Agenda packet, regular meeting — Buena Park City Council, August 11, 2026 (part 3 of 3)

Section 4. The City Council directs the City Clerk to certify to the adoption of this resolution, which shall take effect immediately upon adoption.

PASSED AND ADOPTED this _____ day of _______________ 2011 by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

_________________________________
Mayor

ATTEST:

_______________________________
City Clerk

I, Adria M. Vicuña, MMC, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this _____ day of ________________ 2026.

_________________________________
City Clerk

Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 1 June 2026
Department of Resources Recycling and Recovery
Exhibit B
Procedures and Requirements Beverage
Container Recycling Grant Program
Cycle 2 (RBC39) Fiscal Year 2027–28
The Grantee must share copies of these Procedures and
Requirements with its Finance Department and staff responsible for implementing the grant activities.

Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 2 Table of Contents
Introduction .................................................................................................................................... 3 Milestones...................................................................................................................................... 3 Grants Management System (GMS) ......................................................................................... 4 Accessing the Grant................................................................................................................. 4 Contact Updates ....................................................................................................................... 4 Before Commencing Work .......................................................................................................... 5 Reliable Contractor Declaration ............................................................................................. 5 Grant Term .................................................................................................................................... 7 Eligible Costs............................................................................................................................. 7 Ineligible Costs.......................................................................................................................... 8 Modifications.............................................................................................................................. 9 Acknowledgements .................................................................................................................. 9 Reporting Requirements........................................................................................................ 10 Electronic Signatures ............................................................................................................. 10 Progress Report......................................................................................................................11 Final Report .............................................................................................................................11 Grant Payment Information ................................................................................................... 13 Reimburse Payment Request........................................................................................... 14 Advance Reconcile Payment Request............................................................................ 15 Supporting Documentation................................................................................................ 15 Audit Considerations .............................................................................................................. 16 Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 3 Introduction
The Department of Resources Recycling and Recovery (CalRecycle) administers the Beverage Container Recycling Grant Program. These Procedures and Requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and closeout procedures, and records and audit requirements. In this document, "Grantee" means the recipient of funds pursuant to this Agreement.

In a Regional Grant, the term “grantee” used throughout this document refers to the Lead Participant (Lead). The Lead is designated to act on behalf of all Non-Lead Participant(s). In a Cooperative/Regional, the Lead manages the grant, is responsible for the performance of the grant and all required documentation and administers the grant funds to its Non-Lead Participants on its behalf.

This document is attached to, and incorporated by reference, into the Grant Agreement.

Milestones
Notice to Proceed Date: Grant Term Begins on the date that CalRecycle emails the Notice to Proceed.

October 14, 2027: Progress Report Due 1. (covering activity from Notice to Proceed to September 30, 2027)
January 13, 2028: Progress Report 2 Due. (covering activity from October 1, 2027 to December 31, 2027)
April 13, 2028: Progress Report 3 Due. (covering activity from January 1, 2028 to March 31, 2028)
July 13, 2028: Progress Report 4 Due. (covering activity from April 1, 2028 to June 30, 2028)
October 12, 2028: Progress Report 5 Due. (covering activity from July 1, 2028 to September 30, 2028)
January 11, 2029: Progress Report 6 Due. (covering activity from October 1, 2028 to December 31, 2028)
April 12, 2029: Progress Report 7 Due. (covering activity from January 1, 2029 to March 31, 2029)
July 12, 2029: Progress Report 8 Due. (covering activity from April 1, 2029 to June 30, 2029)
October 11, 2029: Progress Report 9 Due. (covering activity from July 1, 2029 to September 30, 2029)
January 10, 2030: Progress Report 10 Due. (covering activity from October 1, 2029 to December 31, 2029)
April 2, 2030: Final Report and Final Payment Request Due • If this date falls on a weekend or holiday, the report/payment request must be submitted on the following business day.

April 2, 2030: Grant Term End
Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 4 Grants Management System (GMS)
GMS is CalRecycle’s web-based grant application and Grants Management System.

Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts are tied to a specific email address. If an email address changes or becomes inactive, the grantee must create a new WebPass account to continue accessing GMS. Establish or manage a WebPass at CalRecycle’s WebPass page
(https://secure.calrecycle.ca.gov/WebPass/).

Accessing the Grant
Grantees must log in to GMS (https://secure.calrecycle.ca.gov/Grants) using their web pass. After logging in, locate the grant in the My Awarded/Open Grants table and select the Grant Management link. The Grant Management Module includes the following sections:
• Summary tab: Shows approved budget, paid and remaining amounts. (This section is available to the grantee in read-only mode.) • Payment Request tab: Grantee requests reimbursement.
• Reports tab: Grantee uploads required reports.
• Interest: Shows earned interest on an advance payment. • Documents tab: Grantee uploads all other grant documents that are not supporting documents to a payment request or a report. This section also provides access to documents uploaded within other sections of GMS. • Sites tab: Shows approved project sites.

To work in the system, follow the instructions in GMS. The following sections describe the reports, transactions, and supporting documents CalRecycle requires.

Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application Module with the “Allow Access” check box marked. A contact may be listed but not granted access by not checking the box. If a contact is given access to a grant, they can edit contacts, submit payment requests, upload reports, and view all documents. Those with access may update contact information for all contact types except Signature Authority. Email the assigned Grant Manager regarding any changes to Signature Authority information.

Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 5 Before Commencing Work
Before commencing work under this grant, the grantee’s Grant Manager or primary contact and authorized grant Signature Authority should review the Terms and Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key grant administrative requirements. Evaluation of the grantee’s compliance with these requirements is a major focus of grant audits.

Reliable Contractor Declaration
Before authorizing a contractor or subcontractor to commence work under this grant, the grantee shall submit to the Grant Manager a declaration from the contractor or subcontractor, signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in section 17050 of Title 14 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor or subcontractor. The grantee must submit this form for each contractor and subcontractor working under the grant.

If a contractor or subcontractor is placed on the CalRecycle Unreliable Contractor List (https://www.calrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the grantee may be required to terminate the contract. Obtain the Reliable Contractor Declaration form (CalRecycle 168) from CalRecycle’s Application and Grant Management Tools webpage (https://calrecycle.ca.gov/funding/tools/) The grantee must upload a scanned copy of each signed Reliable Contractor Declaration form in GMS. To upload the form:

1. Go to the Reports tab.

2. Click on Reliable Contractor Declaration under Report Type.

3. Click the Add Document button.

4. In the Document Type drop-down box, select Reliable Contractor Declaration, enter a document title, click the Browse button to search for and upload the document, and then Save.

5. Click on the Submit Report button.

For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

Certificate of Insurance
The grantee shall present a current copy of insurance certificate to their Grant Manager upon grant execution or at the initial site visit. The grantee shall obtain and keep in force for the term of the grant and require its subcontractors to obtain and keep in force, the following insurance policies which cover any acts or omissions of the grantee, or its employees engaged in the provision of services or performances of activities funded pursuant to and specified in the grant.
• Commercial general liability insurance in the amount of $1,000,000 per occurrence and aggregate for bodily injury and property damage. • Automobile liability in the amount of $1,000,000 for each accident for owned or non-owned or hired vehicles, whichever is applicable.

Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 6 The grantee shall name the State of California, its officers, agents, employees, and servants as additional insured parties for all insurance required and is responsible for guaranteeing that a copy of each Certificate of Insurance is submitted to CalRecycle within thirty (30) days of the execution of the grant.

The certificate of insurance shall state a limit of liability of not less than $1,000,000 per occurrence for bodily injury and property damage combined. Self-Insured entities must provide a copy of a Certificate of Consent to Self-Insure issued by the California Department of Industrial Relations.

The grantee shall notify CalRecycle prior to any insurance policy cancellation or substantial change of policy.

Project Requirements
All projects are subject to the following requirements:
• The project(s) must be located in California.
• Reimbursement will not exceed the amount stated on the Grant Agreement Cover Sheet (CalRecycle 110).
• The grantee will ensure that the recycling bins, if applicable, are serviced on a regular basis and that collected material is transported to a certified recycling center.
• The grantee will ensure, if applicable, that it and/or other entities certified to collect beverage containers are certified or registered by CalRecycle in the proper category and will provide the Grant Manager a copy of the certification certificate(s), upon request.

The grantee shall monitor the project for the tonnage collected by material type, if applicable, and will report to the Grant Manager in the progress and final reports.

Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 7 Grant Term
The Grant Term begins on the date of the Notice to Proceed (NTP) email, which is the formal notification from CalRecycle authorizing the grantee to begin the grant project, and ends on April 2, 2030. The grantee must make all grant-eligible program expenditures and incur all grant-eligible costs within this period. Expenditures made or costs incurred before the NTP date or after the end date are not eligible for reimbursement.

The Final Report and final Payment Request are due on April 2, 2030. CalRecycle recommends reserving the period from March 1, 2030 to April 2, 2030 exclusively for preparing the Final Report and final Payment Request, though they may be completed earlier. Costs incurred to prepare the Final Report and Final Payment Request are only eligible for reimbursement during the Grant Term.

Eligible Costs
Grantees may incur eligible costs only during the Grant Term, which starts when the grantee receives a Notice to Proceed from CalRecycle and ends on April 2, 2030. See “Grant Term” for additional information. All grant expenditures must be for activities, products, and costs specifically included in the approved Work Plan and approved Budget. To be eligible for reimbursement, costs must be incurred after receiving a Notice to Proceed and before the end of the Grant Term. All services must be provided, and goods received at the project site provided in the application during this period. The grantee must pay invoices for goods and services before including those goods or services on a payment request.

Eligible costs are limited to the following:
• Personnel costs directly related to the start-up/implementation of the project are capped at 25 percent of the total grant award (e.g., recycling coordinator salaries/wages for those directly involved with the project, students, consultants, etc.).
• Purchase of equipment or materials related to infrastructure (beverage container recycling bins/receptacles, cluster bins, lids, receptacle liners, in-unit totes (multi- family residential dwellings), pads/enclosures to accommodate centralized roll- off, balers, scales, optical sorters (for municipality operating its own Material Recovery Facility), equipment modifications, signage, brochures, installation costs for equipment, service cart for use in collection of materials, laptops, computers, etc.
• Purchase of water refill stations, including installation, replacement of current infrastructure, plumbing, maintenance, additional attachments or modifications, and related educational and outreach activities/materials as eligible expenditures. • Purchase of mobile water trailer bars, including replacement of filters, maintenance, additional attachments or modifications, reusable cups/refillable bottles utilized for and purchased/leased with the water trailer bars, and related education and outreach activities/materials as eligible expenditures. • Direct operating expenses associated with project activities. • Expenses for an ongoing collection program (excluding single stream). • Source reduction items such as reusable cups/refillable bottles purchased and/or leased with a mobile water trailer bar.

Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 8 • Educational activities or materials promoting beverage container recycling (not to exceed a maximum cap of 25 percent of the total grant award). May be included as part of the Mandatory Commercial Recycling Plan for local jurisdiction applicants.
• Funding must be directly related to the collection or recycling of California Redemption Value (CRV) of beverage containers and the overall program. If non-CRV items are included in the grant, they are subject to proportional cost.

For example: a request to purchase a three-bin system for composting, paper and CRV recycling, can only be funded at one third of the cost. A mixed recycling bin will be funded proportionately based on the CRV content of materials collected.
• Dual bin collection systems that are permanently attached together to include landfill and California Redemption Value (CRV) beverage containers are 100 percent eligible.
• Litter reduction and cleanup activities along the United States-Mexico border where the waste stream includes beverage containers that will be recycled.

Note: All expenditures are subject to audit. Questions regarding eligible/ineligible costs should be directed to the Grant Manager.

Ineligible Costs
Any costs not specifically included in the approved Budget and not directly related to beverage container recycling and the approved grant project are ineligible for reimbursement. The grantee should contact the Grant Manager if clarification is needed.

Ineligible costs include, but are not limited to:
• Costs incurred before the date that CalRecycle sends the Notice to Proceed email or after April 2, 2030.
• Partial payments or deposits for goods and services that have not been received or delivered.
• Promotional Items/SWAG (Stuff We All Get). Promotional Items not related to the project (e.g., shirts, magnets, cups, gift cards, stickers, tote bags not used as recycling bins, calendars with no educational component, trophies, awards, plaques, rewards).
• Non-CRV Beverage Container Recycling items.
• Trash bins.
• Equipment not related to the project.
• Purchasing equipment that was paid for using other CalRecycle grant funds. • Personnel (costs or staff not related to the project or within scope of grant) and exceeding the 25 percent cap of the total grant award.
• Costs for establishing a recycling center, processing facility, drop-off or collection program, community service program or any other business startup costs. • Educational activities or materials not related to the project and exceeding the 25 percent maximum camp of the total grant award.
• Travel costs exceeding state-approved rates for mileage, per diem, lodging, etc. • Costs that are inconsistent with local, state, and federal statutes, ordinances and/or regulations.
• Any food or beverages (supplied as part of meetings, workshops, training, or events).
• Any pre-paid expenditures for future goods or services delivered after the end of Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 9 the Grant Term. (Exception: The Grant Manager may consider approving products purchased in full before the end of the Grant Term but delivered after the Grant Term if the delay is caused solely by the supplier and through no fault of the grantee. The grantee must request an exemption in writing and receive written approval from the Grant Manager.)
• Out-of-state travel, unless pre-approved in writing by the Grant Manager. • Indirect costs (e.g., office expenses, rent, telephone expenses, insurance, contingency funds, or utilities).
• Overtime costs.
• Any other costs not deemed reasonable or related to the purpose of the grant by the Grant Manager.
• Out of State beverage containers collected as part of litter abatement and cleanup projects cannot be funded under this grant program. • Reverse Vending Machines (RVMs).
• Single-use plastic disposable and Solo cups.

Competitive Bid Requirements
Grantee shall secure at least three competitive bids or price quotes for goods (including equipment) or services authorized in the grantee’s Approved Application with revisions, if any, and any amendments—Exhibit C, where the amount charged to the grant is $5,000 or more. The grantee shall purchase such goods or services from the lowest qualified bidder or pay the difference between the lowest bid and the one selected, without using funds obtained pursuant to this Amendment. The grantee shall maintain documentation of the competitive bid process used. This competitive bid requirement may be waived upon grantee certification that due to the unique nature of the goods or services; a sole source purchase is justified. Failure to comply with competitive bid requirements may result in CalRecycle disallowing reimbursement of some portion or all of the related costs.

Modifications
The grantee must submit any proposed revision(s) to the Work Plan and/or Budget in writing to the Grant Manager. The grantee may not incur costs or make expenditures based on the revision without first receiving the Grant Manager’s written approval.

Proposed revisions must be clearly marked on the Work Plan and/or Budget and must be accompanied by a summary of proposed changes or modifications, including justification for the proposed changes. If approved, the Grant Manager will upload the final revised Work Plan and/or Budget to GMS and notify the grantee. The grantee may submit proposed revisions in conjunction with a Progress Report, but they cannot be submitted as part of the Progress Report. The grantee should retain the approval document(s) for audit purposes. See the “Audit Record/Access” section of the Terms and Conditions (Exhibit A).

Acknowledgements
The grantee shall acknowledge CalRecycle’s support each time a project funded, in whole or in part, by this Agreement is publicized in any medium, including news media, social media, brochures, or other types of promotional materials. The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from this Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 10 requirement on a case-by-case basis. Contact your Grant Manager for the CalRecycle logo.

Reporting Requirements
The Grant Agreement requires Progress Reports and a Final Report, as listed in the Milestones section; however, the Grant Manager may require additional Progress Reports at any time during the Grant Term. Failure to submit the Final Report with appropriate documentation by the due date may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

The grantee must upload all reports to GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

To upload a report:

1. Go to the Reports tab.

2. Click on the appropriate Report Type.

3. Click on the Add Document button.

4. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save.
• Select the Back button to upload another document and continue the process until all required documents, as listed below, are uploaded. • The maximum allowable file size for each document is 35MB.

5. Click the Submit Report button to complete your report submittal. The Submit Report button will not be enabled until all required reporting documents are uploaded.

Grant Managers will only approve reports with current information that include all required sections and documents. Grant Managers will only process Payment Requests after report approval.

Failure to comply with the specified reporting requirements may be considered a breach of the Grant Agreement and may result in the termination of the Grant Agreement, rejection of the Payment Request, and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. The grantee must report any problems or delays immediately to the Grant Manager.

Electronic Signatures
CalRecycle requires a certified e-Signature on documents or forms that certify legally binding information.

Note: E-signatures must include the Signature Authority's first and last name, be in the Adobe Digital ID format (or through another certified digital signature program), and cannot be completed using Adobe’s “Fill and Sign” function. Any document using the “Fill and Sign” method is considered incomplete and may be returned to the grantee.

If you have questions, email [email protected].

Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 11 Progress Report
The grantee must submit a Progress Report by the due dates listed in the Milestones Section of this document. These reports should cover grant activities that occurred within the specified reporting period. The report should include the following:
• The Grant Number, grantee’s name, and Grant Term.
• The following disclaimer statement on the cover page:
“The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The state makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text.”
The first Progress Report shall include, but is not limited to:

1. Baseline data from which to evaluate the outcomes of all projects funded through this Agreement, when applicable.

2. A statement of the tasks or milestones implemented to date and a report on the status of each.

Each subsequent Progress Report shall include, but is not limited to:

1. A statement of the tasks or milestones implemented during the reporting period and a summary on the status of each.

2. If applicable, the volume of empty California Redemption Value (CRV) beverage containers collected (in tons or pounds) by material type (i.e., aluminum, glass, bi-metal, plastic by resin type and wine and distilled spirit box, bladder, or pouch containers [WDS-BBP].

3. A discussion of all unanticipated problems or concerns and corrective actions taken.

4. A statement of all data collection completed during the reporting period and findings to date.

5. A description of all expenditures during the reporting period.

6. A description of all changes made to the project during the reporting period with the approval of the Grant Manager and all additional changes identified.

Final Report
The Final Report is due April 2, 2030. This report should cover grant activities from the Notice to Proceed through April 2, 2030. A minimum of 12 months data is required before submitting the Final Report. If a grant project is completed prior to the 12 months, the data will be requested after the end date of the grant term to meet this 12- month reporting requirement.

The grantee shall submit a Draft Final Report on or before March 1, 2030. The Grant Manager shall draft review comments and transmit them to the grantee within 10 calendar days of receipt of the draft version of the Final Report. After incorporation of Grant Manager requested revisions, the grantee shall submit to the Grant Manager the Final Report on or before April 2, 2030.

The grantee must include the following items in the Final Report:
• The Grant Number, grantee’s name, and Grant Term.
• The following disclaimer statement on the cover page:

Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 12 “The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The state makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text.”
• Table of Contents
• Summary of the Project
a. The goal that was identified to be achieved through implementation of the grant project and objectives identified to help reach that goal. b. The baseline data collected prior to implementing the program. c. The methodology for ongoing data collection and evaluation. • Total Cost of Program
a. A breakdown of actual expenditure for the project (i.e., administration, staff, equipment, operating costs, etc.) by project component (e.g., infrastructure, education, events, etc.) and the percentage of the overall project costs for each component.
b. A list of all funding sources for the project, the amount provided and the percentage of each source is of the overall project.
c. A list and estimated dollar value of support from partnerships, volunteers, and in-kind services.
d. A statement whether funds received through this Agreement was a factor in obtaining additional funding and supporting for the project. • Work Plan
a. A schedule of actual dates of project accomplishments (milestones). b. A summary of the actual time expended on each phase of the project (i.e., planning, start-up, operation, evaluation, and until project became/becomes self-sustaining, if applicable).
c. A summary of special staffing needs.
d. A description of criteria for selecting equipment, actual effectiveness of chosen equipment, and recommended changes in equipment. e. A statement of time elapsed before data was representative of a stable project.
f. A discussion of problems encountered and corrective actions taken. g. A discussion of conditions unique to this project.
• Tonnage Generated
a. The volume of empty CRV beverage containers collected (in tons) by material type (i.e., aluminum, glass, bi-metal, plastic by resin type and wine and distilled spirit box, bladder, or pouch containers [WDS-BBP]). • Project Effectiveness and Challenges
a. Goals/Outcomes achieved as a result of this project (e.g., percentage change in CRV volumes collected, change in knowledge and/or awareness level, etc.) include baseline data.
b. List of challenges experienced with the project during the grant term.

Include methods used to overcome the challenges and any suggestions for improvement.
c. Statistical data to support the outcomes.
d. Volumes collected for 12 months.
e. Education and Outreach frequency and distribution for all educational components, if applicable.
f. Outside influences that may have affected the outcomes achieved.

Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 13 g. Efforts resulting in the reduction of greenhouse gas emissions. • Project Sustainability – Lessons Learned
a. Important findings and suggestions for improvement.
b. Tips or modifications needed for other entities to replicate projects. c. Description of how the project will continue beyond the grant term (Project Sustainability).
d. A list and description of on-going expenses for this project. e. List of subcontractors.
f. Photographs, articles, educational materials.

Grantee acknowledges and agrees that CalRecycle shall not release final payment pursuant to this Agreement unless and until CalRecycle has received from the grantee a Final Report that complies with the above requirements and with other applicable requirements in the Agreement.

Advance Payment Request
Nonprofit Grantees and Federally Recognized Tribal Entities Only:

An Advance Payment of up to 25 percent of the grant award may be requested per California Government Code Section 11019.3.

If approved, upon receipt of advanced grant funds, the grantee shall deposit and maintain, until expended, all grant funds in an interest-bearing account within a federally insured financial institution. The grantee shall provide proof of deposit in a Federally Insured institution. All earned interest must be reported and reconciled at the time of submittal of the final payment request. Interest will be expended on grant activities. Any unspent grant funds or unspent earned interest must be returned to CalRecycle by the end of the Grant Term. Contact the Grant Manager to initiate this process.

The advance payment must be fully reconciled before the next Payment Request is submitted. Costs incurred may be reconciled only for those materials and services specified in the approved Budget.

To submit a request for an advance payment the grantee must submit the following information in a letter with the signed Grant Agreement or during the Grant Term:
a. Be on Awardee’s letterhead.
b. Include a justification that supports the need for the advance payment. c. Identify which Budget categories the advance payment will be used. d. Explain how the advance payment will be spent in a timely manner. e. Be signed and dated by an individual authorized to contractually bind the applicant.

Grant Payment Information
• Payment to the grantee for eligible grant expenses is made only on a reimbursement basis, and only for those materials and services specified in the approved grant application.
• The grantee may request reimbursement only once a month during the Grant Term:

Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 14 The grantee must submit the required Progress Report(s)/Final Report before or concurrently with the submission of the Grant Payment Request. No reimbursement is made before the Grant Manager approves the report. • The grantee must submit a completed Grant Payment Request and provide supporting documentation as described in the “Payment Request and Documentation” section for completed project(s) only.
• CalRecycle will make grant payments to only the grantee. It is the grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
• Cooperative Agreement Reimbursement: The Lead Participant (Lead) for Cooperative agreements is responsible for reimbursing all Non-Lead Participants. When and if the Non-Lead Participant(s) submit an invoice to the Lead, the Lead pays the Non-Lead Participant(s) directly and in full. The Lead then requests reimbursement from CalRecycle. CalRecycle can only reimburse invoices received from the Lead directly, not from the Non-Lead Participant(s). • CalRecycle will withhold and retain 10 percent of each approved Grant Payment Request amount until all conditions stipulated in the Agreement, including submission and Grant Manager approval of the Progress and Final Reports, have been satisfied.
• CalRecycle will promptly send payments to the grantee as fiscal procedures permit. The grantee can typically expect payment approximately 45 days from the date the grantee submits a complete Grant Payment Request. • The grantee must provide a Reliable Contractor Declaration form (CalRecycle 168) (https://www2.calrecycle.ca.gov/Docs/Web/127824) signed under penalty of perjury by the grantee’s contractors and subcontractors in accordance with the “Reliable Contractor Declaration” section of the Terms and Conditions (Exhibit A). The declaration must be received and approved by the Grant Manager before commencement of work. See the “Reliable Contractor Declaration” section in Terms and Conditions (Exhibit A) for more information.

Reimburse Payment Request
Failure to submit the final Payment Request with appropriate documentation by the due date may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

The grantee must submit payment requests in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

To submit a Grant Payment Request:

1. Go to the Payment Request tab.

2. Click on the Create a Reimburse/Advance Reconciliation button. a. Choose Reimburse for the Transaction Type and enter the amount spent in each budget subcategory.
b. When the transaction is complete, click the Save button. c. After the transaction is saved, the Upload Supporting Documents button will appear in the lower right corner.

3. Click the Upload Supporting Documents button.
a. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save.

Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 15 b. Select the Back button to upload another document and continue this process until all required supporting documents, as listed below, are uploaded.
c. The maximum allowable file size for each document is 35MB.

4. Click the Submit Transaction button, located on the transaction page, to complete your payment request. The Submit Transaction button will not be enabled until all required supporting documents are uploaded. a. Note: Once a transaction is saved, select the transaction number from the Payment Request tab to access it again. Do not create multiple transactions for funds that have already been requested.

Advance Reconcile Payment Request
For any grantee that was granted an Advance Payment, an Advance Reconcile must be submitted to show how the Advance Payment was spent. To submit an Advance Reconcile:

1. Go to the Payment Request tab.

2. Click on the Create a Reimburse/Advance Reconciliation button. a. Choose Advance Reconcile for the Transaction Type and enter the amount spent in each budget subcategory.
b. When the transaction is complete, click the Save button. c. After the transaction is saved, the Upload Supporting Documents button will appear in the lower right corner.

3. Click the Upload Supporting Documents button.
a. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save. b. Select the Back button to upload another document and continue this process until all required supporting documents, as listed below, are uploaded.
c. The maximum allowable file size for each document is 35MB.

Supporting Documentation
• Grant Payment Request form (CalRecycle 87)
o A completed Grant Payment Request form with the digital signature of the signatory or his/her designee, as authorized by the grantee’s Resolution or Letter of Commitment, must be uploaded to GMS.
 Note: A designee may sign on behalf of the grantee if a) authorized by the Resolution or Letter of Commitment, and b) a Letter of Designation has been provided to the Grant Manager.
• Cost and Payment Documentation
o Cost and payment documentation is required to be submitted for each expenditure of $500 or more. No supporting documentation is required for expenditures of less than $500 unless requested by the Grant Manager. o Acceptable cost and payment documentation must include at least one of each of the following:

Procedures and Requirements
Beverage Container Recycling Grant Program, RBC39 (FY 2027–28) 16 1) Cost Documentation. Cost Documentation may include:
 Invoices
 Receipts
 Purchase Orders
The above items must include the vendor’s name and telephone number, address, description of goods or services purchased, amount due, and date. The claimed expenses should be highlighted and identified with the applicable task number on each invoice.
2) Proof of Payment. Proof of payment may include:
 copy(s) of cancelled check(s) that show an endorsement from the banking institution
 invoice(s) showing a zero balance and form of payment (e.g. credit card).
 accounting system report from local government if it contains the vendor name, date of invoice, invoice number, check number, or internal ID, and the date the amount was paid
 bank statement(s) along with a copy of the endorsed check or invoice showing the check number
 copy of an electronic funds transfer confirmation
 copy of a credit card statement(s)
o Three (3) bids (or a sole source justification) obtained prior to purchase are required for any purchase over $5,000. Original supporting documentation is not required to be submitted to the Grant Manager but should be retained by the grantee.

Note: The Grant Manager may require additional cost and payment documentation as necessary to verify eligible costs.

All forms listed above are available on the CalRecycle Application and Grant Management Tools webpage (https://calrecycle.ca.gov/Funding/tools/).

Audit Considerations
The grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a minimum of three (3) years after the final payment date or the Grant Term end date, whichever is later. CalRecycle may stipulate a longer period of records retention in order to complete any action and/or resolution of all issues that may arise as a result of any litigation, dispute, or audit, whichever is later.

Examples of audit documentation include, but are not limited to, competitive bids, grant amendments if any relating to the Budget or Work Plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices, and cancelled checks. For more information, refer to the Terms and Conditions (Exhibit A).

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 1 Exhibit A
Terms and Conditions

Beverage Container Recycling Grant Program
Fiscal Year 2027–28

The following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise:
• "CalRecycle" means the Department of Resources Recycling and Recovery. • "Director" means the Director of CalRecycle or his or her designee. • "Grant Agreement" and "Agreement" means all documents comprising the agreement between CalRecycle and the Grantee for this Grant.
• "Grant Manager" means CalRecycle staff person responsible for monitoring the grant. • "Grantee" means the recipient of funds pursuant to this Agreement. • "Program" means the Beverage Container Recycling Grant Program. • "State" means the State of California, including, but not limited to, CalRecycle and/or its designated officer.

Air or Water Pollution Violation
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district.
(b) Out of compliance with any final cease and desist order issued pursuant to Water Code Section 13301 for violation of waste discharge requirements or discharge prohibitions. (c) Finally determined to be in violation of provisions of federal law relating to air or water pollution.

Amendment
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

Americans with Disabilities Act
The grantee assures the state that it complies with the Americans with Disabilities Act of 1990 (ADA)(42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

Assignment, Successors, and Assigns
(a) This Agreement may not be assigned by the grantee, either in whole or in part, without CalRecycle’s prior written consent.

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 2 (b) The provisions of this Agreement shall be binding upon and inure to the benefit of CalRecycle, the grantee, and their respective successors and assigns.

Audit/Records Access
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement.

[It may be helpful to share the Terms and Conditions and Procedures and Requirements with your finance department, contractors and subcontractors. Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks.]

Authorized Representative
The grantee shall continuously maintain a representative vested with signature authority authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all times, keep the Grant Manager informed as to the identity and contact information of the authorized representative.

Availability of Funds
CalRecycle's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant.

