construction material with a content greater than 1/10th of 1% asbestos by weight (>0.1%).
The lower limit of reliable detection for asbestos using the PLM analytical method is one percent (1.0%) by volume. Any sample indicating a concentration of less than one percent (<1.0% or “trace”) asbestos can be further analyzed using the more accurate Point Count Method of analysis to precisely determine the asbestos content below the limit of detection (LOD) of 1% as outlined in EPA600/R-93-116.
Cal/OSHA requires that employers engaged in construction activities involving ACCM with a content greater than one tenth of one percent (>0.1%) asbestos must comply with all applicable provisions of Title 8 Section
Comprehensive Asbestos Survey Inspection Report for
Commercial Property: 4815 Main St., Yorba Linda, CA
Prepared for State Farm Campbell Insurance
By Focus Environmental Consulting, Project No.3110AS Page 4 1529 of the California Code of Regulations (CCR). Therefore, in California, ACCM materials, in addition to those that meet the NESHAP definition of ACM, are regulated by Cal/OSHA, and should be handled by a licensed Cal/OSHA-certified asbestos abatement contractor.
When None Detected (ND) appears in this report, it should be interpreted as meaning no asbestos was observed in the sample’s material above the reliable limit of detection for the PLM method.
A total of twenty-one (21) suspect asbestos-containing material bulk samples were identified and collected for analysis during the survey. A total of thirty-nine (39) sub-sample layers were analyzed by the laboratory.
The analytical findings are listed below:
Asbestos-Containing Material(s)
Sample
No.
Material Color &
Description
Sample Location Asbestos
Result
Friable/NonFriableCondition
Est.
Quantity
2-04, 05,
06 Black Roof Mastic Upper Roof @ North Pipe
Penetration and Center
HVAC Penetration
Lower Roof @ East
Flashing
2% Chrysotile NF Good
225 SF
Non-Asbestos-Containing Material(s)
Sample
No.
Material Color &
Description
Sample Location Asbestos
Result
Friable/NonFriableCondition
1-01, 02,
03 White Rolled Roofing
w/Foam Core, Black Felt
Paper (Multilayer)
Upper Roof @ East Parapet
Wall and North End
Lower Roof @ Center
ND NF Good
3-07, 08,
09 White Window Putty Lower Roof @ East End ND F Good
4-10, 11,
12 Gray Hardie Backer
Side Shingles
Lower Roof @ East Wall ND NF Good
5-13, 14,
15 Red Brick Backyard Walking Path ND NF Good
6-16, 17,
18 Beige 12”x12” Stone
Floor Tile w/White Grout,
Thinset
Storage Room, Restroom,
Front Entrance
ND NF Good
7-19, 20,
21 White Drywall and Joint
Compound
North Wall @ Entrance,
South Wall @ Hallway,
West Wall @ Southwest
Office
ND F Good
ND – None Detected SF – Square Feet NF – Non-Friable
LF – Linear Feet F – Friable
Limitations:
The interpretation of the preliminary findings identified in the submitted report is based upon the analytical findings, our professional experience, and qualifications. The field investigation and laboratory results are limited to only those areas, which were exposed and/or physically accessible to the inspector as outlined by the scope of work. It is possible that asbestos exists in areas that were not identified, were inaccessible, unsafe or were not called out in this report. Focus does not guarantee or warrant that all asbestos-containing materials or leadbased paint were discovered and/or sampled in the structure.
Comprehensive Asbestos Survey Inspection Report for
Commercial Property: 4815 Main St., Yorba Linda, CA
Prepared for State Farm Campbell Insurance
By Focus Environmental Consulting, Project No.3110AS Page 5 Focus does not take responsibility for exact footages or locations of existing material sampled at the project site. Quantities and locations listed within this report are estimations only and are not for bidding purposes. The abatement contractor is solely responsible for confirming quantities and locations of ACM through site visits, drawings, specifications, and related information pertaining to the structures and project area prior to any abatement and/or demolition work being performed. If discrepancies are found in relation to quantities and locations of ACM, the contractor is responsible for submitting this, in writing, to the contracting party prior to bidding.
The data and observations collected during the course of the inspection have been gathered to provide the client with information pertaining to the areas of the subject property identified in this report. Although Focus believes that the findings and conclusions provided in this report are reasonable, the inspection is limited to the conditions observed and to the information available at the time of the inspection. Due to the nature of the work, there is a possibility that conditions may exist which could not be identified within the scope of the inspection, or which were not apparent at the time of our sitework. The inspection is also limited to information available from the client at the time it was conducted. It is also possible that the testing methods employed at the time of the report may later be superseded by other methods. Focus Environmental does not accept responsibility for changes in the state of the art. This report should be readily available to all future owners should the property be re-sold.
We appreciate the opportunity to do business with your firm. Should you have any further questions or concerns regarding this inspection and/or report, feel free to contact our office.
Sincerely,
Focus Environmental Consulting
____________________________________
David Camarillo, Vice-President
CSST #98-2424, LI/RA #00003908
_________________________________
Jacob Pulliam, DOSH CAC #12-4969
Attachments:
Project Photographs
Laboratory Analytical Results/Sample Chains of Custody
Sample Location Sketches
Inspectors’ Asbestos Certifications
Comprehensive Asbestos Survey Inspection Report for
Commercial Property: 4815 Main St., Yorba Linda, CA
Prepared for State Farm Campbell Insurance
By Focus Environmental Consulting, Project No.3110AS Page 6 Project Photographs
Comprehensive Asbestos Survey Inspection Report for
Commercial Property: 4815 Main St., Yorba Linda, CA
Prepared for State Farm Campbell Insurance
By Focus Environmental Consulting, Project No.3110AS Page 7 Laboratory Analysis
Report
2556 W Woodland Dr Anaheim, CA 92801
BULK ASBESTOS FIBER ANALYSIS
BY POLARIZED LIGHT MICROSCOPY
Phone:(562) 860-2201
www.aihlab.com
Client Name: Focus Environmental Consulting
Project Manager: N/A
Client Address: 750 S. Lincoln Ave., 104-166
Corona, CA 92882
Project Number: No Information Provided
Project Location: 4815 Main Street, Yorba Linda, CA
92886
Lab Batch Number: 2512702
Samples Submitted: 21
Samples Analyzed: 21
Analysis Method: EPA 600/R-93-116 &
EPA 600/M4-82-020
Lab Notes at Page 5 V14-1A Page 1 of 5
Lab ID: 251270201 Client ID: 1-01
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Black fibrous asphaltic material with granules and coating None Detected Glass Fibers 10% Asphalt/Binder, Mineral Grains
Lab ID: 251270202 Client ID: 1-02
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Black fibrous asphaltic material with granules and coating None Detected Glass Fibers 10% Asphalt/Binder, Mineral Grains
2. Yellow foamy material None Detected None Detected Binder/Filler, Synthetic Foam
Lab ID: 251270203 Client ID: 1-03
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Black fibrous asphaltic material with granules and coating None Detected Glass Fibers 10% Asphalt/Binder, Mineral Grains
Lab ID: 251270204 Client ID: 2-04
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Grey/black asphaltic mastic Chrysotile 2% None Detected Asphalt/Binder
2. Black asphaltic mastic with coating Chrysotile 2% None Detected Asphalt/Binder Lab ID: 251270205 Client ID: 2-05
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Black asphaltic mastic with coating Chrysotile 2% None Detected Asphalt/Binder Lab ID: 251270206 Client ID: 2-06
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Black asphaltic mastic with coating None Detected Cellulose 4% Asphalt/Binder
2556 W Woodland Dr Anaheim, CA 92801
BULK ASBESTOS FIBER ANALYSIS
BY POLARIZED LIGHT MICROSCOPY
Phone:(562) 860-2201
www.aihlab.com
Client Name: Focus Environmental Consulting
Project Manager: N/A
Client Address: 750 S. Lincoln Ave., 104-166
Corona, CA 92882
Project Number: No Information Provided
Project Location: 4815 Main Street, Yorba Linda, CA
92886
Lab Batch Number: 2512702
Samples Submitted: 21
Samples Analyzed: 21
Analysis Method: EPA 600/R-93-116 &
EPA 600/M4-82-020
Lab Notes at Page 5 V14-1A Page 2 of 5
Lab ID: 251270207 Client ID: 3-07
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. White compacted powdery material with paint None Detected None Detected Binder/Filler, Paint Lab ID: 251270208 Client ID: 3-08
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Tan compacted powdery material with paint None Detected None Detected Binder/Filler, Paint Lab ID: 251270209 Client ID: 3-09
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. White compacted powdery material with paint None Detected None Detected Binder/Filler, Paint Lab ID: 251270210 Client ID: 4-10
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Grey compressed fibrous material with paint None Detected Cellulose 15% Binder/Filler, Paint Lab ID: 251270211 Client ID: 4-11
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Grey compressed fibrous material with paint None Detected Cellulose 15% Binder/Filler, Paint Lab ID: 251270212 Client ID: 4-12
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Grey compressed fibrous material with paint None Detected Cellulose 15% Binder/Filler, Paint
2556 W Woodland Dr Anaheim, CA 92801
BULK ASBESTOS FIBER ANALYSIS
BY POLARIZED LIGHT MICROSCOPY
Phone:(562) 860-2201
www.aihlab.com
Client Name: Focus Environmental Consulting
Project Manager: N/A
Client Address: 750 S. Lincoln Ave., 104-166
Corona, CA 92882
Project Number: No Information Provided
Project Location: 4815 Main Street, Yorba Linda, CA
92886
Lab Batch Number: 2512702
Samples Submitted: 21
Samples Analyzed: 21
Analysis Method: EPA 600/R-93-116 &
EPA 600/M4-82-020
Lab Notes at Page 5 V14-1A Page 3 of 5
Lab ID: 251270213 Client ID: 5-13
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Brown sandy material None Detected None Detected Binder/Filler, Mineral Grains
Lab ID: 251270214 Client ID: 5-14
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Brown sandy material None Detected None Detected Binder/Filler, Mineral Grains
Lab ID: 251270215 Client ID: 5-15
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Brown sandy material None Detected None Detected Binder/Filler, Mineral Grains
Lab ID: 251270216 Client ID: 6-16
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Beige ceramic tile None Detected None Detected Binder/Filler
2. Trace of w sandy material None Detected Cellulose <1% Binder/Filler, Mineral Grains
3. Tan compressed fibrous material with paint None Detected Cellulose 85% Binder/Filler, Paint Lab ID: 251270217 Client ID: 6-17
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Beige ceramic tile None Detected None Detected Binder/Filler
2. Trace of w sandy material None Detected Cellulose <1% Binder/Filler, Mineral Grains
2556 W Woodland Dr Anaheim, CA 92801
BULK ASBESTOS FIBER ANALYSIS
BY POLARIZED LIGHT MICROSCOPY
Phone:(562) 860-2201
www.aihlab.com
Client Name: Focus Environmental Consulting
Project Manager: N/A
Client Address: 750 S. Lincoln Ave., 104-166
Corona, CA 92882
Project Number: No Information Provided
Project Location: 4815 Main Street, Yorba Linda, CA
92886
Lab Batch Number: 2512702
Samples Submitted: 21
Samples Analyzed: 21
Analysis Method: EPA 600/R-93-116 &
EPA 600/M4-82-020
Lab Notes at Page 5 V14-1A Page 4 of 5
Lab ID: 251270218 Client ID: 6-18
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. Beige ceramic tile None Detected None Detected Binder/Filler
2. Trace of w sandy material None Detected Cellulose <1% Binder/Filler, Mineral Grains
Lab ID: 251270219 Client ID: 7-19
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. White compacted powdery material with paint None Detected None Detected Binder/Filler, Paint
2. White compacted powdery material with paper None Detected Cellulose 2% JC/Binder
3. White chalky material with paper None Detected Cellulose 6%, Glass Fibers 2% Gypsum/Binder
Lab ID: 251270220 Client ID: 7-20
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. White compacted powdery material with paint None Detected None Detected Binder/Filler, Paint
2. White compacted powdery material with paper None Detected Cellulose 2% JC/Binder
3. White chalky material with paper None Detected Cellulose 6%, Glass Fibers 2% Gypsum/Binder
Lab ID: 251270221 Client ID: 7-21
Layer Layer Description Asbestos Type % Other Fibrous Material % Other Non Fibrous Material
1. White compacted powdery material with paint None Detected None Detected Binder/Filler, Paint
2. White compacted powdery material with paper None Detected Cellulose 2% JC/Binder
3. White chalky material with paper None Detected Cellulose 6%, Glass Fibers 2% Gypsum/Binder
2556 W Woodland Dr Anaheim, CA 92801
BULK ASBESTOS FIBER ANALYSIS
BY POLARIZED LIGHT MICROSCOPY
Phone:(562) 860-2201
www.aihlab.com
Client Name: Focus Environmental Consulting
Project Manager: N/A
Client Address: 750 S. Lincoln Ave., 104-166
Corona, CA 92882
Project Number: No Information Provided
Project Location: 4815 Main Street, Yorba Linda, CA
92886
Lab Batch Number: 2512702
Samples Submitted: 21
Samples Analyzed: 21
Analysis Method: EPA 600/R-93-116 &
EPA 600/M4-82-020
Lab Notes at Page 5 V14-1A Page 5 of 5
Analyzed by: Hanaa
Armanious Signature: Date: 06-17-2025
Reviewed by: Zubair Ahmed Signature: Date: 06-17-2025
Reporting limit is 1%. If the sample was not collected by AIH Laboratory then the accuracy of the results is limited by the methodology and experience of the sample collector. Clients can verify specific reporting limit requirement from local regulatory agencies. Liability limited to cost of samples analysis. This report shall not be reproduced except in full, without written approval of AIH Laboratory. It shall not be used to claim product endorsement by NVLAP or any other agency of the government. Reported results relate only to the samples tested and may not be the representative of the sample area. AIH Laboratory shall dispose of the Customer's samples 14 days after receiving the samples unless instructed to store them for an alternate period of time in writing.
