Agenda — Fountain Valley City Council, April 7, 2026 (part 1 of 6)

AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY
Closed Session 4:00 p.m.

Study Session 5:00 p.m.

Regular Meeting 6:00 p.m.

Tuesday, April 7, 2026
Council Chambers
10200 Slater Avenue
Fountain Valley, CA 92708
http://www.fountainvalley.org
MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk’s Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.

AGENDA COMMUNICATIONS: All revised or additional documents and writings related to an item on this agenda provided to all or a majority of the government body members after distribution of the agenda packet, are available for public inspection (1) in the City Clerk’s Office at 10200 Slater Avenue, Fountain Valley, CA 92708 during normal business hours; and (2) in the Council Chambers at the time of the meeting. Unless directed otherwise by a government body listed herein all actions shall be based on/memorialized by the latest document submitted as a late communication.

PUBLIC COMMENTS/PUBLIC HEARINGS: Persons wishing to address the Cit y Co u n ci l o r o th er government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor.

Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.

CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public.

PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to
raising only those issues raised during the hearing or in written correspondence received by the governing body at or before the hearing.

Note: The Fountain Valley City Council serves as the Successor Agency to the Fountain Valley Agency for Community Development (Successor Agency), the Fountain Valley Housing Authority, and the Fountain Valley Finance Authority. The Actions of the Successor Agency are separate and apart from the actions of the City Council.

ZOOM LINK INFORMATION
• Participants that choose to watch the City Council meeting through zoom are automatically placed in the waiting room and will only be allowed into the Zoom meeting if they request to make a public comment. In order to make a public comment, you will indicate through the chat feature which item you would like to speak on, and click on the “raise hand” icon to let the administrator know you wish to speak. • All participants are muted unless you are requesting to speak, at which time you will be allowed to unmute and make you comment.
• All public comments are allowed up to 3 minutes to speak.

Topic: City Council
Time: Apr 7, 2026 06:00 PM Pacific Time (US and Canada) Join Zoom Meeting
https://fountainvalley.zoom.us/j/82229160810?pwd=kqGbO25NxNRF2MCdtNLoFuTnqlWVzJ.1 Meeting ID: 822 2916 0810
Passcode: 625125

YOUTUBE INFORMATION
The City Council meeting is streamed live via Youtube, you can access the live City Council meeting by clicking on this link to access the broadcast on Youtube:
https://www.youtube.com/@CityofFV

CLOSED SESSION
CALL TO ORDER 4:00 p.m.

PUBLIC COMMENTS (Closed Session matters only)
Persons wishing to speak on a Closed Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Miller v. City of Fountain Valley (Claim No. CJP-3055716)

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Herrera v. City of Fountain Valley (Claim No. CJP-3054187)

STUDY SESSION
CALL TO ORDER 5:00 p.m.

PUBLIC COMMENTS (Study Session matters only)
Persons wishing to speak on a Study Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.

1. Boys and Girls Clubs Lease Agreement / Roof Replacement / Ad Hoc Committee – Presentation by Rob Frizzelle, Community Services Director

OPEN SESSION
CALL TO ORDER 6:00 p.m.

INVOCATION
SALUTE TO THE FLAG Council Member Kim Constantine

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Constantine, Grandis, Vice Mayor / Vice Chair Harper, Mayor/Chair Cunneen

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

CITY MANAGER / MAYOR UPDATE

PRESENTATIONS
• Student Activities Update from Los Amigos High School

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
The Unscheduled Matters Public Comments portion will last 15 Minutes at the beginning of the meeting. Any requests to speak on unscheduled matters after the initial 15 minutes, will be heard at the end of the meeting, unless the Mayor approves an extension of this time. If an individual speaks during the First unscheduled matters time period, they do not get to speak at the end of the meeting as well. Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

PUBLIC COMMENTS (Scheduled Matters Only)
Persons wishing to speak on Agenda item(s) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar, 3 minutes to speak on each item pulled from the consent calendar, and 3 minutes to speak on any agendized item(s) not appearing on the Consent Calendar.

CONSENT CALENDAR
Consent Calendar Items 1 – 5 will be approved simultaneously with one motion unless separate action/or discussion is requested.

1. Receive and File the Draft Minutes of the March 17, 2026 Regular City Council Meeting

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2. Approve the Register of Demands for the period of 3/5/2026 to 3/25/2026 Page 14 Recommended Action: Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 3/5/2026 and 3/25/2026 for a total of $3,787,952.85.

3. Approval of Amended and Restated NPDES Stormwater Permit Implementation Agreement.

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Recommended Action: 1. Approve the Amended and Restated National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement ("Agreement") between the County of Orange, Orange County Flood Control District (District), and participating Orange County cities (collectively called Permittees).

2. Authorize the Mayor to execute the Agreement and any related documents necessary to implement the terms of the Agreement.

It is in the City’s best interests to continue the cooperation with the County, the District and the other cities in Orange County to jointly implement the OC Stormwater Program and to fulfill prior, new and potential future MS4 permit requirements.

4. Approve Amendment No. 1 to CON-1396 with California Waters Development, Inc. for Water Feature Maintenance Services to extend the contract term one (1) year for a new total annual amount not to exceed $16,520. Page 91
Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to approve Amendment No. 1 to CON-1396 with California Waters Development, Inc. for water feature maintenance services to extend the contract term one (1) year for a new total annual amount not to exceed $16,520.

5. Fire Department SB 1205 Mandated Inspection Report Page 130 Recommended Action: Receive and file the state-mandated inspections report for calendar year 2025 for the City of Fountain Valley as required by Senate Bill No. 1205.

PUBLIC HEARINGS
Each person will have up to 3 minutes to speak on each Public Hearing.

6. Consider: (1) Approval of the WISE Agreement with the County of Orange and Related Documents; and (2) Authorization to Mail Proposition 218 Notice for Either a One-Year Residential Solid Waste Rate Adjustment or a Five-Year Residential Solid Waste Rate Adjustment Schedule, Based on Increased County Disposal Fees Under the WISE Agreement – Presentation by Scott Smith, Public Works Director Page 135 Recommended Action: Staff recommends that City Council: (1) Approve the WISE Agreement with the County of Orange and Related Documents; and (2) Authorize to Mail Proposition 218 Notice for Either a One-Year Residential Solid Waste Rate Adjustment or a Five-Year Residential Solid Waste Rate Adjustment Schedule, Based on Increased County Disposal Fees Under the WISE Agreement

7. Public Hearing and Introduction: Code Amendment No. 25-07 – An Amendment to the Warner/Newhope Specific Plan to Remove the Maximum 25% Medical Office Use Requirement From Planning Area C in Section 4.4.3 and to Permit Medical Office Use ByRight in Planning Area C During the Hours of 6:00 a.m. to 7:00 p.m., in the Plaza Del Lago (PDL) Office Building Located at 17220 Newhope Street – Presentation by Matt Jenkins, Senior Planner Page 225
Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to introduce the attached Ordinance approving a Notice of Exemption in accordance with the CEQA Guidelines and approving Code Amendment No. 25-07 to remove the maximum 25% medical office use requirement from Planning Area C in Section 4.4.3 of the Warner/Newhope Specific Plan and to permit medical office use by-right in Planning Area C of the Specific Plan, during the hours of 6:00 a.m. to 7:00 p.m., in the Plaza del Lago office building located at 17220 Newhope Street.

8. Public Hearing and Introduction: Code Amendment No. 26-01 – An Amendment To Fountain Valley Municipal Code (FVMC) Sections 21.08.030, 21.15.030, and 21.90.020, And Add Section 21.46.120 To Permit Owner-Occupied And Rental Multi-Family Uses By Right For Projects With 20% Or More Units Affordable To Lower Income Households – Presentation by Steven Ayers, Principal Planner Page 270
Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to introduce the attached Ordinance approving a categorical exemption per the California Environmental Quality Act (CEQA) and approving Code Amendment No. 26-01 to amend Fountain Valley Municipal Code (FVMC) Sections 21.08.030, 21.15.030, and 21.90.020, and add Section 21.46.120 to permit owner-occupied and rental multi-family uses by right for projects with 20% or more units affordable to lower income households.

ADMINISTRATIVE ITEMS

9. Approve the Proposed 2026 Legislative Platform – Presentation by Meghan Wishner, Management Analyst Page 284
Recommended Action: Staff is requesting City Council approval of Alternative No. 1 to approve the proposed 2026 Legislative Platform.

10. Project No. 24042; 2025 Sewer Rehabilitation and Replacement Project 1) Accept the bids and award a construction contract to CEM Construction Corporation for Project No. 24042, 2025 Sewer Rehabilitation and Replacement Project (Project), in the amount not-to-exceed $2,031,630;
2) Accept the proposal from PSOMAS and authorize staff to issue a Purchase Order for the proposal amount of $306,422 for Construction Management and Inspection services for the Project;
3) Accept the proposal from JIG Consultants and authorize staff to issue a Purchase Order for the proposal amount of $24,585 for continued Construction Engineering Support services for the Project;
4) Accept the proposal from The Converse Professional Group and authorize staff to issue a Purchase Order for the proposal amount of $19,848 for Materials and Soils Testing services for the Project; and,
5) Approve the Director of Public Works to have a one-time 20% Change Order authority for this Project. – Presentation by Ryan Damon, Assistant Engineer Page 308 Recommended Action: 1) Accept the bids and award a construction contract to CEM Construction Corporation for Project No. 24042, 2025 Sewer Rehabilitation and Replacement Project (Project), in the amount not-to-exceed $2,031,630; 2) Accept the proposal from PSOMAS and authorize staff to issue a Purchase Order for the proposal amount of $306,422 for Construction Management and Inspection services for the Project;
3) Accept the proposal from JIG Consultants and authorize staff to issue a Purchase Order for the proposal amount of $24,585 for continued Construction Engineering Support services for the Project;
4) Accept the proposal from The Converse Professional Group and authorize staff to issue a Purchase Order for the proposal amount of $19,848 for Materials and Soils Testing services for the Project; and,
5) Approve the Director of Public Works to have a one-time 20% Change Order authority for this Project.

11. Accept the Garland/DBS, Inc. proposal and award a contract in a total not to exceed amount of $2,410,107 for Citywide Facility Roofing replacements and repairs on various City facilities. - Presentation by Scott Smith, Public Works Director Page 385 Recommended Action: Staff recommend that City Council accept the Garland/DBS, Inc. proposal and award a contract in a total not to exceed amount of $2,410,107 for Citywide Facility Roofing replacements and repairs on various City facilities.

12. Request Approval to Renew a Five-Year Agreement with Orange County Animal Care for the Continued Provision of Animal Care and Control Services – Presentation by Robert Cortes, Police Lieutenant Page 710
Recommended Action: Approval to Renew a Five-Year Agreement with Orange County Animal Care for the Continued Provision of Animal Care and Control Services

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL

COMMENTS

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR

AGENCY/HOUSING AUTHORITY
The next Regular Meeting of the Fountain Valley City Council is April 21, 2026 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

City of Fountain Valley
Memorandum
TO:

FROM:

DATE:

Honorable Mayor and City Council
Rob Frizzelle, Community Services Director/Deputy City Manager 4/7/26
SUBJECT: Study Session Memo – Boys and Girls Clubs Lease Agreement / Roof Replacement / Ad Hoc Committee
______________________________________________________________________________ EXECUTIVE SUMMARY:

As discussed at the March 24, 2026 Strategic Planning Session, staff presented information on the current lease status for the Boys and Girls Clubs of Huntington Valley. The discussion was related to the Child Care and ClubHouse Academy buildings located behind Fountain Valley City Hall. Staff also presented information on the planned roof replacements for both buildings and requested the creation of a council/staff Ad Hoc committee to discuss the future of the 2-acre site.

DISCUSSION:

Lease Discussion:

Both the Childcare and ClubHouse Academy buildings are leased to the Huntington Valley Boys and Girls Clubs through December 31, 2026. Clubs desires a long-term lease extension for the Child Care building as part of proposed capital improvements (by Clubs), roof replacement (by City) and potential lease amendments. Clubs has requested a 5 to 10 year lease extension depending on the proposed site investment. However, Clubs is scheduled to relocate from the ClubHouse academy after their planned expansion of the Kingston Branch is completed at the Fountain Valley Sports Park.

Roof Replacements:

For City Council consideration at the April 7, 2026 City Council meeting is the proposed roof replacement for both the Child Care and ClubHouse Academy buildings.

Specific costs related to the Clubs facilities are as follows; • Child Development Center – Roof Replacement - $555,555 • ClubHouse Academy – Roof Replacement - $448,854

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Ad Hoc Committee:

As discussed at the Strategic Plan meeting, staff requested the creation of an Ad Hoc committee comprised of City Council members and staff to discuss the long-term plan for the two-acre site behind city hall. Focus of the committee will identify and present to city council recommendations for the location. Consideration will focus on the following options; • Maintain the location for Current Use
• Amend Use Plan of Current Site
o Recreational Redevelopment / Public or Private Development / Long Term Civic Center Site Plan / Civic Use (potentially public safety) Recommendation:

Staff is seeking City Council direction on the Strategic Plan objective to create an Ad Hoc committee for the two-acre site behind City Hall.

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 4:00 p.m.

Study Session 5:15 p.m.

Regular Meeting 6:00 p.m.

Tuesday, March 17, 2026
Council Chambers

CLOSED SESSION
CALL TO ORDER 4:00 p.m.

PUBLIC COMMENTS (Closed Session matters only)
Art Groenveld, Lyn Semeta

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (2 potential cases)
There was no reportable action

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Boys and Girls Club of Huntington Valley at Fountain Valley Sports Park Agency negotiator: City Manager, Deputy City Manager-Community Services Manager, Deputy City Manager-Community Development Director, Director of Public Works, Director of Finance, Attorney for the City
Negotiating parties: City of Fountain Valley and Boys and Girls Club of Huntington Valley Under negotiation: Price and terms of payment
There was nothing to report on this item.