Bankruptcy/Declaration of Fiscal Emergency Notification If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the grantee shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures set forth in the section entitled “Communications” herein.

Charter Cities
If the grantee is a charter city, a joint powers authority that includes one or more charter cities, or the regional lead for a regional program containing one or more charter cities, the grantee shall not receive any grant funding if such funding is prohibited by Labor Code section 1782. If it is determined that Labor Code section 1782 prohibits funding for the grant

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 3 project, this Agreement will be terminated and any disbursed grant funds shall be returned to CalRecycle.

Child Support Compliance Act
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code Section 5200 et seq.; and (b) The grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

Communications
All communications from the grantee to CalRecycle shall be directed to the Grant Manager.

All notices, including reports and payment requests, required by this Agreement shall be given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures and Requirements (Exhibit B). If an original document is required, prepaid mail or personal delivery to the Grant Manager is required following the email or fax.

Compliance
The grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The grantee shall maintain compliance with such requirements throughout the Grant Term. The grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. The grantee shall ensure that all of grantee’s contractors and subcontractors have all local, state, and/or federal permits, licenses, registrations, certifications, and approvals required to perform the work for which they are hired. Any deviation from the requirements of this section shall result in non- payment of grant funds.

Conflict of Interest
The grantee needs to be aware of the following provisions regarding current or former state employees. If the grantee has any questions on the status of any person rendering services or involved with this Agreement, CalRecycle must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. (b) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 4 Former State Employees (Pub. Contract Code, § 10411):
(a) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. (b) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the twelve month period prior to his or her leaving state service.

If the grantee violates any provisions of above paragraphs, such action by the grantee shall render this Agreement void. (Pub. Contract Code, § 10420).

Contractors/Subcontractors
The grantee will be entitled to make use of its own staff and such contractors and subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change in contractors or subcontractors must be mutually acceptable to the parties. Immediately upon termination of any such contract or subcontract, the grantee shall notify the Grant Manager.

Nothing contained in this Agreement or otherwise, shall create any contractual relation between CalRecycle and any contractors or subcontractors of grantee, and no agreement with contractors or subcontractors shall relieve the grantee of its responsibilities and obligations hereunder. The grantee agrees to be as fully responsible to CalRecycle for the acts and omissions of its contractors and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the grantee. The grantee's obligation to pay its contractors and subcontractors is an independent obligation from CalRecycle’s obligation to make payments to the grantee.

As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor.

Copyrights
Grantee retains title to any copyrights or copyrightable material produced pursuant to this Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all copyrightable materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on CalRecycle’s behalf. Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section.

Corporation Qualified to do Business in California
When work under this Agreement is to be performed in California by a corporation, the corporation shall be in good standing and currently qualified to do business in the State. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 5 Discharge of Grant Obligations
The grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to CalRecycle.

Disclaimer of Warranty
CalRecycle makes no warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, equipment, services or products are purchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CalRecycle employees or agents have any right or authority to make any other representation, warranty or promise with respect to any materials, equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall CalRecycle be liable for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement.

Discretionary Termination
The Director shall have the right to terminate this Agreement at his or her sole discretion at any time upon 30 days written notice to the grantee. Within 45 days of receipt of written notice, grantee is required to:
(a) Submit a final written report describing all work performed by the grantee. (b) Submit an accounting of all grant funds expended up to and including the date of termination.
(c) Reimburse CalRecycle for any unspent funds.

Disputes
In the event of a dispute regarding performance under this Agreement or interpretation of requirements contained therein, the grantee may, in addition to any other remedies that may be available, provide written notice of the particulars of such dispute to the Branch Chief of Financial Resources Management Branch, Department of Resources Recycling and Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written notice must contain the grant number.

Unless otherwise instructed by the Grant Manager, the grantee shall continue with its responsibilities under this Agreement during any dispute.

Drug-Free Workplace Certification
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee will comply with the requirements of the Drug- Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a drug-free workplace by taking the following actions:

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 6 (a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. (b) Establish a drug-free awareness program to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace. (3) Any available counseling, rehabilitation, and employee assistance programs. (4) Penalties that may be imposed upon employees for drug abuse violations. (c) Require that each employee who works on the grant:
(1) Receive a copy of the drug-free policy statement of the grantee. (2) Agrees to abide by the terms of such statement as a condition of employment on the grant.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if CalRecycle determines that the grantee has made a false certification, or violated the certification by failing to carry out the requirements as noted above.

Effectiveness of Agreement
This Agreement is of no force or effect until signed by both parties.

Entire Agreement
This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

Environmental Justice
In the performance of this Agreement, the grantee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state.

Expatriate Corporations
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Sections 10286 and 10286.1, and is eligible to contract with the State of California.

Failure to Perform as Required by this Agreement
CalRecycle will benefit from the grantee's full compliance with the terms of this Agreement only by the grantee's:
(a) Investigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycling of wastes.
(b) Cleanup of the environment.
(c) Enforcement of solid waste statutes and regulations, as applicable.

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 7 Therefore, the grantee shall be in compliance with this Agreement only if the work it performs results in:
(a) Application of information, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste.
(b) The cleanup of the environment.
(c) The enforcement of solid waste statutes and regulations, as applicable.

If the Grant Manager determines that the grantee has not complied with the Grant Agreement, the grantee may forfeit the right to reimbursement of any grant funds not already paid by CalRecycle, including, but not limited to, the 10 percent withhold.

In addition to forfeiture of grant funds, failure to perform as required by this Agreement may impact Grantee’s eligibility for future grants offered by CalRecycle.

Force Majeure
Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by CalRecycle or the grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

Forfeit of Grant Funds/Repayment of Funds Improperly
Expended
If grant funds are not expended, or have not been expended, in accordance with this Agreement, or if real or personal property acquired with grant funds is not being used, or has not been used, for grant purposes in accordance with this Agreement, the Director, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the 10 percent withhold, and/or to repay to CalRecycle any funds improperly expended.

Generally Accepted Accounting Principles
The grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

Grant Manager
The Grant Manager’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to CalRecycle pursuant to this Agreement. The Grant Manager may monitor grantee performance to ensure that the grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Manager does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and Requirements (Exhibit B).

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 8 Grantee Accountability
The grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to CalRecycle, the grantee is responsible for repayment of the funds to CalRecycle.

Grantee's Indemnification and Defense of the State
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the grantee as a result of the performance of this Agreement.

Grantee's Name Change
A written amendment is required to change the grantee's name as listed on this Agreement.

Upon receipt of legal documentation of the name change, CalRecycle will process the amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment.

In Case of Emergency
In the event of an emergency, or where there is an imminent threat to public health and safety or the environment, the grantee may choose, at its own risk, to incur grant-eligible expenses not previously included in the approved Budget, subject to subsequent approval by the Grant Manager of both the Budget change and the need to implement the Budget change on an emergency basis. The grantee shall notify the Grant Manager of the emergency and the Budget change at the earliest possible opportunity. CalRecycle reserves the right to accept or reject the grantee’s determination that the circumstances constituted an emergency or a threat to public health and safety or the environment. If the Grant Manager determines that the circumstances did not constitute an emergency or a threat to public health or safety, the Budget change will be disallowed.

Limited Waiver of Sovereign Immunity and Consent to
Jurisdiction
The Grantee expressly and irrevocably waives sovereign immunity (and any defenses based thereon) in favor of CalRecycle, but not as to any other person or entity, as to any dispute which specifically arises under this Agreement and not as to any other action, matters or disputes.

The Grantee does not waive its sovereign immunity with respect to (i) actions by third parties, except for parties acting on behalf of, under authorization from the Grantee or CalRecycle, or (ii) disputes between the Grantee and CalRecycle which do not specifically arise under this Agreement. The Grantee further agrees that exhaustion of tribal administrative remedies,

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 9 including before any tribal court, shall not be required prior to proceeding to filing a complaint in the appropriate court of law; and
The Grantee and CalRecycle agree that any monetary damages awarded or arising under this Agreement shall be exclusively limited to actual direct damages incurred based on obligations contained in this Agreement that have been demonstrated with substantial certainty and which do not, in any event, exceed the total amount of the award under this Agreement. The Grantee and CalRecycle agree not to assert any claim for damages, injunctive, or other relief which is not consistent with the provisions of this Agreement; and The Grantee and CalRecycle may seek, and the Grantee may seek after it has exhausted any available remedy through the Government Claims Program and the Program so approves, judicial review for breach of contract in the State Superior Court for Sacramento County, including any appellate proceedings. The Grantee and CalRecycle expressly consent to the jurisdiction of such Court, provided that:
(a) No person or entity other than the Grantee and CalRecycle is a party to the action, unless failure to join a third party would deprive the court of jurisdiction; provided, however, that nothing herein shall be construed to constitute a waiver of the sovereign immunity of the Grantee or CalRecycle in respect to any such third party. (b) The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced like any other judgment of the court in which it is entered.

Nothing in this Agreement shall be construed to constitute a waiver of the sovereign immunity of the Grantee with respect to intervention by any additional party not deemed an indispensable party to the proceeding. Unless otherwise agreed by the Grantee and CalRecycle, any dispute resolution meetings or communications, or mediation, shall be in the context of a settlement discussion to potential litigation and remain confidential to the extent not prohibited by applicable law.

National Labor Relations Board Certification
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the grantee within the immediately preceding two-year period because of the grantee's failure to comply with an order of a federal court which orders the grantee to comply with an order of the National Labor Relations Board. This section is not applicable if the grantee is a public entity.

No Agency Relationship Created/Independent Capacity
The grantee and the agents and employees of grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of CalRecycle.

No Waiver of Rights
CalRecycle shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by CalRecycle. No delay or omission on the part of CalRecycle in exercising any rights shall operate as a waiver of such right or any other right.

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 10 A waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a waiver of CalRecycle’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by CalRecycle, nor any course of dealing between CalRecycle and grantee, shall constitute a waiver of any of CalRecycle’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of CalRecycle is required under this Agreement, the granting of such consent by CalRecycle in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of CalRecycle.

Non-Discrimination Clause
(a) During the performance of this Agreement, grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in Government Code Section 12900 et seq. (b) The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California that the grantee has, unless exempted, complied with the nondiscrimination program requirements (Gov. Code, § 12990, subd. (a-f) and California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.)

Order of Precedence
The performance of this grant shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Project Summary/Statement of Use, Work Plan, and Budget of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s CalRecycle-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto (b) Terms and Conditions
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee’s Application
(h) All other attachments hereto, including any that are incorporated by reference.

Ownership of Drawings, Plans, and Specifications
The grantee shall, at the request of CalRecycle or as specifically directed in the Procedures and Requirements (Exhibit B), provide CalRecycle with copies of any data, drawings, design plans, specifications, photographs, negatives, audio and video productions, films, recordings, reports, findings, recommendations, and memoranda of every description or any part thereof, prepared under this Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all such materials produced pursuant this Agreement, for nonprofit, non- commercial purposes, and to have or permit others to do so on CalRecycle’s behalf.

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 11 Payment
(a) The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Work Plan, if applicable, which is attached hereto and incorporated herein by this reference. CalRecycle shall reimburse the grantee for only the work and tasks specified in the Work Plan or the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
(b) The grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget, and shall obtain the Grant Manager’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application or the approved Budget prior to performing the changed work or incurring the changed cost. If the grantee fails to obtain such prior written approval, the Director, at his or her sole discretion, may refuse to provide funds to pay for such work or costs.
(c) The grantee shall request reimbursement in accordance with the procedures described in the Procedures and Requirements.
(d) Ten percent will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld pursuant to CalRecycle’s 10 percent retention policy.
(e) Lodgings, Meals and Incidentals: Grantee’s Per Diem eligible costs are limited to the amounts authorized in the California State Administrative Manual (contact the Grant Manager for more information).
(f) Payment will be made only to the grantee.
(g) Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements (Exhibit B).

Personal Jurisdiction
The grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Personnel Costs
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specified in the Procedures and Requirements (Exhibit B).

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 12 Real and Personal Property Acquired with Grant Funds
(a) All real and personal property, including equipment and supplies, acquired with grant funds shall be used by the grantee only for the purposes for which CalRecycle approved their acquisition for so long as such property is needed for such purposes, regardless of whether the grantee continues to receive grant funds from CalRecycle for such purposes.

In no event shall the length of time during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for which CalRecycle approved its acquisition be less than five (5) years after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the grantee. The grantee may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the grant funds, unless pre-approved in writing by the Grant Manager that CalRecycle will accept a lower priority position with respect to the security interest on the property. Grantee shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this grant condition. (c) The grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization of CalRecycle. Grantee’s violation of this provision shall result in Grantee’s reimbursement to CalRecycle of the amount of grant funds used to purchase said equipment and supplies.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was previously purchased with CalRecycle grant funds, unless the acquisition of such equipment with grant funds is pre-approved in writing by the Grant Manager. In the event of a question concerning the eligibility of equipment for grant funding, the burden will be on the grantee to establish the pedigree of the equipment.

Reasonable Costs
A cost is reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Consideration will be given to:
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the performance of the grant.
(b) The restraints or requirements imposed by such factors as generally accepted sound business practices, arms-length bargaining, federal and state laws and regulations, and the terms and conditions of this Agreement.
(c) Whether the individuals concerned acted with prudence in the circumstances, considering their responsibilities to the organization, its members, employees, clients, and the public at large.
(d) Significant deviations from the established practices of the organization which may unjustifiably increase the grant costs.

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 13 Recycled-Content Paper
All documents submitted by the grantee must be printed double-sided on recycled-content paper containing 100 percent post-consumer fiber. Specific pages containing full color photographs or other ink-intensive graphics may be printed on photographic paper.

Reduction of Waste
In the performance of this Agreement, grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

Reduction of Waste Tires
Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all purchases made with grant funds, including, but not limited to equipment and tire-derived feedstock, the grantee shall purchase and/or process only California waste tires and California waste tire-derived products. As a condition of final payment under this Agreement, the grantee must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Grant Manager.

Reimbursement Limitations
Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other CalRecycle funded program.

All costs charged against the Agreement shall be net of all applicable credits. The term “applicable credits” refers to those receipts or reductions of expenditures that operate to offset or reduce expense items that are reimbursable under this Agreement. Applicable credits may include, but are not necessarily limited to, rebates or allowances, discounts, credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the amount of the credit from the total billed under a future invoice.

Reliable Contractor Declaration
Prior to authorizing any contractor or subcontractor to commence work under this Grant, the grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources (https://www.calrecycle.ca.gov/laws/regulations/title14), Division 7, has occurred with respect to the contractor or subcontractor within the preceding three (3) years. If a contractor is placed on CalRecycle’s Unreliable List after award of this Grant, the grantee may be required to terminate that contract.

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 14 Remedies
Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy.

Self-Dealing and Arm’s Length Transactions
All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s-length transactions and not the result of, or motivated by, self-dealing on the part of the grantee or any employee or agent of the grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

Severability
If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms.

Site Access
The grantee shall allow the state to access sites at which grant funds are expended and related work being performed at any time during the performance of the work and for ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved.

Stop Work Notice
Immediately upon receipt of a written notice from the Grant Manager to stop work, the grantee shall cease all work under this Agreement.

Termination for Cause
CalRecycle may terminate this Agreement and be relieved of any payments should the grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, CalRecycle may proceed with the work in any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from any sum due the grantee under this Agreement. Termination pursuant to this section may result in forfeiture by the grantee of any funds retained pursuant to CalRecycle’s 10 percent retention policy.

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 15 Time is of the Essence
Time is of the essence to this Agreement.

Tolling of Statute of Limitations
The statute of limitations for bringing any action, administrative or civil, to enforce the terms of this Agreement or to recover any amounts determined to be owing to CalRecycle as the result of any audit of the grant covered by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the grantee to the Director.

Union Organizing
By signing this Agreement, the grantee hereby acknowledges the applicability of Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. (b) If the grantee makes expenditures to assist, promote, or deter union organizing, the grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that grantee shall provide those records to the Attorney General upon request.

Venue/Choice of Law
(a) All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue.

The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
(b) The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder.

Waiver of Claims and Recourse against the State
The grantee agrees to waive all claims and recourse against the state, its officials, officers, agents, employees, and servants, including, but not limited to, the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement.

Work Products
Grantee shall provide CalRecycle with copies of all final products identified in the Work Plan.

Grantee shall also provide CalRecycle with copies of all public education and advertising material produced pursuant to this Agreement.

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 16 Workers’ Compensation/Labor Code
The grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

August 11, 2026

CONSENT CALENDAR
Item No. 4N.

City Council Agenda Report
CITY RESPONSES TO 2025-2026 ORANGE COUNTY GRAND JURY REPORT: "WILDFIRES HIT HOME"

PREPARED BY PRESENTED BY
Jessica Fewer, Senior Management Analyst Jessica Fewer, Senior Management Analyst

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/HR Director Aaron France, City Manager

RECOMMENDED ACTION
1) Approve the City's responses to the Orange County Grand Jury Report entitled "Wildfires Hit Home."

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
On May 19, 2026, the Orange County Grand Jury released a report entitled, "Wildfires Hit Home" (Attachment 1).The report is the result of the Grand Jury's investigation and analysis of the risk of wildfire in Orange Countywildland-urban interface areas, the insurance industry's response to this risk, actions taken by fire preventionauthorities to reduce the risk of damage and destruction of homes by wildfire and the state legislature andCalifornia Department of Insurance (CDI) response to the insurance crisis.

The City of Buena Park is required to respond to specific findings and recommendations. Staff has drafted aresponse letter from the City (Attachment 2). With City Council approval, staff will remit this response to the GrandJury by the August 18, 2026, deadline.

BUDGET IMPACT
There is no budget impact with the approval of this item.

Attachments
Wildfires_Hit_Home_05-19_26.pdf
Grand_Jury_Response_Wildfires_jf rev2 to CC.pdf

Wildfires Hit Home
Orange County Grand Jury 2025-2026

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TABLE OF CONTENTS
SUMMARY ...................................................................................................................... 5 BACKGROUND .............................................................................................................. 6 REASON FOR STUDY ................................................................................................... 9 METHOD OF STUDY ...................................................................................................... 9 INVESTIGATION AND ANALYSIS ................................................................................ 10 FINDINGS ..................................................................................................................... 31 RECOMMENDATIONS ................................................................................................. 32 COMMENDATIONS ...................................................................................................... 33 REQUIRED RESPONSES ............................................................................................ 34 Acronyms ...................................................................................................................... 41 Glossary ........................................................................................................................ 43 Bibliography .................................................................................................................. 45 Appendix A .................................................................................................................... 50 Appendix B .................................................................................................................... 53 Appendix C .................................................................................................................... 55 Appendix D .................................................................................................................... 56 Appendix E .................................................................................................................... 58 Appendix F .................................................................................................................... 61 Appendix G ................................................................................................................... 63

FIGURES
Figure 1 Map of Eaton and Palisades Fires in January 2025 ......................................... 7 Figure 2 Shared responsibility for risk reduction in wildland-urban interface areas ...... 11 Figure 3 WUI and suburban conflagration fire disaster chain of events. ...................... 13 Figure 4 Example of an Orange County City LRA Fire Hazard Severity Zone Map ..... 16 Figure 5 Board of Forestry and Fire Protection Defensible Zones 0, 1, and 2 .............. 18 Figure 6 Total FAIR Plan Dwelling and Commercial Policies Have Increased, September 2023 to September 2025 ............................................................. 20 Figure 7 City Area Reported in Fire Hazard Severity Zones ......................................... 26 Figure 8 Cities Reporting Achieved, Applied for, or Plan to Apply for a Community- Level Wildfire Risk Mitigation Designation ..................................................... 27 Wildfires Hit Home

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Figure 9 Cities Reporting Outreach Program to Provide Information and Guidance to Property Owners on Wildfire Risk Mitigation Measures and/or Grants .......... 28 Figure 10 Cities Reporting Their Outreach Program Refers to Orange County Fire Authority Outreach Programs and Resources ............................................. 29 Figure 11 Top 20 Deadliest California Wildfires ............................................................ 50 Figure 12 Top 20 Most Destructive California Wildfires ................................................ 51 Figure 13 Large Fires 300 Acres and Greater - State and Contract Counties Direct Protection Area ............................................................................................ 52 Figure 14 Orange County Wildfires by Size ................................................................. 52 Figure 15 Safer from Wildfires Flyer, Page 1 ................................................................ 53 Figure 16 Safer from Wildfires Flyer, Page 2 ................................................................ 54 Figure 17 Fire Hazard Severity Zone Map of Orange County ...................................... 55 Figure 18 Fire Hardening and Defensible Space Disclosure, Page 1 .......................... 56 Figure 19 Fire Hardening and Defensible Space Disclosure, Page 2 .......................... 57 Figure 20 California Property and Casualty Insurance Company Homeowners Premium and Loss ....................................................................................... 58 Figure 21 FAIR Plan Data for Orange County Zip Codes 90620 - 92679 ..................... 59 Figure 22 FAIR Plan Data for Orange County Zip Codes 92680 – 92899 .................... 60 Figure 23 Orange County Fire Authority Covered Cities .............................................. 61 Figure 24 Orange County Fire Jurisdictions ................................................................. 62 Figure 25 Ready, Set Go! Flyer for Immediate Zone .................................................... 63 Figure 26 Ready, Set, Go! Flyer on Defensible Space ................................................. 64 Figure 27 Ready, Set, Go! Flyer for Home Hardening, Page 1 .................................... 65 Figure 28 Ready, Set, Go! Flyer for Home Hardening, Page 2 .................................... 66 Figure 29 Ready, Set, Go! Flyer on Vegetation Management ...................................... 67 Figure 30 Ready, Set, Go! On Be Ember Aware .......................................................... 68 Figure 31 Ready, Set, Go! Flyer on Home Assessment ............................................... 69 Figure 32 Ready, Set, Go! Flyer on Wildfire Home Risk Assessment, Page 1 ............. 70 Figure 33 Ready, Set, Go! Flyer on Wildfire Home Risk Assessment, Page 2 ............. 71 Figure 34 Zone 0 At-A-Glance, Page 1 ........................................................................ 72 Figure 35 Zone 0 At-A-Glance, Page 2 ........................................................................ 73

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SUMMARY
Wildfires have become a fact of life in California. Persistent drought conditions and accelerated warming have led to an increase in wildfires throughout the state. Of the twenty most destructive wildfires in California history, fifteen have occurred in the last ten years (see Appendix A). From the Camp Fire, also referred to as the Paradise Fire, in Northern California to the Palisades and Eaton Fires in Los Angeles and the Airport Fire in Orange County, the tragic loss of life and the destruction of thousands of homes and structures have upended homeowners’ lives and rocked the insurance industry with billions of dollars in claims just in the last few years. These conditions have made home insurance unaffordable or unavailable for many Orange County residents. The State of California has attempted over recent years to mitigate the impact on ratepayers and insurers and has provided tougher regulations for hardening homes and property. Both the California legislature and the California Department of Insurance have issued recent laws and regulations to address these issues. Significant for this report are Safer from Wildfires (2022), California Fair Access to Insurance Requirements (FAIR) Plan (1968, revised 2025), Assembly Bill 888 (2025) and California Wildland-Urban Interface Code (2025).

The California FAIR Plan was established in 1968 to provide basic insurance for property owners who could not obtain fire coverage through the traditional insurance market due to being in high-risk fire areas. The FAIR Plan is not a state agency, and it receives no taxpayer funding. It is a syndicated fire insurance pool made up of all insurers licensed to write property/casualty insurance in the state. The FAIR Plan is intended to be the insurer of last resort and is meant to be a temporary safety net helping property owners until they can transition back to the traditional insurance market. The numerous fires over the last few years coupled with private insurers leaving the California market or no longer insuring homes in high-risk areas, have resulted in the FAIR Plan being financially strained with the number of policies more than doubling since September 2023.1 The State Legislature and Department of Insurance both responded with strategies to rebalance this problem requiring insurers to increase the number of policies issued in high-risk areas and to change the way rates are established, however, insurance companies, using loopholes in the legislation, have so far largely avoided meeting the goals set for them.2
The Safer from Wildfires regulation was issued by the Insurance Commissioner after development in partnership with California Department of Forestry and Fire Protection (CAL FIRE) and the Governor’s Office of Emergency Services. The regulation mandates

1 Key Statistics & Data. The California FAIR Plan. https://www.cfpnet.com/key-statistics-data/ 2 The New York Times, California Promised Insurance Relief, But Delivered Loopholes, Nov. 2, 2025.

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that insurance companies provide rate discounts for various actions that property owners take to create defensible space and harden their homes against wildfires (see Appendix B).

AB888, the California Safe Homes Grant Program, aims to reduce wildfire losses, improve insurability and resilience of vulnerable communities, and support home hardening efforts to help residents qualify for insurance premium incentives. It provides grants to aid qualifying residents and communities to complete wildfire risk mitigation measures.

The California Wildland-Urban Interface Code (CWUIC) refers to the California Building Standards Code, Title 24, Part 7. Effective in January 2026, the CWUIC requires fire- resistant and ignition-resistant construction in Fire Hazard Severity Zones or the wildland-urban interface. Requirements were also established for vegetation and hazard mitigation in the same areas. Studies have definitively shown that implementing these home hardening and defensible space requirements, including retrofitting existing homes, will greatly reduce ignition and fire spread, thereby reducing damage and resulting claims. Compliance with the 2015 International Wildland-Urban Interface Code (IWUIC) could save $4 for every $1 invested and retrofitting structures to the IWUIC could provide from $2 to as much as $8 in benefits for each $1 invested.3 Home hardening and defensible space measures that align with wildland-urban interface codes and Safer from Wildfires regulations will help save homeowners and insurance companies from catastrophic loss.

The 2025-2026 Orange County Grand Jury found evidence that clearly shows Safer from Wildfires home hardening and defensible space measures protect homes and communities, saving homeowners, local governments, and fire authorities as well as insurance companies from catastrophic loss while also providing discounts for homeowners’ insurance premiums.

BACKGROUND
California’s Wildfire Crisis and Insurance Impact
California faces an escalating wildfire crisis fueled by accelerated warming, prolonged droughts, increasingly windy conditions, and expanded development into fire-prone areas. Between 2015 and 2025, 15 of the 20 most destructive wildfires in state history

3 National Institute of Building Science, Natural Hazard Mitigation Saves. 2019. https://nibs.org/wp- content/uploads/2025/04/NIBS_MMC_MitigationSaves_2019-1.pdf. Accessed March 3, 2026.

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occurred, including the Palisades and Eaton Fires in 2025. These events have caused loss of life, devastated communities, destroyed thousands of homes, and resulted in billions in insured losses (see Appendix A).

The Eaton Fire in January 2025, spread through the suburbs of Pasadena destroying 9,413 structures and burning 14,021 acres. It became Los Angeles County’s most destructive and second deadliest fire with 19 fatalities (see Appendix A).

On the same day in January 2025, the Palisades Fires swept through Pacific Palisades, Topanga, and Malibu, consuming 6,833 homes and 23,707 acres. It became Los Angeles County’s third-most destructive fire and third deadliest with 12 fatalities (see Appendix A). Both fires were fueled by strong Santa Ana winds of between 80-100 mph, extremely dry conditions, and dense vegetation, creating what officials called a "perfect storm" for wildfire spread.4,5

Figure 1 Map of Eaton and Palisades Fires in January 2025 The most destructive California wildfire listed by CAL FIRE is the November 2018 Camp Fire in Butte County which burned 153,336 acres, destroyed 18,804 structures, and resulted in 85 deaths. The CAL FIRE list of the Top 20 Most Destructive California Wildfires can be viewed in detail in Appendix A. Data for Orange County wildfires for the period 2008 through 2024 can be viewed in Appendix A.

Orange County’s 2024 Airport Fire that started in Trabuco Canyon burned 23,500 acres and destroyed 160 structures. The fire raged for nearly a month, prompting a state of

4 Andrea Thompson, How the Ferocious Santa Ana Winds are Fueling the Palisades Fire, Scientific American, Accessed January,8, 2026, http://www.scientificamerican.com 5 Julia Jacobo and Ginger Zee, A perfect storm of weather and climate conditions led to the severity of the California fires, ABC News, Accessed January 8, 2026, http://www.abcnews.com/US/perfect-storm- weather-climate-conditions-severity-california-fires/story?id=117468072

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emergency and millions of dollars in claims. This fire and others not only caused property loss, but also damaged ecosystems, water resources, and impacted air quality.

Post-fire soil degradation and the expansion of invasive, non-native plants has further hindered recovery.6
In California, wildfires have strained the private insurance market. Many insurers, facing frequent and unsustainable financial exposure and constraints on rate hikes caused by Proposition 103 have withdrawn from high-risk areas, or stopped issuing new policies altogether. Some insurers have even withdrawn from the state completely.

California homeowners in high-risk wildfire areas report premiums ranging from $5,000 to $12,000 annually.7 Orange County, California’s fifth most expensive housing market as of the 4th quarter 2025,8 faces challenges that are different than the statewide market. With an average home price of $1.2 million,9 rising insurance costs further threaten housing affordability. A recent survey found that 43% of Orange County seniors worry most about housing costs and financial security.10 Among the hardest hit by insurance premium increases and policy nonrenewal are retirees, renters, and owners of condominiums, townhomes, and mobile homes.

The Safer from Wildfires regulation requires insurers to offer discounts to homeowners who take proactive steps to reduce wildfire risk. Discounts are based on both achieving community-level designations, which assess the collective mitigation efforts of neighborhoods, and property-level improvements such as installing fire-resistant roofing, ember-resistant vents, and clearing defensible space.11 Reducing wildfire risk in the wildland-urban interface helps ensure that insurance coverage remains accessible. California’s wildfire and insurance crisis demands coordinated action from local governments and fire authorities, communities, and homeowners to reduce risk of wildfire.