2%
Comprehensive Asbestos Survey Inspection Report for
Commercial Property: 4815 Main St., Yorba Linda, CA
Prepared for State Farm Campbell Insurance
By Focus Environmental Consulting, Project No.3110AS Page 8 Sample Location
Drawing
Storage 6-16
Restroom
6-17
Cubicles/ Offices
6-18
7-19
Office
7-21
Office
Hallway
Lower Roof
3-09 1-03 3-07,08 2-06
Upper Roof
1-01
1-02
2-04
2-05
4-10,11,12
5-13,14,15
7-20
Exterior/ Roof Interior
Comprehensive Asbestos Survey Inspection Report for
Commercial Property: 4815 Main St., Yorba Linda, CA
Prepared for State Farm Campbell Insurance
By Focus Environmental Consulting, Project No.3110AS Page 1 Inspectors’ Asbestos Certifications
architecture historical rehabilitation planning
2821 newport blvd. newport beach california 92663
phone (949) 673-2643 email: [email protected]
founding principals
john c. loomis, architect
james c. wilson, architect
principal
elwood l. gulley, architect
April 28, 2025
Mr. Brad Campbell
Campbell Ins. and Fin. Services Inc.
President
4815 Main Street
Yorba Linda, CA 92886
Re: Property at 4815 Main Street, Yorba Linda
Dear Brad,
Attached is our Architectural Historian, Pam Daly’s Historical Assessment Letter Report of proposed alterations to your offices at 4815 Main Street, Yorba Linda. Furthermore, we have reviewed the Structural Conditions Assessment prepared by Grimm and Chen Structural Engineering, Inc.
Ms. Daly has identified three options for your consideration:
A. Demolition of the entire building and construction of a new, larger building; or B. Retention of the entire front façade, demolition of the rest of the building, and construction of a longer building that attaches to the existing storefront; or C. Retain the original portion of the building, demolish the addition, and construct a new, longer addition.
Evaluation of the Options:
Option A – This option is problematic because it would result in a substantial adverse effect that would require the preparation of an Environmental Impact Report (EIR). This process is very costly and could add up to a year or more in governmental processing. As a result, we do not recommend this option.
Option B – Given the findings of severe water damage per the Structural Conditions Assessment Report, we feel this Option is the best path to take because it avoids the finding of substantial adverse effect and the EIR by retaining and restoring the original historic façade, while allowing the removal and construction of new and larger “state-of-the-art” offices. The existing storefront can be attached to a new thirtieth
street
architects
inc.
Re: Property at 4815 Main Street, Yorba Linda
steel moment frame directly behind the storefront – providing lateral strength to resist seismic forces in what is a wall-to-wall glass wall.
Option C – Although Option C avoids the preparation of an EIR, it does require the repair of the heavily water damaged offices. This type of repair can be very expensive and problematic in terms of longevity and future maintenance costs. We have a lot of experience with Grimm and Chen and feel their Report is clearly a warning to avoid this Option.
Again, please find Ms. Daly’s Historical Assessment Letter Report attached as well as a description of her Historic Preservation Services – for your review and comment. (Note – that we will not submit her findings to the City until after your review and approval.) Please feel free to call me with any questions.
Very truly yours,
John Loomis, Founding Partner
thirtieth street architects, inc.
Cellphone # 949-274-1092
951 E. Beacon Drive, Eugene, OR 97404
(951) 369-1366 ■ [email protected]
April 24, 2025
City of Yorba Linda
Planning Department
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Re: 4815 Main Street, Yorba Linda, Orange County
Dear Sir or Madam;
Pamela Daly, Principal Architectural Historian of Daly & Associates, has prepared this letter report regarding the proposed alterations to the interior and exterior of the building located at 4815 Main Street in the City of Yorba Linda, California. The property is currently used as the office of State Farm Insurance. Ms. Daly is teamed with John Loomis, Principal Architect of Thirtieth Street Architects from Newport Beach, CA, for this review.
The building at 4815 Main Street is listed as a property contributing to the Main Street Historic District in Yorba Linda (Status Code 5D3), as identified in the City of Yorba Linda Citywide Historic Property Survey:
Historic Context & Survey Report (HPS), adopted in 2010. The survey, documentation, and evaluation of the historic built-environment in Yorba Linda was prepared by Galvin Preservation Associates, Inc. (GPA), under the auspices of a team of architectural historians that meet the Secretary of the Interior’s Professional Standards for Historians and Architectural Historians. The survey and evaluations were performed in accordance with the evaluation instructions and classification system prescribed by the California Office of Historic Preservation in its Instructions for Recording Historical Resources. 1 The
study by GPA was performed to identify those built-environment resources in Yorba Linda eligible for listing in the National Register of Historic Places (National Register), California Register of Historical Resources (California Register), or designated as a local historical resource in the City of Yorba Linda.
In 2010, the subject building was recorded in the HPS as a property potentially eligible on a local level for being a contributor to Yorba Linda’s Main Street Historic District. Based upon our site visit, we were able to determine that the subject building would be eligible for listing in the National Register of Historic Places and/or the California Register of Historical Resources under Criterion A/1 and C/3 for its association with the historic commercial district and as a rare example of a one-story, “Western false front” type building with Italianate style influence on its front (street) façade. The building has retained a significant amount of its physical integrity that includes its design, materials, workmanship, location, setting, feeling, and association.
The California Environmental Quality Act (CEQA) states that a property determined to be eligible for listing in the National Register is considered a historical resource for the purposes of CEQA. A property that is eligible for listing in the National Register is automatically eligible for being listed in the California 1 California Office of Historic Preservation “Instructions for Recording Historical Resources”:
https://ohp.parks.ca.gov/pages/1054/files/manual95.pdf
4815 Main Street, Yorba Linda
Register, and is thereby allowed to employ the use of the California Historic Building Code (Title 24, Part 8) to preserve its physical attributes.2 The first edition of the CHBC was codified in October 1979.3 The CHBC is intended to save California’s architectural heritage by recognizing the unique construction issues inherent in maintaining and adaptively reusing historic buildings. The CHBC provides alternative building regulations for permitting repairs, alterations and additions necessary for the preservation, rehabilitation, relocation, related construction, change of use, or continued use of a “qualified historical building or structure.”4 The proposed project for the building at 4815 Main Street calls for its demolition due to the likelihood of the building being unable to meet the 2022 California Building Codes for new construction.
Our recommendation that the building at 4815 Main Street be inspected by an architect and/or engineer that specializes in the preservation, rehabilitation, relocation, related construction, change of use of historic properties. Yorba Linda’s Main Street Historic District has only two buildings that have retained their facades that date from the early 1900s, and the agricultural history of the City. The City has stated in the Yorba Linda Town Center Specific Plan (Ordinance No. 2011-962) that the “Yorba Linda Town Center draws its architectural identity from its history. A small concentration of commercial buildings located along Main Street strongly conveys the city’s early commercial and social center.” We recommend that the future of the subject building include plans for it’s continued for retail or office use, which would allow for the existing historic characteristics of the building to be preserved for future generations. To retain the building, through preservation and rehabilitation would support the City’s goal that “Main Street will remain as the heart of Yorba Linda with its charming, pedestrian scaled buildings and streets.”5
Options:
A. Complete Demolition: If the building at 4815 Main Street were to be demolished – it would be considered a substantial adverse effect to a historical property under CEQA, and would require an Environmental Impact Report (EIR) be prepared for the proposed project. A substantial adverse effect cannot be mitigated to a project impact level of “less than significant.” Mitigation measures would still be required to document and record the property, besides the need to create an interpretive/educational deliverable that would be available to the public. The replacement building would need to not just fill the “empty envelope” with one of acceptable size, but would need to present aspects of the original historic character of the street through sensitive design.