STUDY SESSION
CALL TO ORDER 5:23 p.m.

PUBLIC COMMENTS
Ray Price, Michael Wakefield, James Henshall, Kseniya Barber, Katy Wright, Mina Sourial, Robert Eisenmam, Ben Nielsen, Angela Brown, Aaron Rodecker, Libby, Darryl Paine, Laura Muniz, Mark Leonard, Evan Jorgensen, Blaize Stillwell,

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1. Discussion Regarding the Purchase of Real Property Located at 17168 and17230 Newhope St. – Presentation by Omar Dadabhoy, Community Development Director / Deputy City Manager The City Council directed staff not to proceed with the purchase.

This item was heard at the end of the City Council meeting, at 8:08 p.m.

2. Mayoral Rotation – Presentation by Colin Burns, Attorney for the City The City Council did not proceed with the minimum year(s) requirement for Mayor and Mayor Pro-Tem.

OPEN SESSION
CALL TO ORDER 6:00 p.m.

INVOCATION Pastor Brent Wagner
SALUTE TO THE FLAG Council Member Glenn Grandis

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members Present: Bui, Constantine, Grandis, Vice Mayor/Vice Chair Harper, Mayor/Chair Cunneen

All present

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
None

CITY MANAGER / MAYOR UPDATE
Mayor Cunneen provided his update.

PRESENTATIONS
 Recognition of Anton Le Penske, Isaac Nolan Lieu and Alex Nguyen for Obtaining Their Eagle Scout Rank – Presentation by Mayor Cunneen
Mayor Cunneen recognized Anton Le Penske, Isaac Nolan Lieu and Alex Nguyen for Obtaining Their Eagle Scout Rank
 Proclamation Recognizing March as Women’s History Month – Presentation by Mayor Cunneen Mayor Cunneen presented the Proclamation recognizing March as Womens History Month to the Fountain Valley Womens Club Co-Presidents, Dianne Schautschick and Margaret Roche

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 Recognition of Jenni Worsham, Community Services Manager, for being installed as the California Parks and Recreation Society President for 2026.

Mayor Cunneen recognized Jenni Worsham for being installed as the California Parks and Recreation Society President for 2026

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)

CONSENT CALENDAR

1. Receive and File the Draft Minutes of the March 3, 2026 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the March 3, 2026 Regular City Council Meeting
MOTION: Constantine SECOND: Grandis
AYES: Bui, Constantine, Grandis, Harper, Cunneen
NOES: None
ABSENT: None
ABSTAIN: None

2. Item pulled by Council Member Bui
Approve the Register of Demands for the period of 2/19/2026 to 3/4/2026 ACTION: Move to Approve the Register of Demands for the period of 2/19/2026 to 3/4/2026
MOTION: Constantine SECOND: Bui
AYES: Bui, Constantine, Grandis, Harper, Cunneen
NOES: None
ABSENT: None
ABSTAIN: None

3. City of Fountain Valley Six Month Strategic Objectives for September 23, 2025 through March 17, 2026
ACTION: Move to Approve the City of Fountain Valley Six Month Strategic Objectives for September 23, 2025 through March 17, 2026
MOTION: Constantine SECOND: Grandis
AYES: Bui, Constantine, Grandis, Harper, Cunneen

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NOES: None
ABSENT: None
ABSTAIN: None

4. Approval of the Municipal Water District of Orange County Water Conservation Participation Agreement (CON-15-39) FY 24-26 Addendums 3D – Meter Area Measurements Program in the amount of $8,552 and 3E – Conservation Framework Technical Assistance Program in the amount of $20,552.35; and reaffirmation that the Director of Public Works retains the authority to execute all Participation Agreement Addendums, excluding Addendums 3D and 3E
ACTION: Move to Approve the Municipal Water District of Orange County Water Conservation Participation Agreement (CON-15-39) FY 24-26 Addendums 3D – Meter Area Measurements Program in the amount of $8,552 and 3E – Conservation Framework Technical Assistance Program in the amount of $20,552.35; and reaffirmation that the Director of Public Works retains the authority to execute all Participation Agreement Addendums, excluding Addendums 3D and 3E
MOTION: Constantine SECOND: Grandis
AYES: Bui, Constantine, Grandis, Harper, Cunneen
NOES: None
ABSENT: None
ABSTAIN: None

5. 2025 Annual State Housing Element Progress Report
ACTION: Move to Approve the 2025 Annual State Housing Element Progress Report MOTION: Constantine SECOND: Grandis
AYES: Bui, Constantine, Grandis, Harper, Cunneen
NOES: None
ABSENT: None
ABSTAIN: None

ADMINISTRATIVE ITEMS

6. Adopt Revised City Council Policies
ACTION: Move to Approve the Amended City Council Policies MOTION: Harper SECOND: Constantine
AYES: Bui, Constantine, Grandis, Harper, Cunneen

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NOES: None
ABSENT: None
ABSTAIN: None

APPOINTMENTS

7. Appointment to the Housing and Community Development Committee ACTION: By a 3-2 vote, Noel Don Nguyen was appointed to the Housing and Community Advisory Committee
Public Comment: Evan Jorgensen
Votes for Noel Don Nguyen – Bui, Harper, Cunneen
Votes for Katy Wright – Constantine, Grandis

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
Council Member Constantine requested that the City Council have a study session on making it mandatory for council members to be present for committee / commission interviews in order to vote on appointments. There was no second.

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Mayor Cunneen
March 5 Attended the Chamber of Commerce Government Affairs Committee, the Police Department Organizational Assessment and then the State of City Event at Freedom Hall
March 7 Attended the season opening ceremony for Fountain Valley Little League March 9 Attended the Tour of the OC Animal Care Facility in Tustin March 10 Attended the Rotary Club’s annual every student succeeding awards March 11 Attended the California Parks and Rec opening session for their annual conference March 12 Attended the Cal Cities Orange County Division meeting March 13 Attended and threw out the first pitch at the first ever Friday Night Games for Fountain Valley Little League
Vice Mayor Harper
March 4 Attended the Tripepi Smith Strategic Planning Preparation March 5 Attended the State of the City
March 9 Attended the OCTA Board meeting

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March 10 Attended the CALCOG regional leadership conference March 13 Attended the Yakult Tour with the office of Assembly Member Tri Ta Council Member Grandis
March 4 Attended the Climate Action Campaign Webinar and the OCPA mid-year budget March 5 Attended the State of the City and the Chamber Legislative Committee meeting March 7 Attended the Little League Opening Day
March 9 Attended the OCPA Board of Directors meeting and the Chamber “Cash Mob” benefitting the Community Foundation
March 14 Attended the Celebration of Life for Jan Heisterman Council Member Constantine
March 4 Participated in my Fountain Valley Strategic Plan Interview with our contracted Consultants, Tripepi Smith. Morgan interviewed me on Zoom in preparation for our twice a year Fountain Valley Strategic Planning Meeting to be held on Tuesday, March 24th at the Fountain Valley Recreation Center. In the afternoon, as our Fountain Valley City Trustee on the Orange County Mosquito and Vector Control Board, completed my once every 2 years fiscal and financial training per the newly implemented SB 827. In the evening, I attended the Fountain Valley HCD (Housing and Community Development) Committee Meeting at City Hall. Two new members are now on this committee.

March 5 Participated in the Fountain Valley Police Department Organizational Assessment with 2 representatives from our contracted consultant, Baker Tilly. In the evening, I participated in our annual “State of the City” event. This year it also included a “Taste of Fountain Valley” and was held in Freedom Hall wishing Mile Square Park. The event was very well attended and lots of fun.

March 6 Stopped in at the Fountain Valley Advisory Committee for Persons with Disabilities Social Club at Founders Village Senior and Community Center. There were approximately 40 attendees.

March 9 Stopped in towards the end of the Fountain Valley Chamber of Commerce “Cash Mob” event at Thai Station (restaurant) on Slater at Ward.

March 10 Was happy to attended the Rotary Club of Fountain Valley “Every Student Succeeding” Breakfast event at the Fountain Valley School District on Slater. The attendees were: Isaiah Nieto of Courreges Elementary, Samantha Monson of Cox Elementary, Elias Abd-Elhady of Fulton Middle School, Katie Day of Gisler, Victoria Beltran of Masuda Middle School, Carter Kent of Newland Elementary, Weston Carney of Oka Elementary, Hannah Tran of Plavan Elementary, Lucia Shang of Talbert Middle School, and Aidan Houston of Tamura Elementary. I then watched the Orange County Board of Supervisors Meeting on the County’s website. Later, I participated in a fundraiser for the Friends of the Fountain Valley Library (FOL) with a to go purchase from Philly’s Cheesesteak.

March 11 Participated in the League of California Cities Mayor and Council Member Department Roundtable Discussion on Zoom.

March 12 Toured Orange County Animal Care (the Orange County Animal Shelter) in Tustin per this scheduled meeting with management and a top staffer. In the evening, I attended the League of California Cities First Division Meeting at the Fountain Valley Recreation Center. It was well attended and the featured speaker was the

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Honorable Don Barnes, Orange County Sheriff-Coroner. He was very informative.

March 13 Watched the CASLAR (California Sober Living and Recovery Task Force). Sober Living Task Force Meeting on Zoom.

March 17 Participated in a meeting regarding out of pocket medical costs for employees with Mayor Jim Cunneen, Finance Director Ryan Smith, and Omar Dadabhoy, Deputy City Manager/Community Development Director. At lunchtime, I attended the annual St. Patrick’s Day Luncheon at Founders Village Senior and Community Center. Everyone was so festive at this very well-attended luncheon.

Council Member Bui
March 5 Attended the State of the City
March 11 Attended the installation of Jenni Worsham as the CPRS President and then the OC Sanitation meeting
March 12 Attended the OC Waste Management meeting and then the Chamber Network at Night event
March 14 Visited OC Parks

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING

AUTHORITY
Mayor Cunneen adjourned the meeting at 8:52 p.m.pm to the next Meeting of the Fountain Valley City Council on April 7, 2026 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
___________________________
Jim Cunneen, Mayor

Attest:
___________________________
Rick Miller, City Clerk

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: April 7, 2026
Members of the City Council
SUBJECT: City of Fountain Valley Register of Demands for the period of 3/5/2026 to 3/25/2026 Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☒ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City ☐ Not applicable

EXECUTIVE SUMMARY
Attached is the Register of Demands for the City of Fountain Valley to be ratified by the City Council.

DISCUSSION
Pursuant to the State of California’s Government Code 37201 through 37210, the Director of Finance or their designated representative hereby certifies to the accuracy of the following demands and to the availability of funds for payment thereof. Demands paid by the city shall be inspected and ratified by the legislative body on the next available Council agenda. The Finance Department has prepared the attached Register of Demands summarizing the City's payments released since the previous City Council meeting.

FINANCIAL ANALYSIS
The attached Register of Demands represents payments made by the City of Fountain Valley between 3/5/2026 and 3/25/2026 for a total of $3,787,952.85.

ATTORNEY REVIEW
The Attorney for the City reviewed this staff report and concurs with the recommended action.

PUBLIC NOTIFICATION
Not applicable.

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ALTERNATIVES
Alternative No. 1: Approve the attached Register of Demands.

Alternative No. 2: Do not approve as presented and provide direction to staff.

RECOMMENDATION
Staff recommends Alternative No. 1 to approve the attached Register of Demands representing payments made by the City of Fountain Valley between 3/5/2026 and 3/25/2026 for a total of $3,787,952.85.

Prepared by: Ryan Smith, Finance Director
Reviewed by: Colin Burns, City Attorney
Approved by: Maggie Le, City Manager
Attachment 1: Register of Demands 3/5/2026 to 3/25/2026.

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Check Date Description Doc # Amount
03/10/26 MAR 2026 - CALPERS MEDICAL 47491 350,038.60
03/19/26 CITY P-CARDS FEB 2026 - 4246 0445 5574 3131 47972 47,852.29 03/05/26 MAR 2026 LIFE INSURANCE/LTD/ADD/EAP 47549 1,490.64 03/05/26 PR PPE260227 - DED 7031, 7032, 7033, 7036 47723 148,876.60 03/05/26 PR PPE260227 - DED 6004, 6005, 6007 47724 1,104.35 03/05/26 ACCT# 20084Y320241 - 3/5/2026 47725 185.45
03/05/26 PR PPE260227 - DED 1100, 3000 47732 199,235.88 03/05/26 PR PPE260227 - DED 4000 47733 66,778.82
03/19/26 MAR'26 AFLAC ACCT HH049 47938 4,559.18
03/19/26 POA DUES WTHHLDNG FROM PP122922 48032 2,550.00 03/18/26 PR PPE260313 - DED 8002 48044 2,475.00
03/18/26 PR PPE260313 - DED 9500 48045 31,887.10
03/18/26 PR PPE260313 - DED 8000 48046 2,749.79
03/19/26 PR PPE260313 - DED 7031, 7032, 7033, 7036 48047 77,601.33 03/19/26 PR PPE260313 - DED 6004, 6005, 6007 48048 1,104.35 03/19/26 ACCT #20084Y320241 - 3/19/26 48049 185.45
03/18/26 PLAN #803216 - PR PPE260313 - DED 2013 & 2015 48050 3,012.71 03/18/26 PLAN #800389 - PR PPE260313 - DED 2011 & 2012 48051 1,790.13 03/18/26 PLAN #800414 - PR PPE260313 - DED 2014 48052 226.75 03/18/26 PLAN #108536 - PR PPE260313 - DED 2018 48053 576.90 03/18/26 PR PPE260313 - DED 7029 & 7030 48054 3,643.10
03/18/26 PR PPE260313 - DED 8005 48055 465.00
03/19/26 PR PPE260313 - DED 1100 & 3000 48056 171,288.17 03/19/26 PR PPE260313 - DED 4000 48057 57,127.47
03/18/26 PR PPE260313 - DED 2017 48058 3,115.35
03/18/26 PR PPE260313 - DED 8003 48059 500.00
03/18/26 PR PPE260313 - DED 8004 48060 625.00
03/18/26 PR PPE260313 - DED 8001 48061 775.00
03/19/26 PR PPE260313 MISC PR - DED 1100 48126 16.86
TOTAL NON-DEPARTMENTAL 1,181,837.27
03/10/26 MAR 2026 - CALPERS MEDICAL 47491 31,266.00
03/05/26 APR 2026 - PLAN #803210-RETIREE REIMB. 47711 164,730.05 TOTAL NON-DEPARTMENTAL 195,996.05
03/05/26 JAN 2026 CITY LEGAL SERVICES 46992 52,454.30
TOTAL LEGAL SERVICES 52,454.30
03/05/26 STRATEGIC PLAN DEVELOPMENT SERVICES 47039 950.00 03/12/26 COUNCIL NORMS, VALUES & PRINCIPLES 47014 3,475.00 03/12/26 STRATEGIC PLAN DEVELOPMENT SERVICES 47015 2,350.00 TOTAL OFFICE OF CITY MANAGER 6,775.00
03/05/26 JAN '26- COMMUNICATIONS, MARKETING, PR