6 Mashall A. Hayrikian, Engineering and Environmental Implications of the LA wildfires: Eaton and Palisades Fire, Marshall Geoscience – Geotechnical Engineering, Laboratory Services, http://www.marshallgeo.com/geotechnical-engineering/engineering-and-environmental-implications-of-la- wildfires-eaton-palisades-fires/
7 Merlin Law Group. Fire Insurance in California: A Complete Guide. https://www.merlinlawgroup.com/fire- insurance-california-guide/. Accessed March 6, 2026.
8 California Association of Realtors®, Median Prices of Existing Single Family Homes. Accessed March 8, 2026. https://www.car.org/marketdata/data/housingdata
9 O.C. CA Real Estate and Property Data, ATTOM, October 2025 10 Gabriel San Roman, New report on aging in Orange County outlines key concerns among seniors, Los Angeles Times, June 21, 2024, https://www.latimes.com/socal/daily-pilot/entertainment/story/2024-06- 21/aging-in-orange-county-report
11 California Code of Regulations, Title 10, Section 2644.9, Consideration of Mitigation Factors; Wildfire Risk Models. https://regulations.justia.com/states/california/title-10/chapter-5/subchapter-4-8/article- 4/section-2644-9/
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REASON FOR STUDY
Wildfires have become an increasingly severe threat to residential communities in Orange County, particularly those in high-risk fire zones. The frequency and intensity of wildfires has escalated due to prolonged droughts, rising temperatures, and development encroachment into wildland-urban interface areas. Catastrophic losses from these wildfires have resulted in a continuing insurance crisis.

This study aims to (1) identify the shared responsibilities of local governments and fire service agencies, communities and homeowners to reduce the risk of wildfire in the wildland-urban interface, (2) investigate the status of actions taken by the California legislature and Department of Insurance to provide relief to policyholders, and (3) inform communities and homeowners on home hardening, defensible space, insurance risk reduction, and wildfire safety awareness.

METHOD OF STUDY
The investigation reviewed the efforts of Orange County local governments, local fire departments, and homeowner associations to better understand and provide an independent look at the above concerns and possible solutions. To achieve a clear picture of the wildfire problem in the Orange County wildland-urban interface and its impact on insurance rates, the 2025-2026 Grand Jury has done the following:
 Reviewed studies and academic papers
 Issued a Fire Hazard Severity Zone survey to all Orange County cities  Examined the 2025 California Wildland-Urban Interface Code  Observed a demonstration at a Yorba Linda Water District Heli-Hydrant™  Visited Firewise USA Site designated communities
 Conducted literature review of previous statewide Grand Jury reports  Interviewed California Department of Insurance staff, reviewed Department website and pertinent regulations
 Visited Orange County Fire Authority facilities to better understand their training, procedures, and preparedness
 Conducted multiple interviews with city, county, and fire officials, as well as homeowners association staff and residents regarding wildland-urban interface wildfire risk reduction
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Orange County Fire Authority helicopter approaching Yorba Linda Water District Heli-HydrantTM Source: Orange County Grand Jury 2025-2026

INVESTIGATION AND ANALYSIS
The 2025-2026 Grand Jury investigated the risk of wildfire in Orange County wildland- urban interface areas, the insurance industry’s response to this risk, actions taken by fire prevention authorities to reduce the risk of damage and destruction of homes by wildfire, and the state legislature and California Department of Insurance (CDI) response to the insurance crisis. The Grand Jury also investigated actions homeowners should take to share the responsibility to reduce community wildfire risk, and by doing so, potentially reduce their insurance costs.

The Grand Jury investigation included evaluation of CDI initiatives, the Safer from Wildfires insurance regulation,12 and other regulations related to wildfire and insurance risk reduction. The investigation also included examination of recent changes to Fire Hazard Severity Zone mapping, the 2025 CWUIC, and pending amendments to the ember-resistant Zone 0 regulations that comprise defensible space requirements.

Shared Responsibility for Reduction of Wildfire and
Insurance Risk
There is a broad scope of shared responsibility for risk reduction in wildland-urban interface areas. State legislators, CDI, state and local fire prevention authorities, counties and cities, community-level organizations, and homeowners all share responsibility for taking actions necessary to prevent wildfires in wildland-urban interface areas and thereby reduce insurance risk and policy rates. Figure 2 below illustrates the shared responsibility.

12 California Code of Regulations, Title 10, Section 2644.9

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Figure 2 Shared responsibility for risk reduction in wildland-urban interface areas The conclusion of this report focuses on the responsibilities of local governments and fire prevention authorities to provide homeowners the information and guidance needed to reduce property-level wildfire and insurance risk and thereby reduce these risks across entire communities.

Wildland-Urban Interface
Wildland-urban interface (WUI) is where urban development meets or intermixes with undeveloped natural areas. The term
“wildland-urban interface” refers most often
to areas where houses are located within or
adjacent to relatively larger areas of natural
vegetation. The U.S. Forest Service refers to
WUI simply as “areas where human
development meets natural landscapes.13
WUI is at greatest risk of wildfire in

13 Forest Service, U.S. Department of Agriculture. Wildland-Urban Interface. https://research.fs.usda.gov/nrs/fire/wui. Accessed January 12, 2026.

Source: RanchoMissionViejo.com

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California, where we have led the nation in both WUI growth and wildfires for 30 years.14 The Wildland-Urban Interface Fire Problem
The current National Fire Protection Association (NFPA) Firewise USA program was developed out of the 1986 Wildfire Strikes Home conference principally organized by the U.S. Forest Service and the NFPA. This initiative was the initial fire management response to the home destruction problem related to wildfires nationally recognized in 1985 which has since become known as the WUI fire problem.15 By the middle of this century, many Orange County residents may have a dramatic experience with wildfire due to increasingly drier, hotter conditions. Research that examined wildfires during the period from 1959 through 2009 predicts that in the next 25 years Southern California will see increased wildfires during months when fall winds occur and also during the warmer, summer months. It is estimated that by the mid-21st century there will be a 64% increase in acreage burned during higher intensity fall winds, and a 77% increase during summer winds due to warmer and drier climate. A greater concern is the estimated 20% increase in structures destroyed due to fires during fall winds and estimated 74% increase in structures destroyed due to fires during summer winds in warmer, drier conditions.16
Orange County development that continues into the WUI should expect to face these predictions. This Orange County Grand Jury report focuses on the implications for increased wildfire and insurance risk and our concern that most homes in WUI areas are not prepared to resist ignition and destruction by wildfire.

Wildland-Urban Interface Fire Disaster and Suburban Conflagration WUI fire disasters and suburban conflagrations occur during extreme fire conditions when numerous houses ignite and burn simultaneously, overwhelming the capabilities of firefighting resources.17 If enough homes are ignition-resistant, many homes do not ignite during extreme fire conditions and fire protection is not overwhelmed by the

14 Center for Critical Urban and Environmental Studies. University of California, Santa Cruz. Wildland Urban Interface (WUI) Research for Resilience: Addressing California’s Climate, Conservation & Housing Crises. https://criticalurbanenvironments.ucsc.edu/projects/wildland-urban-interface-wui-research-for- resilience/
15 Jack Cohen. The Wildland-Urban Interface Fire Problem: A Consequence of the Fire Exclusion Paradigm. Forest History Today. Fall 2008: 20-26.
https://www.fs.usda.gov/rm/pubs_other/rmrs_2008_cohen_j002.pdf. Accessed March 25, 2026. 16 Yufang Jin, et al. Identification of two distinct fire regimes in Southern California; implications for economic impact and future change. Environmental Research Letters, Volume 1, Number 9. IOP Science, September 8, 2015. https://iopscience.iop.org/article/10.1088/1748-9326/10/9/094005.

Accessed January 9, 2026.
17 Cohen, The Wildland-Urban Interface Fire Problem, 22.

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homes that do ignite; the ignition-resistant homes can survive without firefighter protection, and an extreme wildfire can occur without becoming a WUI fire disaster18 or suburban conflagration.

Suburban conflagrations occur when fire spreads from the wildlands into the WUI and suburban environment. Suburban conflagration follows the conceptual WUI fire chain of events in Figure 3.19 Once a structure in a community ignites, the probability of its complete destruction is high and the risk to the rest of the community increases as the burning structure produces significant heat and embers.20 Effective prevention of structure ignitions through home hardening and defensible space measures can break the WUI fire chain of events.

Figure 3 WUI and suburban conflagration fire disaster chain of events.21 Home Ignition Zone and Home Ignition Potential
The home ignition zone refers to a home and its immediate surroundings within 100 to 200 feet. The home ignition zone principally determines the potential for WUI fire disasters. Research shows that a home’s ignition potential during extreme wildfires is determined by the characteristics of its exterior materials and design, their response to

18 Cohen, The Wildland-Urban Interface Fire Problem, 23. 19 Ian M. Gammanco, et al. The Return of Conflagration in Our Built Environment. Insurance Institute for Business and Home Safety. September 2023. https://ibhs.org/wp- content/uploads/Suburban_Wildfire_Conflagration_WhitePaper.pdf. Accessed March 20, 2026. 20 Gammanco, The Return of Conflagration, 22.
21 Gammanco, The Return of Conflagration, 14.

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burning objects within 100 feet, and their response to embers. Most destroyed homes in residential areas ignite from smaller flames and firebrands (lofted embers), not surrounding vegetation.22 Reducing home ignition potential is the key to preventing WUI fire disaster.

Reducing Home Ignition Potential Can Prevent Wildland-Urban Interface Fire Disaster and Suburban Conflagration
During extreme WUI fires, homes ignite and burn and sustain the requirements for combustion both indirectly and directly: Indirectly from radiation and convection heating from flames, and directly from ember spot ignitions on a house. Computational modeling and laboratory and field experiments show that large flames of burning shrubs and tree canopies must be within 100 feet to ignite a home’s wood exterior, while most destroyed homes ignite from smaller flames and directly from burning embers.23 These research results suggest that addressing the conditions in the home ignition zone to significantly reduce home ignition potential can prevent WUI fire disaster. Reducing home ignition potential means addressing the ignitability of the structure rather than the immediate surroundings.

Source: Patrick T. Fallon / Agence France-Presse / Getty Images An analysis of CAL FIRE data and Butte County property records shows that about 51% of the 350 single-family homes built after 2008 in the path of the Camp Fire were undamaged. By contrast, only 18% of the 12,100 homes built prior to 2008 escaped damage.24 The homes built after 2008 were required to conform to 2008 Title 24, Chapter 7A of the California Building Standards Code which focused on construction of new buildings located within WUI and Fire Hazard Severity Zones. These 2008 wildfire risk mitigation requirements for new homes included materials such as fire-resistant

22 Cohen, The Wildland-Urban Interface Fire Problem, 23. 23 Cohen, The Wildland-Urban Interface Fire Problem, 24. 24 Dale Kasler and Phillip Reese. In Camp Fire, Newer Houses Were Much Less Damaged. The Sacramento Bee. April 11, 2019, updated January 9, 2024. https://www.kqed.org/science/1940012/newer- %D8%8Cuses-much-less-damaged-in-camp-fire. Accessed March 4, 2026.

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roofs and siding, and construction methods for exterior wildfire protection. These wildfire risk mitigation requirements for new construction directly reduce home ignition potential and help homes constructed to the new standards survive undamaged.

Benefits of Reducing Home Ignition Potential Can Exceed Costs The benefits of reducing home ignition potential through compliance with new construction requirements can exceed costs, with 90% of the benefits estimated from reduced property losses and insurance costs. The benefit-cost ratio (BCR) for complying with the 2015 International Wildland-Urban Interface Code (IWUIC) has been calculated by the National Institute of Building Science for a number of representative counties with moderate to extreme fire risk. Total benefits were calculated at $3 billion and total costs at $800 million, suggesting a BCR of approximately 4:1 or $4 saved for every $1 of additional construction and maintenance cost.25 A national average BCR for retrofitting typical 2,000 square-foot existing homes plus nearby non-residential buildings (stores, schools, etc.) to 2018 IWUIC ignition-resistant construction and defensible space was also calculated. Benefits of retrofit exceed costs, with 93% of the benefits estimated from reduced property losses. Total benefits were calculated at $430 billion and total costs at $240 billion, equivalent to a national average BCR of 2:1 or $2 saved for every $1 of retrofit and maintenance costs.26 The per-house retrofit cost is highly uncertain. The lowest average per-house retrofit cost would imply a much higher benefit-cost ratio, perhaps as high as 8:1, equivalent to an average of $8 saved for every $1 of retrofit cost.27
Office of the State Fire Marshal Fire Hazard Severity
Zone Mapping
California laws now require Fire Hazard Severity Zone (FHSZ) mapping.28,29,30 The need for FHSZ mapping arose from repeated occurrence of major destructive fires. The FHSZ maps are developed using a science-based and field-tested model that assigns a hazard score based on the factors that influence fire likelihood and fire behavior. There are three levels of hazard score: Moderate, High, and Very High. Many factors are

25 National Institute of Building Science, Natural Hazard Mitigation Saves. 63 26 National Institute of Building Science, Natural Hazard Mitigation Saves, 114. 27 National Institute of Building Science, Natural Hazard Mitigation Saves, 115. 28 California Public Resources Code 4201-4204. https://law.justia.com/codes/california/code-prc/division- 4/part-2/chapter-1/article-9/
29 California Government Code 51175-89. https://law.justia.com/codes/california/code-gov/title-5/division- 1/part-1/chapter-6-8/section-51175/
30 California Code of Regulations Title 14, Section 1280. https://regulations.justia.com/states/california/title-14/division-1-5/chapter-7/subchapter-3/article-1/section- 1280/
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considered such as fire history, existing and potential fuel (natural vegetation), predicted flame length, blowing embers, terrain, and typical fire weather for the area. FHSZ maps evaluate hazard, not risk. “Hazard” is based on the physical conditions that create a likelihood and expected fire behavior over a 30- to 50-year period without considering mitigation measures such as home hardening, recent wildfire, or fuel reduction efforts. “Risk” is the potential damage that a fire can do to the area under existing conditions, accounting for any modifications such as fuel reduction projects, defensible space, and ignition resistant building construction.31
FHSZ mapping began with the State
Responsibility Area (SRA), defined as a
designated area in California where the
state has primary responsibility for fire
prevention and suppression. The SRA
FHSZ mapping went into effect in April
2024. Since then, the Office has also been
mapping Local Responsibility Areas (LRA),
defined as a portion of land where local
agencies, such as city or county fire
departments, are responsible for wildfire
protection. All Orange County FHSZ maps
are accessible at the CAL FIRE website.32
Figure 4 shows an example of an Orange
County city FHSZ map. Appendix C shows
a screenshot of Orange County FHSZs
using the CAL FIRE Find Your Fire Hazard
Severity Zone viewer accessible at this
CAL FIRE web address:33

31 CAL FIRE. Office of the State Fire Marshal. Fire Hazard Severity Zones. Explore Fire Hazard Severity Zones. . https://osfm.fire.ca.gov/what-we-do/community-wildfire-preparedness-and-mitigation/fire-hazard- severity-zones. Accessed March 20, 2026.
32 CAL FIRE. Office of the State Fire Marshal. Fire Hazard Severity Zones in Local Responsibility Area.

Phase 4. Orange County.
https://calfire.app.box.com/s/wahuw9ny7cgn89xpxh7092ur50r1pwvj/folder/312669458215. Accessed March 12, 2026.
33 CAL FIRE. Office of the State Fire Marshal. Fire Hazard Severity Zones. https://osfm.fire.ca.gov/what- we-do/community-wildfire-preparedness-and-mitigation/fire-hazard-severity-zones. Accessed March 12, 2026.

Figure 4 Example of an Orange County City LRA
Fire Hazard Severity Zone Map
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https://experience.arcgis.com/experience/5065c998b4b0462f9ec3c6c226c610a9.

Homeowners can enter their address in this viewer to find whether their property is located within a specific FHSZ.

How Fire Hazard Severity Zone Maps Impact Homeowners
FHSZ maps have no direct impact on insurance coverage. The CDI states that the FHSZ maps are intended to drive local planning decisions, not insurance decisions, and that FHSZ maps have nothing to do with insurance rating.34 Though not used directly for insurance rating, FHSZ mapping does have significant indirect impacts. Properties located in High or Very High FHSZs are subject to certain legal requirements. New state building code requirements effective January 2026 for homes within a FHSZ or a WUI area include fire-resistant materials and construction methods. Buildings in these areas are subject to defensible space requirements. If you sell a home located in these areas, you are required to disclose fire risk and compliance to potential buyers using a specific form.

These regulations are in place to increase fire-resistance of communities and ensure property owners are aware of the risks involved in living in a wildfire-prone area.

California Wildland-Urban Interface Code Effective January 1, 2026 Title 24, Part 7 of the California Building Standards Code, also referred to as the 2025 California Wildland-Urban Interface Code (CWUIC),35 became effective January 1, 2026.

Title 24, Part 7, Chapter 5, Special Building Construction Regulations establishes minimum standards to locate, design and construct buildings and structures or portions thereof for the protection of life and property, to resist damage from wildfires, and to mitigate building and structure fires from spreading to wildland fuels.36 Chapter 5 requirements for construction within a FHSZ or a WUI area include:
 Specifications for fire-resistance-rated construction and non-combustible materials
 Ignition-resistant construction and material
 Replacement or repair of roof coverings

34 California Department of Insurance. CAL FIRE Hazard Maps Do Not Affect Insurance Rates or Availability. https://www.insurance.ca.gov/0400-news/0102-alerts/2025/CAL-FIRE-hazard-maps-do-not- affect-insu.cfm. Accessed March 6, 2026.
35 2025 California Wildland-Urban Interface Code, Title 24, Part 7, 2024 IWUIC Amended, Effective Date:

Jan 01, 2026. https://codes.iccsafe.org/content/CAWUIC2025P2. Accessed January 22, 2026. 36 2025 California Wildland-Urban Interface Code, Title 24, Part 7, 2024 IWUIC Amended, Effective Date:

Jan 01, 2026. https://codes.iccsafe.org/content/CAWUIC2025P2. Accessed January 22, 2026.

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Defensible Space Requirements and the New Ember-Resistant Zone 0 The State Board of Forestry and Fire Protection is responsible for the existing defensible space regulations37 for buildings or structures located in the SRA or in Very High FHSZ in the LRA. If you have a home or building in the SRA or in the Very High FHSZ in the LRA, you are responsible for ensuring that your property complies with defensible space requirements to protect structures from wildfire. The Board of Forestry and Fire Protection webpages include an illustration of existing Defensible Space Zones 0, 1, and 2 (Figure 5), and links to Zones 0, 1, and 2 resources.38

Figure 5 Board of Forestry and Fire Protection Defensible Zones 0, 1, and 2 It is important to note that “ember-resistant Zone 0” does not mean all vegetation, including trees, within 0-5 feet must be removed. New ember-resistant Zone 0

37 California Public Resources Code Division 4 - Forests, Forestry and Range and Forage Lands Part 2 - Protection of Forest, Range and Forage Lands Chapter 3 - Mountainous, Forest-, Brush- and Grass- Covered Lands Section 4291. https://law.justia.com/codes/california/code-prc/division-4/part-2/chapter- 3/section-4291/. Accessed January 14, 2026.
38 State of California Board of Forestry and Fire Protection. https://bof.fire.ca.gov/projects-and- programs/defensible-space-zones-0-1-and-2. Accessed January 14, 2026.

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vegetation options will be finalized later in 2026. The next public workshop meeting is scheduled for April 23, 2026. New ember-resistant Zone 0 requirements enhance existing defensible space requirements in High and Very High FHSZs in the LRA to create an ember-resistant zone within 0 to 5 feet of a building. 39 Compliance with existing or enhanced defensible space requirements addresses home ignition potential and reduces home ignitability. Reducing the ignitability of enough homes can break the WUI fire chain of events and help more homes escape destruction or survive undamaged.

AB38 Defensible Space Compliance Documentation and Disclosure AB38 became effective in 2021, requiring sellers of property located in a High or Very High FHSZ to provide buyers with documentation stating the property complies with state defensible space requirements or local vegetation management ordinances, as applicable. The law provides that if documentation demonstrating compliance cannot be obtained by the close of escrow, a written agreement may be executed showing that the buyer agrees to obtain documentation of compliance within one year of the close of escrow. 40
The law also requires a Defensible Space Disclosure be provided by sellers of property located in a High or Very High FHSZ to buyers of homes constructed before January 1, 2010. The Disclosure must include specified information and a copy of a final inspection report, or information on where the report may be obtained. A sample Defensible Space Disclosure notice is reproduced at Appendix D.

California Homeowners Insurance Crisis
Devastating property losses and casualties resulting from numerous wildfires in California WUI areas and other natural disasters beginning in 2018 have precipitated a continuing homeowners insurance crisis. Beginning in 2022 and 2023, insurers began dramatically raising California homeowners fire insurance premiums in what were considered wildfire risk areas, and some insurers began to stop issuing policies in high- risk areas or withdraw from the California homeowners’ insurance market altogether.

Like many homeowners throughout the state that are severely impacted by the insurance crisis, many Orange County homeowners are also impacted.

39 Board of Forestry and Fire Protection. Summary of October 2025 Draft Zone 0 Regulation Language. https://34c031f8-c9fd-4018-8c5a-4159cdff6b0d-cdn-endpoint.azureedge.net/-/media/bof-website/projects- and-programs/defensible-space-zones-0-1-2/october-zone-0-summary-and-rule- plead.pdf?rev=927f9551dc7b4f15b8263671cca15ef2&hash=F80F2C5451370BB3C855E38CCCC516D4.

Accessed February 17, 2025.
40 Assembly Bill 38, Wood. Fire safety: low-cost retrofits: regional capacity review: wildfire mitigation.

Approved October 2, 2019. California-2019-AB38-Chaptered Wildfires Hit Home

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Actions have been taken by the state legislature and the CDI during the last three years to strengthen the property insurance market, increase insurer commitments to write more policies in wildfire-distressed areas, and provide a framework to support homeowners in securing premium reductions from insurers when they take specific actions to reduce their community- and property-level wildfire risk.41 Despite these actions, many homeowners remain vulnerable to dramatic policy premium increases, nonrenewal, or the inability to secure traditional insurance coverage.

A recent New York Times article42 cites a 2023 California Association of Realtors survey wherein “nearly 7 percent of realtors surveyed…said that they had deals fall out of escrow that year because buyers couldn’t find adequate, affordable coverage.” As further cited in the article: “The percentage of realtors reporting that they had deals fall through for lack of insurance has more than doubled since 2023, to 16.6 percent.” Unabated Growth of the California FAIR Plan
The continuing statewide insurance crisis is further demonstrated by the unabated growth in California FAIR Plan residential insurance policies. The FAIR Plan provides basic fire insurance coverage for
eligible high-risk properties when
such coverage is demonstrated by
the applicant to be unavailable in
the traditional insurance market.43
FAIR Plan coverage is limited,
relatively expensive, and is the
insurer of last resort for these
properties. During the period from
September 2023 to September
2025, the number of FAIR Plan
residential dwelling policies in
force (PIF) increased from
320,581 to 625,033 as shown at

41 California Department of Insurance. Sustainable Insurance Strategy. https://ains.assembly.ca.gov/system/files/2023-12/insurance-commissioner-ricardo-lara-california- sustainable-insurance-strategy-presentation-to-assembly-insurance-committee-12-13-2023.pdf. Accessed January 29, 2026.
42 New York Times.California Promised Insurance Relief, But Delivered Loopholes. November 1, 2025. https://www.nytimes.com/2025/11/01/us/los-angeles-california-fire-insurance-regulations.html. Accessed March 25, 2026.
43 The California FAIR Plan. https://www.cfpnet.com/. Accessed March 25, 2026.

Figure 6 Total FAIR Plan Dwelling and Commercial Policies Have Increased, September 2023 to September 2025 Wildfires Hit Home

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Figure 6.44 FAIR Plan data for Orange County residential policies in 2022 is shown in Appendix E.

The FAIR Plan is a syndicated fire insurance pool comprised of all insurers licensed to conduct property and casualty business in California. The FAIR Plan was established by statute45 in August 1968 as an insurance placement facility and all licensed property/casualty insurers that write basic property insurance are required to be members of the FAIR Plan. The FAIR Plan issues policies on behalf of its member companies, and each member company participates in the profits, losses, and expenses of the FAIR Plan in direct proportion to its market share of business written in the state. The FAIR Plan is not a state agency or public entity; it does not receive public or taxpayer funding. As the total number of FAIR Plan policies continues to grow unabated, so does the financial strain on the overall FAIR Plan fire insurance pool.

Insurance Relief for Homeowners: Safer from Wildfires
Insurance Regulation
The first of the wildfire safety regulatory incentives was the Safer from Wildfires regulation enacted in fall 2022.46 Safer from Wildfires requires insurers to offer premium discounts based, in part, on mandatory factors including community-level wildfire risk mitigation designations and property-level wildfire risk mitigation efforts. Every action taken under Safer from Wildfires qualifies applicants and policyholders for insurance discounts.

Safer from Wildfires: Community-Level Wildfire Risk Mitigation There are two examples of community-level wildfire risk mitigation designations listed in the Safer from Wildfire regulation: 1) Fire Risk Reduction Community Listing47 approved by the Board of Forestry and Fire Protection, and 2) Firewise USA Site Designation48 approved by the National Fire Protection Association. Other examples of community- level wildfire risk mitigation designations include local Fire Safe Council supported by the California Fire Safe Council, Community Wildfire Protection Plan supported by the

44 Key Statistics & Data. The California FAIR Plan. https://www.cfpnet.com/key-statistics-data/. Accessed March 25, 2026.
45 California Insurance Code sections 10090 et seq. https://law.justia.com/codes/california/code- ins/division-2/part-1/chapter-9/section-10090/. Accessed April 21, 2026. 46 California Code of Regulations, Title 10, Section 2644.9 47 Fire Risk Reduction Community listed by the Board of Forestry and Fire Protection pursuant to Public Resources Code Section 4290.1. https://bof.fire.ca.gov/projects-and-programs/fire-risk-reduction- community-list. Accessed February 10, 2026.
48 Firewise USA program managed by National Fire Protection Association (NFPA). https://www.nfpa.org/Education-and-Research/Wildfire/Firewise-USA. Accessed April 21, 2026.

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U.S. Fire Administration, and the Wildfire Prepared Neighborhood™ Pilot Program49 being launched by the Insurance Institute for Business & Home Safety (IBHS).

Safer from Wildfires: Property-Level Wildfire Risk Mitigation Safer from Wildfires also requires insurers to offer premium discounts based, in part, on the reduced wildfire risk resulting from each and every property-level wildfire risk mitigation action. These individual property-level wildfire risk mitigation efforts include measures addressing the immediate surroundings of a building and building hardening.

The IBHS offers homeowner guidance based on its research,50 and a property-level Wildfire Prepared Home™ designation51 that recognizes mitigation measures addressing both immediate surroundings and home hardening.

Safer from Wildfires: Property-Level Measures Addressing Immediate Surroundings - Defensible Space
The following measures are specified in Safer from Wildfires to address the immediate surroundings of a building. Each of these actions qualifies for insurance discount:
a. Clearing of vegetation and debris from under decks
b. Clearing of vegetation, debris, mulch, stored combustible materials, and any and all movable combustible objects from the area within five (5) feet of the building c. Use of only noncombustible materials in any improvements to the property, including fences and gates situated within five (5) feet of the building d. Removal or absence of combustible structures, including sheds and other outbuildings, from the area within thirty (30) feet of the building or as much of such area as is under the control of the applicant or policyholder e. Whether the property upon which the building is situated complies with state or local defensible space requirements, as applicable
Safer from Wildfires: Property-Level Building Hardening Measures The following building hardening measures are specified in Safer from Wildfires. Each of these actions qualifies for insurance discount:
a. Class-A fire rated roof
b. Enclosed eaves

49 Institute for Business & Home Safety. Wildfire Prepared Neighborhood Pilot Program. https://wildfireprepared.org/wildfire-prepared-neighborhood-pilot-program/. Accessed March 19, 2026. 50 IBHS Research. Wildland Fire Embers and Flames: Home Mitigations That Matter. April 2023. https://ibhs1.wpenginepowered.com/wp-content/uploads/Home-Mitigations-that-Matter-FINAL.pdf.

Accessed February 10, 2026.
51 Institute for Business & Home Safety. Wildfire Prepared Home: Take Proven Steps to Reduce Your Risk. https://wildfireprepared.org/. Accessed March 19, 2026.

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c. Fire-resistant vents
d. Multipane windows, including dual pane windows, or functional shutters, which when closed, cover the entire window and do not have openings e. At least six (6) inches of noncombustible vertical clearance at the bottom of the exterior surface of the building, measured from the ground up Safer from Wildfires: Optional Factors
The Safer from Wildfires regulation also incorporates other optional factors that are substantially related to risk of wildfire loss. These optional factors may include, but are not limited to: fuel, slope, access, aspect, structural characteristics, wind, and other community-level or property-level mitigation efforts, or designations as recommended by a state or local fire safety agency or organization as reducing wildfire risk.

Reducing Wildfire and Insurance Risk: AB888 The
California Safe Homes Grant Program
AB888 established the California Safe Homes Grant Program in October 2025 to be developed and administered by the Department of Insurance for the purpose of achieving the following goals:
(1) Reducing local and statewide wildfire losses
(2) Improving insurability and resilience of vulnerable communities (3) Home hardening of insurable properties to mitigate wildfire risk and enable consumers to get access to insurance premium incentives offered by insurance companies and in alignment with the department’s rules.