B. Retention of the front/street façade in its entirety: This option would retain the original and historic, front façade, and allow the demolition of the remainder of the building. The front façade includes the bulkheads, retail window fenestration, front entrance way, and the Western 2 California Division of the State Architect. “California Historic Building Code”:
https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List-Folder/CHBC 3 California Historic Building Code. “Historical Preface” from 2013 Historical Building Code, Part 8:
https://codes.iccsafe.org/content/CAHBC2013/historical-preface 4 California Office of Historic Preservation. “State Historical Building Code”:
https://ohp.parks.ca.gov/?page_id=21410
5 Yorba Linda Town Center Specific Plan (Ordinance No. 2011-962), page 3-29.
4815 Main Street, Yorba Linda
false-front design and materials (including cornice and brackets. If the front façade was retained and protected under the Preservation Guidelines of the Secretary of the Interiors’ Treatment for Historic Properties, the project may be found not to be a substantial adverse effect under CEQA.
A full-set of “as-built” drawings of the historic building would record the original building design and materials, and the drawings would be deposited in a local archival repository (i.e. Local History Room of the Main Library.) A new structure of the same height as the original main block would be constructed onto the front façade. The new structure could run the length and width of the legal parcel.
C. Retain the original portion of the building, and remove the later addition on the rear elevation.
A new addition could be constructed that would run the length and width of the legal parcel.
The project would be performed under the Rehabilitation Guidelines of the Secretary of the Interiors’ Treatment for Historic Properties. The Guidelines for Rehabilitation allow for the replacement of extensively deteriorated, damaged, or missing features using either traditional or substitute materials. (It also allows for the retrofitting of seismic upgrades in historic properties.) The Rehabilitation Guidelines include opportunities to make possible an efficient contemporary use through alterations and additions, and would not be a substantial adverse effect under CEQA.
If Option B or C is chosen, the proposed project may be eligible for financial support through the Federal Tax Credit Program (https://www.nps.gov/subjects/taxincentives/index.htm), the California Tax Credit - Commercial Program (https://ohp.parks.ca.gov/?page_id=31647). (Unfortunately, the City has not yet adopted the Mills Act Program.)
Summary:
Our investigation revealed that the proposed project to demolish the existing building will have a substantial adverse effect to a contributing building of the Main Street Historic District. The building at 4815 Main Street appears eligible to be considered eligible to the National Register and/or California Register as a rare example of an early commercial building in the City. The subject building has retained the original significant character-defining aspects of the building’s design, materials, workmanship, feeling, and association. We recommend that the proposed project retain sufficient historic design and material as presented in Options A and B, and be rehabilitated and preserved per the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
Please do not hesitate to contact me if you have any follow-up questions, or need additional information.
Sincerely,
Pamela Daly, M.S.H.P.
Principal
Attachment: Biography for Pamela Daly
951 Beacon Drive, Eugene, Oregon 97404
(951) 369-1366
ARCHITECTURAL HISTORIAN and HISTORIAN
HISTORIC PRESERVATION SERVICES
Pamela Daly is a 36 CFR 61 qualified Architectural Historian and historic preservation professional, with over 31 years of experience, engaged in providing consulting services from her firm of Daly & Associates. Those services include the evaluation of historic resources per Federal, State and local criteria, and she has extensive training to provide technical assistance in the form of historic structure assessment and conservation reports. Ms. Daly holds a Master of Science Degree in Historic Preservation from the University of Vermont and a Bachelor of Science Degree in Business Management (with a minor in History).
Ms. Daly has owned Daly & Associates, a historic preservation consulting firm since 1998, and provides historic preservation services to both the private and public sector. She is accepted as a principal investigator for both Architectural History and History by the California State Office of Historic Preservation, and holds the qualifications to work throughout the United States. Ms. Daly has been the principal investigator and author of historic resource reports for over 180 projects prepared under federal and state regulations.
Her experience includes the preparation of Historic Resource Assessment Reports, CEQA Technical Reports, HABS/HAER/HALS documentations, preservation plans for the rehabilitation and/or restoration of historic properties, nominations to the National Register of Historic Places, public presentations of preservation issues, conservation plans for historic resources, and preservation planning guidelines.
Daly & Associates has expertise in assessing and evaluating residential/agricultural/industrial architectural styles dating from the eighteenth to the twenty-first century, and in the survey and evaluation of military sites and structures in both the western and eastern United States. Daly & Associates has worked on a variety of projects ranging including the authoring of a National Register nomination of a historic district in Vermont consisting of over 100 buildings and structures dating from 1790 to 1974 – to a small town baseball park built by the Civilian Conservation Corp during the Great Depression. Ms. Daly has performed studies on historic gold mines, airplane hangars, water conveyance and storage systems, helicopter hangers, ammunition bunkers, flight simulators, and Cold War radar arrays.
Daly & Associates has managed multiple cultural resource projects which included extensive investigation and research, development of budgets, operating reports, and consultation with clients such as the United States Air Force, Navy, Army Reserves, U.S. Army Corps of Engineers, Bureau of Land Management, U.S. Forest Service, National Park Service, Federal Transportation Agency, Caltrans, and U.S. Fish & Wildlife.
Certifications
California Historical Resources Information System registered #64.
Metropolitan Water District of Southern California – Pamela Daly dba Daly & Associates holds Small Business Certification #170016.
Oregon Secretary of State Business Registry: 19243004-95.
DUNS Number: 802022231.
Insurance
Commercial General Liability; each occurrence $2,000,000; general aggregate $4,000,000 Automobile; combined single limit $1,000,000
Professional Liability/Errors & Omissions; each claim $1,000,000
ADMINISTRATION DEPARTMENT
DATE: AUGUST 5, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID CHRISTIAN, ASSISTANT CITY MANAGER
SUBJECT: RESPONSE TO FY 24-25 ORANGE COUNTY GRAND JURY REPORT, “LONG-TERM SOLUTIONS TO SHORT-TERM RENTALS”
RECOMMENDATION
It is recommended that the City Council review the draft response to the Orange County Grand Jury Report and authorize the Mayor’s signature for submittal to the Presiding Judge of the Orange County Superior Court by the statutory deadline of August 20, 2025.
BACKGROUND
On May 22, 2025, the Orange County Grand Jury released their report entitled “Long-Term Solutions to Short-Term Rentals.” The Grand Jury has requested a response to certain findings and recommendations in the report in compliance with Penal Code Section 933.
DISCUSSION
The Grand Jury report states that the reason for the study was to examine the impact of Short-Term Rentals (STRs) on local communities and to investigate how effectively Orange County cities are managing STRs.
Of the twelve findings and nine recommendations in the report, the Grand Jury has requested a response from Yorba Linda on only four of the findings and only three of the recommendations. Staff has prepared a draft response for Council’s consideration, to each of the assigned findings and recommendations based on the instructions provided within the report.
FISCAL IMPACT
None.
ALTERNATIVES
Provide revisions to the proposed response letter.
RESPONSE TO FY 24-25 ORANGE COUNTY GRAND JURY REPORT, “LONG-TERM SOLUTIONS TO SHORT-TERM RENTALS”
P a g e | 2
ATTACHMENTS
1. Orange County Grand Jury Report, “Long-Term Solutions to Short-Term Rentals”
2. Proposed City of Yorba Linda Draft Response
May 16,2025
The Honorable Janice Lirn
Mayor City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA92886
ORANCE COUNTY CRAND JURY
700 clvlc CENTER DRIVE wEST . SANTA ANA, cALtFoRNtA g2701 c 714/Bi4-gì2o www.ocgrandjury.org o F AX 7 1 4 I 834-5555
il;äëf*ffiffiffiffiÐ$ä&&L
Dear Mayor Lim:
Enclosed is a copy of the 2024-2025 Orange County Grand Jury repoft, Long-Tcrm Solutions to Short-Term Rentals. Pttrsuant to Penal Code 933.05(f), a copy of the report is being provided to yon at least two working days prior to its public release. Please note that under that subsectiorr, "No officer, agency, depaftment, or governing body of a public agency shall disclose any contents of the reportprior to the public release of the final report " (Emphasis added.) It is rcquested that you provide a response to each of the findings of this report directed to your office in compliance with Penal Code 933.05(a) and (b), copy is enclosed.
Please distribute this reporl to your governing body.
Please mail the response to the findings to Maria Hernandez, Presiding Judge of the Superior Couft, 700 Civic Center Drive West, Santa Ana, CA 92101, with a separate copy mailed to the Orange County Grand Jury, 700 Civic Center Drive West, Santa Ana, CA 9270I, no later than 90 days after the public release date,May 22, 2025' in compliance with Penal Code 933, copy enclosed. The clue date then is August 20,2025.
Should additional time for responding to this repoft be necessary for ftrfther analysis, Penal Code 933.05(b)(3) pennits an extension of time up to six months fiom the public release date. Sucl, extensions should be advised in writing, with the infonnation required in Penal Code 933.05(bX3), to the Presiding Judge of the Superior Couft, with a separate copy of the request to the Grand Jury.
We tentatively plan to issue the public release on May 22,2025. Upon public release, the report will be available on the Grand Jury website at www.ocgrandiury¡.org.
Very truly yours,
Sr.rsan Segal, Foreperson
2024-2025 ORANGE COUNTY GRAND JURY
SS jrn
Enclosures: Grand Jury Report
PenalCode 933,933.05
Cc: Mark Pulone, City Manager
2024.2025 ORANGE COUNTY GRAND JURY REPORT
Orrngr CountyVr€¡tlon
EfAmusement Parks
Ef Batloon Ride
E BaseballGarre
EÍ Botanic¿l 6arden
EfSymphony
EIHiking
Eïnrt Museum
Efoining Reservstion
Grand Jury
Long-Term Solutions to
Short-Term Rentals
00f$FI[}HF*TInl
Long-Term Solutions to Short-Term Rentals
TABLE OF CONTENTS
ACRONYMS ................ 3
SUMMARY 4
BACKGROUND......... 4
REASON FOR THE STUDY 5
INVESTIGATION..... 6
How Cities Manage STRs......... 7
Code Enforcementos Role...................
STR Policies Vary in Orange County
Cities llith an STR Bøn
Cities Without a Specific STR Ordinance
..........8
..........9
How Cities Collect Complaints ................
Issues with STR Code Enforcement
Tools That Help Code Enforcement Accomplish Their Goa1s......... ................. 10 Legal Cases Uncover Gaps in STR Ordinances ............. 10 Managing Permit Scarcity.... ........ 11
Collecting TOT Revenue ...........
t2
Major Events Fuel Demand for STRs......... 13
STR Impact on Affordable Housing.... ......... 13
STRs Csnbe Good Neighbors. t4
FINDINGS ......... 15
9 9
RECOMMENDATIONS
Responses Required
Findings....
Recommendations ...........
Requested Responses.
Findings....
Recommendqtions......
l6
17 l8
19 19
t9
t9
..... t9
2024-2025 Orange County Grand Jury Page2
Long-Term Solutions to Short-Term Rentals
BIBLIOGRAPHY...
AIINOTATED BIBLIOGRAPHY
TABLES
Table 1: STR policies by city
Table 2: Models of short-term rentals...