SERVICES
47095 3,447.50
10010104 ADMIN SERVICES
JPW COMMUNICATIONS 5574
TRIPEPI, SMITH & ASS 2318261
TRIPEPI, SMITH & ASS 2318261
10010103 OFFICE OF CITY MANAGER
TRIPEPI, SMITH & ASS 2318217
10010102 LEGAL SERVICES
HARPER AND BURNS, LL 5571
10000010 NON-DEPARTMENTAL
CALPERS 5507
MISSION SQUARE RET P 5583
INTERNATIONAL BRO 5631
INTERNAL REVENUE SER 5624
PORAC RETIREE MEDIC 5636
INTERNATIONAL BRO 5629
INTERNATIONAL BRO 5630
FVPOA PAC 5628
INTERNAL REVENUE SER 5621
EMPLOYMENT DEVELOPME 5622
MISSION SQUARE RET P 5634
MISSION SQUARE RET P 5635
U.S. BANK N.A. 5637
FRANCHISE TAX BOARD 2318304
MISSION SQUARE RET P 5632
MISSION SQUARE RET P 5633
FOUNTAIN VALLEY FIRE 5626
EMPOWER/BENEFITS COR 5620
CALIFORNIA STATE DIS 5623
FOUNTAIN VALLEY POLI 5655
FOUNTAIN VALLEY POLI 5627
FOUNTAIN VALLEY CRED 5625
EMPLOYMENT DEVELOPME 5537
AFLAC 2318266
CALIFORNIA STATE DIS 5535
FRANCHISE TAX BOARD 2318165
INTERNAL REVENUE SER 5536
U.S. BANK CORPORATE 5684
THE LINCOLN NATIONAL 2318214
EMPOWER/BENEFITS COR 5538
Vendor Check/ACH #
10000000 NON-DEPARTMENTAL
CALPERS 5507
City Of Fountain Valley
Register of Demands
3/5/2026 - 3/25/2026
Department

Page 16 ends

03/05/26 MICROPHONE AND HOOKS 46845 102.74
03/05/26 FEB '26 GRANT WRITING SERVICES 46879 6,000.00
03/05/26 2026 STATE OF THE CITY MARQUEE LETTERS 47497 420.00 03/19/26 MMASC MEMBERSHIP RENEWAL -TALIA 47223 125.00
03/05/26 CHIEF SWEAR IN DECOR 47719 500.00
03/19/26 2/26 - 3/25/26 ADMIN CELL PHONES 47936 80.02
03/12/26 1/27 - 2/26/26 ADMIN CELL PHONES 47904 197.11
03/19/26 STATE OF THE CITY BALLOON COLUMNS 48017 600.00 TOTAL ADMIN SERVICES 11,472.37
03/12/26 PARMA 2026 2/24-2/27/26 REIMBURSEMENT 47910 1,662.98 TOTAL RECORDS MANAGEMENT 1,662.98
03/12/26 2026 MEMBERSHIP - LCW OC EMP RELATIONS

CONSORTIUM
47798 3,925.00
03/05/26 JAN 2026 CLIENT MATTER FO030-00038 47568 19,711.43 03/05/26 JAN 2026 CLIENT MATTER FO030-00041 47569 2,999.00 03/05/26 JAN 2026 CLIENT MATTER FO030-00001 47573 2,726.50 03/05/26 1/26/2026 PRE EMPLOYMENT PSYCH EVALUATIONS 47700 473.00 03/12/26 JAN 2026 HR DEPT LIVESCAN/FINGERPRINT 47766 66.00 03/19/26 INVESTIGATION 48010 39,119.30
03/05/26 JAN 2026 HR DEPT LIVESCAN/FINGERPRINT 47580 147.00 03/05/26 PRE-EMPLOYMENT POLYGRAPH SERVICES 47479 600.00 03/10/26 MAR 2026 - CALPERS MEDICAL 47491 485.48
03/05/26 TUITION REIMBURSEMENT (FM1A, FM1B) 47576 750.00 03/05/26 2/09 - 2/12/26 PRE EMPLOYMENT PSYCH

EVALUATIONS
47702 946.00
03/19/26 FEB 2026 FSA ADMIN FEES 47912 111.50
03/05/26 1/27/2026 HR OFFICE SUPPLIES ORDER 47642 15.65 03/05/26 1/31/26 - 2/27/26 PRE EMPLOYMENT CREDIT CHECKS 47644 25.00 03/19/26 1/27 - 2/26/26 - HR CELL PHONES 47876 443.36
03/05/26 FEB 2026 - HR RELAY FEES 47638 8.25
03/05/26 02/18 - 02/24/26 HR OCCUPATIONAL MEDICAL

SERVICES
47699 3,006.15
03/12/26 2/11/2026 - MONTHLY SHRED-IT SERVICES FOR HR 47750 138.09 03/19/26 FEBRUARY 2026 HR DEPT LIVESCAN/FINGERPRINT 48130 147.00 03/12/26 MARCH 2026 EAP SERVICES 47799 1,575.00
03/12/26 02/25 - 03/02/26 HR OCCUPATIONAL MEDICAL

SERVICES
47802 319.60
03/19/26 TUITION REIMBURSEMENT (ORG 429) 48033 1,050.00 03/19/26 TUITION REIMBURSEMENT (BAM 225) 48038 446.00
03/19/26 03/04 - 03/10/26 HR OCCUPATIONAL MEDICAL

SERVICES
48065 639.20
03/19/26 ERGONOMIC ASSESSMENT 48074 200.00
TOTAL HUMAN RESOURCES 80,073.51
03/12/26 BATTERIES 47807 38.86
03/12/26 RUBBER STAMP-PLANNING 47806 9.73
03/05/26 LEGAL SERVICES-PLANNING-AFFORDABLE HSNG

AGREEMENTS
47579 7,645.00
03/19/26 1/26-2/25/26 CELLPHONES & IPADS 47941 40.03
03/05/26 FEB 2026 COMMISSIONERS STIPEND 47589 50.00
03/05/26 LANGER, MATTHEW HARR FEB 2026 COMMISSIONERS STIPEND 47590 5575 50.00 STRADLING YOCCA CARL 2318212
VERIZON WIRELESS 2318357
BROTHERS, CHERYL 5561
10030300 PLANNING
AMAZON 5598
AMAZON 5598
CONCENTRA MEDICAL CE 2318293
E3 CONSULTING CORPOR 2318300
CONCENTRA MEDICAL CE 2318230
BREELER, DAMON 5644
GONZALES, MICHAEL 5656
SHRED-IT USA LLC 2318250
DEPARTMENT OF JUSTIC 2318297
LIEBERT, CASSIDY & W 5611
AT&T MOBILITY 2318276
BIOMETRICS4ALL, INC 5559
CONCENTRA MEDICAL CE 2318154
STERLING HEALTH SERV 5679
AMAZON 5556
EXPERIAN 2318163
CALPERS 5507
NGUYEN, THANG T 5584
PSYCHOLOGICAL CONSUL 2318193
JL GROUP, LLC 2318320
DEPARTMENT OF JUSTIC 2318159
DF POLYGRAPH 5569
LIEBERT, CASSIDY & W 5579
PSYCHOLOGICAL CONSUL 2318192
DEPARTMENT OF JUSTIC 2318235
LIEBERT, CASSIDY & W 5610
LIEBERT, CASSIDY & W 5577
LIEBERT, CASSIDY & W 5578
CAMPBELL, HEATHER 5601
10020200 HUMAN RESOURCES
FAMILY GLUE SHOP, LL 2318302
10010105 RECORDS MANAGEMENT
FAMILY GLUE SHOP, LL 2318164
VERIZON WIRELESS 2318359
AT&T MOBILITY 2318225
TOWNSEND PUBLIC AFFA 5593
COASTAL MARQUEE 2318152
MMASC 2318325
AMAZON 5555

Page 17 ends

03/05/26 FEBRUARY 2026 COMMISSIONERS STIPEND 47591 50.00 03/05/26 2026 FEBRUARY COMMISSIONERS STIPEND 47592 50.00 03/05/26 FEBRUARY 2026 COMMISSIONERS STIPEND 47593 50.00 03/12/26 2/27 - 3/26/26 CELL PHONES/IPADS 47907 45.73
03/19/26 1/27-2/26/26 CELL PHONES & IPADS 47942 90.98
03/19/26 FEBRUARY 2026 PUBLIC NOTICING

ADVERTISEMENTS
47846 4,169.31
03/12/26 BUILDING PENS AND FOLDERS POST-ITS 47792 76.44 03/12/26 WALL GAP FILLER-DADABHOY 47795 31.53
03/19/26 2/1-2/28/2026 CONTRACTED PLANNER 48001 6,272.00 03/19/26 FEB 25 ENVIRONMENTAL SVCS 8550 WARNER AVE

PARKSID
48069 7,464.01
TOTAL PLANNING 26,133.62
03/19/26 EXCELMARK HEAVY DUTY CUSTOM STAMPBUILDING47808 96.15 03/19/26 1/26-2/25/26 CELLPHONES & IPADS 47941 99.28
03/19/26 1/27-2/26/26 CELL PHONES & IPADS 47942 213.20
03/19/26 FEB 2026 BUILDING PLAN RVW AND STAFFING SRVS 47961 6,817.50 03/19/26 FEB 2026 BUILDING PLAN RVW AND STAFFING SVCS 47962 5,062.50 03/19/26 FLOWER PENS COUNTER-KRAEBER 47796 14.45
03/19/26 NEW REFUND SELF INKING RUBBER STAMP -SALUD 47943 10.32 03/19/26 DESK MONITOR RISERS-KONRAD KRAEBER 48035 46.64 TOTAL BUILDING & SAFETY 12,360.04
03/19/26 CATERING SERVICES FOR BUSINESS CONFERENCE 47911 1,501.29 03/19/26 1/27-2/26/26 CELL PHONES & IPADS 47942 45.49
03/12/26 STAPLER-VIRAMONTES 47794 14.87
03/12/26 3/1-3/31/26 REAL ESTATE SEARCH SERVICE 47824 432.91 03/19/26 LIQUID GEL PENS-VARGAS 48034 11.84
03/19/26 COMPUTER MONITOR RISERS-VARGAS 48123 20.55
TOTAL ECONOMIC DEVELOPMENT 2,026.95
03/19/26 1/26-2/25/26 CELLPHONES & IPADS 47941 38.01
03/19/26 1/27-2/26/26 CELL PHONES & IPADS 47942 40.74
03/19/26 MAILING ENVELOPES-DALEY 48016 35.88
TOTAL CODE ENFORCEMENT 114.63
03/05/26 JAN-MAR 2026 PROPERTY TAX CONTRACT SVCS 47681 3,960.00 03/05/26 1/1-1/31/26 HCM SYSTEM REVIEW 47701 4,310.00
03/19/26 CHECK STOCK BLUE/BURGUNDY - QTY 5000 47715 1,169.11 03/05/26 FEB 2026 ARMORED SERVICES 47747 340.86
03/12/26 2/27 - 3/26/26 R SMITH CELL PHONE 47906 45.73
03/05/26 MILEAGE REIMBURSEMENT - 2026 CSMFO

CONFERENCE
47744 147.90
03/19/26 MAR 2026 ARMORED SERVICES 47987 342.24
TOTAL FINANCE 10,315.84
03/19/26 24/25 RELAY 2500 BASE UNIT ANNUAL FEE 47975 971.42 03/19/26 202601 CH PAPER (12) 47708 539.75
03/19/26 WATER SYSTEM - CULLIGAN 03/01/26 - 03/31/26 48064 348.01 03/19/26 CANTEEN REFRESHMENT 202603 COFFEE SERVICE FOR CITY HALL 47974 5646 272.83 PITNEY BOWES GLOBAL 2318329
OFFICE DEPOT 2318327
QUENCH USA INC 5671
SECTRAN SECURITY INC 5677
10040401 PURCHASING
SECTRAN SECURITY INC 5589
AT&T MOBILITY 2318226
LASZLO, BRIANA 5576
HDL COREN & CONE 2318173
CLIENTFIRST CONSULTI 5565
TYLER BUSINESS FORMS 2318352
AMAZON 5641
10040400 FINANCE
10030310 CODE ENFORCEMENT
VERIZON WIRELESS 2318357
AT&T MOBILITY 2318281
AMAZON 5641
AMAZON 5641
AT&T MOBILITY 2318281
AMAZON 5598
COSTAR REALTY INFORM 2318231
10030305 ECONOMIC DEVELOPMENT
COUNTRY GARDEN CATER 2318294
AMAZON 5641
AMAZON 5641
AMAZON 5641
AT&T MOBILITY 2318281
VCA CODE 5685
TRUE NORTH COMPLIANC 5683
10030301 BUILDING & SAFETY
AMAZON 5641
VERIZON WIRELESS 2318357
MICHAEL BAKER INTERN 5666
RINCON CONSULTANTS 5673
ORANGE COUNTY REGIST 2318328
AMAZON 5598
AMAZON 5598
VU, ANH 5595
AT&T MOBILITY 2318227
AT&T MOBILITY 2318281
AZCONA, KRISTIN J. 5558
HUEBNER, ALICIA 5572