Eligible California Safe Home Grant Program applicants include qualifying individuals and qualifying cities, counties, and special districts. For individuals, grant funds may be awarded if the following criteria are met:
(1) The property of the applicant is covered by an admitted insurer or the California FAIR Plan
(2) The property of the applicant is in a ZIP Code that overlaps with a High or Very High FHSZ.
(3) The income of the applicant is no higher than the low-income limit for the county in which they reside
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As of January 1, 2026, the Department of Insurance was developing the grant application portal and planned to begin accepting California Safe Homes Grant applications in spring 2026.52
Our Shared Responsibilities
Orange County Fire Authority (OCFA)
OCFA serves all unincorporated areas of Orange County and its 23 Orange County member cities. The OCFA Board of Directors is made up of elected officials from the County and its member cities. The 11 Orange County cities that are not served by OCFA have their own city fire departments, i.e., their own fire service agencies having jurisdiction. The list of OCFA member cities and other Orange County fire service agencies is included at Appendix F.

OCFA education and outreach programs are comprehensive. Online materials and event scheduling is accessible at their website. and a staff of seven community education specialists and a community education supervisor are available to coordinate and attend events. The Wildfire Preparedness53 webpages cover multiple topic areas including:
 Ready, Set, Go!
 Home Assessment
 Defensible Space Disclosure
Inspection
 Pest Control (tree pests
management)
 Immediate Zone
 FHSZ Maps
 Insurance
 Contractors (specializing in
wildfire preparedness)

OCFA takes a systematic approach to mitigating risk through its Community Risk Reduction Department (formerly Fire Prevention). OCFA Community Risk Reduction (CRR) staff identifies community risks, collaborates with developers, agencies, and residents to build and maintain safe communities.54 In addition to the extensive Wildland Preparedness webpages, the CRR department webpages include a section on Wildland & Vegetation with specific information for homeowners in wildland interface areas. The CRR department supports homeowners’ risk reduction efforts by providing an online

52 CalMatters. California homeowners could qualify for grants for new roofs and fire safety. January 1, 2026. https://calmatters.org/economy/2026/01/california-safe-homes-grants/. Accessed February 17, 2026.
53 Orange County Fire Authority. Wildfire Preparedness. https://ocfa.org/ready-set-go/. Accessed February 24, 2026.
54 Orange County Fire Authority. About Us. Departments. https://ocfa.org/about- us/departments/community-risk-reduction/. Accessed February 24, 2026.

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home assessment tool55 that covers the basics of both home hardening and defensible space principles. The online assessment tool guides the homeowner through a series of questions and ends with the opportunity to receive an emailed report providing recommendations for fire mitigation strategies. Before beginning the online questionnaire, homeowners are given the option to request an in-person home assessment with an OCFA Fire Prevention Specialist.

Fire Hazard Severity Zone Survey Results - Local Governments and Fire Service Agencies
This investigation included a survey of Orange County cities to gather information about their efforts to reduce risk of wildfire in WUI areas and their outreach programs for homeowners. The Grand Jury invited 34 Orange County cities to respond to the survey and received 28 responses. Of these 28 responses, 20 were from various city departments, and eight were from city fire departments.

The Orange County cities that responded to the survey reported having from zero to 100% of their city land area within Moderate, High, or Very-High FHSZs. Reported land areas may not match each individual city’s FHSZ map. A summary of the survey results for city area reported in FHSZs are shown at Figure 7:

55 Orange County Fire Authority. Home Assessment Tool. https://ocfa.org/ready-set-go/home- assessment/. Accessed February 24, 2026.

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City Area Reported in
Fire Hazard Severity Zones
% of
Responding
Cities
# of
Responding
Cities
No area in FHSZ 21% 6
Some area in FHSZ (not quantified) 14% 4
2% to 25% in FHSZ 25% 7
26% to 50% in FHSZ 18% 5
51% to 75% in FHSZ 11% 3
76% to 100% in FHSZ 11% 3
Figure 7 City Area Reported in Fire Hazard Severity Zones 11 of 28 responding cities reported having achieved or have applications pending approval for community-level wildfire risk mitigation designations. Achievement of community-level wildfire risk mitigation designations is a significant way local governments, local fire departments, unincorporated areas, and special districts can reduce wildfire and insurance risk for their residents. A summary of the survey results for cities that have achieved or applied for community-level wildfire risk mitigation designation are shown at Figure 8.
21%14%25%18%11%11%City Area Reported in Fire Hazard Severity ZonesNo area in FHSZSome area in FHSZ (not quantified)2% to 25% in FHSZ26% to 50% in FHSZ51% to 75% in FHSZ76% to 100% in FHSZ

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Achieved, Applied for, or Plan to Apply
for a Community-Level Wildfire Risk
Mitigation Designations
% of
Responding
Cities
# of
Responding
Cities
Yes 39% 11
No 61% 17
In progress 0% 0
Figure 8 Cities Reporting Achieved, Applied for, or Plan to Apply for a Community-Level Wildfire Risk Mitigation Designation
16 of 28 responding cities reported having an outreach program that provides information and guidance to property owners on wildfire risk mitigation measures and grant programs. A summary of the survey results on cities reporting whether they have these outreach programs in place are shown at Figure 9. These outreach programs are needed to help homeowners achieve awareness and ability to plan and take actions required to reduce individual and community wildfire and insurance risk. 39%61%0%Cities That Have Achieved, Applied for, or Plan to Apply for a Community-level Wildfire Risk Mitigation DesignationYesNoIn progress

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Outreach Program to Provide Information
and Guidance to Property Owners on
Wildfire Risk Mitigation Measures and
Grants
% of
Responding
Cities
# of
Responding
Cities
Yes 57% 16
No 29% 8
In progress 14% 4
Figure 9 Cities Reporting Outreach Program to Provide Information and Guidance to Property Owners on Wildfire Risk Mitigation Measures and/or Grants
11 of the 16 cities reported having their own outreach programs, are Orange County Fire Authority (OCFA) member cities, and referred to one or more of OCFA’s comprehensive programs and resources (see Figure 10). While OCFA member cities’ use of OCFA outreach programs and resources is efficient and beneficial to their residents, the availability of a direct local contact at the city who is knowledgeable and can provide even a minimum of information and guidance on wildfire mitigation resources would help remove barriers to homeowners’ actions to reduce wildfire risk. 57%29%14%Cities That Have an Outreach Program to Provide Information and Guidance to Property Owners on Wildfire Risk Mitigation Measures and/or Grants YesNoIn progress

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Outreach Program Refers to Orange
County Fire Authority Programs and
Resources
% of
Responding
Cities
# of
Responding
Cities
Yes 55% 11
No 45% 9
Figure 10 Cities Reporting Their Outreach Program Refers to Orange County Fire Authority Outreach Programs and Resources
Orange County Homeowners Associations Play an Important Role According to the California Community Managers Association, there are 4,927 homeowners associations (HOA) in Orange County, and 82% of Orange County residents live in HOAs.56 These HOAs communicate directly with their residents, and thus have the ability to mobilize people and resources to effectively achieve and maintain community-level wildfire risk mitigation designations and reduce their residents’ homeowner insurance premiums.

HOAs are the local contact for their residents, and through their architectural and landscape standards can effectively communicate information on home hardening and defensible space requirements. HOAs often host community leaders and local fire service agencies for fire prevention workshops and other outreach events for HOA residents. Their local contact function can also provide information and organize opportunities to volunteer and support local fire prevention overall through activities such as Citizens Brigade57 and Bike Brigade.58 These HOA-hosted workshops, outreach

56 California Association of Community Managers. Estimated number of residents living in HOAs based on average of 2010-2014 Census reports of 3.04 persons per household. www.cacm.org. 57 Weathered: After the LA Firestorm. PBS, KCET, 2026.
58Ellis, Rebecca. Los Angeles Times. January 10, 2026. Topanga Canyon felt abandoned. So residents are banding together to fight fire. https://www.latimes.com/california/story/2025-01-10/topanga-canyon- felt-abandoned-so-residents-are-banding-together-to-fight-fire. Accessed March 6, 2026. 55%45%Cities With an Outreach Program That Refers To OCFA Programs and ResourcesYesNo

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events, and local contact functions are effective means to help homeowners achieve awareness and ability to plan and take actions necessary to reduce wildfire and insurance risk.

HOAs often have significant responsibility for large open space areas of Orange County that can total hundreds of acres of fuel modification zones. The HOAs’ collaborative role with local fire service agencies in managing these fuel modification zones is as important as their role with HOA residents in the shared responsibilities for wildfire and insurance risk reduction.

Homeowners are Responsible for Reducing Home Ignition Potential Fire science research has demonstrated that ignition-resistant homes can survive wildfire without firefighter protection.59 Where there are enough ignition-resistant homes, the WUI fire chain of events can be broken to prevent fire disasters, and these homes can escape destruction or survive undamaged. Taking the actions necessary to make homes ignition resistant to windborne embers is the responsibility of homeowners. The role of the homeowner is critical in the shared responsibilities for reducing wildfire and insurance risk in WUI areas.

Homeowners need support from local governments and fire service agencies to achieve the awareness and ability to plan and take actions necessary to make homes ignition resistant. This support is most effectively delivered through local outreach programs; effective communications in outreach programs have been found to be the more local, personalized efforts such as one-on-one consultation with fire experts, townhall events, small workshops, tours, and demonstrations.60 For example, provision of in-person or online home assessments that result in written recommendations to homeowners for specific wildfire risk mitigation actions. Documentation of the recommended actions taken can then be presented to homeowners’ insurers for the insurance discounts required by Safer from Wildfires.

Safer from Wildfires home hardening and defensible space measures protect homes and communities, save homeowners, local governments, and fire authorities as well as insurance companies from catastrophic loss while also providing discounts for homeowners’ insurance premiums.

Reducing wildfire risk in the wildland-urban interface helps ensure that insurance coverage remains accessible. California’s wildfire and insurance crisis demands coordinated action from local governments and fire authorities, communities, and homeowners to reduce risk of wildfire.

59 Cohen, The Wildland-Urban Interface Fire Problem, 23. 60 Gammanco, The Return of Conflagration, 34.

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FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2025-2026 Orange County 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 “Wildfires Hit Home” the 2025-2026 Orange County Grand Jury has arrived at the following six findings:

F1 More frequent and severe wildfires driven by increasingly hotter, drier, and windier conditions in the Orange County wildland-urban interface are escalating impacts on financial and non-financial resources. Among the financial costs are dramatic increases in homeowners’ insurance premiums, nonrenewals, and inabilities to obtain insurance.

F2 Actions that address conditions in the home ignition zone to significantly reduce ignition potential can prevent a community wildland-urban interface fire disaster or suburban conflagration.

F3 Expanded engagement with the community to raise awareness and provide support regarding home hardening and defensible space will increase effectiveness of wildfire risk mitigation and insurance risk reduction efforts.

F4 Achievement of community-level and property-level wildfire risk mitigation designations (such as Firewise USA Site, Fire Risk Reduction Community or Insurance Institute for Business and Home Safety certification) lessens wildfire risk and helps reduce insurance premium costs.

F5 All county residents should be made aware that Safer from Wildfire regulation requires insurers to provide discounts to homeowners and communities that implement home hardening and defensible space measures regardless of whether a property is located within a Fire Hazard Severity Zone.

F6 AB888, California Safe Homes Grant Program, provides financial assistance to eligible homeowners, cities, counties, and special districts for home hardening and defensible space measures. Applying for and using these grant funds will reduce wildfire losses and improve insurability and resilience of vulnerable communities.

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RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933.05, the 2025-2026 Orange County Grand Jury requires (or, as noted, 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, the 2025-2026 Orange County Grand Jury makes the following recommendations:

R1 By December 31, 2026, the Orange County Board of Supervisors should plan to host a county-wide annual wildfire prevention fair for the County and all cities and fire service agencies, including Orange County Fire Authority, to showcase respective wildfire outreach programs, and for the first annual wildfire prevention fair to be scheduled no later than December 31, 2027. [F1, F2, F3, F4, F5, F6]
R2 By December 31, 2026, cities and fire service agencies, including Orange County Fire Authority should commit to participation in a county-wide annual wildfire prevention fair planned by the Orange County Board of Supervisors to showcase wildfire prevention outreach programs. [F1, F2, F3, F4, F5, F6]
R3 By December 31, 2026, cities, unincorporated areas, special districts, and fire service agencies in High and Very-High Fire Hazard Severity Zones should initiate planning activities to achieve community-level wildfire risk mitigation designations and/or establish a local Fire Safe Council within one year. [F4, F5, F6]
R4 By December 31, 2026, to ensure city residents are engaged and aware of wildfire risk reduction resources, OCFA member and non-member cities should provide information, develop their own outreach program, and establish a direct contact person(s) for their residents. This is in addition to whatever referrals or references made to OCFA outreach programs. [F1, F2, F3, F4, F5, F6]

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COMMENDATIONS
Yorba Linda Water District
The 2025-26 Orange County Grand Jury extends its special thanks to the Yorba Linda Water District (YLWD) for providing two tours of its facilities, including their non-portable Heli-Hydrants™. The YLWD with foresight and planning installed three Heli-Hydrant™ facilities. One of the tanks was the first
to be installed in Southern California.

These innovative tanks enable fire
department helicopters to access water
more quickly and efficiently, improving
helicopter firefighting capabilities in
areas where wildland vegetation and
human development intersect, such as
in the Yorba Linda service area.

Newport Beach Fire Department
The 2025-2026 Orange County Grand Jury acknowledges and recognizes the Newport Beach Fire Department for their outstanding and continuing efforts to lead the Southern California region in dedication and adherence to the highest level of fire protection and safety. They are a role model for other cities in Orange County and elsewhere. In 2024, the Insurance Services Office honored Newport Beach Fire Department as a Top Tier Class 1 fire agency through its Public Protection Classification Program Newport Beach Fire Department shares the Top Tier Class 1 designation with only about 1% of the top fire departments nationwide.

The Grand Jury particularly commends Newport Beach Fire Prevention leadership, who generously dedicated time and expertise to share insights from their extensive knowledge of fire science.

Source: 2025-2026 Grand Jury

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REQUIRED RESPONSES
California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official (e.g., District Attorney, Sheriff, etc.), such elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors.

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:
§933
(c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency 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 county officer or agency head for which the grand jury has 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 the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith 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 on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years.
§933.05.
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:

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(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, therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer 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 will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.
(c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors 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 the findings or recommendations affecting his or her agency or department.

The Orange County Grand Jury requires the following responses:

Orange County Board of Supervisors 90 Day Response Required Findings: F1, F2, F3, F4, F5, F6
Recommendations: R1, R2, R3

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Orange County Fire Authority Board of Directors 90 Day Response Required Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3

City of Aliso Viejo 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Anaheim 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Brea 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Buena Park 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Costa Mesa 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

City of Cypress 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

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City of Dana Point 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

City of Fountain Valley 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

City of Fullerton 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

City of Garden Grove 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

City of Huntington Beach 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

City of Irvine 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of La Habra 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

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City of La Palma 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

City of Laguna Beach 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Laguna Hills 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Laguna Niguel 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Laguna Woods 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Lake Forest 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Los Alamitos 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

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City of Mission Viejo 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Newport Beach 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Orange 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Placentia 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

City of Rancho Santa Margarita 90 Day Response Required Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of San Clemente 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of San Juan Capistrano 90 Day Response Required Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

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City of Santa Ana 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Seal Beach 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

City of Stanton 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

City of Tustin 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Villa Park 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

City of Westminster 90 Day Response Requested
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R4

City of Yorba Linda 90 Day Response Required
Findings: F1, F2, F3, F4, F5, F6
Recommendations: R2, R3, R4

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Acronyms
AB Assembly Bill
B Brush
BCR Benefit Cost Ratio
CAL FIRE California Department of Forestry and Fire Protection CAL OES California Governor’s Office of Emergency Services CC Contract Counties
CDI California Department of Insurance
CRR Community Risk Reduction
CWUIC California Wildland-Urban Interface Code
FAIR Fair Access to Insurance Requirement
FEMA Federal Emergency Management Agency
FHDS Fire Hardening and Defensible Space
FHSZ Fire Hazard Severity Zone
G Grass
HOA Homeowners Association
IBHS Insurance Institute for Business & Home Safety®
IWUIC International Wildland -Urban Interface Code
LRA Local Responsibility Area
NFPA National Fire Protection Association
OCFA Orange County Fire Authority
P&C Property and Casualty
PIF Policies in Force
SB Senate Bill
SRA State Responsibility Area
USDA United States Department of Agriculture
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USFS United States Forest Service
WRAP Wildfire Risk Reduction and Asset Protection
WUI Wildland-Urban Interface
YLWD Yorba Linda Water District

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Glossary
Aspect Compass direction that a slope or terrain surface faces, influencing sunlight exposure, temperature, and vegetation.

Catastrophic loss A sudden, severe, and often, widespread event resulting in extreme financial, loss of life, or permanent injury.

Class-A roof Highest fire resistance classification for a roof assembly, signifying its effectiveness against severe fire exposure.

Conflagration A particularly large and destructive fire; in the built environment, this may describe a fire that spreads via structure to structure.

Defensible space Buffer zone created and managed between buildings and surrounding wildland area to protect buildings from embers, flames, or heat, slow or stop wildfire spread, and help ensure safety of firefighters.

Ember Small piece of burning or glowing fragment from a fire.

Ember-resistant Refers to features that reduce the risk of ignition from embers.

Ember spot ignition Refers to one of the principal ways homes can ignite during extreme WUI fires, by embers directly on a house.

Firebrands Refers to airborne embers; pieces of burning wood.

Firewise USA Program administered by NFPA® and co-sponsored by the USDA Forest Service and the National Association of State Foresters.

Fuel modification zone Designated area where vegetation is managed to reduce wildfire risk for protection of homes and communities.

Fuel reduction Management of vegetation to reduce risk of wildfires.

Heli-Hydrant™ Patented rapid-fill water tank system for helicopter firefighting operations.

Home hardening Utilizing building materials, construction methods and maintenance practices to increase resistance to ignition from fire exposure.

Home ignition potential Susceptibility of a home and its immediate surroundings within 100 feet (thirty meters) to ignite during a wildfire.

Home ignition zone A home and its immediate surroundings within 100 feet (thirty meters).

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Ignition Process leading to the onset of a sustained combustion reaction; “start of a fire.”
Ignition-resistant Refers to materials and construction methods designed to resist ignition or sustained flaming combustion; difficult to catch fire when exposed to direct flame or heat.

Wildland fuels Burnable plant materials that can act as fuel during wildfires, including grasses, shrubs, trees, dead leaves, and fallen pine needles.

Zone 0 Ember-resistant defensible space within the first five feet around a structure, required for properties in State Responsibility Area or Very High Fire Hazard Severity Zone in the Local Responsibility Area.

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November 25, 2025. https://www.nytimes.com/interactive/2025/11/19/climate/home- insurance-premiums-costs-usa.html?smid=nytcore-android-share San Diego County Grand Jury. “Fire Country: Forging a United Defense in the Backcountry,” SanDiegoCounty.gov. May 15, 2025.
https://www.sandiegocounty.gov/content/dam/sdc/grandjury/reports/2024-2025/fire- country/Fire-%20Final%20Filed%20Version.pdf
Senate Bill 504. Accessed January 14, 2026.
https://legiscan.com/CA/text/SB504/id/3018449.

State of California Board of Forestry and Fire Protection. Accessed January 14, 2026. https://bof.fire.ca.gov/projects-and-programs/defensible-space-zones-0-1-and-2.

The California FAIR Plan. Key Statistics & Data. Accessed March 8, 2026. https://www.cfpnet.com/key-statistics-data/
Thompson, Andrea. How the Ferocious Santa Ana Winds are Fueling the Palisades Fire. Scientific American. Accessed January 7, 2026. http://www.scientificamerican.com United Policyholders – WRAP Resource Center and Safer from Wildfires Initiative U.S. Fire Administration. What is the WUI? Accessed November 25, 2025. https://www.usfa.fema.gov/wui/what-is-the-wui/
Weathered: After the LA Firestorm. Directed by Trip Jennings. Presented by Maiya May.

PBS, 2026. 56 min.

Wildland-Urban Interface. Forest Service, U.S. Department of Agriculture. Accessed January 12, 2026. https://research.fs.usda.gov/nrs/fire/wui.

Yufang, Jin, et al. Identification of two distinct fire regimes in Southern California:
implications for economic impact and future change. Environmental Research Letters, Volume 1, Number 9. IOP Science, September 8, 2015. Accessed January 9, 2026. https://iopscience.iop.org/article/10.1088/1748-9326/10/9/094005. “ZIP Codes in Orange County, California.” Felt.com. Accessed November 11,2025. https://felt.com/map/ZIP-Codes-in-Orange-County-California- GX3e19BKrS5uwCICY3r5gFD?loc=33.6408,-117.7804,9z.

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Appendix A
CAL FIRE Wildfire Data

Source: CalFire Redbook Data
Figure 11 Top 20 Deadliest California Wildfires

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Orange County Grand Jury 2025-2026 Page 51 of 74

Source: CalFire Redbook Data
Figure 12 Top 20 Most Destructive California Wildfires

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Figure 13 Large Fires 300 Acres and Greater - State and Contract Counties Direct Protection Area

Figure 14 Orange County Wildﬁres by Size

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Orange County Grand Jury 2025-2026 Page 53 of 74
Appendix B
Safer from Wildfires Flyer

Figure 15 Safer from Wildfires Flyer, Page 1

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Figure 16 Safer from Wildfires Flyer, Page 2

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Orange County Grand Jury 2025-2026 Page 55 of 74
Appendix C
Fire Hazard Severity Zone Map of Orange County

Figure 17 Fire Hazard Severity Zone Map of Orange County

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Appendix D

Figure 18 Fire Hardening and Defensible Space Disclosure, Page 1

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Figure 19 Fire Hardening and Defensible Space Disclosure, Page 2

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Appendix E
California Department of Insurance Data

Figure 20 California Property and Casualty Insurance Company Homeowners Premium and Loss

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Orange County Grand Jury 2025-2026 Page 59 of 74

Note: P. O. Boxes are excluded from this list. Data is for calendar year 2022 and includes homeowners (excluding condominium), mobile home, dwelling fire owner- and tenant-occupied insuring structures with four or less units.

Source: California Department of Insurance
Figure 21 FAIR Plan Data for Orange County Zip Codes 90620 - 92679

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Source: California Department of Insurance
Figure 22 FAIR Plan Data for Orange County Zip Codes 92680 – 92899

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Appendix F
OCFA and Covered Cities

Figure 23 Orange County Fire Authority Covered Cities

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Figure 24 Orange County Fire Jurisdictions

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Appendix G
Ready, Set, Go!, Zone 0 At-A-Glance and Links

Figure 25 Ready, Set Go! Flyer for Immediate Zone

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Figure 26 Ready, Set, Go! Flyer on Defensible Space

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Figure 27 Ready, Set, Go! Flyer for Home Hardening, Page 1

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Figure 28 Ready, Set, Go! Flyer for Home Hardening, Page 2

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Figure 29 Ready, Set, Go! Flyer on Vegetation Management

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Figure 30 Ready, Set, Go! On Be Ember Aware

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Figure 31 Ready, Set, Go! Flyer on Home Assessment

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Figure 32 Ready, Set, Go! Flyer on Wildfire Home Risk Assessment, Page 1

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Figure 33 Ready, Set, Go! Flyer on Wildfire Home Risk Assessment, Page 2

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Figure 34 Zone 0 At-A-Glance, Page 1

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Figure 35 Zone 0 At-A-Glance, Page 2

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Links
Immediate Zone
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2025/12/Immediate- Zone-2025.pdf
Defensible Space
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2025/03/OCFA-RSG- Defensible-Space-1-1.pdf
Home Hardening
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2025/12/Home- Hardening-2025.pdf
Vegetation Management
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2026/01/OCFA-RSG- Vegetation-Management.pdf
Be Amber Aware
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2025/07/OCFA-RSG- Be-Ember-Aware-688b04d7e4fb9.pdf
Home Assessment
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2025/12/Home- Assessment-2025.pdf
Wildfire Home Risk Assessment
https://storageocfaprod001.blob.core.windows.net/blobocfaprod01/2025/07/OCFA-RSG- Home-Assessment-Form-688b05b09d57e.pdf
Zone 0 At-A-Glance
https://34c031f8-c9fd-4018-8c5a-4159cdff6b0d-cdn-endpoint.azureedge.net/- /media/calfire-website/prepare/zone-0-at-a-glance.pdf

6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com

August 11, 2026

Honorable Sheila F. Hanson
Presiding Judge of the Superior Court of California
Orange County Grand Jury
700 Civic Center Drive West
Santa Ana, CA 92701

RE: City of Buena Park Response to Grand Jury Report – “Wildfires Hit Home”

To Whom it May Concern:

The City of Buena Park City Council Members have reviewed the Orange County Grand Jury’s report entitled “Wildfires Hit Home.” Below are the City of Buena Park’s responses to the aforementioned report:

FINDINGS:

F1 More frequent and severe wildfires driven by increasingly hotter, drier, and windier conditions in the Orange County wildland -urban interface are escalating impacts on financial and non- financial resources. Among the financial costs are dramatic increases in homeowners’ insurance premiums, nonrenewals, and inabilities to obtain insurance.

Response: The City of Buena Park partially agrees with this finding. Wildfires are becoming a more common occurrence and continue to impact Orange County as a whole. However, the City does not have the required expertise, analysis, or firsthand experience to comment on the effect of wildfires on homeowners' insurance costs or non-renewals.

F2 Actions that address conditions in the home ignition zone to significantly reduce ignition potential can prevent a community wildland-urban interface fire disaster or suburban conflagration.

Response: The City of Buena Park agrees with this finding. Fire behavior research shows that ensuring the residents create and maintain defensible space within their home ignition zone is one of the most effective strategies in preventing wildfire disasters.

OFFICE OF THE CITY MANAGER

Honorable Sheila F. Hanson
“Wildfires Hit Home”

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6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com

Response: The City of Buena Park agrees with this finding. Ensuring that residents, particularly those in or near high-risk areas, are informed about home hardening and defensible space is advantageous for wildfire mitigation. The City will continue to partner with the Orange County Fire Authority (OCFA) to promote robust public education programs, provide home assessment tools, and distribute other relevant materials and outreach resources.

Response: The City of Buena Park partially agrees with this finding. The City agrees that community-level and property-level mitigation programs reduce wildfire risk.

However, the City does not have sufficient expertise to evaluate the impact of these types of programs on homeowners’ insurance premiums.

F5 All county residents should be made aware that Safer from Wildfire regulation requires insurers to provide discounts to homeowners and communities that implement home hardening and defensible space measures, regardless of whether a property is located within a Fire Hazard Severity Zone.

Response: The City of Buena Park agrees with this finding. Increased efforts must be made to make residents aware that efforts such as home hardening and defensible space measures can result in discounts to homeowners, regardless of their location to a designated FHSZ. However, it should be noted that the City does not have the subject matter expertise to know the full impact of these efforts on insurance premiums.

F6 AB 888, California Safe Homes Grant Program, provides financial assistance to eligible homeowners, cities, counties, and special districts for home hardening and defensible space measures. Applying for and using these grant funds will reduce wildfire losses and improve insurability and resilience of vulnerable communities.

Response: The City of Buena Park partially agrees with this finding. The City of Buena Park agrees that the use of these grant funds can promote community-level mitigation and reduce fire risk. However, the City lacks the expertise to evaluate the overall impact on insurability.

It should also be noted that the California Safe Homes Grant Program requires residents to live within a High or Very-High Fire Hazard Severity Zone (FHSZ) and qualify as low-income. Buena Park only has one very small portion of a neighborhood in the north part of the City that is within a Fire Hazard Severity Zone (FHSZ). These 173 affected parcels reside within an affluent neighborhood near the City’s private golf course. Therefore, the City believes there would be few to no residents that would qualify for the program.

Honorable Sheila F. Hanson
“Wildfires Hit Home”

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6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com

RECOMMENDATIONS:

R2 By December 31, 2026, cities and fire service agencies, including the Orange County Fire Authority, should commit to participation in a county-wide annual wildfire prevention fair planned by the Orange County Board of Supervisors to showcase wildfire prevention outreach programs. [F1, F2, F3, F4, F5, F6]

Response: This recommendation will be implemented by December 31, 2026. The City of Buena Park welcomes the opportunity to participate in an annual county-wide fire prevention fair planned by the Orange County Board of Supervisors that highlights wildfire prevention outreach programs. However, the ultimate timing of this endeavor will rely on the planning and timing established by the County of Orange, not the City of Buena Park.

R3 By December 31, 2026, cities, unincorporated areas, special districts, and fire service agencies in High and Very-High Fire Hazard Severity Zones should initiate planning activities to achieve community-level wildfire risk mitigation designations and/or establish a local Fire Safe Council within one year. [F4, F5, F6]

Response: This recommendation has not been implemented, but will be implemented by December 31, 2026. Prior to July 2025, the City of Buena Park did not have any areas of the City that were included in a High or Very-High Fire Hazard Severity Zone (FHSZ). As of today, there are approximately 173 parcels within a FHSZ. Due to this relatively new designation, the City plans to initiate wildfire planning activities that could include community meetings, public outreach, or community-level wildfire risk mitigation designations such as those listed above.

R4 By December 31, 2026, to ensure city residents are engaged and aware of wildfire risk reduction resources, OCFA member and non-member cities should provide information, develop their own outreach program, and establish a direct contact person(s) for their residents. This is in addition to whatever referrals or references made to OCFA outreach programs. [F1, F2, F3, F4, F5, F6]

Response: This recommendation has not yet been implemented, but will be implemented by December 31, 2026. While the City of Buena Park has created a dedicated webpage that includes information related to the new FHSZ maps and their location, the City of Buena Park plans to enhance the website to include additional wildfire prevention information and specific contact information for a designated City staff member. Additionally, the City plans to work with OCFA to develop a marketing outreach campaign to engage Buena Park residents living within the FHSZ, and those around them, about the dangers of wildfires, home hardening techniques, and information about evacuation procedures in the event of wildfire.