Table 3: Recent selected legal findings related to STRs.........
Table 4: STR permit limits and affordable housing needed (Housing Element)...
F'IGURES
Figure l: A single residence may appear on multiple websites ..20
..21
5 ....7
.. I I
..14
7 ACRONYMS
ADU
CCC
CE
GIS
HOA
LI
OBA
STR
TOT
VLI
Accessory Dwelling Units
California Coastal Commission
Code Enforcement
Geographic Information System
Homeowners Association
Low Income
Online Booking Agency
Short-Term Rental
Transient Occupancy Tax
Very Low Income
2024-2025 Orange County Grand Jury Page 3
Long-Term Solutions to Short-Term Rentals
SUMMARY
Short-term rental (STR) is defined as occupancy of a residence such as a home or an apartment for fewer than 30 days.
Some Orange County residents complain that the growth of STRs impinges on their quality of life and adds costs to city government for additional code enforcement. The 2024-2025 Orange County Grand Jury (Grand Jury) investigation revealed that:
. Cities with a growing number of STRs did not always receive higher complaint volumes. o Some cities employ effective strategies to manage complaints and other cities can learn from their success.
o When cities ban STRs, this often leads to a never-ending game of "whack-¿-¡¡slç"-¿5 soon as one unpeffnitted STR is shut downo another opens. . Code Enforcement (CE) errs on the side of leniency.
. Some cities rarely pursue fines for STR violations or collect the Transient Occupancy Tax (TOT) on unreported STR income.
o Some cities rely on the oohonor system" for STR owners to report and pay the correct TOT.
. The commonly held belief that STRs negatively impact affordable housing is not evident in cities with STRs.
This report identifies best practices that city councils and their planning departments can use to more efficiently and effectively manage their STRs. This includes modifying STR ordinances, and for some cities, utilizing third-party digital tools for better code enforcement and data tracking to collect unreported TOT.
BACKGROUND
For many years, Orange County has been an intemational destination, with its forty-two miles of scenic coastline, Disneyland, Knotts Berry Farmo Angel Stadium, Honda Center, and other attractions. Vacation rental properties in Orange County's beach communities go back many decades; for instance, in the 1920s, Crystal Cove State Park offered camping sites to the public, and in the 1940s it offered trailers.
For some, STRs are business opportunities. To others, STRs are a nuisance and impinge on neighbors' quality of life. In response to these conflicting priorities, some cities in Orange County have banned STRs, some have limited their number, and some have no limits. 2024-2025 Orange County Grand Jury Page 4
Long-Term Solutions to Short-Term Rentals
Table 1: STR policies by city
Policy Choice Cities with the Policy
Banned (19) Aliso Viejo, Brea, Costa Mesa, Cypress, Fountain Valley, Garden Grove, Irvine, La Habra, Laguna Hills,
LagunaNiguel, Laguna Woods, Los Alamitos, Rancho
Santa Margarita, Santa Ana, Stanton, Tustino Villa Park, Westminster, Yorba Linda
Allowed (15) Anaheim, Buena Park, Dana Point, Fullerton, Huntington Beach, La Palma, Laguna Beach, Lake
Forest, Mission Viejo, Newport Beach, Orange,
Placentia, San Clemente, San Juan Capistrano, Seal
Beach
The advent of online booking agencies (OBAs) has made it even easier for homeowners (and apartment lessees) to supplement their income by renting out their home or room and advertising to millions around the world. As a result, STRs' visibility has increased, creating tension between STR operators and neighbors.
REASON FOR THE STUDY
Short-term rentals are a heated topic in Orange County cities. Various news reports have covered the impact of STRs on local communities, and this motivated the Grand Jury to investigate how effectively Orange County cities are managing STRs.
The scope of this study includes the thirty-four cities in Orange County, with a focus on cities with the largest number of STRs and cities with bans on STRs, as well as coastal cities.
The Grand Jury studied STR permits and the effectiveness of STR bans. Finally, the Grand Jury examined strategies to improve the quality of life for residents and to provide city planning departments a compilation of tools that will assist in effectively balancing the expectations of the residents and the business owners operating STRs.
METHOD OF STUDY
The Grand Jury conducted the following:
o Research on STR management and business models
o Survey of national publications with articles on STRs 2024-2025 orange c'un'fY "*''fluqÏ
ru F I [l E J\ITtfi t
Long-Term Solutions to Short-Term Rentals
o Review of websites, interviews, testimonials, and other materials produced by companies serving the STR and hospitality markets or from contractors with products for cities managing STRs
o Review of academic papers on STRs and their history
o Review of non-governmental agency white papers on STRs o In-person interviews of city personnel
o Review of:
o City meeting minutes and recordings of residents' concerns o Various cities' STR complaint processes
o City ordinances as well as state statutes
o California Coastal Commission guidance
o Third-party STR surveillance software used by cities
o Various cities' STR complaints from June 2022 through June 2024 o Relevant legal rulings
o Analysis of TOT
INVESTIGATION
The Grand Jury learned that in most cases, STR operators are required to obtain a business license, register with their city for a permit, submit reports, pass an inspection, and pay TOT.
This is a city-level tax levied on any temporary lodging that is occupied for fewer than thirty days. All hotels, motelso and bed and breakfasts must remit this tax. Short-term rentals permitting and other policies vary by city. A short-term rental's TOT is paid either monthly, quarterly, or annually. Most cities allowing STRs require a twenty-four-hour, in-person contact to address complaints, within either thirty or sixty minutes.
Short-term rental operators often use one of the numerous OBAs, such as VRBO (from the phrase Vacation Rentals by Owner), Airbnb, Zumper, and HomeAway. In addition, some operators may advertise via direct booking sites (a website for their specific property) or through local rental agents. Multiple OBAs mean that a unique property may have as many as a dozen listings.
2024-2025 Orange County Grand Jury Page 6
airbnb."".
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Long-Term Solutions to Short-Term Rentals
Figure 1: A single residence may appear on multiple websites.
How Cities Manage STRs
In nearly every city, short-term rentals are regulated by ordinances that define operational rules, establish fees for licensing and violations, and outline the appeals process. Often these rules include disclosure to neighbors, a
ooGood Neighbor Policy" brochure for the renter, parking and garbage policies, and quiet hours for the neighborhood. An emergency contact who would be readily available to respond to a complaint is typically required. City ordinances may defrne who can own and operate an STR. Cities may limit operation to the primary homeowner or renter, or they may allow investors who own multiple STR properties.
The Grand Jury observed the following STR models:
Table 2: Models of short-term rentals
Hosted/Shared Housing Owner must be on the property/in
house
Primary Housing Rentals of an owner's primary
residence are permitted
Unrestricted No restrictions on ownership (incomeproducing property) The Hosted/Shared model is when a homeowner or renter with an extra room rents it out for fewer than thirty days. The host stays at the property during the guests' stay, either in the house or in an on-property Accessory Dwelling Unit (ADU). The Primary Housing model is when the host rents out their principal home but is not present on the property. Unrestricted STRs are income-producing properties, often owned by corporations and managed by property management companies.
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Regardless of the model, neighbors have the expectation that STR businesses will be operated in a responsible and respectful manner. Owner-occupied models make it easier for a neighbor with a complaint to get resolution. In cities that use this model, formal complaints are fewer because neighbors can quickly resolve issues between themselves.
Code Enforcement's Role
Code Enforcement (CE) responsibilities include initial and ongoing inspections of STRs to assure adherence to building codes, noise and parking requirements, along with monitoring city complaint portals and searching for nonpermitted STRs. Code Enforcement ofltcers also investigate citizen complaints to substantiate claims and issue citations.
Revenue staff work in tandem with CE to process permits and licenses and to collect TOT and other fees. In at least one city that has a waiting list for STR permits, revenue staff rather than CE staff manage the list, which may delay or limit CE's ability to find unpermitted STRs.
Several cities employ third-party platforms offering an affay of services, including STR registration portals, a complaints hotline and/or online portal, and tax payment portals. These platforms offer efficient and potentially cost-effective options to aid staff monitoring STRs.
Cities may also select a third-party platform option that identifies both permitted and unpermitted STRs advertising on OBAs.
STR Policies Vary in Orange County
Each of the thirty-four cities in Orange County has its own policies. As of this writing, nineteen of the cities had a ban on all STRs and hfteen allowed STRs (see Table l). Unincorporated areas of the county (e.g., Rossmoor, North Tustin) are covered by County of Orange policy through the OC Public Works department, which issues permits; however, the Grand Jury did not observe STR volumes in unincorporated areas wananting analysis.
Cities With an STR Ban
The Grand Jury learned that it is difficult for cities to enforce a ban. Cities report that after they enacted a ban, the volume of STRs saw a notable decline; however, some unperrnitted STRs still continued to operate. Cities may use a rental identification database and a complaint portal to improve compliance, often through third-party software. These databases can often identify the address of an unpermitted STR and allow follow-up with the property owner. At least one city with technologically savvy CE staff has performed this task without help from a third-party platform.
All cities in the coastal zone have permits for STRs, and this is linked to mandates from the California Coastal Commission (CCC) which issued a2016 memo with guidance that coastal cities provide "lower cost visitor...facilities" and beach access via STRs. 2024-2025 Orange County Grand Jury Page I
Long-Term Solutions to Short-Term Rentals
Cities Without a Specific STR Ordinance
Some cities without an STR ordinance have operated on the assumption that because STRs are not defined by an ordinance, they are banned. However, when an STR operator challenges a citation, these cities have often discovered that the subsequent court ruling goes against the city, as evidenced by recent cases described below. Cities often respond to these losses by drafting new ordinances and amendments, but sometimes a new STR operator will find another legal gap, and the "whack-a-mole" game continues.
Multi-unit apartment complexes may also host unpermitted STRs in cities that have bans. Photos used in online advertising often make complexes easy to find, but identifying specific units may be difficult. Property managers are more familiar with the units and can sometimes help CE track these down.
Some properties without permits are advertised on foreign-language websites. Image searches may uncover these host sites, but the Grand Jury did not identify any solution yet for this challenge.
How Cities Collect Complaints
Many Orange County cities provide an online complaint portal as well as a telephone hotline; these services are staffed by a third-party platform or by city staff. In cities that allow STRs, Code Enforcement will reach out to the STR emergency contact to initiate complaint resolution. fssues with STR Code Enforcement
Most STR operators want to avoid citations and fines. Neighbor complaints can lead to notices of violation, fines, and ultimately revocation of the STR operating permit. With effective enforcement, STRs that violate city codes receive a citation and/or fine. This can result in improved behavior on the part of the STR operator.
In the fifteen cities that allow STRs, neighbors face hurdles in complaint resolution. This, along with laxity in enforcement, may explain why fewer than ten percent of STRs record a complaint in a given year, a number that fails to reflect the frustration of STR neighbors.