Page 18 ends

TOTAL PURCHASING 2,132.01
03/12/26 JAN 2026 - EUCLID HEIL DEV TRAFFIC ASSESSMENT 47185 1,065.00 03/05/26 JAN 2026 - EUCLID & HEIL DEV PLAN CHECKING 47563 1,040.00 03/05/26 FEB 2026 - OFFICE SUPPLIES PW ENG 47577 77.14
03/12/26 1/27-2/26/26 CELL PH TG SM KK JP KH RD SS PN
PWENV
47851 498.50
03/05/26 MAR 2026 - CANON MAINTENANCE & SERVICES 47641 433.37 03/12/26 FEB 2026 - OFFICE SUPPLIES PW ENG 47745 73.94
03/19/26 MAR 2026 - PW ENG OFFICE SUPPLIES 47884 193.54 TOTAL ENGINEERING 3,381.49
03/05/26 12/24/25-01/25/26 - T.S. ELECTRICITY 47561 6,472.25 03/12/26 01/26-02/24/26 - TS ELECTRICITY OCSAN 47783 14.04 03/19/26 FEB 2026 - ST LIGHTS ELECTRICITY 47854 9,081.52 03/12/26 JAN 2026 - T. S. MAINTENANCE 47787 3,235.24
03/12/26 JAN 2026 - T.S. CALL OUTS 47788 1,507.17
03/19/26 01/16/26 - EDINGER WARD POLE HIT 47790 2,598.25 03/19/26 01/28/2026 MAGNOLIA & TALBERT KD 47791 6,666.56 03/19/26 01/30/2026 - HEIL & HARBOR 1A KD 47793 6,352.80 03/19/26 FEB 2026 - ST LIGHTS ELECTRICITY 47855 18,181.18 03/12/26 FEB 2026 - T.S. MAINTENANCE 47852 3,235.24
03/19/26 FEB 2026 - T.S. CALL OUTS 47853 4,614.35
TOTAL STREET LIGHTING 61,958.60
03/12/26 2/2026 MEDIAN & ROW LANDSCAPE 47841 27,980.92
03/05/26 01/06/26 to 02/03/26 MEDIANS 47703 548.72
03/12/26 02/04/26 to 03/05/26 ROWS 47842 95.96
TOTAL RIGHTS-OF-WAY 28,625.60
03/12/26 2026 G-4 TREE MAINTENANCE SERVICES 47840 987.74 03/05/26 ROW TREES 47345 973.31
03/12/26 17889 SANTA VALERA EXTRA WORK CONTINGENCY 47837 773.35 03/05/26 REPLACEMENT CHAINS AND BAR OIL FOR

CHAINSAWS
47645 348.18
03/12/26 18405 JACARANDA ST EXTRA WORK CONTINGENCY 47839 651.24 TOTAL TREE MAINTENANCE 3,733.82
03/19/26 12/27/25-1/26/26 -CELLS AND TABLETS 47923 451.89 03/05/26 2-5-26 UNIFORMS 47595 25.11
03/05/26 SAFETY BOOTS-E.C. 47524 265.00
03/05/26 2-12-26 UNIFORMS 47596 28.93
03/05/26 2-19-26 UNIFORMS 47597 25.11
03/05/26 2/26/26 UNIFORMS 47662 25.11
03/05/26 01/29/26 to 03/01/26 IRRIGATION & PARKS 47706 671.92 03/19/26 02/05/26 to 03/08/26 NIEBLAS PARK (GARDENIA) 47957 29.27 TOTAL PARK MAINTENANCE 1,522.34
03/19/26 12/27/25-1/26/26 -CELLS AND TABLETS 47923 177.51 03/05/26 OTTERBOX CASE, SCREEN PROTECTORS 47544 40.18
03/05/26 ASPHALT AND MIX 47559 205.71
03/05/26 CONCRETE MIX 47557 351.52
AMAZON 5555
ALL AMERICAN ASPHALT 2318133
RESOURCE BUILDING MA 2318199
10050554 PAVEMENT MAINTENANCE
AT&T MOBILITY 2318275
CINTAS CORPORATION 6 2318149
SO CALIF EDISON CO 2318207
SO CALIF EDISON CO 2318341
RED WING BUSINESS AD 2318197
CINTAS CORPORATION 6 2318149
CINTAS CORPORATION 6 2318149
10050552 PARK MAINTENANCE
AT&T MOBILITY 2318275
CINTAS CORPORATION 6 2318149
ALAN'S LAWNMOWER & G 2318132
GREAT SCOTT TREE SER 5605
GREAT SCOTT TREE SER 5605
A.Y. NURSERY 2318130
GREAT SCOTT TREE SER 5605
SO CALIF EDISON CO 2318256
10050551 TREE MAINTENANCE
10050550 RIGHTS-OF-WAY
NIEVES LANDSCAPE, IN 2318242
SO CALIF EDISON CO 2318204
YUNEX, LLC 5618
YUNEX, LLC 5687
YUNEX, LLC 5687
YUNEX, LLC 5687
SO CALIF EDISON CO 2318340
YUNEX, LLC 5618
YUNEX, LLC 5618
YUNEX, LLC 5687
SO CALIF EDISON CO 2318202
SO CALIF EDISON CO 2318252
SO CALIF EDISON CO 2318339
AMAZON 5641
10050503 STREET LIGHTING
AT&T MOBILITY 2318224
CANON U.S.A., INC. 5563
AMAZON 5598
AGA ENGINEERS, INC 2318222
INTERWEST CONSULTING 5573
AMAZON 5555
10050500 ENGINEERING

Page 19 ends

03/05/26 2-5-26 UNIFORMS 47595 39.31
03/05/26 PAVEMENT BREAKER 47482 2,123.76
03/05/26 SAFETY VESTS 47481 690.02
03/05/26 2-12-26 UNIFORMS 47596 62.18
03/19/26 ASPHALT MIX 48063 308.90
03/19/26 CERT-CLASS A LICENSE 48062 98.00
03/05/26 CONCRETE MIX 47567 351.52
03/05/26 2-19-26 UNIFORMS 47597 39.31
03/19/26 ASPHALT MIX 48066 501.92
03/05/26 CONCRETE READY MIX 47759 314.52
03/05/26 2/26/26 UNIFORMS 47662 39.31
03/12/26 OIL 47857 393.30
TOTAL PAVEMENT MAINTENANCE 5,736.97
03/05/26 2-5-26 UNIFORMS 47595 13.81
03/05/26 2-12-26 UNIFORMS 47596 36.68
03/05/26 2-19-26 UNIFORMS 47597 32.87
03/05/26 2/26/26 UNIFORMS 47662 32.87
03/12/26 JAN 026 - MS4 AUDIT PREPARATION 47800 3,681.25 03/12/26 DEC 2025 - REVIEW AND REVISION OF LIP 47832 3,363.00 03/19/26 02/03/26-03/05/26-WALNUT PUMP STATION 47916 130.86 03/19/26 2/4/26-3/6/26 -SANDALWOOD PUMP STATION 47920 35.63 TOTAL STORM DRAIN MAINT 7,326.97
03/05/26 CLEAR TRANSFER TAPE FOR VINYL 47542 54.36
TOTAL TRAFFIC CONTROL 54.36
03/05/26 TAPE DISPENSER, STENO PADS 47541 44.57
03/05/26 INFIELD MIX FOR BALL FIELDS #1-15 47760 2,517.73 03/05/26 1/2026 SPORTS PARK LANDSCAPE MAINT 47496 42,618.77 03/05/26 FOLIAGE FOR SP MAIN ROAD 47757 863.08
03/19/26 MAINLINE BREAK OUTSIDE FIELD A 48043 1,422.28
03/05/26 FOLIAGE FOR SP MAIN ROAD 47756 655.50
03/19/26 IRRIGATION SPRINKLERS AND FLAGS FOR SP 48084 1,193.47 03/19/26 MAINLINE BREAK OUTSIDE FIELD A 48085 709.77
03/19/26 QC VALVE-SPORTS PARK 48083 1,627.52
TOTAL RECREATION CENTER 51,652.69
03/05/26 CREDIT FOR APPARATUS TIRES 45867 (134.00)
03/05/26 TRAVEL TRAILER RV COVER 47598 206.61
03/05/26 CHIEF NIGG DUTY UNIFORMS 47599 1,076.42
03/05/26 NGUYEN CLASS B DRESS PANTS 47600 174.56
03/05/26 NGUYEN BC DUTY UNIFORMS 47601 143.49
03/05/26 1.9.26-2.8.26 FIRE BACK UP CELLS 47602 733.32
03/05/26 STIHL FILTER/AIR FILTER LAWN MOWER AIR

CLEANER
47604 35.65
03/05/26 APPARATUS MAINTENANCE AND REPAIR UNIT# 284 47605 1,151.06 03/05/26 APPARATUS MAINTENANCE AND REPAIR UNIT# 320 47606 1,118.78 03/05/26 COFFEE LEASE.FILTER STATION 1 47607 120.84
03/05/26 RADIO EQUIPMENT REPAIRS 47608 764.00
03/05/26 TIRES FOR FIRE APPARATUS 47611 3,391.13
03/05/26 JANITORIAL SUPPLIES STATIONS 47613 85.86
ORANGE COUNTY TREASU 2318189
DANIEL'S TIRE SERVIC 2318156
AMAZON 5555
INLAND FLEET SOLUTIO 2318174
INLAND FLEET SOLUTIO 2318174
ARAMARK REFRESHMENT 2318136
LINEGEAR INC 5581
AT&T MOBILITY 2318139
AMAZON 5555
AMAZON 5555
LINEGEAR INC 5581
LINEGEAR INC 5581
10060600 FIRE SUPPRESSION
DANIEL'S TIRE SERVIC 2318156
HERITAGE LANDSCAPE 2318318
HERITAGE LANDSCAPE 2318318
HERITAGE LANDSCAPE 2318318
SAKIOKA WHOLESALE NU 2318200
HERITAGE LANDSCAPE 2318318
SAKIOKA WHOLESALE NU 2318200
AMAZON 5555
GAIL MATERIALS 2318169
MERCHANTS LANDSCAPE 5582
AMAZON 5555
10050558 RECREATION CENTER
SO CALIF GAS CO 2318345
10050556 TRAFFIC CONTROL
FUSCOE ENGINEERING 5604
JOHN L. HUNTER & ASS 5608
SO CALIF GAS CO 2318345
CINTAS CORPORATION 6 2318149
CINTAS CORPORATION 6 2318149
CINTAS CORPORATION 6 2318149
10050555 STORM DRAIN MAINT
CINTAS CORPORATION 6 2318149
RESOURCE BUILDING MA 2318199
CINTAS CORPORATION 6 2318149
VULCAN MATERIAL COMP 2318262
RESOURCE BUILDING MA 2318199
CINTAS CORPORATION 6 2318149
ALL AMERICAN ASPHALT 2318267
CINTAS CORPORATION 6 2318149
ALL AMERICAN ASPHALT 2318267
SANCHEZ, CESAR 5675
CINTAS CORPORATION 6 2318149
GRAINGER, INC. 2318171
FULL TRAFFIC MAINTEN 2318168

Page 20 ends

03/05/26 JANITORIAL SUPPLIES STATIONS 47614 166.27
03/05/26 JANITORIAL SUPPLIES STATIONS 47615 121.56
03/05/26 DEIONIZED WATER SYSTEM STATION 2 47616 130.75
03/05/26 IPHONE 16 SCREEN PROTECTOR 47617 21.72
03/05/26 5 PACK USB FAST CHARGER CABLES 47618 19.94
03/05/26 FFOFTHEYEAR PLAQUES 47619 30.00
03/05/26 AIR FILTER CHAINSAW PART 47620 10.53
03/19/26 1/27 - 2/26/26 - HR CELL PHONES 47876 186.97
03/19/26 REIMBURSE THANG TAILORING-CREDIT CARD NOT

ACCEPTED
47944 75.00
03/19/26 TOLL ROAD FEES 47956 18.98
03/19/26 2.26.26-3.25.26 FIRE CELLS 47977 51.27
03/19/26 SERVICE FOR HOLMATRO EQUIPMENT 47979 1,187.94
03/19/26 GAS CYLINDERS FOR TESTING GAS MONITORS 47981 1,237.73 03/19/26 DIONIZED WATER SYSTEM STATION 1 47982 132.75
03/19/26 DEIONIZED WATER TANK RENTAL STATION 2 47983 21.67 03/19/26 DEIONIZED WATER TANK RENTAL STATION 1 47984 21.67 03/19/26 APPARATUS MAINTENANCE AND REPAIR - #320 47986 2,966.81 03/19/26 APPARATUS MAINTENANCE AND REPAIR #8210 47988 23,702.76 03/19/26 FIRE DISPATCH-METRO NET FIRE AUTHORITY 3RD