Honorable Sheila F. Hanson
“Wildfires Hit Home”

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6650 Beach Boulevard | P.O. Box 5009 | Buena Park, CA | 90622 -5009 | [714] 562- 3611 BuenaPark.com

Thank you for providing the City of Buena Park the opportunity to respond to this report.

Sincerely,

Aaron France
City Manager

cc: Buena Park City Council
Christopher G. Cardinale, City Attorney
August 11, 2026

NEW BUSINESS
Item No. 5A.

City Council Agenda Report
RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND AWARDING A CONTRACT TO TUNNELWORKSSERVICES, INC. FOR THE 2025-2026 & 2026-2027 SEWER MAIN LINING AT VARIOUS LOCATIONSPROJECT

PREPARED BY PRESENTED BY
Hysun Lee, Associate Engineer Hysun Lee, Associate Engineer

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Mina Mikhael, Director of Public Works/City Engineer Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt a resolution approving the plans and specifications for the 2025-2026 & 2026-2027 Sewer Main Lining at Various Locations Project; 2) Award a contract to Tunnelworks Services, Inc. in the amount of $1,063,920; 3) Authorize contingency funds in the amount of $120,000 in the same purchase order; 4) Authorize a purchase order for the Solis Group in the amount of $9,450 for the administration of Community Workforce Agreement (CWA); 5) Authorize contingency funds in the amount of $1,500 for CWA administration; 6) Authorize a budget transfer in the amount of $150,000 from the Miscellaneous Sewer Systems Improvements budget (Account No.53-490010-9806) for this purpose; 7) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the contract; and 8) Authorize the City Manager and City Clerk to execute the contract.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
Annual improvements to the sewer main lining is a proactive measure aimed at preserving the infrastructure’s integrity and prolonging the lifespan of the City's sewer system. This regular maintenance strategy helps prevent issues such as leaks and cracks, thereby avoiding more significant and costly problems in the future. By minimizing infiltration and inflow, the City can reduce the entry of groundwater and surface water into the system, which leads to improved operational efficiency and decreased long-term costs. This approach also ensures compliance with regulations and enables the adoption of advanced sewer lining technologies, optimizing the reliability and functionality of the sewer network over time.

This project includes cleaning of the sewer mains, calcium removal, performing pressure grouting, installing glass- reinforced UV-liner to prevent infiltration and exfiltration, installing top hats at several house laterals, and conducting a final video inspection of the work. This project is a multi-trade construction valued at more than $500,000, and thus subject to the Community Workforce Agreement (CWA).

The project was advertised for competitive bids on July 14, 2026. One (1) bid was received and publicly opened on July 30, 2026. The engineer’s estimate for this project was approximately $976,000. Tunnelworks Services, Inc. (Tunnelworks), of Whittier, California, submitted the sole bid in the amount of $1,063,920. Tunnelworks possesses the required contractor’s license and has successfully completed similar projects for the City, including the 2023- 2024 & 2024-2025 Sewer Main Lining at Various Locations Project.

Staff recommends awarding a contract to Tunnelworks in the amount of $1,063,920, approving contingency funds in the amount of $120,000, CWA administration in the amount of $9,450, and CWA contingency in the amount of $1,500, for a total project amount of $1,194,870.

Construction is anticipated to begin in September 2026 and be completed by April 2027.

The City Attorney has reviewed and approved the proposed contract.

BUDGET IMPACT
Total Project costs are shown below with the following breakdown:

Construction Contract: $1,063,920 Construction Contingency: $120,000 CWA Administration Services: $9,450 CWA Contingency: $1,500 Total Project Cost: $1,194,870 This project is included in the Capital Improvement Program budget, and will be funded by the Wastewater Enterprise Fund (Account No. 53-9806-490015). The original budget allocation was $500,000 for each fiscal year.

To maximize available resources, the Fiscal Year 2025-2026 and 2026-2027 CIP projects have been combined into a single project. A budget transfer in the amount of $150,000 from the Miscellaneous Sewer Systems Improvements Account (Account No. 53-490010-9806) is required to fully fund and complete the project.

Attachments
Att1of4 - Resolution - 25-26 & 26-27 Sewer Main Lining.pdf Att2of4 - Contract.pdf
Att3of4 - CWA Proposal.pdf
Att4of4 - Bid Result & Summary.pdf

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUE NA PARK APPROVING PLANS AND SPECIFICATIONS FOR THE 2025-2026 & 2026-2027 SEWER MAIN LINING AT VARIOUS LOCATIONS PROJECT IN SAID CITY .

WHEREAS, it is the intention of the City of Buena Park to construct certain improvements in the City; and
WHEREAS, the City Engineer has prepared specificat ions and plans for the construction of certain improvement(s).

NOW, THEREFORE, BE IT RESOLVED that the specificat ions and plans presented by the City be and are hereby approved as the specifications and plans for:

2025-2026 & 2026-2027 SEWER MAIN LINING AT VARIOUS LOCATIONS PROJECT

PASSED AND ADOPTED this 11
th day of August 2026, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS

_______________________________________
Mayor
ATTEST:

_______________________________________
City Clerk

I, Adria M. Vicuña, MMC, City Clerk, hereby certif y that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting o f the City Council of the City of Buena Park held this 11
th day of August 2026.

_______________________________________
City Clerk

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CONTRACT

CITY OF BUENA PARK CONTRACT FOR
2025-2026 & 2026-2027 SEWER MAIN LINING AT VARIOUS LOCATIONS “Project”

Project Number: 388
Bid Number: 2026-23

This CONTRACT (“Contract”) is made and entered this 11 th day of August, 2026 (“Effective Date”), by and between the CITY OF BUENA PARK, a Ca lifornia municipal corporation (“City”) and Tunnelworks Services, Inc., a California Corpor ation (“Contractor”). Contractor’s California State Contractor’s license number is 963734. The Contractor and the City are sometimes referred to herein collectively as the “Parties” and singularly as “Party.” In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consi st of the following, each of which are attached hereto and incorporated herein by this reference:

A. This Contract;
B. The Notice Inviting Bids for the above-referenc ed project (“Project”), dated July 14 th , 2026;
C. The Instructions to Bidders for the Project, da ted July 14 th , 2026; D. Contractor’s Bid for the Project, dated July 30 th , 2026 (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award);
E. The Contractor’s Bonds for the Bid and the Proj ect; F. The final working drawings, plans, and specific ations for the Project as approved by the City, and dated July 7 th , 2026 (“Plans and Specifications”).

G. The City of Buena Park’s Standard Specification s for Public Works Projects, Latest Edition;
H. The City of Buena Park’s Special Provisions for Public Works Projects, Latest Edition;
I. Any and all permits from regulatory agencies wit h jurisdiction issued for the Project; and
J. Any addenda or change orders for the Project app roved by the City subsequent to the Effective Date of this Contract.

2. Scope of Services. Contractor shall perform all Work necessary to complete, in a good and workmanlike manner, a public works project identified in the title of this Contract above (the “Project”), as such Project and the Work to be performed by Contractor is further are described in the Contract Documents.

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3. Compensation. In consideration for Contractor’s performance of the Work required to complete the Project hereunder, City shall pay Cont ractor a total NOT-TO-EXCEED amount of ONE MILLION SIXTY THREE THOUSAND NINE HUNDRED TWENTY dollars ($1,063,920.00) in accordance with the prices as submitted in the Bid (“Compensation”). The Compensation shall be the total and complete such payable by the City for any and all costs, direct or indirect, of the Contractor for provision of the Work and completion of the Project, including but not limited to general and supplementary conditions, performance a nd payment bonds, Contractor fee for construction, and Contractor overhead and profit, a nd any other items of costs, accounting, or expense relating to or arising therefrom. Compensat ion shall under no circumstances be increased except via a formal change order approved by the City; and only if such overruns result of additional scope from the City, as opposed to price overruns, delays, errors, or omissions.

4. Term of Contract: The Contractor agrees to comp lete the work to City’s satisfaction within ONE HUNDRED TWENTY (120) WORKING DAYS from the date of written notice to proceed.

The Contractor further agrees to the assessment of liquidated damages in the amount of FIVE HUNDRED DOLLARS ($500) for each calendar day the work remains incomplete beyond the expiration of the completion date. The City may deduct the amount thereof from any monies due or that may become due the Contractor under this Contract.

5. Incorporation by Reference. All of the followin g documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liabilit y), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

6. Insurance: The Contractor shall not commence w ork under this Contract until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on a subcontract until all insurance required of its subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:

A. Compensation Insurance.

1. Before beginning work, the Contractor shall furnis h to the City a certificate of insurance as proof that it has taken out full compe nsation insurance for all persons whom the Contractor may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this Contract. Further such policy of insurance shall p rovide that the insurer waives all rights of subrogation against City and its elected officials, officers, employees, volunteers, and agents.

2. In accordance with the provisions of Section 3700 o f the California Labor Code, every Contractor shall secure the payment of compen sation to his employees.

Contractor, prior to commencing work, shall sign an d file with the City, a certification as follows:
“I am aware of the provisions of Section 3700 of th e Labor Code which require every employer to be insured against liability for worker’s 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.”

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B. General Insurance Requirements

1. Types of Coverage. Contractor shall maintain th e following insurance coverage throughout the term of this Contract, and upon requ est Contractor shall show City evidence of such coverage, which may include visual inspection of all policies, copies of declarations page, endorsements signed by an aut horized representative of the underwriting company, or certificates of insurance. Insurance coverage shall be provided in the following form:
a. Insurance Services Office Commercial General Lia bility coverage occurrence form number CG 00 01 11 85 or 88.
b. Automobile Liability insurance with coverage at least as broad as Insurance Services Office Form Number CA 0001 06 92 covering “Any Auto” (Symbol 1).
c. Workers Compensation insurance as required by th e State of California and Employer's Liability insurance.

2. Minimum Limits of Insurance. Contractor shall ma intain insurance coverage limits no less than:
a. General Liability: $2,000,000 per occurrence fo r bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit, and shall cont ain specified language creating a duty to defend against any suit seeking damages. b. Automobile Liability: $1,000,000 per accident f or bodily injury and property damage.
c. Employer's Liability: $1,000,000 per accident f or bodily injury or disease.

C. Deductibles and Self-Insured Retentions. Any de ductibles and/or self-insured retentions must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductib les or self-insured retentions as respects the City, its officers, elected officials, employees, agents, and volunteers; or, the Contractor shall provide a financial guarantee sati sfactory to the City, guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions. The Contractor and City further agree as follows:

1. All insurance coverage and limits provided purs uant to this Contract shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Contract or any other agreement relating to the City or its operations limits the application of such insurance coverage. Nothin g contained in this Section is to be construed as affecting or altering the legal status of the parties to this Contract.

2. Requirements of specific coverage features or l imits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification o nly and is not intended by any party to be all inclusive, or to the exclusion of o ther coverage, or a waiver of any type.

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3. For any claims related to this Project, the Contractor's insurance coverage shall be primary to any other similar insurance. Any insurance or self-insurance maintained by the City, its officers, employees or volunteers, shall be excess of the Contractor's insurance and shall not contribute with it.

4. The City, its officers, elected officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liab ility arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor and with respect to liability arising out of work or operati ons performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

5. For purposes of insurance coverage only, this C ontract will be deemed to have been executed immediately upon any party hereto tak ing any steps that can be deemed to be in furtherance of or towards, performance of this Contract.

6. All general or auto liability insurance coverag e provided pursuant to this Contract, or any other agreements pertaining to the performan ce of this Contract, shall not prohibit Contractor, and Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor waives its right of subrogation against City.

7. In the event any policy of insurance required un der this Contract does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.

8. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished within 72 hours of the expiration of the coverages.

9. Any actual or alleged failure on the part of Ci ty or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of City or any additional insured, in this or any other regard.

10. All insurance coverage shall contain a provisio n that prohibits cancellation, modification or lapse without thirty (30) days' prior written notice from insurer to the City. Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that fail ure of the insurer to mail written notice of cancellation imposes no obligation, and t o delete the word "endeavor" with regard to any notice provisions.

11 All insurance coverage shall include a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each insured against whom a claim or suit is mad e or suit is brought, except with respect to the limit of the insurer's liability."

12. All insurance coverage shall contain a clause substantially in the following words:
"It is hereby understood and agreed that this polic y shall not be canceled nor

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materially changed except upon thirty (30) days' pr ior written notice to the City of Buena Park of such cancellation or material change as evidence by a return receipt for a registered letter."

13. All insurance coverage shall cover the operations of the Contractor pursuant to the terms of this Contract.

14. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty ) to monitor the handling of any such claim or claims if they are likely to involve City.

15. In the event of any loss that is not insured due to the failure of Contractor to comply with these requirements, Contractor agrees to be pe rsonally responsible for any and all losses, claims, suits, damages, defense obligations and liability of any kind attributed to City, or City's employees, or any of the additional insureds as a result of such failure.

16. Coverage will not be limited to the specific lo cation or individual or entity designated as the address of the Project.

17. Contractor agrees not to attempt to avoid its defense and indemnity obligations to City and its employees, agents, officials and serva nts by using as a defense Contractor's statutory immunity under workers' compensation and similar statutes.

18. Contractor agrees to require all parties or sub contractors, including architects or others, with which it enters into contracts or hires pursuant to or related in any way with the performance of this Contract, to provide insurance covering the operations contracted for and naming as additional insureds al l parties to this Contract.

Contractor agrees to monitor and review all such co verage and assumes all responsibility for ensuring that such coverage is p rovided as required here.

Contractor agrees that no contract, standard form or otherwise, used by any party in any way connected with this Contract, or contrac ts Contractor enters into on behalf of City, will reserve the right to charge ba ck to City the cost of insurance required by this or any other agreement.

E. Acceptability of Insurers. Coverage shall be w ritten by insurers with a current A.M.

Best's rating of no less than "A:VIII," and be admitted to conduct business in the State of California by the Department of Insurance.

F. Verification of Coverage. Contractor shall furn ish the City with evidence of the insurance required by this Section, satisfactory to City, consisting of original certificates of insurance and amendatory endorsements, and an additional insured endorsement at least as broad as Insurance Services Office form CG 20 10 11 85. The endorsements should be on forms provided by the City or on other than t he City's forms or a separate owner’s policy, provided those forms or policies are approved by the City, and amended to conform to the City's requirements. All certificates and e ndorsements are to be received and approved by the City before work commences. The Ci ty reserves the right to require complete, certified copies of all required insuranc e policies, including endorsements effecting the coverage required by these specifications at any time. Contractor agrees to provide complete certified copies of policies to City within 10 days of City's request for said copies.

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G. Subcontractors. Contractor shall include all subcontractors or any other party involved in the Project by Contractor as insured under its policies or shall require subcontractors or any other party involved in the Project by Contract or to carry the same insurance as required herein. Contractor agrees to obtain certi ficates evidencing such coverage and make reasonable efforts to ensure that such coverag e is provided as required here.

Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will rese rve the right to charge back to City the cost of insurance required by this Contract. Contr actor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City and all certificates of insurance obtained in compliance with this paragraph will be submitted to City or review. Failure of City to re quest copies of such documents will not impose and liability on City, or its employees.

7. Indemnitification.

A. Contractor and City agree that City, its employees, officers, agents and elected officials should, to the extent permitted by law, be fully pr otected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Contract.

Contractor acknowledges that CITY would not have en tered into this Contract in the absence of the commitment of Contractor to indemnify and protect City as set forth here.

B. To the fullest extent permitted by law, Contract or shall defend, indemnify and hold harmless City, its elected officials, employees, ag ents, volunteers and officers (“Indemnitees”), from any and all liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings, stop notices, regulator y proceedings, losses, expenses or costs of any kind, actual attorneys fees incurred b y City, court costs, interest, defense costs including expert witness fees and any other c osts or expenses of any kind whatsoever without restriction or limitation incurr ed in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the Contractor’s performance of this Contract. All obligations under this provision are to be paid by Contractor as they are incurred by the City.

C. Without affecting the rights of City under any p rovision of this Contract or this section, Contractor shall not be required to indemnify and h old harmless City as set forth above for liability attributable to the sole fault of Cit y, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City 's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the City.

D. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is other th an the sole fault of City. Contractor has no obligation under this Contract for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City.

E. The obligations of Contractor under this or any other provision of this Contract will not be limited by the provisions of any workers’ compen sation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to the Indemnitees.

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The Contractor’s indemnity obligation set forth in this section shall not be limited by the limits of any policies of insurance required or pro vided by the Contractor pursuant to this Contract.

8. Antitrust Claims. In entering into this Contrac t, 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 (Business and Professions Code Section 16700 et seq .) arising from purchases of goods, services, or ma terials pursuant to the Contract.

This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

9. Prevailing Wages. City and Contractor acknowled ge that the Project is a public work to which prevailing wages apply.

10. Community Workforce Agreement. The City and co ntractor acknowledge that the project is covered by a Community Workforce Agreement between the City and the Los Angeles/Orange Counties Building and Construction Trades Council a nd the Signatory Craft Councils and Local Unions (the “CWA”). Contractor agrees to abide by the terms and conditions of the CWA.

11. Titles. The titles used in this Contract are f or convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

12. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the power and authori ty to execute this Contract on behalf of Contractor and has the power and authority to bind Contractor to the performance of its obligations hereunder.

13. Entire Agreement; Modification. This Contract, including the Contract Documents and any other documents incorporated herein by specific ref erence, represents the entire and integrated agreement between City and Contractor. Each Party to this Contract acknowledges that no representations, inducements, promises, or agreemen ts, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

14. Exhibits; Precedence. All documents referenced as exhibits in this Contract are hereby incorporated into this Contract by this reference. In the event of any inconsistency between the express provisions of this Contract and any provision of an exhibit, the provisions of this Contract, then the City’s invitation for bids, if any, shall prevail.

15. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

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IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.

CITY OF BUENA PARK

By:

City Manager

ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk City Attorney

Dated:
(“CONTRACTOR”)

By:

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Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Buena Park (“Public Agency”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

2025-2026 & 2026-2027 SEWER MAIN LINING AT VARIOUS LOCATIONS (Project Name)

WHEREAS, under the terms of the Contract, the Princ ipal is required before entering upon the performance of the Work, to file a good and suffici ent payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and al l contractors, subcontractors, laborers, material suppliers, and other persons employed in t he performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), and not less than 100% of total c ontract amount.

Lawful money of the United States of America, for m aterials furnished or labor thereon of any kind, or for amounts due under the Unemployment Ins urance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this B ond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to fi le claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the Califo rnia Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Secti on 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal an d its subcontractors pursuant to Labor Code

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Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the plans and Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

Note: This Bond must be executed in duplicate and d ated, all signatures must be notarized, and evidenc e of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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Bond No. __________

FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Buena Park (“Public Agency”), has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
2025-2026 & 2026-2027 SEWER MAIN LINING AT VARIOUS LOCATIONS (Project name)

which is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of

Dollars ($ ), this amount being not less than
100% of the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if t he hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the c ovenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Public Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in a ddition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereb y waives any statute of limitations as it applies to an action on this Bond.

The Surety, for value received, hereby stipulates a nd agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the plans and specifications accompanying the same shall in anywise affect its obligations under

C-12

this Bond, and it does hereby waive notice of any s uch change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 28 45 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

Note: This Bond must be executed in duplicate and d ated, all signatures must be notarized, and evidenc e of the authority of any person signing as attorney-in- fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

C-13

WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE
WHEREAS, the City of Buena Park (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company do es hereby certify that it has issued the policy or policies described below to the follo wing named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621
The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a fo rm approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative

C-14

PROGRESS PAYMENT SIGNATURE AUTHENTICATION

All company billings submitted for payment shall have the signature of an official of the company authorized to sign a bill and/or collect a check from the City, either on the invoice or an attached cover letter.

The following personnel of _______________________________________________________ ____________________________________________________________________________ (Contractor)
are authorized to sign bills and/or receive checks.

NAME

TITLE SIGNATURE

Any subsequent changes to supersede this signature list must be requested in writing and accompanied by a
facsimile of this form to be complete in its entirety.

By: _____________________________________________ ___
(name and title)

For: ____________________________________________ ___
(Bidder)

C-15

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY

Name and address of named insured (“Named Insured”) :

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Buena Park (“Public Agency”), its el ected officials, officers, attorneys, agents, employees, and volunteers are additional insureds ( the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall a pply separately to each Additional Insured against whom claim is made or suit is broug ht except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be c onstrued to preclude coverage of a claim by one insured under the policy against another insure d under the policy. All such claims shall be covered as third-party claims, i.e., in the same ma nner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contrac tual liability insurance (subject to the terms, conditions and exclusions applicable to such insura nce) includes liability assumed by the Named Insured under the indemnification and/or hold harml ess provision(s) contained in or executed in conjunction with the written agreement(s) or permit (s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non- renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) Days before the effective dat e thereof. In the event of Company’s failure to comply with this notice provision, the policy as in itially drafted will continue in full force and eff ect until compliance with this notice requirement.

C-16

above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State o f California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identifi ed on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Propert y Damage □ Products/Completed Operations □ Pollution Lia bility □ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
if none, so state) . The deductible is applicable □ per claim or □ pe r occurrence (check one) .

13. This is an □ occurrence or □ claims made policy (check one) .

14. This endorsement is effective on at 12:01 a .m. and forms a part of Policy Number .

I, (print name) , hereby declare under penalty of perjury under the laws of the State of California, that I have the au thority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

C-17

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY

Name and address of named insured (“Named Insured”) :

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Buena Park (“Public Agency”), its el ected officials, officers, attorneys, agents, employees, and volunteers are additional insureds ( the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described g enerally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

4. Nothing in this contract of insurance shall be c onstrued to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contrac tual liability insurance (subject to the terms, conditions and exclusions applicable to such insura nce) includes liability assumed by the Named Insure d under the indemnification and/or hold harmless prov ision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewa l except after written notice to Public Agency, by ce rtified mail, return receipt requested, not less th an thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted w ill continue in full force and effect until complia nce with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named I nsured regardless of any prior, concurrent, or subsequent active or passive negligence by the Addi tional Insureds.

C-18

8. It is hereby agreed that the laws of the State o f California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identifi ed on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform A ct
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state) . The deductible is applicable □ per claim or □ per occurrence (check one) .

13. This is an □ occurrence or □ claims made policy (check one) .

14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.

I, (print name) , hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to b ind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

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ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY

Name and address of named insured (“Named Insured”) :

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Buena Park(“Public Agency”), its ele cted officials, officers, attorneys, agents, employees, and volunteers are additional insureds ( the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described g enerally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

3. Each insurance coverage under the Policy shall a pply separately to each Additional Insured against whom claim is made or suit is broug ht, except with respect to the limits of the Compan y’s liability.

4. Nothing in this contract of insurance shall be c onstrued to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contrac tual liability insurance (subject to the terms, conditions and exclusions applicable to such insura nce) includes liability assumed by the Named Insure d under the indemnification and/or hold harmless prov ision(s) contained in or executed in conjunction wi th the written agreement(s) or permit(s) designated ab ove, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewa l except after written notice to Public Agency, by ce rtified mail, return receipt requested, not less th an thirty (30) Days before the effective date thereto. In the event of Company’s failure to comply with this notice provision, the policy as initially drafted w ill continue in full force and effect until complia nce with this notice requirement.

C-20

regard to operations performed by or on behalf of t he Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State o f California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extension s or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state) . The deductible is applicable □ per claim or □ pe r occurrence (check one) .

14. This is an □ occurrence or □ claims made policy (check one) .

15. This endorsement is effective on ________ at 12 :01 a.m. and forms a part of Policy Number ________.

C-21

I, (print name) , hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

Headquarters
3452 E Foothill Blvd / Suite 200
Pasadena, CA 91107 USA
P 626 685 6989
F 626 685 6985
Pasadena / Dallas / Oakland / San Diego
thesolisgroup.com
August 3, 2026
Hysun Lee
Associate Engineer
City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90621
Re: Proposal to provide CWA Administration Services for the 2025-2026 & 2026-2027 Sewer Main Lining Project
Dear Hysun Lee,
The Solís Group (TSG) is pleased to submit this cost proposal to provide CWA administration services required for the above referenced project. The work scope for this assignment is based on our proposal dated June 3, 2022. Our cost proposal based on information provided by the City is summarized below.

Project Description
Construction
Value
Estimated Duration
(including 2 month closeout)
Monthly
Fee
Life of Project
Cost Estimate
2025-2026 &
2026-2027 Sewer
Main Lining
$ 1,060,140 7 Months $ 1,350 $ 9,450
TOTAL COST $ 9,450
If actual construction (including punch list) and closeout extends beyond the planned duration, we will examine the need for additional budget.

We appreciate the opportunity to serve the City. If you have any questions regarding this cost proposal, please contact the undersigned. Please send Notice-to-Proceed to Sabrina Cristi, Accounting Assistant, at [email protected].

Sincerely,
Gonzalo Armijos
Vice President of Business Development

Company Name Bid Amount
1 Tunnelworks Services, Inc. 1,063,920.00 $
City of Buena Park

BID RESULTS
2025-2026 & 2026-2027 SEWER MAIN LINING AT VARIOUS LOCATIONS Project No. # 388
Bid No. # 2026-23
Bid Opening : Thursday, July 30 - 2:00 P.M.

Item
No
Approx.

Quantity Unit Description Unit Price Total Amount Unit Price Total Amount 1 350 LF
Reline Existing 8" Sewer Main on Corinne Cir
(MH#63-12 to MH#63-11) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit A
$57.50 $20,125.00 $63.00 $22,050.00
2 350 LF
Reline Existing 8" Sewer Main on Constance Cir
(MH#63-10 to MH#63-9) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit A
$57.50 $20,125.00 $63.00 $22,050.00
3 350 LF
Reline Existing 8" Sewer Main on Clementine Cir
(MH#63-8 to MH#63-7) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit A
$57.50 $20,125.00 $63.00 $22,050.00
4 350 LF
Reline Existing 8" Sewer Main on Christine Cir
(MH#63-6 to MH#63-5) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit A
$57.50 $20,125.00 $63.00 $22,050.00
5 1,250 LF
Reline Existing 8" Sewer Main on Carlotta Ave
(MH#63-11 to MH#63-9; MH#63-9 to MH#63-7; MH#63-7 to MH#63-5; MH#63-5 to MH#63-3; MH#63-3 to MH#63-2) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit A $57.50 $71,875.00 $63.00 $78,750.00
6 680 LF
Reline Existing 8" Sewer Main on Myra Ave
(MH#63-15 to MH#63-14; MH#63-14 to MH#63-13; MH#63-13 to MH#64-79) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit B
$57.50 $39,100.00 $63.00 $42,840.00
7 980 LF
Reline Existing 8" Sewer Main on Barbara Cir
(MH#63-V10 to MH#63-20; MH#63-20 to MH#63-21; MH#63-21 to MH#63-16; MH#63-16 to MH#63-13) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit B
$57.50 $56,350.00 $63.00 $61,740.00
8 990 LF
Reline Existing 8" Sewer Main on Blanche Cir
(MH#63-V11 to MH#63-19; MH#63-19 to MH#63-18; MH#63-18 to MH#63-17; MH#63-17 to MH#63-16) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit B
$57.50 $56,925.00 $63.00 $62,370.00
9 1,340 LF
Reline Existing 8" Sewer Main on San Pasqual Cir
(MH#44-33 to MH#44-32; MH#44-32 to MH#44-31; MH#44-31 to MH#44-30; MH#44-30 to MH#44-23) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit C
$57.50 $77,050.00 $63.00 $84,420.00
10 1,100 LF
Reline Existing 8" Sewer Main on San Diego Dr
(MH#44-37 to MH#44-36; MH#44-36 to MH#44-35; MH#44-35 to MH#44-34; MH#44-34 to MH#44-25) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit C
$57.50 $63,250.00 $63.00 $69,300.00
11 1,000 LF
Reline Existing 8" Sewer Main on San Paco Cir
(MH#44-41 to MH#44-40; MH#44-40 to MH#44-39; MH#44-39 to MH#44-38) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit C
$57.50 $57,500.00 $63.00 $63,000.00
12 790 LF
Reline Existing 8" Sewer Main on San Pedro Cir
(MH#44-45 to MH#44-44; MH#44-44 to MH#44-43; MH#44-43 to MH#44-42) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit C
$57.50 $45,425.00 $63.00 $49,770.00
13 560 LF
Reline Existing 8" Sewer Main on San Padre Cir
(MH#44-48 to MH#44-47; MH#44-47 to MH#44-46) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit C
$57.50 $32,200.00 $63.00 $35,280.00
14 550 LF
Reline Existing 8" Sewer Main on San Joaquin Cir
(MH#44-56 to MH#44-55; MH#44-55 to MH#44-54) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit D
$57.50 $31,625.00 $63.00 $34,650.00
15 550 LF
Reline Existing 8" Sewer Main on San Juan Cir
(MH#44-59 to MH#44-58; MH#44-58 to MH#44-57) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit D
$57.50 $31,625.00 $63.00 $34,650.00
16 580 LF
Reline Existing 10" Sewer Main on San Julian Cir
(MH#44-62 to MH#44-61; MH#44-61 to MH#44-60) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit D
$57.50 $33,350.00 $66.00 $38,280.00
17 760 LF
Reline Existing 10" Sewer Main on San Jose Cir
(MH#44-60 to MH#44-57; MH#44-57 to MH#44-54; MH#44-54 to MH#44-51) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit D
$57.50 $43,700.00 $66.00 $50,160.00
18 820 LF
Reline Existing 8" Sewer Main on San Helice Cir
(MH#44-100 to MH#44-99; MH#44-99 to MH#44-98; MH#44-98 to MH#44-85) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit E
$57.50 $47,150.00 $63.00 $51,660.00
19 820 LF
Reline Existing 8" Sewer Main on San Heron Cir
(MH#44-97 to MH#44-96; MH#44-96 to MH#44-95; MH#44-95 to MH#44-84) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit E
$57.50 $47,150.00 $63.00 $51,660.00
Engineer's Estimate
2025-2026 & 2026-2027 SEWER MAIN LINING AT VARIOUS LOCATIONSBASE BID ITEM Tunnelworks Services PAGE 1 OF 2
Item
No
Approx.