Tracking and confirmation of complaints is often diffrcult. In order to enforce STR ordinance rules, code or law enforcement must first substantiate that the source is an STR. In some cities that permit STRs, Code Enforcement works only during regular business hours. Nuisance reports often occur in the evening or early moming, when CE may not be on duty. Therefore, residents or other complainants do not receive a timely response and the problem is not resolved at the time of the actual nuisance, if ever.
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Long-Term Solutions to Short-Term Rentals
Most ordinances require an emergency contact for each STR, but a review of hundreds of complaints between 2022 and 2024 shows that in a number of cases the contact does not respond either in the thirty- or sixty-minute required time frame.
Warnings and citations may take up to a week to issue and are recorded in an STR complaint log, The STR operator may appeal the citation. Initial appeals are made through a city official or a third-party administrative officer. This can take some time, during which the STR may continue to operate. An ordinance without an appeals procedure may be challenged in the courts.
The Grand Jury learned that in most cities, CE investigates complaints with a fair bit of leniency.
First, the CE offrcer will visit the property and confirm the violation. The most common complaint is noise, and this violation must be observed and verified by the CE officer. Other complaints may involve vehicle parking, trash, and exceeding permitted occupancy. The CE officer often works through the emergency contact to resolve problems and often will issue a warning rather than a citation.
Tools That Help Code Enforcement Accomplish Their Goals Cities that allow STRs would benefit from a system that geographically integrates STR owner contact information, permit, and business license numbers. Having this information readily available would enable CE to respond to complaints more effectively. Some of the third-party platforms offer these tools, but using a third-party platform requires a degree of technical knowledge and an investment in Code Enforcement training. Some cities accomplish this work with internal tools and staff.
Beyond responding to complaints, CE in some cities proactively inspect permitted STRs and/or confîrm the emergency contacts. These inspections confirm occupancy limits, ensure that safety equipment is onsite, and validate that no unpermitted construction has been done on the property.
Legal Cases Uncover Gaps in STR Ordinances
Recent cases up and down the state have established firm guidance for cities as they deal with STR issues. The Grand Jury identified a few cases that clarified areas of ambiguity in existing STR ordinances:
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Table 3: Recent selected legal findings related to STRs Case
People v. Venice Suites" LLC. 7l
Cal. App. Sth 7 15. 732-34 Q02l)
Keen v. City of Manhattan Beach. 77
Cal. App. 5th 142 (2022\
Coastal Protection Alliance Inc. v.
Airbnb. Inc.. 95 Cal. App. 5th 207.
270 (2023\
Kracke v. City of Santa Barbara. 63
Cal. Aoo. 5th 1 089 Q02t)
Decision
Specificity in zoning language is necessary.
Length of occupancy was not specified in
code and therefore STR usage would be
permitted.
The term'lresidence" alone is not effective in
banning STRs. A speciflrc STR ordinance is
necessary.
Operation of STRs in coastal zones does not
in and of itself constitute an increase in
density or intensity requiring changes in
zoning.
Coastal cities need to secure and comply with
Coastal Commission rulings before drafting
any limiting ordinances pertaining to STRs.
These rulings highlight gaps in city ordinances and may provide grounds for appeal of STR citations. In light of these rulings, the cities of Anaheim and Santa Ana amended their codes to incorporate language that plugs the gaps, resulting in more effective STR enforcement.
Managing Permit Scarcity
Limits on the number of STR permits create a quasi-monopoly. In some cities, the permit limit was set at a point in time when no limit existed. The cities selected a number slightly greater than the inventory then in existence. Once the limit was set, these cities saw an acceleration in applications up to the limit.
In some cities, STRs are excluded only in certain zones. Single family home @1) zones and Homeowner Associations (HOAs) often have exclusions. Other cities permit unlimited STRs in a "vacation home zone'o near the beach or an attraction. Still others allow one STR in a fixed radius (typically 300 feet), which effectively limits permits.
At least three cities (Newport Beach, Dana Point, and Orange) have created waiting lists in response to having more applications than available permits. However, STR operators rarely voluntarily relinquish their permits. If an STR has been converted to a long-term rentalo then it is no longer subject to TOT. Unless the STR operator informs the city of the conversion, a city that only collects TOT annually (as at least one city does) will not know for a year that the unit is no longer operating as an STR. At that point, as they have not received any TOT from the unit, the 2024-2025 Orange County Grand Jury Page I I
Long-Term Solutions to Short-Term Rentals
city can initiate proceedings to rescind the STR permit and pass it on to the next applicant on the waiting list. However, the STR operator can appeal, and this can extend the process even longer.
Some cities allow permit holders to transfer their permit to a family member or to the new owner of their property, thus circumventing the waiting list altogether. A system where permits expire after a certain time would afford those on the waiting list an opportunity to be placed ahead of renewals, thus creating a more equitable process. One city, Dana Point, has set a limit on investor-owned properties, allowing more Hosted STRs to have priority in getting permits.
Collecting TOT Revenue
The fîfteen cities that allow STRs (see Table l) collect TOT on STR revenue, plus any fees charged to the renter. Operators report TOT to cities either annually, quarterly, or monthly.
Monthly reporting of TOT has several advantages: cities receive TOT sooner, the STR owner has a smoother and more predictable cash flow, and cities can quickly identify non-revenueproducing STRs.
In cities like Dana Point and Anaheim, TOT represents a substantial percentage of city revenue; however, nearly all of this comes from hotels. Short-term rental TOT in Newport Beach represents thirty percent of total TOT collections, contributing two percent of city revenues.
Newport Beach has the greatest share of TOT revenue from STRs (with i,550 units) and the greatest number of STRs of all Orange County cities. Transient Occupancy Tax rates vary by city from eight to seventeen percent. Despite the limited amounts, each city that collects shortterm rental TOT increases their general fund.
Each city handles TOT collection differently. Newport Beach collects quarterly from agents who operate STRs and annually from STR homeowners, using paper-based forms. This system does not allow for easy tracking of short-term rental TOT by permit number because multiple units at the same address (with separate permits) may be combined on the form. A digital submission by unique permit number, such as is used by the City of Orange, is easy and provides greater detail to the city.
The City of Anaheim has agreements called Voluntary Collection Agreements (VCAs) with a number of Online Booking Agency platforms that enable monthly TOT remittance from shortterm rental advertising on the OBA. In most cases, OBAs share a spreadsheet with totals only; howevero at least one platform remits with detailed addresses with amounts by address. It is possible for an OBA to send more detailed data and for the city to integrate it into its information systems, but as yet no city appears to have negotiated with an OBA to implement this direct reporting. Requiring an OBA to report more detail ensures that all STR tax from Online Booking Agency is reported, collected, and remitted to the city, whether the STR is permitted or not.
However, this system still would not capture STRs booked directly with the operator, which may be up to 30-60% of gross rental revenue.
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At least one city (Orange) requires that TOT reporting include the number of days the STR is available for rent and number of days rented each month. Capturing these statistics facilitates desk auditing.
A "desk audit" is a remote review of the STR operators' reported information to ensure compliance with TOT reporting requirements. This is in contrast to a oobusiness-level audit,"
which is performed by the city on site and involves verihcation of the reported information against third-party records, such as bank statements.
The Grand Jury's review of a subset of Orange County cities did not identi$r any that did more than desk audits on short-term rental TOT receipts. Put simply, these cities currently rely on the oohonor system." Conducting business-level audits would allow cities to discover and collect additional funds. However, a city should consider the cost of enforcement versus the financial benefit of STR business audits, especially in smaller cities with limited short-term rental TOT.
Major Events Fuel Demand for STRs
Reports from the 2024 Olympic games indicate that the average price per night of STRs in and around Paris more than doubled during the Olympics, and total inventory grew by nearly fifty percent. With the coming 2026Los Angeles World Cup and the2028 Los Angeles Olympics, these surges are likely to be seen in Orange County, especially with the Honda Center and Trestles Beach-both in Orange County-being used as Olympic venues. Orange County cities have not yet dedicated resources to plan around STRs for these major events.
STR Impact on Affordable Housing
Some housing advocates argue that STRs reduce the inventory of much needed and mandated affordable housing. The Grand Jury found that STRs have a negligible effect on affordable housing in cities that currently allow STRs. The Southem California Association of Govemments, acting under the direction of the State Housing Element Law, sets a mandated volume of new units by city for Very Low Income (VLÐ and Low Income (LI) units, and this analysis uses it as the estimate of needed affordable units.
The Grand Jury's analysis of inland cites suggests that if their existing STR units were converted to affordable housing, they would contribute at most about eight percent (12511,671 from Table 4) of the affordable units required (in the city of Orange), and a much smaller percentage in other inland cities.
On the other hand, in coastal cities, the STR volumes appear to meet a sizable portion of affordable unit goals. Howevero coastal cities must comply with State law enforced through the California Coastal Commission (CCC). The CCC weighs in on all coastal development and changes, and any modification of a city's zoning rules or limits on STRs would be subject to the CCC's approval. The CCC's stated goal is to preserve access to public beaches and low-cost 2024-2025 Orange County 13
Long-Term Solutions to Short-Term Rentals
short-term housing, which includes STRs. It is therefore unrealistic to expect that coastal STRs would be converted to long-term affordable housing in any sizeable number.
Table 4: STR permit limits and affordable housing needed (Housing Element) Housing Element 6th Series Unit Goals
Very Low Low WI+LI Unit
Income Income Goal
ffLD (LI)
Limit on
STR Permits
Inland Cities
Anaheim
Buena Park
Fullerton
Orange
Coastal Cities*
Dana Point
Laguna Beach
Newport Beach
San Clemente
Seal Beach
277
l1
100
t25
115
300
1,550
225
-lJ
3,767
2,119
3,198
1,067
147
118
1,456
282
258
2,397
1,343
1,989
604
6,164
3,462
5,187
1,67I
84 80
930
164
20r
23r
198
2,386
446
459
*subject to CCC legal requirements
Equally important is the fact that there is rarely a one-to-one relationship between STRs and long-term housing. In many areas of the County, STRs are luxury or large-scale homes. It is extremely unlikely that such homes could or would be easily converted into affordable housing or demolished to create multiple affordable dwellings. Aside from the complications of such an endeavor, the likelihood that neighbors would acquiesce to these changes is negligible.
Based on the above factorso the Grand Jury concludes that, contrary to widely held belief, STRs should not be considered a significant factor in the availability of affordable housing in Orange County cities with STRs.
STRs Can be Good Neighbors
The burden of getting STR operators to function in a community friendly way should be on the operator and govemment, not the neighborhood residents. Best practices include the following:
o Updated ordinances that limit how STRs can advertise and specifically exclude STRs from banned cities
a Concise city permitting guidance
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o An easy-to-use complaint system for residents
o Diligent code enforcement
o Requiring an in-person contact
o Permit numbers in all advertising
o Monthly electronic collection of TOT
Several Orange County cities, such as Seal Beach, Dana Point, and Orange, have clear permitting procedures that explicitly outline Good Neighbor policies, yielding low complaint rates.