QUARTER
48000 119,234.25
03/19/26 IPAD CASE 48002 179.22
03/19/26 MAC BOOK CHARGER 48003 28.26
03/19/26 2.23.26-3.22.26 FIRE AVL TRACKERS 48005 990.26 03/19/26 2.1.26-2.28.26 COFFEE LEASE STATION 1 48007 28.00 TOTAL FIRE SUPPRESSION 159,432.03
03/05/26 REPAIR/CLEAN TURNOUTS 47609 408.11
TOTAL PARAMEDICS 408.11
03/05/26 1.9.26 - 2.8.26 AMBULANCE CELL PHONE 47610 45.49 03/05/26 1.1.26-1.31.26 AMBULANCE BILLING SERVICES 47612 16,369.22 03/05/26 FIRST AID/MEDICAL SUPPLIES 47621 755.60
03/05/26 FIRST AID/MEDICAL SUPPLIES 47622 916.51
03/05/26 FIRST AID/MEDICAL SUPPLIES 47623 1,223.96
03/05/26 FIRST AID/MEDICAL SUPPLIES 47624 1,043.54
03/05/26 FIRST AID/MEDICAL SUPPLIES 47625 934.42
03/05/26 FIRST AID/MEDICAL SUPPLIES 47626 453.77
03/05/26 2.1.26-2.28.26 WITTMAN REFUND TO BLUE SHIELD 47627 119.16 03/05/26 FIRST AID/MEDICAL SUPPLIES 47628 1,196.25
03/05/26 FIRST AID/MEDICAL SUPPLIES 47629 325.16
03/05/26 FIRST AID/MEDICAL SUPPLIES 47630 1,196.25
03/05/26 FIRST AID/MEDICAL SUPPLIES 47631 325.16
03/05/26 FIRST AID/MEDICAL SUPPLIES 47632 1,196.25
03/05/26 FIRST AID/MEDICAL SUPPLIES 47633 1,196.25
03/05/26 FIRST AID/MEDICAL SUPPLIES 47634 1,196.25
03/05/26 AMBULANCE MEDICAL SUPPLIES 47635 2,392.50
03/19/26 FIRST AID/MEDICAL SUPPLIES 47945 1,125.71
03/19/26 FIRST AID/MEDICAL SUPPLIES 47946 1,689.86
03/19/26 FIRST AID/MEDICAL SUPPLIES 47952 131.36
03/19/26 OXYGEN CYLINDER RENTAL STATION 2 47954 64.40
03/19/26 OXYGEN CYLINDER RENTALS STATION 1 47955 136.85 03/19/26 HEARTSTART AED 47966 2,658.39
SPECTRUM GAS PRODUCT 2318347
SPECTRUM GAS PRODUCT 2318347
BOUND TREE MEDICAL 5643
LIFE ASSIST 5664
BOUND TREE MEDICAL 5643
BOUND TREE MEDICAL 5643
TELEFLEX FUNDING, LL 2318213
TELEFLEX FUNDING, LL 2318213
TELEFLEX FUNDING, LL 2318213
TELEFLEX FUNDING, LL 2318213
TELEFLEX FUNDING, LL 2318213
TELEFLEX FUNDING, LL 2318213
AMBULANCE REFUND 2318134
TELEFLEX FUNDING, LL 2318213
TELEFLEX FUNDING, LL 2318213
LIFE ASSIST 5580
LIFE ASSIST 5580
LIFE ASSIST 5580
BOUND TREE MEDICAL 5560
BOUND TREE MEDICAL 5560
LIFE ASSIST 5580
10060602 AMBULANCE SERVICES
AT&T MOBILITY 2318140
WITTMAN ENTERPRISES, 5596
10060601 PARAMEDICS
TURNOUT MAINTENANCE 2318218
VERIZON WIRELESS 2318363
ARAMARK REFRESHMENT 2318273
CITY OF ANAHEIM/METR 2318290
AMAZON 5641
AMAZON 5641
PURETEC INDUSTRIAL W 2318332
INLAND FLEET SOLUTIO 2318319
INLAND FLEET SOLUTIO 2318319
KINGDOM CALIBRATIONS 2318321
PURETEC INDUSTRIAL W 2318332
PURETEC INDUSTRIAL W 2318332
TOLL ROADS VIOLATION 2318351
VERIZON WIRELESS 2318360
WESTERN EXTRICATION 2318364
AMAZON 5555
AT&T MOBILITY 2318276
NGUYEN, THANG T 5667
AMAZON 5555
AMAZON 5555
AWARDS & TROPHIES CO 2318141
AMAZON 5555
AMAZON 5555
PURETEC INDUSTRIAL W 2318194

Page 21 ends

03/19/26 WITTMAM MARCH REFUND TO DAVID CAPANASH 47967 250.00 03/19/26 WITTMAN MARCH REFUND TO RAWLONGS

COMPANY
47968 3,283.25
03/19/26 WITTMAN MARCH REFUND TO UCI HEALTH 47969 1,175.28 03/19/26 WITTMAN MARCH REFUND TO CALOPTIMA 47970 426.95 03/19/26 2.26.26-3.25.26 AMBULANCE CELL 47978 38.83
03/19/26 FIRST AID/MEDICAL SUPPLIES 47985 465.88
03/19/26 AMBULANCE SERVICES - OT PAY PERIOD 2026-03 47990 137.88 03/19/26 AMBULANCE SERVICES - OT PAY PERIOD 2026-02 47991 114.90 03/19/26 AMBULANCE SERVICES - OT PAY PERIOD 2026-01 47992 76.60 03/19/26 AMBULANCE SERVICES - OT PAY PERIOD 2025-26 47993 107.24 03/19/26 AMBULANCE SERVICES - OT PAY PERIOD 2025-25 47994 255.84 03/19/26 AMBULANCE SERVICES - OT PAY PERIOD 2025-24 47995 330.91 03/19/26 1.1.26-1.31.26 SURGE AMBULANCE SERVICES 47996 25,950.00 03/19/26 2.17.26-3.2.26 CONTRACT AMBULANCE SERVICES 47998 57,196.44 03/19/26 2.3.26-2.16.26 CONTRACT AMBULANCE SERVICES 47999 57,196.44 03/19/26 2.23.26-3.22.26 AMBULANCE AVL TRACKERS 48004 152.04 03/19/26 FIRST AID/MEDICAL SUPPLIES 48018 353.41
03/19/26 FIRST AID/MEDICAL SUPPLIES 48019 230.21
03/19/26 FIRST AID/MEDICAL SUPPLIES 48020 1,196.25
TOTAL AMBULANCE SERVICES 185,630.66
03/05/26 NGUYEN BC DUTY UNIFORMS 47601 1,385.48
03/05/26 FIRE MARSHAL WALLET BADGE 47603 204.87
03/19/26 1/27 - 2/26/26 - HR CELL PHONES 47876 96.01
03/19/26 2.26.26-3.25.26 FIRE CELLS 47977 (37.36)
03/19/26 2.1.26-2.28.26 FIRE FILE STORAGE 47980 9.31
03/19/26 2.1.26-2.28.26 FIRE PLAN CHECKS 47989 2,877.25 03/19/26 DINNER - FIRE PREVENTION CONFERENCE 48011 21.79 03/19/26 DINNER FIRE PREVENTION CONFERENCE 48012 32.31
03/19/26 LUNCH FIRE PREVENTION CONFERENCE 48013 26.53
03/19/26 DINNER FIRE PREVENTION CONFERENCE 48014 32.31
03/19/26 HOTEL CHARGES FIRE PREVENTION CONFERENCE 48015 1,105.64 03/19/26 REFUND 31224 - FIRE PLAN CHECK 48151 2,008.73
TOTAL FIRE PREVENTION 7,762.87
03/19/26 RESERVE MEAL STIPEND - FEBRUARY 47947 40.00
03/19/26 RESERVE MEAL STIPEND - FEBRUARY 47948 40.00
03/19/26 RESERVE MEAL STIPEND - FEBRUARY 47949 40.00
03/19/26 RESERVE MEAL STIPEND - FEBRUARY 47950 40.00
03/19/26 RESERVE MEAL STIPEND - FEBRUARY 47951 40.00
TOTAL FIRE RESERVES 200.00
03/19/26 1/27 - 2/26/26 - HR CELL PHONES 47876 45.48
03/19/26 1.9.26-2.8.26 FIRE CELLS 47971 0.07
03/19/26 2.26.26-3.25.26 FIRE CELLS 47977 38.83
TOTAL DISASTER PREPAREDNESS 84.38
03/05/26 STORAGE 2014 KIA OPTIMA 47671 900.00
10070700 PATROL
BEST TOWING AND TRAN 2318142
AT&T MOBILITY 2318276
AT&T MOBILITY 2318282
VERIZON WIRELESS 2318360
CHEN, SCOTT 5648
10060605 DISASTER PREPAREDNESS
BALLANTYNE, RILEY M 5642
WESLEY, KAILER 5686
HOWREN, DONALD 5660
10060604 FIRE RESERVES
ORDUNO, VICTOR E 5670
LYONS, SCOTT 5665
LYONS, SCOTT 5665
USA FIRE PROTECTION 2318355
LYONS, SCOTT 5665
LYONS, SCOTT 5665
LYONS, SCOTT 5665
VERIZON WIRELESS 2318360
GRM INFORMATION MANA 5658
VCA CODE 5685
LINEGEAR INC 5581
ENTENMANN-ROVIN CO. 2318162
AT&T MOBILITY 2318276
TELEFLEX FUNDING, LL 2318349
10060603 FIRE PREVENTION
VERIZON WIRELESS 2318362
BOUND TREE MEDICAL 5643
LIFE ASSIST 5664
CARE AMBULANCE 5647
CARE AMBULANCE 5647
CARE AMBULANCE 5647
CARE AMBULANCE 5647
CARE AMBULANCE 5647
CARE AMBULANCE 5647
CARE AMBULANCE 5647
CARE AMBULANCE 5647
CARE AMBULANCE 5647
AMBULANCE REFUND 2318268
VERIZON WIRELESS 2318361
BOUND TREE MEDICAL 5643
AMBULANCE REFUND 2318269
AMBULANCE REFUND 2318270
AMBULANCE REFUND 2318271

Page 22 ends

03/05/26 JAN 2026 - OUTREACH SERVICES 47675 31,416.62
03/05/26 CHIEF HEREDIA UNIFORM 47689 1,872.42
03/12/26 CLASSROOM AND MAT TRAINING DAYS 47771 3,400.00 03/05/26 (4) NEW BADGES 47673 606.38
03/05/26 RECORDS STAMP 47679 68.57
03/05/26 CHIEF KEURIG COFFEE PODS 47678 41.99
03/05/26 FIRST AID KIT REFILL 47695 262.76
03/12/26 JAN-FEB 2026 ORGANIZATIONAL ASSESSMENT 47772 12,945.50 03/19/26 SHOULDER AND BADGE PATCHES 48098 1,881.25
03/19/26 PRE-BOOKING & PRISONER PROPERTY INVENTORY
FORMS
48118 135.20
03/05/26 FEB 2026 - BLOOD DRAWS 47693 1,896.00
03/05/26 JAN 2026 - BOOKING FEES 47697 730.00
03/05/26 FORD EXPLORER TINT 47696 157.50
03/19/26 HAZARD WASTE CLEAN-UP DR 26-06948 48120 2,558.00 03/19/26 WATER SYSTEM - CULLIGAN 03/01/26 - 03/31/26 48064 374.12 03/19/26 VICTIM EXAMS DR 26-05122 & DR 26-06195 48122 2,400.00 03/05/26 MEALS/MILEAGE AGITATOR COURSE 47660 161.29
03/12/26 GGUSD STATE OF THE DISTRICT EVENT (3) SEATS 47770 225.00 03/12/26 TUITION - DUI SEMINAR - G. HEISE 47784 620.00
03/19/26 J. HOLLY UNIFORM AND EQUIPMENT 48099 1,268.07
03/19/26 RECORDS SUPPLIES 48125 82.10
03/19/26 SHREDDING - 2/4 & 2/18 48121 264.00
03/12/26 PETTY CASH REIMBURSEMENT 47835 553.91
03/19/26 EVIDENCE STORAGE - DR 26-03084 48108 450.00
03/19/26 RECORDS SUPPLIES 48106 70.44
03/19/26 MILEAGE DRE RECERTIFICATION 48115 116.29
TOTAL PATROL 65,457.41
03/05/26 JAN 2026 - PARTIAL PAYMENT OF PD LIVE SCAN
FEES
47691 305.00
03/05/26 PROPERTY SUPPLIES 47657 265.82
03/05/26 PROPERTY SUPPLIES 47661 704.53
03/05/26 BIOHAZARD WASTE PICKUP 47694 99.42
03/19/26 FEB 2026 - SEARCHES 48102 655.00
03/05/26 10X10 RECRUITMENT BOOTH 47656 500.00
03/19/26 FEB 2026 - AFIS 48104 1,688.00
03/12/26 PETTY CASH REIMBURSEMENT 47835 23.40
TOTAL INVESTIGATION 4,241.17
03/05/26 2/1/26-2/14/26 CROSSING GUARDS 47670 10,030.36 03/05/26 1/30/26-2/26/26 PARKING ENFORCEMENT 47698 13,763.65 03/19/26 2/15/26-2/28/26 - CROSSING GUARDS 48117 10,172.11 03/12/26 PETTY CASH REIMBURSEMENT 47835 48.64
03/19/26 TIRE MARKING CRAYONS 48111 69.95
TOTAL TRAFFIC 34,084.71
03/19/26 POMIX VET SERVICES 48100 1,325.00
03/19/26 POMIX BOARDING 3/7/26-3/8/26 48101 69.00
TOTAL CANINE 1,394.00
03/19/26 FEB 2026 - NON-EMERGENCY TRANSLATIONS 48124 28.29 03/19/26 RADIO REPAIR AND LABOR 48110 597.99
10070705 L.E. COMMUNICATIONS
CYRACOM INTERNATIONA 5650
COUNTY OF ORANGE 2318295
COMMUNITY VETERINARY 2318292
COMMUNITY VETERINARY 2318292
AMAZON 5641
10070703 CANINE
UNIVERSAL PROTECTION 5594
ALL CITY MANAGEMENT 5640
PETTY CASH FIELD SER 2318244
10070702 TRAFFIC
ALL CITY MANAGEMENT 5554
42 FOUNDATION 5552
COUNTY OF ORANGE 2318295
PETTY CASH FIELD SER 2318244
AMAZON 5555
EFFICIENT X-RAY, INC 2318161
THOMSON REUTERS WEST 2318350
10070701 INVESTIGATION
DEPARTMENT OF JUSTIC 2318158
AMAZON 5555
AMAZON 5641
HUNTER, ADAM 5661
SHRED-IT USA LLC 2318337
PETTY CASH FIELD SER 2318244
G & W TOWING 2318315
CAVENAUGH & ASSOCIAT 2318228
OC UNIFORMS & TAILOR 2318326
AMAZON 5641
FORENSIC NURSE SPECI 2318303
PENNELLA, AUSTIN 5585
GARDEN GROVE UNIFIED 2318238
THE TINT PROS 2318215
STERI CLEAN 2318348
QUENCH USA INC 5671
COUNTY OF ORANGE 2318295
CALIF FORENSIC PHLEB 2318145
CITY OF SANTA ANA 2318151
CINTAS CORPORATION 2 2318148
BAKER TILLY ADVISORY 5600
PREMIER UNIFORMS 2318331
V&V MANUFACTURING, I 2318219
AMAZON 5555
AMAZON 5555
CITY NET 2318150
OC UNIFORMS & TAILOR 2318188
CITY OF WESTMINSTER 2318229