Quantity Unit Description Unit Price Total Amount Unit Price Total Amount Engineer's Estimate
2025-2026 & 2026-2027 SEWER MAIN LINING AT VARIOUS LOCATIONSBASE BID ITEM Tunnelworks Services 20 850 LF
Reline Existing 8" Sewer Main on San Dimas Cir
(MH#44-71 to MH#44-70; MH#44-70 to MH#44-69; MH#44-69 to MH#44-V12) with UV-Cured Glass Reinforced Plastic Cured-In-Place (GRP-CIPP) Liner per Exhibit E
$57.50 $48,875.00 $63.00 $53,550.00
21 13,620 LF
Perform 8-inch diameter pipe preliminary and final CCTV inspection, light cleaning, including high pressure jetting and removal of debris as needed.
$1.44 $19,612.80 $2.75 $37,455.00
22 1,340 LF
Perform 10-inch diameter pipe preliminary and final CCTV inspection, light cleaning, including high pressure jetting and removal of debris as needed
$1.44 $1,929.60 $2.75 $3,685.00
23 3,000 LF
Perform 8-inch and/or 10-inch diameter pipe heavy cleaning non- hydraulic jet efforts, as required, as porcupines, cutters, power rodding, clam buckets, and other mechanical means and re-cleaning with hydraulic jet, removal of calcium deposits, roots, intruding laterals, debris, and obstructions as required.
$2.30 $6,900.00 $4.00 $12,000.00
24 350 LF Reinstate Lateral Seals $57.50 $20,125.00 $50.00 $17,500.00 25 20 LF Furnish and Install UV-Cured GRP-CIPP Top Hat Lateral Seals as needed. Location will be determined during pipe inspection.$1,610.00 $32,200.00 $1,050.00 $21,000.00 26 1 LF Temporary Flow Bypassing $2,300.00 $2,300.00 $2,000.00 $2,000.00 27 1,000 LF Pressure Grouting as needed prior to lining, quantity is estimate.

Location and limits will be determined during pipe inspection.$28.75 $28,750.00 $20.00 $20,000.00 BID AMOUNT $1,063,920.00$975,467.40
PAGE 2 OF 2
August 11, 2026

NEW BUSINESS
Item No. 5B.

City Council Agenda Report

RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND AWARDING A CONTRACT TO JB BOSTICK,LLC FOR THE CITY YARD PARKING LOT REHABILITATION PROJECT

PREPARED BY PRESENTED BY
Jason Tran, Associate Engineer Jason Tran, Associate Engineer

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Mina Mikhael, Director of Public Works/City Engineer Aaron France, City Manager

RECOMMENDED ACTION
1) Adopt a resolution approving the plans and specifications for the City Yard Parking Lot Rehabilitation Project; 2)Award a contract to JB Bostick, LLC in the amount of $158,558; 3) Authorize contingency funds in the amount of$30,442; 4) Authorize construction engineering funds in the amount of $8,000; 5) Authorize the City Manager andCity Attorney to make any necessary, non-monetary changes to the contract; and 6) Authorize the City Managerand City Clerk to execute the contract.

PREVIOUS CITY COUNCIL ACTION
On June 23, 2026, City Council rejected all bids for the Bellis Yard Improvements and City Yard Parking LotRehabilitation Project and authorized staff tore-advertise the project. The City Yard Parking Lot Rehabilitation Project was originally combined with the BellisYard Improvements Capital Improvement Project (CIP). Following the initial solicitation, staff determined thatadvertising the projects separately would encourage greater bidder participation and competition.

DISCUSSION
The City owns and maintains the City Yard, located at 6955 Aragon Circle, Buena Park, CA 90620, which serves as the maintenance and operations facility for Public Works staff. Maintenance personnel use the facility to operate, store, and maintain vehicles and equipment, as well as to dump materials.

Due to the age of the pavement and heavy vehicle usage, staff has determined that the front and back parking lots are in need of rehabilitation. The scope of work includes repaving the asphalt pavement. Funding for this project is included in the FY 2025–26 Capital Improvement Program (CIP) budget.

The project was advertised for competitive bids on June 25, 2026. Nine (9) bids were received and publicly opened on July 23, 2026. Total bid amounts ranged from $158,558 to $316,799.70.

The lowest, responsive and responsible bid was submitted by JB Bostick, LLC of Anaheim, CA, in the amount of $158,558. The contractor possesses the required license and has successfully completed similar projects for other public agencies, including the Huntington Beach City Unified School District and Los Angeles County Sanitation Districts. Staff recommends awarding the contract to JB Bostick, LLC in the amount of $158,558, approving contingency funds in the amount of $30,442, and authorizing construction engineering funds in the amount of $8,000.

Construction is anticipated to begin in September 2026 and be completed in October 2026.

BUDGET IMPACT
Total cost for the project is in the amount of $197,000, as shown below:

Construction Contract: $ 158,558 Construction Contingency: $ 30,442
Construction Engineering: $ 8,000
Total Project Cost: $ 197,000

The project is a Capital Improvements Project and will be funded from the General Fund (Account No. 11-9806- 190069). Funding for the project was appropriated as part of the FY 2025–26 Budget. As the project will be constructed in FY 2026–27, the remaining project funds will be carried forward into FY 2026–27. There are sufficient funds available in this account in the amount of approximately $197,000.

Attachments
Att. 1 of 5 Resolution - City Yard Parking Lot Rehab.pdf Att. 2 of 5 Bid Results - City Yard Parking Lot Rehabilitation.pdf Att. 3 of 5 Bid Summary - City Yard Parking Lot Rehabilitation.pdf Att. 4 of 5 Contract - City Yard Parking Lot Rehab - JB Bostick.pdf Att. 5 of 5 Location Map - City Yard Parking Lot Rehab.pdf

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CI TY OF BUENA PARK APPR OVING

PLANS AND SPECIFICATIONS FOR CITY YARD PARKING LOT REHABILITATION PROJECT IN SAID CITY.

WHEREAS, it is the intention of the City of Buena Park to construct certain improvements in the City; and
WHEREAS, the City Engineer has p repared specifications and plans for the construction of certain improvement(s).

NOW, THEREFORE, BE IT RESOLVED that the specifications and plans presented by the City be and are hereby approved as the specifications and plans for:

CITY YARD PARKING LOT REHABILITATION PROJECT PASSED AND ADOPTED this 11th day of August 2026, by the following called vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS

_______________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
I, Adria M. Vicuña, MMC, City Clerk, hereby certify that the foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park held this 11th day of August 2026.

_______________________________________
City Clerk
Company Name Total Bid Amount
1 PaveWest 163,050.52$
2 Van Engineering 207,759.75$
3 Onyx Paving Company 246,500.00$
4 JB Bostick 158,558.00$
5 United Paving Company 173,359.28$
6 Prestige Paving Company 236,352.10$
7 Toro Enterprises 224,308.60$
8 All American Asphalt 165,165.00$
9 RJ Noble Company 316,799.70$
City of Buena Park

BID RESULTS

CITY YARD PARKING LOT REHABILITATION
Project No. 158
Bid No. 2027-03
Bid Opening. 7/23/2026- 2:00 P.M.

Item Approx. Unit Description Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total Unit Total No Quantity Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount Price Amount 1 1 LS Mobilization and demobilization $10,000.00 $10,000.00 $10,000.00 $10,000.00 $60,000.00 $60,000.00 $2,500.00 $2,500.00 $7,904.00 $7,904.00 $4,901.00 $4,901.00 $24,800.00 $24,800.00 $12,198.35 $12,198.35 $40,000.00 $40,000.00 $10,000.00 $10,000.00 $20,057.71 $20,057.71 2 1 LS Install signing, striping, and markers as shown
on plans $5,800.00 $5,800.00 $15,000.00 $15,000.00 $12,095.00 $12,095.00 $3,000.00 $3,000.00 $11,921.00 $11,921.00 $4,450.00 $4,450.00 $9,350.00 $9,350.00 $10,470.00 $10,470.00 $11,000.00 $11,000.00 $10,000.00 $10,000.00 $9,830.86 $9,830.86 3 44,015 SF Cold mill and remove 2-inch of Existing AC
Pavement $0.56 $24,648.40 $0.65 $28,609.75 $0.70 $30,810.50 $0.70 $30,810.50 $0.475 $20,907.13 $1.00 $44,015.00 $0.60 $26,409.00 $0.37 $16,285.55 $1.02 $44,895.30 $0.50 $22,007.50 $0.66 $28,955.58 4 532 TON Construct 2-inch thick asphalt concrete surface course, type III C3 PG 70-10 (1/2" rock) $138.11 $73,476.25 $175.00 $93,100.00 $155.00 $82,460.00 $125.00 $66,500.00 $142.29 $75,698.28 $177.11 $94,222.52 $187.20 $99,590.40 $126.05 $67,058.60 $222.00 $118,104.00 $140.00 $74,480.00 $156.77 $83,402.65 5 2 EA Adjust water valve and cover to grade per City
Std. 518 $325.00 $650.00 $200.00 $400.00 $1,250.00 $2,500.00 $1,500.00 $3,000.00 $227.50 $455.00 $2,215.50 $4,431.00 $1,836.00 $3,672.00 $1,000.00 $2,000.00 $2,000.00 $4,000.00 $1,000.00 $2,000.00 $928.93 $1,857.86 6 4 EA Adjust existing City sewer clean out to grade $325.00 $1,300.00 $300.00 $1,200.00 $1,250.00 $5,000.00 $1,500.00 $6,000.00 $2,176.50 $8,706.00 $2,215.50 $8,862.00 $1,836.00 $7,344.00 $1,000.00 $4,000.00 $2,000.00 $8,000.00 $1,000.00 $4,000.00 $1,221.64 $4,886.57 7 13 EA
Remove existing concrete curb stop prior to
cold mill and reinstall after constructing asphalt
concrete surface course
$200.00 $2,600.00 $300.00 $3,900.00 $200.00 $2,600.00 $200.00 $2,600.00 $108.23 $1,406.99 $46.08 $599.04 $121.50 $1,579.50 $68.55 $891.15 $95.00 $1,235.00 $500.00 $6,500.00 $229.03 $2,977.43 8 65 LF
Construct 2-inch schedule 80 conduit at a depth
of 36-inch. Contractor to install and cap stub-
outs at each end for future installations.
$66.55 $4,325.75 $95.00 $6,175.00 $65.00 $4,225.00 $100.00 $6,500.00 $59.93 $3,895.45 $82.40 $5,356.00 $116.00 $7,540.00 $206.75 $13,438.75 $325.00 $21,125.00 $75.00 $4,875.00 $112.35 $7,303.03 9 136 SF Construct 4-foot wide pcc gutter (4-inch thick) as shown on plans $43.01 $5,849.36 $25.00 $3,400.00 $50.00 $6,800.00 $35.00 $4,760.00 $46.72 $6,353.92 $81.02 $11,018.72 $26.60 $3,617.60 $70.55 $9,594.80 $152.00 $20,672.00 $35.00 $4,760.00 $55.25 $7,513.61 10 7,710 SF Cold Mill and Remove 4-inch of Existing AC
Pavement $1.13 $8,712.30 $1.50 $11,565.00 $1.45 $11,179.50 $1.25 $9,637.50 $0.96 $7,424.73 $3.12 $24,055.20 $1.30 $10,023.00 $0.75 $5,782.50 $0.84 $6,476.40 $0.70 $5,397.00 $1.12 $8,627.49 11 186 TON Construct 4-inch thick asphalt concrete surface course, type III C3 PG 70-10 (1/2" rock) $138.11 $25,688.46 $185.00 $34,410.00 $155.00 $28,830.00 $125.00 $23,250.00 $154.23 $28,686.78 $185.17 $34,441.62 $163.35 $30,383.10 $126.05 $23,445.30 $222.00 $41,292.00 $140.00 $26,040.00 $159.91 $29,742.46 TOTAL BID AMOUNT $163,050.52 $207,759.75 $246,500.00 $158,558.00 $173,359.28 $236,352.10 $224,308.60 $165,165.00 $316,799.70 $170,059.50 $205,155.25

CITY YARD PARKING LOT REHABILITATION PROJECT
Project No. 158 - Bid No. 2027-03
Bid Summary
Bid Opening: July 23, 2026 - 2:00 P.M.

Pave West Van Engineering Engineer's Estimate Average

BASE AMOUNT
Prestige Paving Company Toro Enterprise All American Asphalt Onyx Paving Company RJ Noble Company JB Bostic United Paving Company PAGE 1 OF 1
C-1

CONTRACT

C-2

CONTRACT

CITY OF BUENA PARK CONTRACT FOR

CITY YARD PARKING LOT REHABILITATION
“Project”

Project Number: 158
Bid Number: 2027-03

This CONTRACT (“Contract”) is made and entered this 11th day of August, 20 26 (“Effective Date”), by and between the CITY OF BUENA PARK, a California municipal corporation (“City”) and JB Bostick, a California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 341573. The Contractor and the City are sometimes referred to herein collectively as the “Parties” and singularly as “Party.” In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of the following, each of which are attached hereto and incorporated herein by this reference:

A. This Contract;
B. The Notice Inviting Bids for the above-referenced project (“Project”), dated June 25, 2026;
C. The Instructions to Bidders for the Project, dated June 25, 2026; D. Contractor’s Bid for the Project, dated July 24, 2026 (including documentation accompanying the Bid and any post -Bid documentation submitted before the Notice of Award);
E. The Contractor’s Bonds for the Bid and the Project; F. The final working drawings, plans, and specifications for the Project as approved by the City, and dated June 25, 2026 (“Plans and Specifications”).

G. The City of Buena Park’s Standard Specifications for Public Works Projects, Latest Edition;
H. The City of Buena Park’s Special Provisions for Public Works Projects, Latest Edition;
I. Any and all permits from regulatory agencies with jurisdiction issued for the Project; and
J. Any addenda or change orders for the Project approved by the City subsequent to the Effective Date of this Contract.

C-3

3. Compensation. In consideration for Contractor’s performance of the Work required to complete the Project hereunder, City shall pay Contractor a total NOT-TO-EXCEED amount of ONE HUNDRED FIFTY EIGHT THOUSAND FIVE HUNDRED FIFTY EIGHT dollars ($158,558) in accordance with the prices as submitted in the Bid (“Compensation”). The Compensation shall be the total and complete such payable by the City for any and all costs, direct or indirect, of the Contractor for provision of the Work and completion of the Project, including but not limited to general and supplementary conditions, performance and payment bonds, Contractor fee for construction, and Contractor overhead and profit, and any other items of costs, accounting, or expense relating to or arising therefrom. Compensation shall under no circumstances be increased except via a formal change order approved by the City; and only if such overruns result of additional scope from the City, as opposed to price overruns, delays, errors, or omissions.

4. Term of Contract: The Contractor agrees to complete the work to City’s satisfaction within THIRTY (30) WORKING DAYS from the date of written notice to proceed. The Contractor further agrees to the assessment of liquidated damages in the amount of FIVE HUNDRED DOLLARS ($500) for each calendar day the work remains incomplete beyond the expiration of the completion date. The City may deduct the amount thereof from any monies due or that may become due the Contractor under this Contract.

5. Incorporation by Reference . All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

6. Insurance: The Contractor shall not commence work under this Contract until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any subcontractor to commence work on a subcontract until all i nsurance required of its subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:

A. Compensation Insurance.

1. Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom the Contractor may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this Contract. Further such policy of insurance shall provide that the insurer waives all rights of subrogation against City and its elected officia ls, officers, employees, volunteers, and agents.

2. In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment of compensation to his employees.

Contractor, prior to commencing work, shall sign and file with the City, a certification as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s 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.” C-4

B. General Insurance Requirements

1. Types of Coverage. Contractor shall maintain the following insurance coverage throughout the term of this Contract, and upon request Contractor shall show City evidence of such coverage, which may include visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance. Insurance coverage shall be provided in the following form:
a. Insurance Services Office Commercial General Liability coverage occurrence form number CG 00 01 11 85 or 88.
b. Automobile Liability insurance with coverage at least as broad as Insurance Services Office Form Number CA 0001 06 92 covering “Any Auto” (Symbol 1).
c. Workers Compensation insurance as required by the State of California and Employer's Liability insurance.

2. Minimum Limits of Insurance. Contractor shall maintain insurance coverage limits no less than:
a. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit, and shall contain specified language creating a duty to defend against any suit seeking damages. b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
c. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

C. Deductibles and Self -Insured Retentions. Any deductibles and/or self -insured retentions must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, elected officials, employees, agents, and volunteers; or, the Contractor shall provide a financial guarantee satisfactory to the City, guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions. The Contractor and City further agree as follows:

1. All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Contract or any other agreement relating to the City or its operations lim its the application of such insurance coverage. Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Contract.

2. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any C-5

type.

4. The City, its officers, elected officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

5. For purposes of insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards, performance of this Contract.

6. All general or auto liability insurance coverage provided pursuant to this Contract, or any other agreements pertaining to the performance of this Contract, shall not prohibit Contractor, and Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor waives its right of subrogation against City.

7. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.

9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of City or any additional insured, in this or any other regard.

10. All insurance coverage shall contain a provision that prohibits cancellation, modification or lapse without thirty (30) days' prior written notice from insurer to the City. Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

11 All insurance coverage shall include a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability."

12. All insurance coverage shall contain a clause substantially in the following words:

C-6

"It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days' prior written notice to the City of Buena Park of such cancellation or material change as evidence by a return receipt for a registered letter."

13. All insurance coverage shall cover the operations of the Contractor pursuant to the terms of this Contract.

14. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of an y such claim or claims if they are likely to involve City.

15. In the event of any loss that is not insured due to the failure of Contractor to comply with these requirements, Contractor agrees to be personally responsible for any and all losses, claims, suits, damages, defense obligations and liability of any kind attributed to City, or City's employees, or any of the additional insureds as a result of such failure.

16. Coverage will not be limited to the specific location or individual or entity designated as the address of the Project.

17. Contractor agrees not to attempt to avoid its defense and indemnity obligations to City and its employees, agents, officials and servants by using as a defense Contractor's statutory immunity under workers' compensation and similar statutes.

18. Contractor agrees to require all parties or subcontractors, including architects or others, with which it enters into contracts or hires pursuant to or related in any way with the performance of this Contract, to provide insurance covering the operations contracted for and naming as additional insureds all parties to this Contract.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided as required here.

Contractor agrees that no contract, standard form or otherwise, used by any party in any way connected with this Contract, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this or any other agreement.

E. Acceptability of Insurers . Coverage shall be written by insurers with a current A.M.

Best's rating of no less than "A:VIII," and be admitted to conduct business in the State of California by the Department of Insurance.

F. Verification of Coverage . Contractor shall furnish the City with evidence of the insurance required by this Section, satisfactory to City, consisting of original certificates of insurance and amendatory endorsements, and an additional insured endorsement at least as broad as Insurance Services Office form CG 20 10 11 85. The endorsements should be on forms provided by the City or on other than the City's forms or a separate owner’s policy, provided those forms or policies are approved by the City, and amended to conform to the City's requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, incl uding endorsements effecting the coverage required by these specifications at any time. Contractor agrees to provide complete certified copies of policies to City within 10 days of City's request for said copies.

C-7

G. Subcontractors. Contractor shall include all subcontractors or any other party involved in the Project by Contractor as insured under its policies or shall require subcontractors or any other party involved in the Project by Contractor to carry the same insurance as required herein. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here.

Contractor agrees to require that no contract used by any subcontrac tor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Contract. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City and all certificates of insurance obtained in compliance with this paragraph will be submitted to City or review. Failure of City to request copies of such documents will not impose and liability on City, or its employees.

7. Indemnitifcation.

A. Contractor and City agree that City, its employees, officers, agents and elected officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the pe rformance of this Contract.

Contractor acknowledges that CITY would not have entered into this Contract in the absence of the commitment of Contractor to indemnify and protect City as set forth here.

B. To the full est extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected officials, employees, agents , volunteers and offic ers (“Indemnitees”), from any and all liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings, stop notices, regulatory proceedings, losses, expenses or costs of any kind, actual attorneys fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of a ny kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the Contractor’s performance of this Contract. All obligations under this provision are to be paid by Contractor as they are incurred by the City.

C. Without affecting the rights of City under any provision of this Contract or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City 's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all -inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the City.

D. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is other than the sole fault of City. Contractor has no obligation under this Contract for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City.

E. The obligations of Contractor under this or any other provision of this Contract will not C-8

be limited by the provisions of any workers ’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to the Indemnitees.

The Contractor’s indemnity obligation set forth in this section shall not be limited by the limits of any policies of insurance required or provided by the C ontractor pursuant to this Contract.

8. Antitrust Claims. In entering into this Contract, 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 (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract.

This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

9. Prevailing Wages. City and Contractor acknowledge that th e Project is a public work to which prevailing wages apply.

10. Reserved.

11. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

12. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the power and authority to execute this Contract on behalf of Contractor and has the power and authority to bind Contractor to the performance of its obligations hereunder.

13. Entire Agreement; Modification. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. Each Party to this Contract acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein. This Contract supersedes all prior oral or written negotia tions, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

15. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

C-9

IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.

CITY OF BUENA PARK

By:

City Manager

ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk City Attorney

Dated:
(“CONTRACTOR”)

By:

C-10

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Buena Park (“Public Agency”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

CITY YARD PARKING LOT REHABILITATION
(Project Name)

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), and not less than 100% of total contract amount.

Lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the cour t, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code C-11

Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

C-12

Bond No. __________

FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Buena Park (“Public Agency”), has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

CITY YARD PARKING LOT REHABILITATION
(Project name)

which is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal ’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and sha ll indemnify and save harmless the Publ ic Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the plans and specifications accompanying the same shall in anywise affect its obligations under C-13

this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the pro visions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

C-14

WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE
WHEREAS, the City of Buena Park (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621
The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative
C-15

PROGRESS PAYMENT SIGNATURE AUTHENTICATION

NAME TITLE SIGNATURE

Any subsequent changes to supersede this signature list must be requested in writing and accompanied by a
facsimile of this form to be complete in its entirety.

By: ________________________________________________
(name and title)

For: _______________________________________________
(Bidder)

C-16

ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

C-17

1. The City of Buena Park (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been is sued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provis ion(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company ’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

C-18

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

C-19

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Buena Park (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Polic y.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company ’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provis ion(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mai l, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company ’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

C-20

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

C-21

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Buena Park(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Polic y.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company ’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provis ion(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mai l, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company ’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.

C-23

I, (print name) , hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

CITY YARD PARKING LOT IMPROVEMENTS
DRAWN BY:DATE:

E:\Projects\Building\Active\City Yard Parking Lot Improvements\Exhibits\CITY YARD PARKING LOT IMPROVEMENTS.dwgDEPARTMENT OF PUBLIC WORKS EXHIBIT NO.N PROJECT LOCATION MAPAAHMARCH 2025

LEGENDPROJECTAREA

VALLEY VIEW ST

CENTERPOINTE

ORANGETHORPE AVE

HERMOSA CIR

ARAGON CIR

EMERSON DREMERSON DR

FROST CIR

LONGFELLOW DR

BUENA PARKCITY YARD

SANDBURG DR

WHITMAN DR

CABALLERO BLVD

CABALLERO BLVD
August 11, 2026

NEW BUSINESS
Item No. 5C.

City Council Agenda Report

EMPLOYMENT AGREEMENT WITH BRADLEY GEYER FOR POLICE CHIEF

PREPARED BY PRESENTED BY
Eddie Fenton, Assistant City Manager/Director of
Human Resources
Eddie Fenton, Assistant City Manager/Director of
Human Resources

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Eddie Fenton, Assistant City Manager/Human
Resources Director Aaron France, City Manager

RECOMMENDED ACTION
1) Approve the Employment Agreement for Police Chief between the City of Buena Park and Bradley Geyer; 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and, 3) Authorize the City Manager and City Clerk to execute the agreement.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
In December 2025, Police Chief Frank Nunes retired after 28 years of service as a law enforcement officer to the citizens of Buena Park. This position is one of the most critical executive management positions within the City’s organizational structure. Therefore, the City Manager immediately appointed Police Captain Bradley Geyer to serve as Interim Police Chief. After careful consideration and worthy performance over the past seven months, the City Manager desires to appoint Bradley as the City’s permanent Police Chief for Buena Park. Interim Chief Geyer has over 28 years of experience with the Buena Park Police Department with a successful record of accomplishments.

He has the necessary experience and leadership qualities to lead the department, combined with the respect of other City staff, his regional law enforcement peers, and the community. To ensure a smooth transition, the City Manager is requesting approval of an employment agreement with Bradley Geyer to serve as the next Police Chief effective July 4, 2026.

The City Manager is proposing the following compensation schedule for the new Police Chief Employment Agreement. The Police Chief will also be provided with a City vehicle and all fringe benefits provided under the Police Management MOU.

EFFECTIVE DATE BASE SALARY (Monthly) BASE SALARY (Annually) 7/4/2026 $23,972 $287,664
7/3/2027 $24,267 $291,200
The City Manager is confident that Interim Chief Geyer will do an outstanding job as Police Chief. In this new role as Police Chief, Chief Geyer will focus on the executive management of the department, striving to achieve full staffing levels in the Police Officer ranks, reducing and preventing violent crime, improving customer service, and continuing positive relations between the Buena Park community and the Police Department while maintaining the public’s trust. In addition, Chief Geyer will also be responsible for developing a new Buena Park Police Department Strategic Plan to position the City for the future of law enforcement. The City Manager believes it is in the City’s best interest to approve the Police Chief Employment Agreement presented to the City Council, which includes all compensation and conditions of employment.

BUDGET IMPACT
Budgeted funds are available in the FY 2026-27 Budget for this purpose. No additional funding is requested.

Attachments
Police Chief Geyer agreement 2026-28 (Adopted 8.11.2026).pdf 1 POLICE CHIEF EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF BUENA PARK AND BRADLEY GEYER
This Employment Agreement (hereinafter referred to as “Agreement”) is made and entered into by and between the CITY OF BUENA PARK, a municipal corporation (hereinafter referred to as “City”) and Bradley Geyer, an individual (hereinafter referred to as “Chief”). At times herein the City and Chief are jointly referred to as the “Parties.”

WITNESSETH
A. Recitals.
(i) It is the desire of the City Manager of City to employ Chief as its Police Chief of the Buena Park Police Department and to provide certain benefits and establish certain conditions of employment and set working conditions of the Chief.
(ii) Chief desires to obtain employment as Police Chief of the Buena Park Police Department and is willing to do so on the terms and conditions set forth hereinafter.
(iii) City and Chief wish to enter into this A greement that sets forth the rights and obligations of the Parties and that will supersede all prior negotiations, discussions, or agreements.

B. Agreement.

NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
2 1. Commencing July 4, 2026, and until this Agreement is terminated by either party as described herein, City does hereby employ Chief as Police Chief for the Buena Park Police Department , and Chief does hereby agree to be employed as and to discharge the duties and obligations of that position in accordance with the related provisions of the Buena Park Municipal Code, all Ordinances and Resolutions of the City, and applicable provisions of state and federal law and regulations.

2. Chief shall devote his full energies, interest, abilities and productive time to the performance of this Agreement, and utilize his best efforts to promote City's interests.

Chief shall not engage in any activity, consulting service or enterprise, for compensation or otherwise, which is actually or potentially in conflict with or inimical to, or which materially interferes with Chief’s duties and responsibilities to City. Chief shall obtain prior authorization from the City Manager for any outside employment, consulting, teaching or enterprise.

3. In consideration thereof, City shall pay Chief a salary as reflected in the table below at the beginning of the pay period that includes the effective date. The salary may be prorated and paid on City’s normal paydays, subject to legally permissible or required withholding. Employee’s salary is compensation for all hours worked and for all services under this Agreement and includes consideration for the cost of living adjustment effective July 4, 2026, for all employee associations. Chief shall be exempt from the overtime pay provisions of California law (if any) and federal law:
(a) Chief’s salary:

3 EFFECTIVE DATE

BASE SALARY
(Monthly)

BASE SALARY
(Annually)
7/4/2026 $23,972 $287,664
7/3/2027 $24,267 $291,200

(b) Chief’s base salary shall be adjusted for cost of living adjustment s (COLA) whenever it is granted to the City’s executive management unit. (c) In addition to the base salary as set forth above in this A greement, Chief shall receive all fringe benefits provided under the Police Management Association Memorandum of Understanding (MOU), except as expressly modified in subsection (d) and (e) below. Chief shall be entitled to retirement health benefits at the same level as Police Management personnel hired before July 1, 1999.
(d) Incentive Pays. Employee shall be eligible for the following incentive pays:
a. Longevity Pay: Employee with more than 20 years of City service shall receive longevity pay equal to three (3) percent of base salary, paid every pay period, and reported to CalPERS as earned. b. Educational Incentive: Emplo yee is eligible for Educational Incentive Pay for completing a Master’s degree that enhance their ability to perform their job duties. Employee shall receive additional compensation equal to ten (10) percent of their base salary , paid every pay period, and reported to CalPERS as earned.
(e) City shall provide Chief with the Retiree Medical Account (RMA) as outlined in the Police Management Association MOU, except as follows:
4 1. Chief may bank accrued sick leave upon Retirement (Service or Disability Retirement) from City service into an RMA to defer out of pocket expenses for medical premium payments under the City’s group insurance program.