Anaheim and Santa Ana have made ordinance revisions that improve the odds that their cities will prevail in appeals to STR citations. Newport Beach, Dana Point, and Anaheim perform regular inspections on new and existing STRs to ensure units are safe and code compliant.
Incorporating the above elements in a city's ordinances and practicing effective code enforcement would enhance the relationship between STR business operators and their neighbors. Moreover, better communication among cities to share these best practices would greatly improve the management of STRs.
FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the2024-2025 Grand Jury requires (or as noted, requests) responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.
Based on its investigation "Long-Term Solutions to Short-Term Rentals," the 2024-2025 Orange County Grand Jury has arrived at twelve frndings, as follows:
Fl: Despite the increasing media coverage of Online Booking Agencies (OBAs), STRs are not a new phenomenon in Orange County.
F2: The steady growth of STR usage in the last decade raises concerns of potential public nuisance.
F3: Even with robust Code Enforcement, a city's statutory ban on STRs is not enough to keep STRs from operating.
F4: Anaheim's ordinance requires OBAs to report Transient Occupancy Tax (TOT) directly to the city. This has led to the favorable consequence that unpermitted STR income is reported to the city.
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F5: Proactive home inspections of new and renewing STRs, which have been implemented in some Orange County cities, improve code enforcement and STR compliance with city ordinances.
F6: Direct remittance of taxes by OBAs does not capture all TOT for an STR because of direct booking practices.
F7: Some cities in Orange County have outdated systems for tracking short-term rental TOT making the process less effective and more difficult for staff.
F8: In some cases, STRs are improperly recharacteúzed as long-term rentals to circumvent the collection of TOT and any applicable penalties.
F9: Online Booking Agencies in foreign languages are outside the current capabilities of Code Enforcement to monitor and track unpermitted STRs.
F10: Cities that fail to routinely review their STR waiting lists potentially lose TOT revenue and contribute to a greater prevalence of unpermitted STRs.
Fl1: Locations that have hosted major events have reported an outsized increase in demand and pricing of STRs, a situation Orange County is likely to experience with the upcoming2026Los Angeles World Cup and 2028 Los Angeles Olympics.
F12: City leaders have no regular communication with each other conceming STR issues, limiting opportunities to develop strategies and expertise to improve service.
RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933 .05, the 2024-2025 Grand Jury requires (or, as indicated, requests) responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.
Based on its investigation described herein, the2024-2025 Orange County Grand Jury makes the following nine recommendations:
Rl: Cities should review and begin to update ordinances to keep up with the rapidly changing nature of court findings and legislation related to STRs, by December 31, 2025, and no less frequently than every three years thereafter. (F4' F12) R2: Cities should consider developing a plan for upcoming major events that are expected to create a surge in demand for STRs and its associated Transient Occupancy Tax, by December 31,2025, and no less frequently than every two years thereafter. (F11) 2024-2025 Orange County Grand Jury Page 16
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R3: Cities that allow STRs should evaluate the benefit of ordinances facilitating Voluntary Collection Agreements requiring OBAs to submit TOT directly, by June 30, 2026. (F4,ß12) R4: Cities that allow STRs should evaluate the benefit of collecting TOT on a monthly basis by individual property, by June 30,2026. (F7, F8)
R5: Cities should require STRs to include the number of days rented per month per permit to facilitate short-term rental TOT desk audits by November 30, 2025. (F7, F8) R6: Cities with a permit waiting list should implement strategies to remove non-revenuegenerating licenses to allow for fair access by December 31, 2025, and annually thereafter. (F7, F10)
R7: Cities that allow STRs should consider allocating resources to update their short-term rental TOT tracking systems by September 30, 2026. (F7, F8, FlO) R8: Cities that allow STRs should consider random multi-year audits to confirm TOT by June 30,2026, and annually thereafter. (F6, F7, F8)
R9: City leaders should have regular discussions with each other to share STR management strategies on a biannual basis commencing no later than January 1,2026. (F12)
RESPONSES
The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report:
Penal Code Section 933:
(c) No later than 90 døys after the grand jury submits afinal report on the operations of any public agency subject to its reviewing authority, the governing body of the public øgency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected counly ofJïcer or agency headfor which the grand jury høs responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on thefindings and recommendations pertaining to matters under the control of that county fficer or agency head and any agency or øgencies which that fficer or agency head supervises or controls. In any city and county, the mayor shall also comment on thefindings and recommendations. All of these comments and reports shallforthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed onfile with the clerk of the public agency and the ffice of the county clerk, or the mayor when applicable, and shall remain onfile ín those ffices. One copy shall be placed onfile with the øpplicable grandiury final report by, and in the control of the currenþ impaneled grand jury, where it shall be maintained for a minimum offive years.
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Long-Term Solutions to Short-Term Rentals
Penal Code Section 933.05:
(a) For purposes of subdivision þ) of Section 933, as to each grand juryfinding, the responding person or entity shall indicate one of thefollowing:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor.
þ) For purposes of subdivision þ) of Section 933, qs to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(l) The recommendation has been implemented, with a summqry regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in thefuture, with a t im efr am e for imp I e m e nt at i on.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframefor the matter to be preparedfor discussion by the fficer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation wíll not be implemented because it is not warranted or is not reasonable, ,^tìih n- ovnlnmnlìnm lho.ofnv vayúø'.ø..vt.
(c) However, f afinding or recommendation of the grand jury addresses budgetary or personnel mqtters of ø county agency or department headed by an elected fficer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response ofthe board ofsupervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of thefindings or recommendations affecting his or her agency or department.
(d) A gtand jury may request a subject person or entity to come beþre the grand juryfor the purpose of reading and discussing the findings of the grand jury report that relstes to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grønd jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meetingwould be detrimental. (fl A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public releqse ønd after the approval of the presiding judge. No fficer, agency, department, or governing body of a public agency shall disclose any contents ofthe report prior to the public release ofthefinal report.
Responses Required
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code Section 933.05 are required within 90 days of the date of the publication of this report from:
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Findings
City Councils of the following cities:
Dana Point, Fullerton, Huntington Beach, Laguna Beach, Newport Beach, San Clemente, San Juan Capistrano, Seal Beach
Fl,F2, F5, F6, F7,
F8, F9, Fl0, Fl l,F12
Costa Mesa, Irvine, Santa Ana Fl,F2, F3, Fl2
Anaheim Fl,F2, F4, F5, F6,
F7, F8, F9, F1I,FTz
Recommendations
City Councils of the following cities:
Anaheim, Dana Point, Fullerton, Huntington Beach, Laguna Beach, Newport Beach, Orange, San Clemente, San Juan Capistrano, Seal Beach
RI, R2,
Costa Mesao Irvine, Santa Ana Rl, R2, R9
Requested Responses
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code Section 933.05 are requested within 90 days of the date of the publication of this report from:
Findings
City Councils of the following cities:
Buena Park, La Palma, Lake Forest, Mission Viejo, Placentia Fl,F2, F5, F6, F7, F8, F9, F10, F1l,Fl2
Aliso Viejo, Brea, Cypress, Fountain Valley, Garden Grove, La Habra, Laguna Hills, Laguna Niguel, Laguna Woods, Los Alamitos, Rancho Santa Margarita, Stanton, Tustin, Villa Park, Westminster, Yorba Linda
FI,F2, F3, F12
Recommendations
City Councils of the following cities:
Buena Park, La Palma, Lake Forest, Mission Viejo, Placentia Rl, R2, R3, R4, R5, R6, R7, R8, R9
R3, R4
R8, R9
R5
R6, R7
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Aliso Viejo, Brea, Cypress, Fountain Valley, Garden Grove, La Habra, Laguna Hills, LagunaNiguel, Laguna Woods, Los Alamitos, Rancho Santa Margarita, Stantono Tustin, Villa Park, Westminster, Yorba Linda
Rl, R2, R9
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Long-Term Solutions to Short-Term Rentals
Safely. "The Best Altematives to Airbnb and VRBO: The Rise of the Niche Platforms." Safely, February 17, 2025. https://safely.com/articles/the-best-alternatives-to-airbnb-and-vrbo-the-riseof-the-ni che-p latforms/.
Thompson, Robert. "Affordable Twenty-Four Hour Coastal Access: Can We Save a Working Stiffs Place in Paradise?" Ocean and Coastql Law Journal 12, no. I (2006). https://digitalcommons.mainelaw.maine.edu/oclj/voll2lissl/5/.
Urevich, Robin. "Is My Short-Term Los Angeles Rental Legal?" ProPublica, September 3, 2024. https://www.propublica.org/article/is-my-short-term-los-angeles-rental-legal.
Wachsmuth, David, and Danielle Kerrigan. "Short-Term Rentals in Los Angeles: 2022Report." Urban Politics and Governance Research Group, McGill University, 2022. https://upgo.lab.mcgill.calpublicatiorVstrs-in-los-angeles-2022iWachsmuth_LA_2022.pdf.
ANNOTATED BIBLIOGRAPHY
Airbnb. o'Vacation Rentals, Homes, Experiences & Places." Airbnb.com. Accessed January 6, 202 5. https ://www.airbnb.com.
Leading booking platform for STRs.
AirDNA. "Short-Term Rental Data &, Analytics." AirDNA.co. Accessed January 6, 2025. https ://www,airdna.co.
Platform that tracks the STR market, claiming listings of ten million properties that are then linked to partner data to detect reservations and calculate market performance. Market-level volumes are reported with projections. Subscriptions allow for detailed searching and market reports.
Booking.com. "Booking.com: Hotels, Apartments, Villas, Hostels & More." Booking.com.
Accessed January 6, 2025 . https ://www.booking.com.
Leading booking platform includes hotels and STRs.
Deckard. "Deckard Technologies." Deckard.com. Accessed January 6, 2025 . https ://www.deckard.com.
Owner of Rentalscape product, a third-party platform working with cities, offering STR detection with address identification, complaint platform (call-center, web reporting), and tax collection.
Granicus. o'Host Compliance." Granicus.com. Accessed January 6, 2025 . https ://granicus.com/productlhost-compliance/.
Third-party platform working with cities offering STR detectiono a complaint platform and tax collection. Host Compliance product recently integrated into Granicus. 2024-202s Orange County Grand J
g
Long-Term Solutions to Short-Term Rentals
Rabbu. "Short-Term Rental Property Management." Rabbu.com. Accessed January 6, 2025. https://rabbu.com.
One of several investment platforms that does market analysis for STR buyers.
STR. "Hotel Industry Data &. Benchmarking." STR.com. Accessed January 6, 2025. httos://www.str.com.
Part of the Costar Group of real estate data companies; tracks data on hospitality markets with a primary focus on hotels, but STR data such as prices and volumes are also tracked.
Vacasa. "Vacation Rentals." Vacasa.com. Accessed January 6,2025. https://www.vacasa.com.
Vacation rental management and booking site. Provides services to owners and customers.
VRBO. "Vacation Rentals by Owner." VRBO.com. Accessed January 6, 2025. https ://www.vrbo.com.