Page 23 ends

TOTAL L.E. COMMUNICATIONS 626.28
03/05/26 JR POLICE BADGES 47688 587.53
03/05/26 RUBBER WRISTBANDS 47663 43.35
03/05/26 PRESENTATION FOLDERS 47692 22.55
03/12/26 PETTY CASH REIMBURSEMENT 47835 101.00
TOTAL CRIME PREVENTION 754.43
03/12/26 CLASSROOM AND MAT TRAINING DAYS 47771 1,380.00 03/05/26 FEB 2026 - RANGEMASTER 47674 1,000.00
TOTAL RANGE 2,380.00
03/05/26 HELIUM REFILL 02/28/2026 47652 26.00
03/19/26 WATER SYSTEM - CULLIGAN 03/01/26 - 03/31/26 48064 239.26 03/05/26 REFUND FOR RENTAL ON 2/21/26 AT RC 47647 1,110.00 03/05/26 REFUND FOR RENTAL ON 3/21/26 47648 150.00
TOTAL RECREATION CENTER 1,525.26
03/05/26 SLOW PITCH SOFTBALLS FOR ADULT SOFTBALL

LEAGUES
47594 1,416.95
03/12/26 SCMAF OFFICIALS AND SCOREKEEPING TRAINING 47828 35.00 03/12/26 YOUTH BASKETBALL WINTER 2026 TROPHIES 47829 569.85 03/12/26 UMPIRE FEES FOR GAMES SCHEDULED 2/13/26-
3/6/26
47856 1,772.00
03/19/26 UMPIRE FEES FOR GAMES SCHEDULED 2/9/26-
2/20/26
48041 378.00
TOTAL ATHLETICS 4,171.80
03/12/26 (40) BAGS OF CONDITIONER & (40) BAGS OF QUICK
DRY
47789 1,127.04
03/12/26 (12) BASE ANCHORS FOR BALLFIELDS 47797 435.40
TOTAL FIELD OPERATIONS 1,562.44
03/19/26 OFFICE SUPPLIES 47830 54.16
03/19/26 1/27 - 2/26/26 R FRIZZELLE CELL PHONE 47905 45.49 03/05/26 SC HELIOUM TANK RENTAL 47718 13.00
03/19/26 WATER SYSTEM - CULLIGAN 03/01/26 - 03/31/26 48064 67.43 03/19/26 WORKSHOP FOR TIMELESS MELODIES 47847 150.00
03/19/26 OFFICE SUPPLIES 47963 60.53
03/12/26 SENIOR CENTER SUPPLY 47825 34.08
03/19/26 SC FITNESS ROOM MONTHLY SERVICE & REPAIRS 47965 210.00 03/19/26 CATERING FOR ST. PATRICK'S DAY LUNCHEON 48078 1,268.76 03/19/26 ENTERTAINMENT FOR ST. PATRICK'S LUNCHEON 48158 300.00 TOTAL SENIOR & COMM CENTER 2,203.45
03/19/26 SENIOR TRANSPORTATION SERVICES -
JANUARY2026
48113 14,184.00
TOTAL SENIOR TRANSPORTATION 14,184.00
03/05/26 RC OFFICE SUPPLIES 47649 46.61
03/12/26 INSTRUCTOR PAYMENT 101955 47749 636.15
03/12/26 INSTRUCTOR PAYMENT 105983 47751 42.00
03/12/26 INSTRUCTOR PAYMENT FOR SPRING 2026 47805 455.00 03/12/26 REC SVCS REFUND REFUND FOR 351139-A2 & 371136-A2 47826 2318247 50.00 WEST GROVE VOLLEYBAL 5617
OC LIFESTYLE 5612
DANCE WITH KIMBERLY 5602
10080820 CONTRACT CLASSES
AMAZON 5555
10080811 SENIOR TRANSPORTATION
OCY MANAGEMENT LLC 5668
S.C. GYM REPAIR 2318336
LEI JES CATERING 5663
HARTERY, WILLIAM 2318317
TIMELESS MELODIES 5682
AMAZON 5641
AMAZON 5598
AT&T MOBILITY 2318279
SPECTRUM GAS PRODUCT 2318208
QUENCH USA INC 5671
10080810 SENIOR & COMM CENTER
AMAZON 5641
10080802 FIELD OPERATIONS
SITEONE LANDSCAPE SU 2318251
SPORTS FACILITIES GR 2318259
D&B UMPIRES 2318232
D&B UMPIRES 2318296
SPORTS FACILITIES GR 2318209
SCMAF - ORANGE COUNT 2318249
G & G TROPHY LLC 2318237
REC SVCS REFUND 2318195
10080801 ATHLETICS
SPECTRUM GAS PRODUCT 2318208
QUENCH USA INC 5671
REC SVCS REFUND 2318196
ADKINS, BERTRUM A. 5553
10080800 RECREATION CENTER
10070708 RANGE
CITY OF WESTMINSTER 2318229
AMAZON 5555
AMAZON 5555
PETTY CASH FIELD SER 2318244
10070707 CRIME PREVENTION
JRBADGES 2318176

Page 24 ends

03/12/26 REFUND FOR 322040-A1 47827 98.00
03/19/26 REFUND FOR PERSONAL TRAINING 371192-A2 47848 204.00 03/19/26 INSTRUCTOR PAYMENT 100500 47872 254.80
TOTAL CONTRACT CLASSES 1,786.56
03/05/26 EGG HUNT SUPPLIES 47650 280.61
03/05/26 EGG HUNT STICKERS 47651 13.04
TOTAL SPECIAL EVENTS 293.65
03/19/26 ENTERPRISE ERP MAINTENANCE 25/26 48091 122,897.90 03/19/26 REFUND 31224 - FIRE PLAN CHECK 48151 105.72
TOTAL ISF INFORMATION PROCESSING 123,003.62
03/19/26 LEXIPOL LEFTA FTO SUBSCRIPTION 47875 3,675.00
03/05/26 25/26 ANNUAL RENEWAL PLANETBIDS -

PURCHASING
47653 22,745.49
03/19/26 MARLOW (AFR) SOFTWARE SUBSCRIPTION 45918 5,400.00 03/05/26 SWAP EXTENTIONS #507 - #560 47333 115.00
03/19/26 ENTERPRISE ERP MAINTENANCE 25/26 48091 122,897.90 03/19/26 NEC SUPPORT RENEWAL 47838 2,728.77
03/19/26 LEXIPOL SSO ADDENDUM 47330 7,339.50
03/05/26 NEOGOV RENEWAL 3/7/25-3/6/27 47311 22,576.87
03/19/26 BRIGHTLY SOFTWARE WORK ORDER SYSTEM 47478 9,721.40 03/05/26 2/1 - 2/28/26 CH FIBER 47304 1,975.00
03/19/26 2/1 - 2/28/26 PD CABLE TV 47305 106.68
03/05/26 CONTRACT 41585 OVERAGE 1/6 - 2/5/26 47516 23.05 03/05/26 CONTRACT 41194 OVERAGE 1/18 - 2/17/26 47517 8.30 03/19/26 RICOH LEASED 24 - 2/15 - 3/15/26 47738 4,922.28 03/19/26 DROPBOX SUBSCRIPTION RENEWAL FEB-26 TO FEB
27 47877 6,400.00
03/05/26 VEEAM LICENSES FOR SCADA UPGRADE 47534 3,657.00 03/05/26 BARRACUDA BACKUPS 2/27/26-2/26/27 47578 31,752.00 03/05/26 CONTRACT 41290 OVERAGE 1/26 - 2/25/26 47683 1,175.67 03/05/26 CISCO DUO RENEWAL 3/9/26-3/8/27 47639 9,852.00 03/05/26 COM-STRAT TEAMS PHONE INTEGRATION 47655 5,557.50 03/05/26 KEYBOARDS AND MOUSE COMBOS 47685 260.97
03/05/26 DESKTOP SPEAKERS 47686 40.73
03/05/26 WEB CAMS, HEADSETS, LABEL PRINTERS 47687 3,072.10 03/19/26 3/1 - 3/31/26 PD CABLE TV 47925 175.35
03/19/26 3/1 - 3/31/26 PD CABLE TV 47927 111.97
03/19/26 3/1 - 3/31/26 CH FIBER 47928 1,975.00
03/19/26 CONTRACT 41635 OVERAGE 2/3 - 3/2/26 47899 57.22 03/19/26 CONTRACT OVERAGE 3/1 - 3/31/26 47900 64.61
03/19/26 CONTRACT 41585 OVERAGE 2/6 - 3/5/26 47901 39.16 03/19/26 RON TURLEY ASSOCIATE SUBSCRIPTION 4/1/26-
6/30/26
47891 530.07
TOTAL ISF IS ADMIN CAPITAL 268,956.59
03/05/26 12/27 - 1/26/26 EMERGENCY CELLS 47295 271.76
03/19/26 1/27 - 2/26/26 IT STAFF PHONES 47903 107.13
03/19/26 1/27 - 2/26/26 EMERGENCY CELLS 47909 1,984.32
TOTAL ISF IS 2,363.21
03/19/26 AT&T MOBILITY 12/27/25-1/26/26 -CELLS AND TABLETS 47923 2318275 349.67 AT&T MOBILITY 2318280
11110000 ISF GB CITY HALL
11010104 ISF IS
AT&T MOBILITY 2318137
AT&T MOBILITY 2318278
ADVANCED OFFICE / IN 2318265
RON TURLEY ASSOCIATE 2318335
CHARTER COMMUNICATIO 2318289
ADVANCED OFFICE / IN 2318265
ADVANCED OFFICE / IN 2318265
AMAZON 5555
CHARTER COMMUNICATIO 2318286
CHARTER COMMUNICATIO 2318288
COMMUNICATION STRAT 5568
AMAZON 5555
AMAZON 5555
GOLDEN STAR TECHNOLO 5570
ADVANCED OFFICE / IN 2318131
NMK CORPORATION 2318186
ADVANCED OFFICE / IN 2318264
DROPBOX, INC 2318298
GOLDEN STAR TECHNOLO 5570
CHARTER COMMUNICATIO 2318285
ADVANCED OFFICE / IN 2318131
ADVANCED OFFICE / IN 2318131
NEOGOV 2318183
BRIGHTLY SOFTWARE 5645
CHARTER COMMUNICATIO 2318146
TYLER TECHNOLOGIES 2318353
CMS SOLUTIONS, INC 5649
LEXIPOL LLC 2318322
PLANETBIDS LLC 5586
AFR ENGINE 5639
CMS SOLUTIONS, INC 5567
11010050 ISF IS ADMIN CAPITAL
LEXIPOL LLC 2318322
11000000 ISF INFORMATION PROCESSING
TYLER TECHNOLOGIES 2318353
USA FIRE PROTECTION 2318355
AMAZON 5555
AMAZON 5555
DEN HARTOG, ERICA 5652
10080821 SPECIAL EVENTS
REC SVCS REFUND 2318246
COM SVCS REFUND 2318291