2. Chief must have a minimum of 480 hours of sick time on the books at the time of retirement;

3. For the purpose of determining eligibility for participation in the RMA program, the number of unused accrued sick leave hours will be calculated in the following manner:

The City will convert sick leave balances over 480 hours to an RMA at the employee’s base hourly rate at retirement. These monies can be used for medical-only premium amounts not covered by the City’s existing contribution to the retirement medical program.

4. The balance of sick leave hours will be converted on the following basis:

480 - 1000 hours - 60% of the value of all unused sick leave based on the employee’s base rate at
retirement.
1000 - 1500 hours - 80% of the value of all unused sick leave based on the employee’s base rate at
retirement.
1500 - 1750 hours - 100% of the value of all unused sick leave based on the employee’s base rate at
retirement.

5. The RMA is not subject to bearing interest. No lump sum cash payouts will be offered on the remaining balance of unused sick leave.

6. The amount of unused sick leave placed into the RMA will be converted into cash at the employee’s base rate at the time of retirement, and used to offset/defer costs associated with medical premium rates;

5 7. In the event the RMA has funds remaining at the time a retired employee dies, the spouse will continue to receive the benefit, in accordance with and under the terms of this program, unti l his/her death or until no funds remain.

8. The City Manager reserves and retains the right to hear and make determinations regarding any disputes caused by this provision of the MOU. Any determinations made in hearing a dispute will be made on a case by case basis, and will not be determined to be a past practice or official policy of the City.

9. Sick leave may continue to accrue without limit. However, the maximum Chief may bank upon retirement for the RMA is limited to 1,750 hours, as described above.

f) City shall provide Chief the use of a City-owned vehicle for personal and business use. City shall provide all maintenance, repairs, fuel, and insurance necessary for operation of said vehicle.
g) The Chief shall continue to pay the full nine percent (9%) cost of the CalPERS member contribution.
h) Chief shall take no more than ten (10) working days of vacation or leave at any given time without written approval by the City Manager. If the Chief requires more leave time than ten (10) working days, CHIEF shall provide City Manager with a minimum of 4 months prior notice.
i) Chief may not assign this Agreement in whole or in part. j) City may terminate this Agreement at any time without cause. Should City so terminate this Agreement it shall do so on thirty (30) days prior written notice to Chief and shall pay Chief a lump sum cash severance payment equal to six (6) months base salary.
6 k) If City terminates this Agreement (thereby terminating Employee’s Employment) with cause, Employee shall not be entitled to any severance. As used in this agreement, cause shall mean any of the following:
(a) Conviction of a felony;
(b) Conviction of a misdemeanor arising out of Employee’s duties under this Agreement and involving a willful or intentional violation of law;
(c) Willful abandonment of duties;
(d) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted policy decisions of the City Council made by the City Council as a body or persistent and willful violation of properly established rules and procedures; and
(e) Any other action or inaction by Employee that materially and substantially impedes or disrupts the performance of City or its organizational units, or is detrimental to employee safety or public safety.
l) In the event Chief voluntarily resigns his position with City, Chief shall give to City sixty (60) days written notice in advance, unless the parties agree otherwise.

Nothing in this Agreement , however, shall prevent, limit, or otherwise interfere with the right of Chief to resign at any time from his position with City subject only to this provision. m) City shall defend, hold harmless and indemnify Chief against any tort, professional liability claim or demand, or other legal action, whether groundless or 7 otherwise, arising out of an alleged act or omission occurring in the performance of the Chief’s duties and will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered there from to the extent specified in the California Government Code.
n) No amendments to this Agreement may be made except by a writing signed and dated by City and Chief.
o) If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. p) Chief acknowledges that he has had the opportunity and has conducted an independent review of the terms and conditions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement as of the dates set forth below opposite the name of each such party.

CITY OF BUENA PARK

Date: _____________ By: ____________________________
Aaron France, City Manager

POLICE CHIEF

Date: ______________ By: ____________________________ Bradley Geyer, Police Chief
8 ATTEST:

__________________________ (Seal)
Adria M. Vicuña, City Clerk
August 11, 2026

PUBLIC HEARING
Item No. 6A.

City Council Agenda Report
PUBLIC HEARING: CONSIDERATION OF ADOPTING A RESOLUTION AUTHORIZING THE CITY OF BUENAPARK TO JOIN THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY ANDPARTICIPATE IN THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM

PREPARED BY PRESENTED BY
Matt Foulkes, Director of Community and Economic
Development
Matt Foulkes, Director of Community and Economic
Development

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Matt Foulkes, Director of Community & Economic
Development Aaron France, City Manager

RECOMMENDED ACTION
Recommended Action: That the City Council consider adopting a Resolution authorizing the City of Buena Park to join the Statewide Community Infrastructure Program; authorizing the California Statewide Community Development Authority to accept applications from property owners, conduct special assessment proceedings and levy assessments within the territory of the City of Buena Park; approving form of acquisition agreement for use when applicable; and, authorizing related actions as provided for in the resolution.

PREVIOUS CITY COUNCIL ACTION
None.

DISCUSSION
The City Council recently approved entitlements for the redevelopment of the former Amway campus located at 5600 Beach Boulevard with new for-sale town homes and a senior apartment development. As part of that development project, the developer will be paying Development Impact Fees to the City for parks, water, sewer and traffic. The project applicant, Shopoff Realty Investments, has requested that the City consider joining the California Statewide Communities Development Authority (CSCDA) in order to avail the Developer to the Statewide Community Infrastructure Program (SCIP), which would allow the developer to finance the Development Impact Fees through the formation of a special assessment district. More specifically, and as described more below, the Development Impact Fees will be paid from the proceeds of bonds issued by the CSCDA under the SCIP program, with future owner(s) of the residential units being responsible for paying annual property assessments to repay the bonds.

The CSCDA is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties. Over 500 cities, counties and special districts throughout California are members of CSCDA. The (SCIP) was created by the CSCDA in 2002 to allow owners of property in participating cities and counties to finance the development related fees that would be payable by property owners upon receiving development entitlements or building permits through a pooled special assessment districts program and later expanded to include financing of public capital improvements constructed by developers and public services necessary to support development. Since its inception SCIP has issued over $1 billion in land secured special assessment and CFD bonds for development projects throughout the state.

If a property owner applies to participate in SCIP, and the City approves the application, the selected public capital improvements, facilities and/or development related fees owed to the City will be financed by the issuance of bonds by CSCDA. Property owners, in consultation with the City and the SCIP team, can opt to have CSCDA form either an assessment district or a community facilities district. CSCDA determines whether the project will be included in the SCIP pool program (where no one developer within the SCIP pool is responsible for the payment related to any other project) or, depending on the projected bond sizing and other factors, implemented as a stand-alone financing. In either case, CSCDA will form the appropriate district and impose an assessment or special tax, as applicable, on the owner’s property to repay the portion of the bonds issued to finance public capital improvements, facilities and/or development related fees. Future property owners within the development are responsible for paying annual assessments that will be paid / collected on an owner’s property tax bill until the bonds are paid in full (typically 20 to 30 years).

With respect to the financing of development-related fees, the property owner / Developer will either pay the development fees at the time of permit issuance and will be reimbursed from the SCIP bond proceeds when the SCIP bonds are issued, or the fees (or bond proceeds) will be funded directly from the proceeds of the SCIP bonds. In both cases, the bond proceeds are subject to requisition by the City at any time to pay expenditures subject to review and approval of the expenditure by the bond trustee. Because of the tax-exempt status of the bonds, the City must commit to expending all of the available bond proceeds (or impact fee revenues) within five years, and any cost / expense not approved by the trustee will need to be funded by the City from a different funding source.

If the Developer is required as part of a project to construct improvements to be dedicated to the City, the proposed SCIP Resolution includes a form of acquisition agreement to be used when such improvements are funded with SCIP bond proceeds, which outlines how a developer will be reimbursed for improvements as they are certified complete by the City. The acquisition agreement also includes covenants and limitations relating to the City’s use and management of the improvements during their useful life.

The benefits of SCIP to the City include:

As in conventional assessment district and CFD financing, the City is not liable to repay the bonds issued by CSCDA or the assessments or special taxes, as applicable, imposed on the participating properties.

CSCDA handles all district formation, district administration, bond issuance and bond administration functions. A participating city can provide tax-exempt financing to property owners through SCIP while committing virtually no staff time to administer the program.

The proposed Resolution authorizes CSCDA to accept applications from future developers within Buena Park to apply for tax-exempt financing of public capital improvements and development related fees through SCIP. It also authorizes CSCDA to form assessment districts and/or community facilities districts within the City's boundaries, conduct assessment and special tax proceedings and levy assessments and special taxes against the property of participating owners.

In addition to the funding of public capital improvements and development related fees, the proposed SCIP Resolution authorizes CSCDA to form community facilities districts within the City's boundaries to levy special taxes to fund public services necessitated by new development projects, if approved by the participating Developer.

Once an application is received by the participating Developer, and approved by the City, CSCDA handles all district formation and district administration. CSCDA will coordinate with the City annually to prepare the budget for the levy and will levy and collect the special taxes for disbursement to the City when collected.

The Resolution further outlines the terms of a joint community facilities agreement to be entered into between CSCDA and the City for each community facilities district, setting provisions for collection and application of the special tax for use when a community facilities district is formed and approves the form of an acquisition agreement to be entered into between the City and the participating property owner/developer to provide the procedure for disbursement of bond proceeds to pay for facilities constructed by the property owner/developer. It also authorizes miscellaneous related actions and makes certain findings and determinations required by law, a covenant from the City that the public improvements will be owned and managed by the City consistent with tax- exempt bond covenants.

This agreement and resolution have been reviewed by the City Attorney.

BUDGET IMPACT
There is no direct budget impact associated with this action. The requisitions process for the City to access bond proceeds to pay qualifying costs will require additional administration by the City compared to the current process.

Additionally, while the proceeds of all Development Impact Fees are restricted for the purpose collected, there are procedural and substantive restrictions on the use of tax-exempt bond proceeds which the City will need to monitor when programming these funds to avoid unintended budgetary impacts.

Attachments
CSCDA Resolution.pdf
Sample Acquisition Agreement.pdf
RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK ,

CALIFORNIA, AUTHORIZING THE CITY TO JOIN THE STATEWIDE
COMMUNITY INFRASTRUCTURE PROGRAM; AUTHORIZING THE

CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO

ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT SPECIAL

ASSESSMENT PROCEEDINGS AND LEVY ASSESSMENTS AND SPECIAL

TAXES AND TO FORM ASSESSMENT DISTRICTS AND COMMUNITY
FACILITIES DISTRICTS WITHIN THE CITY; OUTLINING THE TERMS OF A

JOINT COMMUNITY FACILITIES AGREEMENT FOR COMMUNITY
FACILITIES DISTRICT FINANCINGS; APPROVING FORM OF ACQUISITION AGREEMENT FOR USE WHEN APPLICABLE; AND AUTHORIZING RELATED

ACTIONS

A. Recitals.
(i) The California Statewide Communities Development Authority (the “Authority”) is a joint exercise of powers authority, lawfully formed and operating within the State pursuant to an agreement (the “Joint Powers Agreement”) entered into as of June 1, 1988 under the authority of Title 1, Division 7, Chapter 5 (commencing with Section 6500) of the California Government Code (the “JPA Law”), the members of which include numerous cities and counties in the State of California, including the City of Buena Park (the “Agency”); and (ii) The Joint Powers Agreement authorizes the Authority to undertake financing programs under any applicable provisions of State law to promote economic development, the stimulation of economic activity, and the increase of the tax base within the jurisdictional boundaries of its members (such members, the “Program Participants”); and (iii) As one of the Programs under the Joint Powers Agreement, the Authority has established the Statewide Community Infrastructure Program (“SCIP”) to allow the financing of certain public capital improvements to be constructed by or on behalf of property owners for acquisition by the City or another public agency (the “Improvements”) and improvements eligible for funding from certain development impact fees, capacity fees and/or other development related charges (the “Fees”) levied in accordance with the Mitigation Fee Act (California Government Code Sections 66000 and following) and other authority providing for the levy of fees and charges on new development to pay for public capital improvements (collectively, the “Fee Act”) through the levy of special assessments pursuant to the Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Improvement Bonds”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act”) upon the security of the unpaid special assessments; and
(iv) The “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 (beginning with Section 53311) of the Government Code of the State (the “Mello-Roos Act”) is an applicable provision of State law available to, among other Resolution No. ____
August 11, 2026

things, finance public improvements and public services (“Services”) necessary to meet increased demands placed upon local agencies as a result of development; and (v) The Authority also uses SCIP to allow the financing of Fees and Improvements through the levy of special taxes and the issuance of special tax bonds (the “Special Tax Bonds” and, together with the Improvement Bonds, the “Local Obligations”) under the Mello- Roos Act upon the security of the special taxes and to allow the financing of Services through the levy of special taxes under the Mello-Roos Act; and (vi) The City desires to allow the owners of property being developed within its jurisdiction (“Participating Developers”) to participate in SCIP and to allow the Authority to conduct proceedings and to form community facilities districts (“CFDs”) and to issue Local Obligations under the Mello-Roos Act, as well as to conduct assessment proceedings to form assessment districts (“Assessment Districts”) under the 1913 Act and to issue Local Obligations under the 1915 Act, to finance Fees levied on such properties and Improvements, provided that such Participating Developers voluntarily agree to participate and consent to the levy of the assessments or special taxes, as applicable; and (vii) The City desires to allow the Participating Developers to participate in SCIP and to allow the Authority to conduct proceedings and to form CFDs to levy special taxes to finance Services, provided that such Participating Developers voluntarily agree to participate and consent to the levy of such special taxes; and
(viii) From time to time when eligible property owners within the jurisdiction of the Agency elect to be Participating Developers, the Authority will conduct proceedings under the 1913 Act and the Mello- Roos Act and issue Local Obligations under the 1915 Act and the Mello-Roos Act to finance Fees and Improvements and, at the conclusion of such proceedings, will levy assessments or special taxes, as applicable on such property within the territory of the Agency; and
(ix) Both the Authority and the City are “local agencies” under the Mello- Roos Act; and
(x) The Mello- Roos Act permits two or more local agencies to enter into a joint community facilities agreement to exercise any power authorized by the Mello-Roos Act; and (xi) The Agency desires to enter into such joint community facilities agreements with the Authority from time to time to authorize the Authority to form CFDs from time to time within the territorial limits of the Agency to finance Fees, Improvements and Services necessitated by new development; and
(xii) There has been presented to this meeting a proposed form of Resolution of Intention to be adopted by the Authority in connection with assessment proceedings (the “ROI”), a copy of which is attached hereto as Exhibit A , and the territory within which assessments may be levied for SCIP (provided that each Participating Developer consents to such assessment) shall be coterminous with the Agency’s official boundaries of record at the time of adoption of such ROI, and reference is hereby made to such boundaries for the plat or map required to be included in this resolution (this “Resolution”) pursuant to Section 10104 of the Streets and Highways Code; and
Resolution No. ____
August 11, 2026

(xiii) There has also been presented to this meeting a proposed form of Acquisition Agreement (the “Acquisition Agreement”), a copy of which has been made available to the City Council and is on file with the City Clerk, to be approved as to form for use with respect to any Improvements to be constructed and installed by a Participating Developer and for which the Participating Developer requests acquisition financing as part of its SCIP application; and
(xiv) The City will not be responsible for the conduct of any proceedings; the levy or collection of assessments or special taxes or any required remedial action in the case of delinquencies in such assessment or special tax payments; or the issuance, sale or administration of the Local Obligations or any other bonds issued in connection with SCIP; and
(xv) The Authority periodically issues Local Obligations on behalf of the local agency participants in SCIP to provide financing for the Fees and Improvements; and (xvi) Where the Authority determines a project is eligible for a SCIP pooled issuance, the Authority issues revenue bonds pursuant to the Marks -Roos Local Bond Pooling Act of 1985, consisting of Article 4 (commencing with Section 6584) of Chapter 5, Division 7, Title 1 of the California Government Code (the “Marks-Roos Act”) concurrently with the issuance of Local Obligations, the proceeds of which are used to purchase the Local Obligations; and (xvii) Pursuant to Government Code Section 6586.5, notice was published at least five days prior to the adoption of this R esolution at a public hearing, which was duly conducted by this City Council concerning the significant public benefits of SCIP and the financing of the Improvements and the public capital improvements to be paid for with the proceeds of the Fees; and
(xviii) All legal prerequisites to the adoption of this Resolution have occurred.

B. Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BUENA PARK, does hereby find, determine and resolve as follows:

1. The City Council hereby specifically finds that all facts set forth in the Recitals, Part A, of this Resolution are true and correct and are incorporated herein by this reference.

2. This Resolution shall constitute full “local approval,” under Section 9 of the Joint Powers Agreement, for the issuance of bonds by the Authority from time to time in accordance herewith and the issuance of any refunding bonds therefor.

3. The City hereby consents to the conduct of special assessment proceedings by the Authority in connection with SCIP pursuant to the 1913 Act and the issuance of Local Obligations under the 1915 Act on any property within the Proposed Boundaries; provided, that:
a. Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the ROI; and
Resolution No. ____
August 11, 2026

b. The Participating Developers, who shall be the legal owners of such property at the time of the formation of the Assessment District, execute a written consent to the levy of assessments in connection with SCIP by the Authority and execute an assessment ballot in favor of such assessment in compliance with the requirements of Section 4 of Article XIIID of the State Constitution.

4. The City hereby consents to the conduct of proceedings by the Authority under the Mello- Roos Act to form CFDs with boundaries that shall be coterminous with the Agency’s official boundaries of record at the time of such proceedings or any portion thereof (the “Proposed Boundaries”), and to authorize a special tax and to issue bonds with respect thereto; provided that the Participating Developers, who shall be the legal owners of such property at the time of formation of the CFD, execute a written consent to the levy of special tax in connection with SCIP by the Authority and execute a ballot in favor of the formation of such CFD and the Mello-Roos Act. The City approves the use of the local goals and policies adopted by the Authority under Section 53312.7 of the Mello- Roos Act in connection with the formation of CFDs.

5. CFDs formed by the Authority may finance any or all of the facilities, fees and services authorized under the Mello- Roos Act. The appropriate officials and staff of the City are hereby authorized and directed to cooperate with the Authority and the Authority’s special tax consultant and other consultants to determine facilities, fees and services to be financed within each CFD and to calculate the appropriate level of the special tax to fund the Services for each CFD in connection with initial formation and in connection with the annual levy. The facilities are referred to herein as the “Improvements,” and the Improvements to be owned by the City are referred to as the “City Improvements.” The Fees paid or to be paid to the City are referred to as the “City Fees”. The Services funded are referred to as “Services”, and Services to be provided by the City are referred to as the “City Services”.

Improvements, Fees or Services to be owned, used or provided by another local agency (a “Third Party Local Agency”), the Authority will separately identify them in its proceedings and will enter into a joint community facilities agreement with such Third Party Local Agency as required by the Mello-Roos Act. The City acknowledges that Improvements and Fees will be funded through a CFD only if they are necessary to meet increased demands placed upon the City as a result of development occurring or expected to occur within the proposed CFD and Services will be funded through a CFD only if they are in addition to those provided in the territory of the CFD before the CFD was created and will not supplant existing services.

In connection with the formation of each CFD, as may be required by the Authority’s procedures, the City shall certify that such requirements are satisfied in form and substance satisfactory to the Authority.

6. This Resolution sets the terms of a “joint community facilities agreement” (as defined in Section 53316.2 of the Mello- Roos Act) between the City and the Authority.

Adoption of each Resolution of Intention to form a CFD under the Mello- Roos Act to finance City Improvements, City Fees or City Services shall constitute acceptance of the terms hereof by the Authority with respect to such CFD. This Resolution and the Authority’s Resolution of Intention for the respective CFDs shall together embody a separate and independent joint community facilities agreement for each CFD formed by the Authority (the “Joint Agreement”). The City Council hereby finds and determines that this resolution and each Joint Agreement are beneficial to the residents/customers of the City and are in the best interests of the residents of the City , and of the future residents of the area within the proposed CFDs.

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7. Proceeds from the sale of Local Obligations and CFD special tax proceeds available to finance the Improvements shall be deposited in one or more special funds for each development project (the “Acquisition and Construction Fund”), which the Authority shall establish and maintain for so long as such proceeds remain. The Acquisition and Construction Fund will be available both for City Improvements and City Fees and for the Improvements and Fees pertaining to each Third-Party Local Agency. Subaccounts shall be created as necessary. The Authority shall promptly provide notice in writing (which may be delivered by electronic means) to the City as to the amount of Local Obligation proceeds or special taxes made available to finance Improvements and Fees. The Authority will remit any special tax revenues from any particular CFD remaining after the final retirement of all related Local Obligations to the City and to the other local agencies in the proportions specified in the Authority’s proceedings. The City will apply any such special tax revenues it receives for authorized City Improvements, City Fees and/or Agency Services, as applicable, and its own administrative costs only as permitted by respective CFD proceedings and by the Mello-Roos Act.

8. As respects the Authority and each Third Party Local Agency, the City agrees to fully administer, and to take full governmental responsibility for, the construction or acquisition of the City Improvements and for the administration and expenditure of the City Fees, as applicable, including but not limited to environmental review, approval of plans and specifications, bid requirements, performance and payment bond requirements, insurance requirements, contract and construction administration, staking, inspection, acquisition of necessary property interests in real or personal property, the holding back and administration of retention payments, punch list administration, and the Authority and each Third Party Local Agency shall have no responsibility in that regard. The City reserves the right, as respects each Participating Developer, to require the Participating Developer to contract with the City to assume any portion or all of this responsibility.

9. The City agrees to indemnify and to hold the Authority, its other members, and its other members’ officers, agents and employees, and each Third Party Local Agency and their officers, agents and employees (collectively, the “Indemnified Parties”) harmless from any and all claims, suits and damages (including costs and reasonable attorneys’ fees) arising out of the design, engineering, construction and installation of the City Improvements and the improvements to be financed or acquired with the City Fees. The City reserves the right, as respects each Participating Developer, to require the Participating Developer to assume by contract with the City any portion or all of this responsibility.

10. As respects the Authority and each Third Party Local Agency, the City agrees – once the City Improvements are constructed according to the approved plans and specifications, and the City and the Participating Developer have put in place their agreed arrangements for the funding of maintenance of the City Improvements – to accept ownership of the City Improvements, to take maintenance responsibility for the City Improvements, and to indemnify and hold harmless the Indemnified Parties to the extent provided in the preceding paragraph from any and all claims, etc., arising out of the use and maintenance of the City Improvements. The City reserves the right, as respects the Participating Developer, to require the Participating Developer by contract with the City to assume any portion or all of this responsibility.

11. The form of the Acquisition Agreement presented to the City Council, and has been presented to the City Council (the “Joint Agreement”) and the City Manager, Mayor, or any such officer’s designee (each, an “Authorized Signatory”) are each individually Resolution No. ____
August 11, 2026

authorized to execute, and deliver to the Participating Developer, the Acquisition Agreement on behalf of the City in substantially that form, with such changes as shall be approved by the Authorized Signatory after consultation with the City Attorney and the Authority’s bond counsel, such approval to be conclusively evidenced by the execution and delivery thereof.

12. The terms of this Resolution and each Joint Agreement embodied by this Resolution may be amended by a writing duly authorized, executed and delivered by the City and the Authority, except that no amendment may be made after the issuance of the Local Obligations by the Authority that would be detrimental to the interests of the bondholders without complying with all of the bondholder consent provisions for the amendment of the bond resolutions, bond indentures or like instruments governing the issuance, delivery and administration of all outstanding Local Obligations.

13. Except to the extent of the indemnifications extended to each Third Party Local Agency in each Joint Agreement embodied by this R esolution, and the City’s agreement to take responsibility for and ownership of the City Improvements, no person or entity, including the Participating Developer, shall be deemed to be a third party beneficiary of this Resolution, and nothing in this Resolution (either express or implied) is intended to confer upon any person or entity other than the Authority and the City (and their respective successors and assigns) any rights, remedies, obligations or liabilities under or by reason of this Resolution.

14. The City hereby finds and declares that the issuance of revenue bonds by the Authority to purchase Local Obligations, and the issuance of bonds to refund such revenue bonds, in connection with SCIP will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs, and the more efficient delivery of local City services to residential and commercial development within the City.

15. The Authority has prepared and will update from time to time the “SCIP Manual of Procedures” (the “Manual”), and the City will handle bond proceeds and special tax collections for properties participating in SCIP in accordance with the procedures set forth in the Manual.

16. The appropriate officials and staff of the City are hereby authorized and directed to make SCIP applications available to all property owners who are subject to Fees for new development within the City and/or who are conditioned to install Improvements and/or whose plans for new development within the City necessitate new or increased levels of Services and to inform such owners of their option to participate in SCIP; provided, that the Authority shall be responsible for providing such applications and related materials at its own expense. The City shall designate appropriate staff who shall be responsible for coordination with the Authority, and shall provide the appropriate contact information to the Authority from time to time.

17. The Authority will administer the Assessment Districts and CFDs, including employing and paying all consultants, annually levying the assessments and special tax and all aspects of paying and administering the Local Obligations, and complying with all State and Federal requirements appertaining to the proceedings, including the requirements of the United States Internal Revenue Code. The City will cooperate fully with the Authority in respect of the requirements of the Internal Revenue Code and to the extent information is required of the City to enable the Authority to perform its disclosure and continuing Resolution No. ____
August 11, 2026

disclosure obligations with respect to the Local Obligations and any revenue bonds, although the City will not participate in nor be considered to be a participant in the proceedings respecting the CFDs (other than as a party to each Joint Agreement) nor will the City be or be considered to be an issuer of the Local Obligations nor any revenue bonds.

The appropriate officials and staff of the City are hereby authorized and directed to execute and deliver such certificates, requisitions, agreements and related documents, including but not limited to such documents as may be required by bond counsel in connection with the participation in SCIP of any districts, authorities or other third -party entities entitled to own Improvements and/or to levy and collect Fees on new development to pay for public capital improvements within the jurisdiction of the City , as are reasonably required by the Authority in accordance with the Manual to implement SCIP and to evidence compliance with the requirements of federal and state law in connection with the issuance by the Authority of the Local Obligations and any other bonds for SCIP. Further, all amendments, consents, approvals, notices, orders, requests and other actions permitted or required by this Resolution, any Joint Agreement, or any document executed in connection with Local Obligations and revenue bonds issued by the Authority, which may be necessary or desirable in connection with the formation of any Assessment District or CFD, issuance of Local Obligations, or administration of proceeds of Local Obligations or special taxes may be given or taken by any Authorized Signatory or other appropriate official of the City without further authorization by this City Council.

18. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the Secretary of the Authority. This Resolution shall remain in force with respect to any Assessment District and CFD formed until all Local Obligations have been retired and the authority to levy the special tax conferred by any CFD proceedings and to levy the assessment conferred by any assessment proceedings has ended or is otherwise terminated.

PASSED AND ADOPTED this 11th day of August, 2026 by the following vote, to wit:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

____________________________
Mayor
ATTEST:

___________________________
City Clerk

Resolution No. ____
August 11, 2026

I, Adria M. Vicuna, City Clerk of the City of Buena Park, California, do hereby certify that the foregoing ordinance was introduced and passed at a regular meeting of the City Council of the City of Buena Park held on the 11th day of August, 2026.

_____________________________
City Clerk

A-9

EXHIBIT A TO THE RESOLUTION

FORM OF RESOLUTION OF INTENTION

TO BE ADOPTED BY CSCDA
For Assessment Districts Only
RESOLUTION NO. __SCIP-

RESOLUTION OF INTENTION OF THE CALIFORNIA STATEWIDE

COMMUNITIES DEVELOPMENT AUTHORITY TO FINANCE CAPITAL

IMPROVEMENTS AND/OR THE PAYMENT OF DEVELOPMENT RELATED

FEES FOR PUBLIC CAPITAL IMPROVEMENTS IN THE PROPOSED

STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM ASSESSMENT
DISTRICT NO. ___ ([NAME OF PROJECT]) CITY OF BUENA PARK, COUNTY OF [___], APPROVING A PROPOSED BOUNDARY MAP, MAKING CERTAIN

DECLARATIONS, FINDINGS AND DETERMINATIONS CONCERNING

RELATED MATTERS, AND AUTHORIZING RELATED ACTIONS IN

CONNECTION THEREWITH
WHEREAS, under the authority of the Municipal Improvement Act of 1913 (the “1913 Act”), being Division 12 (commencing with Sections 10000 and following) of the California Streets and Highways Code (the “Code”), the Commission (the “Commission”) of the California Statewide Communities Development Authority (the “Authority”) intends to finance, through its Statewide Community Infrastructure Program, the payment of certain development impact fees, capacity fees and/or other development related charges for public improvements (the “Improvement Fees”) and/or to finance certain public capital improvements to be constructed by or on behalf of the property owner(s) and to be acquired by the [ City/County of __] or another local agency (the “Improvements”) as described in Exhibit A attached hereto and by this reference incorporated herein, all of which are of benefit to the property within the proposed Statewide Community Infrastructure Program Assessment District No. ___ ([ name of project]) City of [__], County of [__] (the “Assessment District”); WHEREAS, the Commission finds that the land specially benefited by the Improvements and/or the Improvement Fees is shown within the boundaries of the map entitled “Proposed Boundaries of California Statewide Communities Development Authority Statewide Community Infrastructure Program Assessment District No. ___ ([ name of project ]) City of [__], County of [__],” a copy of which map is on file with the Secretary and presented to this Commission meeting, and determines that the land within the exterior boundaries shown on the map shall be designated “Statewide Community Infrastructure Program Assessment District No. ___ ([ name of project]) City of [__], County of [__]”;
WHEREAS, the City of Buena Park is a member of the Authority and has approved the adoption on its behalf of this Resolution of Intention and has consented to the levy of the assessments in the Assessment District;
NOW, THEREFORE, BE IT RESOLVED that the Commission of the California Statewide Communities Development Authority hereby finds, determines and resolves as follows:

Section 1. The above recitals are true and correct.