Leading booking platform, part of Expedia travel group. Integrated Home Away in2019.
Zumper. "Apartments for Rent." Zumper.com. Accessed January 6,2025.http:llzumper.com.
One of many aggregating sites for rentals across platforms. Limits searches to strict city boundaries when searching.
2024-2025 Orange County Grand Jury Page22
August 5, 2025
Maria Hernandez
Presiding Judge of the Superior Court
700 Civic Center Drive
Santa Ana, CA 92701
RE: City of Yorba Linda’s response to findings and recommendations in the FY 2024-25 Orange County Grand Jury report, Long-Term Solutions to Short-Term Rentals.
Dear Judge Hernandez:
The City of Yorba Linda has reviewed the findings and recommendations made in the Orange County Grand Jury’s report regarding Short-Term Rentals, and thus is submitting to you the required responses outlined in the report.
Findings
Finding 1
“Despite the increasing media coverage of Online Booking Agencies (OBAs), STRs are not a new phenomenon in Orange County.”
The City agrees with this finding.
Finding 2
“The steady growth of STR usage in the last decade raises concerns of potential public nuisance.”
The City agrees with this finding.
Finding 3
“Even with robust Code Enforcement, a city’s statutory ban on STRs is not enough to keep STRs from operating.”
The City agrees with this finding.
Finding 12
“City leaders have no regular communication with each other concerning STR issues, limiting opportunities to develop strategies and expertise to improve service.” The City agrees with this finding.
Recommendations
Recommendation 1
“Cities should review and begin to update ordinances to keep up with the rapidly changing nature of court findings and legislation related to STRs, by December 31, 2025, and no less frequently than every three years thereafter.”
The recommendation has been implemented. City staff are continuously monitoring court cases and legislation related to STRs and believe that our ordinance is up to date with current legislation.
Recommendation 2
“Cities should consider developing a plan for upcoming major events that are expected to create a surge in demand for STRs and its associated Transient Occupancy Tax, by December 31, 2025, and no less frequently than every two years thereafter.” This recommendation has not yet been implemented.
Recommendation 9
“City leaders should have regular discussions with each other to share STR management strategies on a biannual basis commencing no later than January 1, 2026.” This recommendation requires further analysis to determine the most feasible way to accommodate regular intra-city discussions on this matter. However, the topic can be introduced for discussion at the City Manager level via the Orange County City Managers Association within the next six months.
Should you have any questions or require any further information from the City of Yorba Linda, please feel free to contact our Assistant City Manager, David Christian at (714)961-7107 or [email protected].
Sincerely,
Janice Lim
Mayor of Yorba Linda
Cc: Orange County Grand Jury
ADMINISTRATION DEPARTMENT
DATE: AUGUST 5, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARK A. PULONE, CITY MANAGER
PREPARED BY: ARLENE QUINTERO, PRINCIPAL RISK AND SAFETY
ANALYST
SUBJECT: DENIAL OF CLAIM FOR DAMGES-MEGAN AND SKYLER KOPPI,
CYNTHIA DAIELLO, JACK GREAVES AND SALVADOR MARTINEZ
RECOMMENDATION
It is recommended that the City Council of the City of Yorba Linda deny the claims for damages filed by Lumm Legal APC (representing Megan and Skyler Koppi), Cynthia Daiello, Holland and Holland Atty (representing minor Jack K Greaves), and Salvador Martinez.
BACKGROUND
Claims for damages filed against the City are reviewed and investigated by City staff and a third-party claims administrator with George Hills Company, Inc. George Hills Company specializes in claims management and risk management services. These services are provided through the City’s contract membership in the California Insurance Pool Authority.
City staff make recommendations to the Council for settlement or denial based on the investigatory findings. A claimant’s failure to provide evidence of and/or supporting documents to substantiate the claim for damages will also result in a recommendation for denial of the claim.
DISCUSSION
The following claims for damages have been recommended for denial based on investigations by City staff and the third-party administrator. Further details for each claim are available upon request.
Megan and Skyler Koppi
A claim was submitted on behalf of a mother and her minor child, alleging that both sustained chemical burns while using the restroom at Travis Ranch Youth Park. The claim asserts that the injuries resulted from contact with a cleaning agent used by City staff during routine restroom maintenance.
DENIAL OF CLAIM FOR DAMGES-MEGAN AND SKYLER KOPPI, CYNTHIA DAIELLO,
JACK GREAVES AND SALVADOR MARTINEZ
P a g e | 2
City staff confirmed that the restrooms at Travis Ranch Youth Park are maintained by the City of Yorba Linda and are cleaned seven days a week. The cleaning product in use has been utilized consistently since 2015 without incident. While the City does not have a formal written cleaning procedure, staff reports that restrooms are not closed during cleaning. The cleaning solution is typically rinsed off and then allowed to air dry, with drying time dependent on ambient air temperature.
No previous complaints or incidents involving chemical exposure or burns have been reported at any City restroom facilities. This is the first and only complaint of its kind received by the City.
Given the consistent cleaning practices, the lack of any prior complaints, and no evidence of negligence by City staff, it has been determined that the City is not liable for the claimant’s alleged injuries. Accordingly, the third-party administrator and City staff recommend denying the claim.
Cynthia Daiello
A resident of Anaheim submitted a claim, alleging that an irrigation leak from adjacent City of Yorba Linda property caused flooding and damage to personal items.
Following receipt of the claim, a City landscape inspector conducted a site visit on June 11, 2025. The inspection revealed a makeshift storage structure built directly against a retaining wall with no moisture barrier, rusted items, visible mold, and roof damage, including missing shingles. The resident also acknowledged a previous roof leak.
It was confirmed that a broken sprinkler, located in the City of Yorba Linda’s adjacent landscape area, was repaired by Nieves Landscape on June 6, 2025, the same day the Yorba Linda Water District reported the issue to the City of Yorba Linda.
The investigation determined the property damage was due to preexisting conditions on the claimant’s property, not the City's actions. Denial of the claim is recommended.
Jack Greaves (minor)
A claim was submitted on behalf of a minor, alleging injury to the left arm while playing on the structure at Adventure Playground.
Our third-party administrator investigated and spoke with a witness who stated the child was with friends and supervised by another parent, not their legal guardian. The adults were seated at a distance and could not see the children they were supervising. No hazardous condition was identified; the incident appears to have resulted from a lack of supervision.
The investigation does not support liability on the part of the City. Denial of the claim is recommended to initiate the six-month statute of limitations.
DENIAL OF CLAIM FOR DAMGES-MEGAN AND SKYLER KOPPI, CYNTHIA DAIELLO,
JACK GREAVES AND SALVADOR MARTINEZ
P a g e | 3
Salvador Martinez
A claim was submitted alleging property damage from a tree that fell into the front yard at 4381 Casa Loma Avenue, damaging fencing, masonry, palm trees, and holiday lighting.
Our investigation confirmed that the tree was located on City Property and fell during a windstorm. City records show the tree was properly maintained and in good health prior to the incident. No prior complaints or notice of a hazardous condition were found.
Under California Government Code §835, public entities are only liable for damages caused by a dangerous condition if they created the condition or had prior notice and failed to act.
Falling trees or branches during windstorms are considered “Acts of God” and do not, on their own, create liability.
The third-party claims administrator and City staff recommend denying the claim.
FISCAL IMPACT
None.
ALTERNATIVES
As an alternative to staff’s recommendations for the claims, the City Council has the following options:
1. Accept liability for the claim and pay the amount specified in the claim forms.
2. Grant settlement authority up to a certain amount and direct the claims adjuster to enter into settlement negotiations with the claimants.
PLANNING COMMISSION | AGENDA ITEM SUMMARY
MEETING DATE | JULY 23, 2025
Community Development Department
Planning Division
Director
Nate Farnsworth, AICP
4.1 APPROVAL OF MAY 28, 2025, PLANNING COMMISSION MEETING MINUTES A motion by Commissioner Goldfarb, second by Commissioner Chavez Marquez, to approve the minutes as mailed. The motion carried (3-0-1-1) with the following roll call vote:
AYES: Bernstein, Chavez Marquez, Goldfarb
NOES: None
ABSENT: Masterson
ABSTAIN: Behura
4.2 APPROVAL OF JUNE 11, 2025, PLANNING COMMISSION MEETING MINUTES A motion by Commissioner Goldfarb, second by Commissioner Chavez Marquez, to approve the minutes as mailed. The motion carried (3-0-1-1) with the following roll call vote:
AYES: Bernstein, Chavez Marquez, Goldfarb
NOES: None
ABSENT: Masterson
ABSTAIN: Behura
7.1 CONDITIONAL USE PERMIT 2025-14 – ST. FRANCIS OF ASSISI CATHOLIC SCHOOL PROPERTY ADDRESS: 5330 EASTSIDE CIRCLE
A request to establish four 953 square-foot accessory modular buildings on the existing St. Francis of Assisi Catholic School campus, for a period of six years.
A motion by Commissioner Behura, second by Commissioner Goldfarb to adopt Resolution No. 5644 Conditional Use Permit 2025-14 – St. Francis of Assisi Catholic School, subject to attached conditions of approval modifying condition no. 36. The motion carried (4 - 0 - 1) with the following roll call vote:
AYES: Bernstein, Behura, Chavez Marquez, Goldfarb
NOES: None
Speakers in favor: 0
Speakers in opposition: 0
ABSENT: Masterson
ABSTAIN: None
8.1 LOT LINE ADJUSTMENT 2024-03 - DOWNING
PROPERTY ADDRESS: 18351 & 18361 BUENA VISTA AVENUE
A request to reconfigure the common property line(s) between two adjacent parcels, thereby modifying their sizes.
A motion by Commissioner Behura, second by Commissioner Goldfarb to adopt Resolution No. 5645 Lot Line Adjustment 2024-03 - Downing, subject to attached conditions of approval. The motion carried (3 - 1 - 1) with the following roll call vote:
AYES: Bernstein, Behura, Goldfarb
NOES: Chavez Marquez
ABSENT: Masterson
ABSTAIN: None
Speakers in favor: None
Speakers in opposition: None
Adjournment: The meeting adjourned at 7:03 p.m. to the August 27, 2025, Planning Commission meeting at 6:30 p.m.
C O U N C I L C O M M I T T E E A N D A G E N C Y R E P O R T S No Committee or Agency reports were submitted by deadline.