Page 25 ends

03/05/26 11/30-12/29/25 & 12/30-1/29/26 LD SELECT 47303 25.34 03/05/26 02/26 MONTHLY SERVICE 47199 3,676.12
03/05/26 2-5-26 UNIFORMS 47595 18.86
03/05/26 QUARTERLY CLIMATEC TSA AGREEMENT 47566 414.09
03/05/26 2-12-26 UNIFORMS 47596 18.86
03/05/26 1-4/2026 QUARTERLY FIRE SPRINKLER SERVICE 47556 245.00 03/05/26 3/2026 MONTHLY PEST CONTROL-CITY HALL 47523 76.00 03/05/26 2-19-26 UNIFORMS 47597 14.73
03/05/26 2/26/26 UNIFORMS 47662 14.73
03/19/26 2/28 - 3/27/26 EOC LINES 47933 870.38
03/19/26 WATER FEATURE CHEMICALS 47935 180.94
03/19/26 1/9 - 2/26/26 LD SELECT 47937 17.06
03/19/26 2/2026 WATER FEATURE MAINTENANCE 48094 890.00
03/19/26 3/1 - 3/31/26 METRONET 47930 536.48
03/12/26 4/1/26-3/30/26 SEMI ANNUAL FIRE TESTING-CITY
HALL
47865 126.00
03/12/26 4/1/26-6/30/26 ACCESS CONTROL-CITY HALL 47868 47.25 03/19/26 AIR FRESHENERS 48087 155.07
03/19/26 PAINT RISK MANAGER'S OFFICE 48089 53.72
03/19/26 2/3/26-3/5/26 - CITY HALL 47894 1,041.51
03/19/26 02/06/26 to 03/09/26 CITY HALL 47958 6,988.44
03/19/26 4/2026 PEST CONTROL-PD 48080 76.00
TOTAL ISF GB CITY HALL 15,836.25
03/12/26 4/1/26-6/30/26 FIRE ALARM SERVICES-CITY HALL 47833 627.21 TOTAL ISF GB B&G CLUB 627.21
03/05/26 02/26 MONTHLY SERVICE 47199 2,968.13
03/05/26 QUARTERLY CLIMATEC TSA AGREEMENT 47566 86.67
03/05/26 ASBESTOS SURVEY 47490 787.50
03/05/26 3/1/26-3/31/26 ELEVATOR SERVICES-CITY YARD 47764 235.05 03/05/26 1-4/2026 QUARTERLY FIRE SPRINKLER SERVICE 47556 245.00 03/05/26 BATTERIES 47529 27.16
03/19/26 1/22 - 2/21/26 FS32/CY/REC PHONES 47924 213.12 03/05/26 CORE REPLACEMENT FOR IRRIGATION 47667 80.00
03/19/26 1/25/26-2/25/26 ELEVATOR CELL SERVICE 47921 48.00 03/12/26 4/1/26-6/30/26 BURG/FIRE ALARM-CITY YARD 47862 493.41 03/12/26 02/04/26 to 03/05/26 CORPORATION YARD 47843 2,568.04 03/19/26 HEATER REPAIR STREETS DEPT 48072 151.73
03/19/26 BALLAST FOR STREET'S BAY LIGHTS 48092 222.40
03/19/26 LED BULBS FOR STREET'S BAY 48093 641.63
03/19/26 CORNER GUARD LUNCH ROOM VINYL 48086 176.07
03/19/26 02/04/26-03/06/26- CITY YARD 47918 269.19
TOTAL ISF GB CITY YARD 9,213.10
03/05/26 GATE OPERATOR REPAIR 47572 572.50
03/05/26 QUARTERLY CLIMATEC TSA AGREEMENT 47566 69.02
03/19/26 2/13 - 3/12/26 FS#1 PHONE 47740 221.53
03/12/26 2/2026 QUARTERLY PEST-FIRE #1 47870 85.00
03/05/26 AC#6,7 REPAIR 47486 988.00
03/19/26 FUEL DISPENSING FEE 48133 167.19
03/19/26 FY25/26 FEE FOR EMISSIONS 48134 170.94
03/05/26 ICE MACHINE NEEDS REPLACEMENT 47487 324.00
SOUTH COAST AIR QUAL 2318346
PACIFIC COAST REFRIG 2318190
ROAD RUNNER EXTERMIN 5614
PACIFIC COAST REFRIG 2318190
SOUTH COAST AIR QUAL 2318346
AR INDUSTRIES 2318135
CLIMATEC, LLC 5566
FRONTIER COMMUNICATI 2318306
SO CALIF GAS CO 2318345
11160001 ISF GB FS1
REGENCY ENTERPRISES, 5672
REGENCY ENTERPRISES, 5672
GRAINGER, INC. 5657
JMG SECURITY SYSTEMS 5607
SO CALIF EDISON CO 2318257
GRAINGER, INC. 5657
AT&T 2318274
KEN'S LOCKSMITHERY 2318177
MARCOM COMMUNICATION 2318324
AMTECH ELEVATOR SERV 5557
TRICOM FIRE & ELECTR 2318216
AMAZON 5555
DMS FACILITY SERVICE 2318160
CLIMATEC, LLC 5566
CARDINAL ENVIRONMENT 5564
JMG SECURITY SYSTEMS 5607
11150000 ISF GB CITY YARD
ROAD RUNNER EXTERMIN 5674
11110001 ISF GB B&G CLUB
DUNN-EDWARDS CORPORA 2318299
SO CALIF GAS CO 2318345
SO CALIF EDISON CO 2318342
JMG SECURITY SYSTEMS 5607
JMG SECURITY SYSTEMS 5607
GRAINGER, INC. 5657
VERIZON SELECT SERVI 2318356
CALIFORNIA WATERS, L 2318284
FRONTIER COMMUNICATI 2318309
CINTAS CORPORATION 6 2318149
FRONTIER COMMUNICATI 2318312
CALIFORNIA WATERS, L 2318284
TRICOM FIRE & ELECTR 2318216
ROAD RUNNER EXTERMIN 5587
CINTAS CORPORATION 6 2318149
CINTAS CORPORATION 6 2318149
CLIMATEC, LLC 5566
CINTAS CORPORATION 6 2318149
VERIZON SELECT SERVI 2318220
DMS FACILITY SERVICE 2318160

Page 26 ends

03/19/26 2/22 - 3/21/26 FS#1 CKT 47741 41.79
03/19/26 3/1 - 3/31/26 FS#1 METRONET 47929 86.98
03/05/26 01/29/26 to 03/01/26 FIRE STATION NO. 1 47704 1,891.96 03/19/26 02/03/26-03/05/26-FIRE STATION #2 47914 557.97 03/19/26 FIRE 1 GATE REPAIR 48077 572.50
TOTAL ISF GB FS1 5,749.38
03/05/26 QUARTERLY CLIMATEC TSA AGREEMENT 47566 69.01
03/05/26 ASBESTOS SURVEY 47490 787.50
03/05/26 3/2026 MONTHLY PEST SERVICES-FIRE STATION #2 47570 85.00 03/05/26 1-4/2026 QUARTERLY FIRE SPRINKLER SERVICE 47556 245.00 03/19/26 1/20 - 2/19/26 CKT METRO 47742 58.69
03/19/26 1/22 - 2/21/26 FS32/CY/REC PHONES 47924 213.12 03/05/26 01/22/26 to 02/22/26 FIRE STATION NO. 2 47558 833.88 03/19/26 02/04/26-03/06/26 -FIRE STATION #2 47919 243.99 TOTAL ISF GB FS2 2,536.19
03/05/26 2026 ANNUAL ELEVATOR PERMIT 47761 225.00
03/05/26 12/27 - 1/26/26 PD MDC 47297 1,078.24
03/05/26 1/28 - 2/27/26 CENTRA NET TO 911 47302 359.47
03/05/26 02/26 MONTHLY SERVICE 47199 7,651.77
03/05/26 QUARTERLY CLIMATEC TSA AGREEMENT 47566 414.09
03/05/26 ASBESTOS SURVEY 47490 787.50
03/19/26 2/13 - 3/12/26 PD DISPATCH 47739 115.58
03/05/26 3/1/26-3/31/26 ELEVATOR SERVICES PD 47762 212.51 03/12/26 2026 AQMD DIESEL FUEL INSPECTION 47873 565.63
03/12/26 FY25-26 FEE FOR YEAR EMISSIONS-PD 47874 170.94 03/05/26 1-4/2026 QUARTERLY FIRE SPRINKLER SERVICE 47556 245.00 03/05/26 JAN 2026 - OCATS 47658 1,374.20
03/05/26 3/2026 MONTHLY PEST CONTROL-PD 47520 112.00
03/19/26 2/23 - 3/22/26 PD MDC 47707 1,159.83
03/05/26 PD ENTRANCE LIGHT REPAIR 47664 1,070.00
03/19/26 2/25 - 3/24/26 PD DISPATCH 47934 997.61
03/19/26 1/27 - 2/26/26 PD MDC 47902 1,078.24
03/19/26 2/28 - 3/27/26 PD DISPATCH 47931 553.02
03/19/26 2/28 - 3/27/26 CENTRA NET TO 911 47932 439.09
03/12/26 4/1/26-6/30/26 SEMI-ANNUAL FIRE TESTING-PD 47863 1,236.00 03/19/26 PAINT FOR DETECTIVE CONFERENCE ROOM 48067 31.83 03/19/26 RETURN-PAINT FOR PD 48070 (62.01)
03/19/26 PAINT FOR DETECTIVE CONFERENCE ROOM 48114 124.95 03/19/26 2/3/26-3/5/26 -PD 47893 1,299.29
03/19/26 02/06/26 to 03/09/26 POLICE DEPARTMENT 47959 7,924.63 03/19/26 3/2026 ACCESS CONTROL-PD 48076 771.25
03/19/26 4/2026 PEST CONTROL PD 48079 112.00
TOTAL ISF GB POLICE DEPARTMENT 30,047.66
03/12/26 FIELD LIGHT REPAIRS 47768 7,282.32
03/05/26 02/26 MONTHLY SERVICE 47199 15,816.57
03/05/26 QUARTERLY CLIMATEC TSA AGREEMENT 47566 276.06
03/05/26 ASBESTOS SURVEY 47490 787.50
03/05/26 3/1/26-3/31/26 ELEVATOR SERVICES-SENIOR
CENTER
47765 201.52
CARDINAL ENVIRONMENT 5564
AMTECH ELEVATOR SERV 5557
DAY LITE MAINTENANCE 5603
DMS FACILITY SERVICE 2318160
CLIMATEC, LLC 5566
ROAD RUNNER EXTERMIN 5674
11180000 ISF GB REC CENTER
SO CALIF GAS CO 2318345
SO CALIF EDISON CO 2318343
JMG SECURITY SYSTEMS 5662
DUNN-EDWARDS CORPORA 2318299
DUNN-EDWARDS CORPORA 2318299
DUNN-EDWARDS CORPORA 2318299
FRONTIER COMMUNICATI 2318310
FRONTIER COMMUNICATI 2318311
JMG SECURITY SYSTEMS 5607
DAVID CROWELL ELECTR 2318157
FRONTIER COMMUNICATI 2318313
AT&T MOBILITY 2318277
COUNTY OF ORANGE 2318155
ROAD RUNNER EXTERMIN 5587
VERIZON WIRELESS 2318358
SOUTH COAST AIR QUAL 2318258
SOUTH COAST AIR QUAL 2318258
TRICOM FIRE & ELECTR 2318216
CARDINAL ENVIRONMENT 5564
FRONTIER COMMUNICATI 2318305
AMTECH ELEVATOR SERV 5557
FRONTIER COMMUNICATI 2318167
DMS FACILITY SERVICE 2318160
CLIMATEC, LLC 5566
11170000 ISF GB POLICE DEPARTMENT
STATE OF CALIF INDUS 2318210
AT&T MOBILITY 2318138
SO CALIF EDISON CO 2318201
SO CALIF GAS CO 2318345
TRICOM FIRE & ELECTR 2318216
AT&T 2318274
AT&T 2318274
CLIMATEC, LLC 5566
CARDINAL ENVIRONMENT 5564
ROAD RUNNER EXTERMIN 5587
AR INDUSTRIES 2318272
11160002 ISF GB FS2
FRONTIER COMMUNICATI 2318308
SO CALIF EDISON CO 2318205
SO CALIF GAS CO 2318345
FRONTIER COMMUNICATI 2318307

Page 27 ends

03/05/26 KEYS FOR SNACK BAR A 47489 177.81
03/05/26 3/2026 MONTHLY PEST SERVICES-SP 47521 184.00
03/05/26 3/2026 MONTHLY PEST SERVICES 47522 86.00
03/05/26 WATER HEATER REPAIR PONY LEAGUE 47555 83.28
03/19/26 1/22 - 2/21/26 FS32/CY/REC PHONES 47924 213.14 03/05/26 09/30/25 to 10/28/25 SPORTS PARK 47575 3,933.01 03/05/26 REBUILD PLUMBING CHASE TENNIS CENTER 47669 111.15 03/05/26 BASKETBALL COURT LIGHT REPAIR 47666 2,580.00
03/05/26 URINAL AUGER CABLES 47668 39.24
03/12/26 BALLAST REPAIR 47871 25.00
03/12/26 4/1/26-6/30/26 BURG ALARM-REC CENTER 47861 208.38 03/12/26 4/1/26-6/30/26-CCTV AGREEMENT REC CENTER 47867 398.91 03/12/26 4/1/26-6/30/26-FIRE MONITORING-REC CENTER 47869 633.33 03/12/26 1/30/26 to 03/02/26 REC MAINT BLDG 47821 1,086.75 03/12/26 01/30/26 to 03/02/26 SPORTS PARK 47822 2,472.95 03/12/26 01/30/26 to 03/02/26 REC CENTER 47823 2,053.90 03/19/26 CAGE FOR ALARM REFLECTOR 48071 55.99
03/19/26 ALARM BATTERIES 48088 256.67
03/19/26 02/04/26-03/06/26-REC CENTER 47917 584.31
03/19/26 02/06/26 to 03/09/26 PARK & RIDE - RC 47960 2,101.76 03/19/26 4/2026 PEST CONTROL-REC CENTER 48082 86.00
TOTAL ISF GB REC CENTER 41,735.55
03/05/26 02/26 MONTHLY SERVICE 47199 5,658.55
03/05/26 2/4 - 3/3/26 SC ELEV FIRE LINE 47300 392.67
03/05/26 QUARTERLY CLIMATEC TSA AGREEMENT 47566 276.06
03/05/26 AC#12 REPAIRED 47488 522.00
03/05/26 1-4/2026 QUARTERLY FIRE SPRINKLER SERVICE 47556 245.00 03/05/26 01/29/26 to 03/01/26 SENIOR CENTER 47705 3,227.42 03/12/26 4/1/26-6/30/26 BURG ALARM-SENIOR CENTER 47860 271.50 03/12/26 4/1/26-6/30/26 FIRE MONITORING-SENIOR CENTER 47866 691.23 03/19/26 3/2026 PEST CONTROL-SENIOR CENTER 48097 144.00 03/19/26 02/03/26-03/05/26-SENIOR CENTER 47915 577.97
TOTAL ISF GB SR CENTER 12,006.40
03/12/26 SHOP SUPPLY 47815 205.19
03/19/26 12/27/25-1/26/26 -CELLS AND TABLETS 47923 90.98 03/05/26 MONTHLY CARDLOCK JANUARY 47178 25,262.02
03/05/26 TRUCK BEDLINER SERVICES 47500 1,600.00
03/05/26 2-5-26 UNIFORMS 47595 76.64
03/05/26 2-12-26 UNIFORMS 47596 76.64
03/05/26 SHOP SUPPLY 47499 92.04
03/05/26 2-19-26 UNIFORMS 47597 76.64
03/19/26 STOCK PARTS 48027 478.95
03/05/26 SHOP SUPPLIES 47498 124.71
03/12/26 BULK OILS 47816 1,785.08
03/12/26 STOCK PARTS 47818 36.18
03/12/26 PART FOR UNIT 306 47812 870.83
03/05/26 2/26/26 UNIFORMS 47662 76.64
03/12/26 SHOP SUPLIES 47817 133.87
03/12/26 TIRES FOR UNIT 8278 47809 766.90
03/12/26 MONTHLY FUEL CARDLOCKS FEBRUARY 47820 27,044.53 MCFADDEN DALE INDUST 2318241
DANIEL'S TIRE SERVIC 2318234
SC FUELS (CARDS) 5615
RINCON TRUCK CENTER, 2318248
FACTORY MOTOR PARTS 2318236
CINTAS CORPORATION 6 2318149
LINDE GAS & EQUIP 2318323
MCFADDEN DALE INDUST 2318180
AAA OIL, INC. 5597
CINTAS CORPORATION 6 2318149
LAWSON PRODUCTS, INC 2318178
CINTAS CORPORATION 6 2318149
SC FUELS (CARDS) 5588
PRIMO POWDER COATING 2318191
CINTAS CORPORATION 6 2318149
11250001 PW - FLEET MGMT
LONG BEACH BMW 2318240
AT&T MOBILITY 2318275
ROAD RUNNER EXTERMIN 5674
SO CALIF GAS CO 2318345
SO CALIF EDISON CO 2318206
JMG SECURITY SYSTEMS 5607
JMG SECURITY SYSTEMS 5607
CLIMATEC, LLC 5566
PACIFIC COAST REFRIG 2318190
TRICOM FIRE & ELECTR 2318216
11180001 ISF GB SR CENTER
DMS FACILITY SERVICE 2318160
FRONTIER COMMUNICATI 2318166
SO CALIF EDISON CO 2318344
ROAD RUNNER EXTERMIN 5674
GRAINGER, INC. 5657
GRAINGER, INC. 5657
SO CALIF GAS CO 2318345
SO CALIF EDISON CO 2318253
SO CALIF EDISON CO 2318254
SO CALIF EDISON CO 2318255
JMG SECURITY SYSTEMS 5607
JMG SECURITY SYSTEMS 5607
JMG SECURITY SYSTEMS 5607
DAVID CROWELL ELECTR 2318157
SMARDAN SUPPLY CO. 5591
REGENCY ENTERPRISES, 5613
AT&T 2318274
SO CALIF EDISON CO 2318203
SMARDAN SUPPLY CO. 5591
ROAD RUNNER EXTERMIN 5587
ROAD RUNNER EXTERMIN 5587
SMARDAN SUPPLY CO. 5591
KEN'S LOCKSMITHERY 2318177