Resolution No. ____
August 11, 2026

Section 2. Pursuant to Section 2961 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the “1931 Act”), being Division 4 (commencing with Section 2800) of the Code, the Commission hereby declares its intent to comply with the requirements of the 1931 Act by complying with Part 7.5 thereof.

Section 3. The Commission has designated a registered, professional engineer as Engineer of Work for this project, and hereby directs said firm to prepare the report containing the matters required by Sections 2961(b) and 10204 of the Code, as supplemented by Section 4 of Article XIIID of the California Constitution.

Section 4. The proposed boundary map of the Assessment District is hereby approved and adopted. Pursuant to Section 3111 of the Code, the Secretary of the Authority is directed to file a copy of the map in the office of the County Recorder of the [County of __________] within fifteen (15) days of the adoption of this resolution.

Section 5. The Commission determines that the cost of financing the Improvements and/or the payment of the Improvement Fees shall be specially assessed against the lots, pieces or parcels of land within the Assessment District benefiting from the financing of the Improvements and/or the payment of the Improvement Fees. The Commission intends to levy a special assessment upon such lots, pieces or parcels in accordance with the special benefit to be received by each such lot, piece or parcel of land, respectively, from the financing of the Improvements and/or the payment of the Improvement Fees.

Section 6. The Commission intends, pursuant to subparagraph (f) of Section 10204 of the Code, to provide for an annual assessment upon each of the parcels of land in the proposed Assessment District to pay various costs and expenses incurred from time to time by the Authority and not otherwise reimbursed to the Authority which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the various funds and accounts pertaining thereto.

Section 7. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10 of the Code), and the last installment of the bonds shall mature not to exceed twenty -nine (29) years from the second day of September next succeeding twelve (12) months from their date.

Section 8. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1 thereof.

Section 9. Neither the Authority nor any member agency thereof will obligate itself to advance available funds from its or their own funds or otherwise to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the Authority or any such member agency from, in its sole discretion, so advancing funds.

Section 10. The amount of any surplus remaining in the improvement fund after acquisition of the Improvements and/or payment of Improvement Fees and all other claims shall be distributed in accordance with the provisions of Section 10427.1 of the Code.

Section 11. To the extent any Improvement Fees are paid to the Authority in cash with respect to property within the proposed Assessment District prior to the date of issuance of Resolution No. ____
August 11, 2026

the bonds, the amounts so paid shall be reimbursed from the proceeds of the bonds to the property owner or developer that made the payment.

PASSED AND ADOPTED by the California Statewide Communities Development Authority this ___ day of ______, 20__.

I, the undersigned, an Authorized Signatory of the California Statewide Communities Development Authority, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Commission of the Authority at a duly called meeting of the Commission of the Authority held in accordance with law on _____ __ , 20__.

By
Authorized Signatory
California Statewide Communities
Development Authority

EXHIBIT A TO THE RESOLUTION OF INTENTION

DESCRIPTION OF WORK
The payment of development impact fees, capacity fees and/or other development related charges levied within the Assessment District and/or public capital improvements to be acquired and owned by the City of Buena Park or another local agency upon or for the benefit of parcels within the Assessment District, for the project known as [Project Name], which are authorized to be financed pursuant to the Municipal Improvement Act of 1913 and as to which the owners of the applicable parcels within the Assessment District have applied for participation in SCIP, as more particularly described below.

PAYMENT OF IMPACT FEES, CAPACITY FEES AND/OR OTHER DEVELOPMENT

RELATED CHARGES
CAPITAL IMPROVEMENTS*

*Capital improvements includes funding for incidental costs associated with the capital improvements, including but not limited to, contingency, design, engineering, and construction management
[End of Form of Resolution of Intention]

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FORM OF ACQUISITION AGREEMENT
_____________________

CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY

STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM

ACQUISITION AGREEMENT

BY AND BETWEEN

CITY OF BUENA PARK
AND
[DEVELOPER]

Dated as of _______, 20__

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ACQUISITION AGREEMENT
Recitals
A. The parties to this Acquisition Agreement (the “Agreement”) are the CITY OF BUENA PARK, (the “Local Agency”), and [DEVELOPER], a [ indicate type of legal entity ] (the “Developer”).

B. The effective date of this Agreement is ________, 20__.

C. The Developer has applied for the financing of, among other things, certain public capital improvements to be owned by the Local Agency (collectively, the “Acquisition Improvements”) through the California Statewide Communities Development Authority (the “Authority”) and its Statewide Community Infrastructure Program (“SCIP”). [ For CFDS:][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through a community facilities district which will be administered by the Authority under and pursuant to the Mello- Roos Community Facilities Act of 1982 – California Government Code Sections 53311 and following (the “Act”).

On [__________], 20[_], the Local Agency entered into a Joint Community Facilities Agreement authorizing the Authority to form a community facilities district (the “District”) within the territorial limits of the Local Agency to finance, among other things, the Acquisition Improvements. On [__________], 20[_], the Authority formed the District and, on the same date, a landowner election was conducted in which all of the votes were cast unanimously in favor of conferring the District authority on the Authority Commission.] [ For Assessment Districts:][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through an assessment district (the “District”) which will be administered by the Authority under and pursuant to Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Local Obligations”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act” and, together with the “1913 Act” the “Act”).]
D. The administration, payment and reimbursement of the capital facilities fees is agreed to be governed by the provisions of the SCIP Manual of Procedures as it may be amended from time to time. The administration, payment and reimbursement of the Acquisition Improvements shall be as provided herein.

E. Under SCIP, the Authority intends to levy [assessments] [special taxes] and issue bonds, in one or more series, to fund, among other things, all or a portion of the costs of the Acquisition Improvements. The portion of the proceeds of the [special taxes and] bonds allocable to the cost of the Acquisition Improvements, together with interest earned thereon, is referred to herein as the “Available Amount”.

F. The Authority will provide financing for the acquisition by the Local Agency of the Acquisition Improvements and the payment of the Acquisition Price (as defined herein) of the Acquisition Improvements from the Available Amount. Attached hereto as Exhibit A is a description of the Acquisition Improvements, which includes authorized discrete and usable

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portions, if any, of the public capital improvements, [pursuant to Section 53313.51 of the Act,] to be acquired from the Developer.

G. The parties anticipate that, upon completion of the Acquisition Improvements and subject to the terms and conditions of this Agreement, the Local Agency will acquire such completed Acquisition Improvements with the Available Amount.

H. Any and all monetary obligations of the Local Agency arising out of this Agreement are the special and limited obligations of the Local Agency payable only from the Available Amount, and no other funds whatsoever of the Local Agency shall be obligated therefor.

I. Attached to this Agreement are Exhibit A (Acquisition Improvements and the Eligible Portions thereof) and Exhibit B (Form of Requisition), which are incorporated into this Agreement for all purposes.

In consideration of Recitals A through I, inclusive, and the mutual covenants, undertakings and obligations set forth below, the Local Agency and the Developer agree as stated below.

Agreement

ARTICLE I

DEFINITIONS; DISTRICT FORMATION AND

FINANCING PLAN
Section 1.01. Definitions. As used herein, the following capitalized terms shall have the meanings ascribed to them below:
“Acceptable Title” means free and clear of all monetary liens, encumbrances, assessments, whether any such item is recorded or unrecorded, and taxes, except those items which are reasonably determined by the Local Agency Engineer not to interfere with the intended use and therefore are not required to be cleared from the title. “Acquisition and Construction Fund” means the “City of Buena Park Acquisition and Construction Fund” established by the Authority pursuant to Section 1.03 hereof for the purpose of paying the Acquisition Price of the Acquisition Improvements and which fund may be held as a subaccount within a fund established under the Authority Trust Agreement and may be commingled with acquisition and construction fund monies available for other public capital improvements.
“Acquisition Improvement” shall have the meaning assigned to such term in the recitals and are further described in Exhibit A.
“Acquisition Price” means the total amount eligible to be paid to the Developer upon acquisition of an Acquisition Improvement as provided in Section 2.03 not to exceed the Actual Cost of the Acquisition Improvement.

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“Act” has the meaning ascribed thereto in Recital C.
“Actual Cost” means the total cost of an Acquisition Improvement, as documented by the Developer to the satisfaction of the Local Agency and as certified by the Local Agency Engineer in an Actual Cost Certificate including, without limitation, (a) the Developer’s cost of constructing such Acquisition Improvement including grading, labor, material and equipment costs, (b) the Developer’s cost of designing and engineering the Acquisition Improvement, preparing the plans and specifications and bid documents for such Acquisition Improvement, and the costs of inspection, materials testing and construction staking for such Acquisition Improvement, (c) the Developer’s cost of any performance, payment and maintenance bonds and insurance, including title insurance, required hereby for such Acquisition Improvement, (d) the Developer’s cost of any real property or interest therein that is either necessary for the construction of such Acquisition Improvement (e.g., temporary construction easements, haul roads, etc.), or is required to be conveyed with such Acquisition Improvement in order to convey Acceptable Title thereto to the Local Agency or its designee, (e) the Developer’s cost of environmental evaluation or mitigation required for such Acquisition Improvement, (f) the amount of any fees actually paid by the Developer to governmental agencies in order to obtain permits, licenses or other necessary governmental approvals and reviews for such Acquisition Improvement, (g) the Developer’s cost for construction and project management, administration and supervision services for such Acquisition Improvement, (h) the Developer’s cost for professional services related to such Acquisition Improvement, including engineering, accounting, legal, financial, appraisal and similar professional services, and (i) the costs of construction financing incurred by the Developer with respect to such Acquisition Improvement. “Actual Cost Certificate” means a certificate prepared by the Developer detailing the Actual Cost of an Acquisition Improvement, or an Eligible Portion thereof, to be acquired hereunder, as may be revised by the Local Agency Engineer pursuant to Section 2.03. “Agreement” means this Acquisition Agreement, dated as of [_______________], 20[_]. “Authority” means the California Statewide Communities Development Authority. “Authority Trust Agreement” means a Trust Agreement entered into by the Authority and an Authority Trustee in connection with the issuance of bonds. “Authority Trustee” means the financial institution identified as trustee in an Authority Trust Agreement.
“Available Amount” shall have the meaning assigned to the term in Recital E. “Bonds” means bonds or other indebtedness issued by the Authority as tax- exempt or taxable bonds or other indebtedness, in one or more series, that is to be repaid by the District. “Code” means the Streets and Highways Code or the Government Code of the State of California, as applicable.
“Developer” means [Developer], its successors and assigns.

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“Disbursement Request Form” means a requisition for payment of funds from the Acquisition and Construction Fund for an Acquisition Improvement, or an Eligible Portion thereof in substantially the form contained in Exhibit B hereto. “District” shall have the meaning assigned to the term in Recital C. “Eligible Portion” shall have the meaning ascribed to it in Section 2.03 below. “Installment Payment” means an amount equal to ninety percent (90%) of the Actual Cost of an Eligible Portion.
“Local Agency” means the City of Buena Park.
“Local Agency Engineer” means the Engineer of the Local Agency or his/her designee who will be responsible for administering the acquisition of the Acquisition Improvements hereunder.
“Project” means the Developer’s development of the property in the District, including the design and construction of the Acquisition Improvements and the other public and private improvements to be constructed by the Developer within the District. [“Special Taxes” means annual special taxes, and prepayments thereof, authorized by the District to be levied by the Commission of the Authority.] “Title Documents” means, for each Acquisition Improvement acquired hereunder, a grant deed or similar instrument necessary to transfer title to any real property or interests therein (including easements), or an irrevocable offer of dedication of such real property with interests therein necessary to the operation, maintenance, rehabilitation and improvement by the Local Agency of the Acquisition Improvement (including, if necessary, easements for ingress and egress) and a bill of sale or similar instrument evidencing transfer of title to the Acquisition Improvement (other than said real property interests) to the Local Agency, where applicable.

Section 1.02. Participation in SCIP. The Local Agency has adopted a resolution authorizing the Authority to accept applications from time to time of developers within the Local Agency’s jurisdictional boundaries. Developer has applied for financing through SCIP of the Acquisition Improvements, and such application has been approved by the Local Agency. [ For CFDs:][The terms of a joint community facilities agreement identifying the Acquisition Improvements and the terms and conditions for the District were embodied within the Local Agency Resolution and were accepted by the Authority with respect to the District.] Developer and Local Agency agree that until and unless such financing is completed by the Authority and the Available Amount is deposited in the Acquisition and Construction Fund (as defined in Section 1.03 below ), neither the Developer nor the Local Agency shall have any obligations under this Agreement. Developer agrees to cooperate with the Local Agency and the Authority in the completion of SCIP financing for the Acquisition Improvements.

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Section 1.03. Deposit and Use of Available Amount.
(a) Upon completion of the SCIP financing, the Available Amount will be deposited by the Authority in the Acquisition and Construction Fund. (b) The Authority will cause the Authority Trustee to establish and maintain an account (the “Acquisition and Construction Fund”) for the purpose of holding all funds for the Acquisition Improvements. All earnings on amounts in the Acquisition and Construction Fund shall remain in the Acquisition and Construction Fund for use as provided herein and pursuant to the Authority Trust Agreement. Money in the Acquisition and Construction Fund shall be available to respond to delivery of a Disbursement Request Form and to be paid to the Developer or its designee to pay the Acquisition Price of the Acquisition Improvements, as specified in Article II hereof. Upon completion of all of the Acquisition Improvements and the payment of all costs thereof, any remaining funds in the Acquisition and Construction Fund (less any amount determined by the Local Agency as necessary to reserve for claims against the account) (i) shall be applied to pay the costs of any additional Acquisition Improvements eligible for acquisition with respect to the Project as approved by the Authority and, to the extent not so used, (ii) shall be applied by the Authority [to call Bonds or to reduce Special Taxes as the Authority shall determine][as provided in Section 10427.1 of the Code to pay a portion of the assessments levied on the Project property in the District].

Section 1.04. No Local Agency Liability; Local Agency Discretion; No Effect on Other Agreements . In no event shall any actual or alleged act by the Local Agency or any actual or alleged omission or failure to act by the Local Agency with respect to SCIP subject the Local Agency to monetary liability therefor. Further, nothing in this Agreement shall be construed as affecting the Developer’s or the Local Agency’s duty to perform their respective obligations under any other agreements, public improvement standards, land use regulations or subdivision requirements related to the Project, which obligations are and shall remain independent of the Developer’s and the Local Agency’s rights and obligations under this Agreement.

ARTICLE II

DESIGN, CONSTRUCTION AND ACQUISITION OF ACQUISITION IMPROVEMENTS Section 2.01. Letting and Administering Design Contracts. The parties presently anticipate that the Developer has awarded and administered or will award and administer engineering design contracts for the Acquisition Improvements to be acquired from Developer.

All eligible expenditures of the Developer for design engineering and related costs in connection with the Acquisition Improvements (whether as an advance to the Local Agency or directly to the design consultant) shall be reimbursed at the time of acquisition of such Acquisition Improvements. The Developer shall be entitled to reimbursement for any design costs of the Acquisition Improvements only out of the Acquisition Price as provided in Section 2.03 and shall not be entitled to any payment for design costs independent of or prior to the acquisition of Acquisition Improvements.

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Section 2.02. Letting and Administration of Construction Contracts; Indemnification. State law requires that all Acquisition Improvements not completed prior to the formation of the District shall be constructed as if they were constructed under the direction and supervision, or under the authority, of the Local Agency. In order to assure compliance with those provisions, except for any contracts entered into prior to the date hereof, Developer agrees to comply with any applicable requirements of the Local Agency with respect to the bidding and contracting for the construction of the Acquisition Improvements. The Developer agrees that all the contracts shall call for payment of prevailing wages as required by the Labor Code of the State of California. The Developer’s indemnification obligation set forth in Section 3.01 of this Agreement shall also apply to any alleged failure to comply with the requirements of this Section, and/or applicable State laws regarding public contracting and prevailing wages.

Section 2.03. Sale of Acquisition Improvements. The Developer agrees to sell to the Local Agency each Acquisition Improvement to be constructed by Developer (including any rights-of-way or other easements necessary for the Acquisition Improvements, to the extent not already publicly owned), when the Acquisition Improvement has been constructed and is complete to the satisfaction of the Local Agency for an amount not to exceed the lesser of (i) the Available Amount or (ii) the Actual Cost of the Acquisition Improvement. Exhibit A, attached hereto and incorporated herein, contains a list of the Acquisition Improvements. Portions of an Acquisition Improvement eligible for Installment Payments prior to completion of the entire Acquisition Improvement are described as eligible, discrete and usable portions in Exhibit A (each, an “Eligible Portion”). At the time of completion of each Acquisition Improvement, or Eligible Portion thereof, the Developer shall deliver to the Local Agency Engineer a written request for acquisition, accompanied by an Actual Cost Certificate, and by executed Title Documents for the transfer of the Acquisition Improvement where necessary. In the event that the Local Agency Engineer finds that the supporting paperwork submitted by the Developer fails to demonstrate the required relationship between the subject Actual Cost and eligible work, the Local Agency Engineer shall advise the Developer that the determination of the Actual Cost (or the ineligible portion thereof) has been disallowed and shall request further documentation from the Developer. If the further documentation is still not adequate, the Local Agency Engineer may revise the Actual Cost Certificate to delete any disallowed items and the determination shall be final and conclusive.

Certain soft costs for the Acquisition Improvements, such as civil engineering, may have been incurred pursuant to single contracts that include work relating also to the private portions of the Project. In those instances, the total costs under such contracts will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. Where a specific contract has been awarded for design or engineering work relating solely to an Acquisition Improvement, one hundred percent (100%) of the costs under the contract will be allocated to that Acquisition Improvement. Amounts allocated to an Acquisition Improvement will be further allocated among the Eligible Portions of that Acquisition Improvement, if any, in the same proportion as the amount to be reimbursed for hard costs for each Eligible Portion bears to the amount to be reimbursed for hard costs for the entire Acquisition Improvement. Costs will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. The costs of certain environmental mitigation required to mitigate impacts of the public and private portions of the Project will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer.

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In the event that the Actual Cost is in excess of the Available Amount, the Local Agency shall withdraw the Available Amount from the Acquisition and Construction Fund and transfer said amount to the Developer. In the event that the Actual Cost is less than the Available Amount, the Local Agency shall withdraw an amount from the Acquisition and Construction Fund equal to the Actual Cost, and shall transfer said amount to the Developer. Any amounts then remaining in the Acquisition and Construction Fund shall be applied as provided in Section 1.03.

In no event shall the Local Agency be required to pay the Developer more than the amount on deposit in the Acquisition and Construction Fund at the time such payment is requested.

Section 2.04. Conditions Precedent to Payment of Acquisition Price. Payment to the Developer or its designee of the Acquisition Price for an Acquisition Improvement from the Acquisition and Construction Fund shall in every case be conditioned first upon the determination of the Local Agency Engineer, pursuant to Section 2.03, that the Acquisition Improvement satisfies all Local Agency regulations and ordinances and is otherwise complete and ready for acceptance by the Local Agency, and shall be further conditioned upon satisfaction of the following additional conditions precedent:
(a) The Developer shall have provided the Local Agency with lien releases or other similar documentation satisfactory to the Local Agency Engineer as evidence that none of the property (including any rights -of-way or other easements necessary for the operation and maintenance of the Acquisition Improvement, to the extent not already publicly owned) comprising the Acquisition Improvement, and the property which is subject to the [assessments/Special Taxes] of the District, is not subject to any prospective mechanics lien claim respecting the Acquisition Improvements.
(b) All due and payable property taxes, and installments of [assessments/Special Taxes] shall be current on property owned by the Developer or under option to the Developer that is subject to the lien of the District. (c) The Developer shall certify that it is not in default with respect to any loan secured by any interest in the Project.
(d) The Developer shall have provided the Local Agency with Title Documents needed to provide the Local Agency with title to the site, right -of-way, or easement upon which the subject Acquisition Improvements are situated. All such Title Documents shall be in a form acceptable to the Local Agency (or applicable governmental agency) and shall convey Acceptable Title. The Developer shall provide a policy of title insurance as of the date of transfer in a form acceptable to the Local Agency Engineer insuring the Local Agency as to the interests acquired in connection with the acquisition of any interest for which such a policy of title insurance is not required by another agreement between the Local Agency and the Developer. Each title insurance policy required hereunder shall be in the amount equal to or greater than the Acquisition Price.

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Section 2.05. SCIP Requisition . Upon a determination by the Local Agency Engineer to pay the Acquisition Price of the Acquisition Improvements pursuant to Section 2.04, the Local Agency Engineer shall cause a SCIP Requisition to be submitted to the Program Administrator. The Program Administrator will review the SCIP Requisition and forward it with instructions to the Authority Trustee and the Authority Trustee shall make payment directly to the Developer of such amount pursuant to the Authority Trust Agreement. The Local Agency and the Developer acknowledge and agree that the Authority Trustee shall make payment strictly in accordance with the SCIP Requisition and shall not be required to determine whether or not the Acquisition Improvements have been completed or what the Actual Costs may be with respect to such Acquisition Improvements. The Authority Trustee shall be entitled to rely on the SCIP Requisition on its face without any further duty of investigation.

ARTICLE III

MISCELLANEOUS
Section 3.01. Indemnification and Hold Harmless . The Developer hereby assumes the defense of, and indemnifies and saves harmless the Local Agency, the Authority, and each of its respective officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from or alleged to have resulted from the acts or omissions of the Developer or its agents and employees in the performance of this Agreement, or arising out of any contract for the design, engineering and construction of the Acquisition Improvements or arising out of any alleged misstatements of fact or alleged omission of a material fact made by the Developer, its officers, directors, employees or agents to the Authority's underwriter, financial advisor, appraiser, district engineer or bond counsel or regarding the Developer, its proposed developments, its property ownership and its contractual arrangements contained in the official statement relating to the SCIP financing (provided that the Developer shall have been furnished a copy of such official statement and shall not have objected thereto); and provided, further, that nothing in this Section 3.01 shall limit in any manner the Local Agency’s rights against any of the Developer’s architects, engineers, contractors or other consultants. Except as set forth in this Section 3.01, no provision of this Agreement shall in any way limit the extent of the responsibility of the Developer for payment of damages resulting from the operations of the Developer, its agents and employees. Nothing in this Section 3.01 shall be understood or construed to mean that the Developer agrees to indemnify the Local Agency, the Authority or any of its respective officers, directors, employees or agents, for any negligent or wrongful acts or omissions to act of the Local Agency, Authority, its officers, employees, agents or any consultants or contractors.

Section 3.02. Audit. The Local Agency shall have the right, during normal business hours and upon the giving of ten days’ written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer (for which the Developer seeks reimbursement) in constructing the Acquisition Improvements.

Section 3.03. Cooperation. The Local Agency and the Developer agree to cooperate with respect to the completion of the SCIP financing for the Acquisition

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Improvements. The Local Agency and the Developer agree to meet in good faith to resolve any differences on future matters which are not specifically covered by this Agreement.

Section 3.04. General Standard of Reasonableness . Any provision of this Agreement which requires the consent, approval or acceptance of either party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. The foregoing provision shall not apply to provisions in the Agreement which provide for decisions to be in the sole discretion of the party making the decision.

Section 3.05. Third Party Beneficiaries . The Authority and its officers, employees, agents or any consultants or contractors are expressly deemed third party beneficiaries of this Agreement with respect to the provisions of Section 3.01. It is expressly agreed that, except for the Authority with respect to the provisions of Section 3.01, there are no third party beneficiaries of this Agreement, including without limitation any owners of bonds, any of the Local Agency’s or the Developer’s contractors for the Acquisition Improvements and any of the Local Agency’s, the Authority's or the Developer’s agents and employees.

Section 3.06. Conflict with Other Agreements . Nothing contained herein shall be construed as releasing the Developer or the Local Agency from any condition of development or requirement imposed by any other agreement between the Local Agency and the Developer, and, in the event of a conflicting provision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by the Local Agency and the Developer.

Section 3.07. Notices. All invoices for payment, reports, other communication and notices relating to this Agreement shall be delivered (via mail or electronic mail) to:

If to the Local Agency:

City of Buena Park
[Address to come]
[Email to come]
If to the Developer:
[Developer]
[Address to come]
[Email to come]
Either party may change its address by giving notice in writing to the other party.

Section 3.08. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

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Section 3.09. Governing Law . This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.

Section 3.10. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement.

Section 3.11. Singular and Plural; Gender . As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.

Section 3.12. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

Section 3.13. Successors and Assigns . This Agreement is binding upon the heirs, assigns and successors -in-interest of the parties hereto. The Developer may not assign its rights or obligations hereunder, except to successors -in-interest to the property within the District, without the prior written consent of the Local Agency.

Section 3.14. Remedies in General . It is acknowledged by the parties that the Local Agency would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Developer of any (i) moneys owing to the Developer hereunder, or (ii) moneys paid by the Developer pursuant to the provisions hereof which are misappropriated or improperly obtained, withheld or applied by the Local Agency.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that the Local Agency shall not be liable in damages to the Developer, or to any assignee or transferee of the Developer other than for the payments to the Developer specified in the preceding paragraph. Subject to the foregoing, the Developer covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement.

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B-12
4155-8093-8767.14

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above.

CITY OF BUENA PARK
By:

Authorized Signatory

[DEVELOPER],
a [here indicate type of legal entity]
By:

Signature

Print Name

4155-8093-8767.14

Exhibit A to the Acquisition Agreement

ACQUISITION IMPROVEMENTS AND THE ELIGIBLE PORTIONS THEREOF

[To be completed based on Final Engineer’s Report/developer’s budget and cash flows]

Funding includes amounts for incidental costs associated with the capital improvements, including, but not limited to, contingency, design, engineering, and construction management.

ACQUISITION IMPROVEMENTS TOTAL AMOUNT*
[_] .............................................................................................................. $[_] [_] .............................................................................................................. $[_]

* Estimated. Acquisition Price will be determined based on Actual Cost as further described in this Acquisition Agreement.

4155-8093-8767.14

Exhibit B to the Acquisition Agreement

FORM OF REQUISITION
To: BLX Group LLC
SCIP Program Administrator
355 South Grand Avenue, Suite 2700
Los Angeles, California 90071
Attention: Vo Nguyen
Fax: 213-612-2499
Re: Statewide Community Infrastructure Program
The undersigned, a duly authorized representative of the CITY OF BUENA PARK hereby requests a withdrawal from the [DEVELOPER] ACQUISITION AND CONSTRUCTION FUND, as follows:

Request Date: [Insert Date of Request]
Name of Developer: [Developer]
Withdrawal Amount: [Insert Acquisition Price]
Acquisition Improvements: [Insert Description of Acquisition Improvement(s) from Ex. A] Payment Instructions: [Insert Wire Instructions or Payment Address for Developer] The undersigned hereby certifies as follows:

1. The Withdrawal is being made in accordance with a permitted use of such monies pursuant to the Acquisition Agreement, and the Withdrawal is not being made for the purpose of reinvestment.

2. None of the items for which payment is requested have been reimbursed previously from other sources of funds.

3. If the Withdrawal Amount is greater than the funds held in the Acquisition and Construction Fund, the SCIP Program Administrator is authorized to amend the amount requested to be equal to the amount of such funds.

CITY OF BUENA PARK
By:

Title:

August 11, 2026

STUDY SESSION
Item No. 9A.

City Council Agenda Report

DISCUSS AND PROVIDE DIRECTION REGARDING THE CAL CITIES ANNUAL CONFERENCE VOTINGDELEGATE AND ALTERNATE DELEGATE

PREPARED BY PRESENTED BY
Adria M. Vicuna, Director of Government and
Community Relations/City Clerk
Adria M. Vicuna, Director of Government and
Community Relations/City Clerk

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Adria M. Vicuna, Director of Government and
Community Relations/City Clerk Aaron France, City Manager

DISCUSSION
This year, the Cal Cities Annual Conference ('Conference') is being held September 23-25, 2026, at the Anaheim Convention Center. During the General Assembly portion of the Conference, voting delegates from each city are tasked with casting a vote on this year's resolutions and/or by-law amendments. Cal Cities requires the City's voting delegate and alternate voting delegate for the Business Meeting be designated by City Council action. The deadline to appoint a voting delegate and alternate delegate is September 1, 2026.

If there are any resolutions submitted for consideration, this item will return at a City Council Meeting in September so the City Council may review and give voting direction to the City's voting delegates on the Cal Cities proposed resolutions and/or by-law amendments.

Attachments
2026-voting-delegate-information-packet.pdf
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, May 13, 2026
T
O: Mayors, Council Members, City Clerks, and City Managers RE
: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 Anaheim Convention Center
E
very year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Ta
king place on Friday, Sept. 25, 2026 the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To c
ast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

A
ction by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

F
ollowing council action, please submit your city’s delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

S
ubmitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

C
onference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration opens June 2.

F
or a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and Council Action Advised by September 1, 2026
alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Anaheim Convention Center, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Tuesday, Sept. 1. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• G
eneral Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

Buena Park City CouncilAugust 11, 2026

Buena Park City Council
August 11, 2026