AUGUST 5, 2025 CITY COUNCIL MEETING
CONSENT CALENDAR ITEM NO. 13 – COUNCIL COMMITTEE AND AGENCY
REPORTS
ADDITIONAL INFORMATION RECEIVED AFTER POSTING OF AGENDA
QUARTER
REPORT
$35-81(
Presented to the Bridges at
Kraemer Place Community
Advisory Board
R $35-81(
QUARTER
REPORT
1 Reporting Period
April 1, 2025 – June 30, 2025 (Quarter)
July 1, 2024 – June 30, 2025 (Current Fiscal Year)
July 1, 2023 – June 30, 2024 (Previous Fiscal Year)
Number Served
Quarter Current FY FY 2023-24
Number of Unduplicated Clients 80 586 598
Number of Exits 80 393 413
% of Service Capacity Goal (480 annual) 122% 125%
Coordinated Entry System (CES) Statistics
*CES Chart represents clients active at the end of the reporting period Bed Nights
Current FY
Total number of shelter bed nights 68,566
Number of Active Clients on Community Queue 189
% of Active Clients on Community Queue 97%
Number of Active Clients Matched to a Housing Opportunity 2 % of Active Clients Matched to a Housing Opportunity 1% Total number of unduplicated individuals served current fiscal year who have received Permanent Supportive Housing (PSH) or Housing Choice Voucher (HCV) through the Coordinated Entry System
20 Total number of unduplicated individuals served current fiscal year who have received Rapid Re-Housing (RRH) through the Coordinated Entry System 3
2 Program Exits - Summary
Quarter Current FY FY 2023-24
Positive Exits
Permanent, Temporary, Institutions except Jail/Prison
12 46 58
Negative Exits
Emergency Shelter, Streets, Jail/Prison
3 7 146
Unknown Exits
Unknown, Deceased
65 340 211
Program Exits – Destination Detail
Benchmark: 30% of clients who exit to a known destination will exit to permanent housing.
Progress toward benchmark: 68% of clients who have exited to a known destination have exited to permanent housing.
Exits to Permanent Housing Quarter Current FY FY 2023-24 6 36 44
Rental by client, no ongoing housing subsidy 1 6 5
VASH Housing Subsidy 0 5 1
Rental by client, with other ongoing housing
subsidy 0 0 1
Permanent Supportive Housing 0 5 6
Rental by client, with HCV (tenant or project
based) 2 10 26
Staying or living with family, permanent tenure 1 5 3
Staying or living with friends, permanent tenure 1 2 0
Rental by client, with RRH or equivalent subsidy 1 3 0
Other permanent housing dedicated for formerly
homeless persons 0 0 2
3 Exits to Temporary Housing Quarter Current FY FY 2023-24 4 8 9
Staying or living with family, temporary tenure 0 2 4
Staying or living with friends, temporary tenure 3 3 2
Host Home (non-crisis) 0 0 0
Transitional housing for homeless persons 0 2 0
Hotel or motel paid for without emergency shelter
voucher 0 0 3
Residential project or halfway house with no
homeless criteria 1 1 0
Exits to Institutions Quarter Current FY FY 2023-24
3 4 10
Foster care home or group foster care home 0 0 0
Psychiatric hospital or other psychiatric facility 0 0 0 Substance abuse treatment facility or detox center 2 2 1 Hospital or other residential non-psychiatric
medical facility 0 0 1
Jail, prison, or juvenile detention facility 1 2 7
Long-term care facility or nursing home 0 0 1
Exits to Homelessness Quarter Current FY FY 2023-24
2 5 139
Emergency shelter, including hotel or motel paid
for with emergency shelter voucher 0 0 8
Place not meant for habitation (e.g., a vehicle, an
abandoned building, bus / train / subway station
/ airport or anywhere outside)
2 5 131
Exits to Other Destinations Quarter Current FY FY 2023-24 65 340 211
Deceased 0 2 3
Client Doesn't Know/Client Refused 22 111 1
Data Not Collected (no exit interview completed) 43 227 207 Increased Income
Quarter Current FY FY 2023-24
Participants with Increased Income
(at Annual Assessment and/or Exit) 5 23 23
4 Length of Stay – Current FY
Benchmark: National average for shelter stay is 151 days.
Progress toward benchmark: Shelter average is 189 days for the year.
Benchmark: Between July 2017 to June 2024, the average shelter stay at Bridges for successful housing placement is 245 days.
The average length of stay for a successful housing placement is currently: 272 days *The chart above may include duplicate client enrollments Set Aside Beds
Beds
Available
Quarter
Average
Utilization
MHSA Beds 10 93%
Law Enforcement Beds 16 85%
0 62
131
146
110
86 89
< 24 hours 1-7 days 8-30 days 31-90 days 91-180 days 181-365 days > 366 days Number of Clients
Length of Stay
5 Client Demographics - YTD
Age
Race and Ethnicity
20 99
132 138 142
54 0
20 40
60 80
100
120
140
160
18-24 25-34 35-44 45-54 55-64 65+
Number of Clients
Age Range
1 1
1 1
1 2
2 2
2 3
3 4
5 6
6 19
23 75
88 113
228
0 50 100 150 200 250
Black, African American, or African & American Indian,… White & Middle Eastern or North African
Multiracial - more than 2 races, where no option is…
White & Asian or Asian American
White & Black, African American, or African
Native Hawaiian or Pacific Islander & Hispanic/Latina/e/o Multiracial - more than 2 races/ethnicity, with one being… Native Hawaiian or Pacific Islander
Asian or Asian American
Black, African American, or African
White
Number of Clients
Race
6 Gender
Veteran Status
379
204
1 2
Man Woman Non-Binary Transgender
16 570
Veteran Non-Veteran
7 Chronically Homeless
Physical and Mental Health Conditions
235
351
Chronically Homeless Non-Chronically Homeless
14 34
40 73
113
212
237
319
0 50 100 150 200 250 300 350
HIV/AIDS
Alcohol Use Disorder
Both Alcohol and Drug Use Disorders
Drug Use Disorder
Developmental Disability
Physical Disability
Chronic Health Condition
Mental Health Disorder
Number of Clients
Health Conditions
8 City Prior to Entry
The chart above may include duplicate client enrollments. 2 0
11 19
116
0 2
8 75
10 30
14 337
0 50 100 150 200 250 300 350 400
Yorba Linda
Villa Park
Stanton
Placentia
Orange
Los Alamitos
La Palma
La Habra
Fullerton
Cypress
Buena Park
Brea
Anaheim
Number of Clients
City
9 Racial Equity Analysis – YTD
Populations Served
19%
39%
1%
1%
<1%
1%
<1%
<1%
13%
<1%
15%
<1%
4%
3%
1%
20%
39%
<1%
1%
2%
<1%
<1%
1%
21%
<1%
8%
<1%
4%
2%
2%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
White & Hispanic/Latina/e/o
White
Native Hawaiian or Pacific Islander & Hispanic/ Latina/e/o Native Hawaiian or Pacific Islander
Multi-Racial & not Hispanic/ Latina/e/o
Multi-Racial & Hispanic/ Latina/e/o
Middle Eastern or North African & Hispanic/Latina/e/o
Middle Eastern or North African
Hispanic/Latina/e/o
Black, African American, or African & Hispanic/Latina/e/o Black, African American, or African
Asian or Asian American & Hispanic/Latina/e/o
Asian or Asian American
American Indian, Alaska Native, or Indigenous &
Hispanic/Latina/e/o
American Indian, Alaska Native, or Indigenous
2024 PIT (Unsheltered and Sheltered total) Racial Representation of Bridges at Kraemer Place Guests (YTD)
10 Exit Destination Type by Racial Categories compared to Racial Representation of Bridges at Kraemer Place Shelter Population
The charts below may include duplicate client exits
16%
37%
3%
5%
26%
5%
5%
3%
19%
39%
1%
1%
<1%
1%
<1%
<1%
13%
<1%
15%
<1%
4%
3%
1%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
White & Hispanic/Latina/e/o
White
Native Hawaiian or Pacific Islander & Hispanic/ Latina/e/o Native Hawaiian or Pacific Islander
Multi-Racial & not Hispanic/ Latina/e/o
Multi-Racial & Hispanic/ Latina/e/o
Middle Eastern or North African & Hispanic/Latina/e/o
Middle Eastern or North African
Hispanic/Latina/e/o
Black, African American, or African & Hispanic/Latina/e/o Black, African American, or African
Asian or Asian American & Hispanic/Latina/e/o
Asian or Asian American
American Indian, Alaska Native, or Indigenous &…
American Indian, Alaska Native, or Indigenous
Permanent Destinations
Racial Representation of Bridges at Kraemer Place Guests (YTD) Racial Representation of Guests Exiting to Destination Type 38%
38%
25%
19%
39%
1%
1%
<1%
1%
<1%
<1%
13%
<1%
15%
<1%
4%
3%
1%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
White & Hispanic/Latina/e/o
White
Native Hawaiian or Pacific Islander & Hispanic/ Latina/e/o Native Hawaiian or Pacific Islander
Multi-Racial & not Hispanic/ Latina/e/o
Multi-Racial & Hispanic/ Latina/e/o
Middle Eastern or North African & Hispanic/Latina/e/o
Middle Eastern or North African
Hispanic/Latina/e/o
Black, African American, or African & Hispanic/Latina/e/o Black, African American, or African
Asian or Asian American & Hispanic/Latina/e/o
Asian or Asian American
American Indian, Alaska Native, or Indigenous &…
American Indian, Alaska Native, or Indigenous
Temporary Destinations
Racial Representation of Bridges at Kraemer Place Guests (YTD) Racial Representation of Guests Exiting to Destination Type
11 80%
20%
19%
39%
1%
1%
<1%
1%
<1%
<1%
13%
<1%
15%
<1%
4%
3%
1%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
White & Hispanic/Latina/e/o
White
Native Hawaiian or Pacific Islander & Hispanic/ Latina/e/o Native Hawaiian or Pacific Islander
Multi-Racial & not Hispanic/ Latina/e/o
Multi-Racial & Hispanic/ Latina/e/o
Middle Eastern or North African & Hispanic/Latina/e/o
Middle Eastern or North African
Hispanic/Latina/e/o
Black, African American, or African & Hispanic/Latina/e/o Black, African American, or African
Asian or Asian American & Hispanic/Latina/e/o
Asian or Asian American
American Indian, Alaska Native, or Indigenous &…
American Indian, Alaska Native, or Indigenous
Homeless Destinations
Racial Representation of Bridges at Kraemer Place Guests (YTD) Racial Representation of Guests Exiting to Destination Type 22%
38%
1%
1%
1%
1%
12%
1%
14%
3%
3%
1%
19%
39%
1%
1%
<1%
1%
<1%
<1%
13%
<1%
15%
<1%
4%
3%
1%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
White & Hispanic/Latina/e/o
White
Native Hawaiian or Pacific Islander & Hispanic/ Latina/e/o Native Hawaiian or Pacific Islander
Multi-Racial & not Hispanic/ Latina/e/o
Multi-Racial & Hispanic/ Latina/e/o
Middle Eastern or North African & Hispanic/Latina/e/o
Middle Eastern or North African
Hispanic/Latina/e/o
Black, African American, or African & Hispanic/Latina/e/o Black, African American, or African
Asian or Asian American & Hispanic/Latina/e/o
Asian or Asian American
American Indian, Alaska Native, or Indigenous &…
American Indian, Alaska Native, or Indigenous
Unknown Destinations
Racial Representation of Bridges at Kraemer Place Guests (YTD) Racial Representation of Guests Exiting to Destination Type