Page 28 ends

03/12/26 PART FOR UNIT 286 47814 139.33
03/19/26 STOCK PARTS 48029 41.28
03/19/26 BULK DIESEL FOR FIRE STATION 2 48021 2,834.31
03/12/26 PART FOR UNIT 273 47810 61.99
03/12/26 BATTERY FOR UNIT 205 47811 127.46
03/12/26 PART FOR UNIT 162 47813 170.47
03/12/26 STOCK PARTS 47819 108.80
03/19/26 BULK GAS FOR FIRE STATION 1 48022 1,513.03
03/19/26 DIESEL SMOG INSPECTIONS 48026 202.00
03/19/26 STOCK PARTS 48024 200.97
03/19/26 STOCK PARTS 48028 157.72
03/19/26 SHOP BATTERIES 48030 525.79
03/19/26 SHOP SUPPLY 48023 32.89
03/19/26 PART FOR UNIT 238 48025 50.76
TOTAL PW - FLEET MGMT 64,964.64
03/19/26 202603 MONTHLY LEASE VEHICLES 48073 905.83
TOTAL ISF FL PW CAPITAL 905.83
03/12/26 POLICE VEHICLE UPFITTING UNIT 441 47774 24,411.69 03/12/26 PATROL VEHICLE UPFITTING UNIT 440 47775 24,411.69 03/12/26 CAPITAL REPLACEMENT #447 PD 47769 58,612.93
03/12/26 CAPITAL REPLACEMNET #448-PD 47777 58,612.93
03/12/26 CAPITAL REPLACEMNET #449-PD 47778 58,612.93
03/12/26 CAPITAL REPLACEMNET #450 47781 58,612.93
03/19/26 202603 MONTHLY LEASE VEHICLES 48073 124.81
TOTAL ISF FL PD CAPITAL 283,399.91
03/05/26 VEST - J. RODRIGUEZ 47676 917.06
03/05/26 VEST - A. RADOJEVIC 47677 917.06
03/05/26 VEST - A. VANHORN 47690 917.06
03/05/26 DESK CHAIR - B. HUGHES 47665 162.16
TOTAL ISF EQ PD R&C CAPITAL 2,913.34
03/05/26 TRST ACCT RPLNSHMNT-FEB 26 CHKS 47763 0.00
03/12/26 43: REPLENISHMENT OF CHECKS WRITTEN 2/1/26-
2/28/26
47801 115,375.87
TOTAL ISF CITY SELF INSURANCE 115,375.87
03/12/26 LCW LEGAL FEES 47834 14,443.50
03/12/26 LCW LEGAL FEES 47882 1,670.00
03/05/26 PART TIME TEMP EMPLOYEE WE 2/1/2026 46933 1,647.68 03/05/26 JAN 2026 CLAIMS LITIGATION 46969 1,457.89
03/12/26 PART TIME TEMP EMPLOYEE WE 02/08/2026 47096 1,647.68 03/19/26 PART TIME TEMP EMPLOYEE WE 2/15/2026 47217 1,647.68 03/05/26 TRST ACCT RPLNSHMNT-FEB 26 CHKS 47763 1,820.50 03/12/26 LEGAL SERVICES 47879 1,715.00
03/19/26 TEMP EMPLOYEE - ASHLEY TAYLOR 3/2/26 - 3/8/26 47895 1,647.68 03/19/26 ESSENTIAL FUNCTIONS JOB ANALYSIS - POLICE

CAPTAIN
47913 1,275.00
TOTAL SELF INSURANCE 28,972.61
03/05/26 MAR 2026 LIFE INSURANCE/LTD/ADD/EAP 47549 3,532.70 11400430 SELF INSURANCE
THE LINCOLN NATIONAL 2318214
HENSLEY LAW GROUP 5606
TEMPORARY STAFFING 5681
RETURN TO WORK PARTN 2318333
TEMPORARY STAFFING 5616
TEMPORARY STAFFING 5680
CALIF JOINT POWERS I 5562
LIEBERT, CASSIDY & W 5609
TEMPORARY STAFFING 5592
HARPER AND BURNS, LL 5571
11400411 SELF INSURANCE
LIEBERT, CASSIDY & W 5609
11400000 ISF CITY SELF INSURANCE
CALIF JOINT POWERS I 5562
ATHENS ADMINISTRATOR 5599
GALLS, LLC 2318170
AMAZON 5555
11370053 ISF EQ PD R&C CAPITAL
GALLS, LLC 2318170
GALLS, LLC 2318170
OLATHE FORD SALES 2318243
ENTERPRISE FM TRUST 5653
OLATHE FORD SALES 2318243
OLATHE FORD SALES 2318243
OLATHE FORD SALES 2318243
11270052 ISF FL PD CAPITAL
AIRWAVE COMMUNICATIO 2318223
AIRWAVE COMMUNICATIO 2318223
11250052 ISF FL PW CAPITAL
ENTERPRISE FM TRUST 5653
WURTH USA INC. 2318365
EBERHARD EQUIPMENT 2318301
WURTH USA INC. 2318365
RINCON TRUCK CENTER, 2318334
RINCON TRUCK CENTER, 2318334
WILCOX SUPPLY INC 2318263
SC COMMERCIAL LLC 5676
AAA INSPECTIONS LLC 5638
FACTORY MOTOR PARTS 2318236
FACTORY MOTOR PARTS 2318236
FACTORY MOTOR PARTS 2318236
FACTORY MOTOR PARTS 2318236
RINCON TRUCK CENTER, 2318334
SC COMMERCIAL LLC 5676

Page 29 ends

03/19/26 MARCH 2026 - FVFA LTD 47939 682.50
TOTAL SELF INSURANCE 4,215.20
03/19/26 1/27-2/26/26 CELL PHONES & IPADS 47942 45.49
TOTAL CDBG CODE ENFORCEMENT 45.49
03/19/26 FEBRUARY 2026 PUBLIC NOTICING

ADVERTISEMENTS
47846 841.25
TOTAL CDBG ADMIN. OF GRANT 841.25
03/12/26 HIP GRANT 47754 15,385.00
03/05/26 HIP GRANT PARTIAL PAYMENT 47519 9,667.00
03/19/26 CREDIT CHECKS FEB 2026 47845 9.95
TOTAL CDBG NEIGHBOORHOOD REVITA 25,061.95
03/19/26 CON 1459 RETENTION RELEASE PRJ IMP2025001 48039 1,967.60 TOTAL CRIMINAL DIV NON-DEPARTMENTAL 1,967.60
03/05/26 JAN 2026 - CM/INSP CH & PD 47562 2,940.00
TOTAL CAPITAL IMP - FACILITIES 2,940.00
03/19/26 JAN 2026 - PMP UPDATE 47782 6,945.24
TOTAL CAPITAL IMP - PAVEMENT REHAB 6,945.24
03/12/26 JAN 2026 - CITYWIDE TRAFFIC SIGNAL TIMING

PROJECT
47188 12,255.00
TOTAL CAPITAL IMP - OTHER 12,255.00
03/05/26 UTILITY REFUND - FINALED 1/25/26 47581 131.50
03/05/26 UTILITY REFUND - FINALED 12/8/25 47582 62.85
03/05/26 UTILITY REFUND - FINALED 1/19/26 47583 62.85
03/05/26 UTILITY REFUND - FINALED 2/16/26 47584 21.38
03/05/26 UTILITY REFUND - FINALED 2/17/26 47585 17.81
03/05/26 UTILITY REFUND - FINALED 2/9/26 47586 29.27
03/05/26 UTILITY REFUND - FINALED 2/5/26 47587 107.50
03/05/26 UTILITY REFUND - FINALED 2/11/26 47588 24.14
TOTAL WF NON-DEPARTMENTAL 457.30
03/05/26 TEMP STAFF - FINANCE 2/23-3/1/26 FINAL 47682 1,436.48 TOTAL WF UTILITY BILLING 1,436.48
03/05/26 REPLACEMENT PAD FOR STAMP-NOT RECD-WILL

GET CREDIT
47550 11.85
03/05/26 AT A GLANCE CALENDAR 47553 36.14
03/12/26 REIMBURSEMENT FROM PAD NEVER RECEIVED 47552 (11.85) 03/05/26 DATE STAMP 47547 11.85
03/05/26 PENCILS, TAPE DISPENSER 47546 16.94
03/19/26 12/27/25-1/26/26 -CELLS AND TABLETS 47923 898.59 03/05/26 AIR MONITORS 47509 80.00
03/12/26 CHEMICAL PUMP PARTS 47836 458.50
03/12/26 CHEMICAL PUMP PARTS 47849 879.72
03/05/26 WIRELESS KEYBOARD, 5 TIER DESK ORGANIZER 47540 74.46 03/05/26 2-5-26 UNIFORMS 47595 24.53
03/05/26 CANCELLATION OF DESK DRAWER ORDER 47536 (61.98) AMAZON 5555
CINTAS CORPORATION 6 2318149
AMAZON 5555
LIFECOM 2318179
HARRINGTON INDUSTRIA 2318239
HARRINGTON INDUSTRIA 2318239
AMAZON 5555
AMAZON 5555
AT&T MOBILITY 2318275
AMAZON 5555
AMAZON 5555
AMAZON 5598
TEMPORARY STAFFING 5592
50050570 WF WTR PROD. OPNS
JAMES SUN 2318175
50040403 WF UTILITY BILLING
NGUYEN, KHANH 2318184
HALL, ELEN 2318172
BONANNI DEVELOPMENT 2318144
COHEN, JOSEPH 2318153
CHU, QUANG 2318147
NGUYEN, NAM 2318185
50000000 WF NON-DEPARTMENTAL
STEPHANIE DANG 2318211
30095303 CAPITAL IMP - OTHER
AGA ENGINEERS, INC 2318222
30095302 CAPITAL IMP - PAVEMENT REHAB
BUCKNAM INFRASTRUCTU 2318283
30095300 CAPITAL IMP - FACILITIES
INTERWEST CONSULTING 5573
27000000 CRIMINAL DIV NON-DEPARTMENTAL
HORIZONS CONSTRUCTIO 5659
PROFESSIONAL MOBILE 2318245
4 13 GC SERVICES 2318129
YOU CHECK CREDIT.COM 2318367
ORANGE COUNTY REGIST 2318328
23030313 CDBG NEIGHBOORHOOD REVITA
AT&T MOBILITY 2318281
23030311 CDBG ADMIN. OF GRANT
FOUNTAIN VALLEY FIRE 5654
23030310 CDBG CODE ENFORCEMENT

Page 30 ends

03/05/26 DUAL MONITOR STAND, FLOOR MATS, STORAGE
DRAWER
47537 247.46
03/05/26 FILE FOLDERS-1/3 CUT 47531 35.25
03/05/26 2-12-26 UNIFORMS 47596 24.53
03/05/26 SAFETY BOOTS-D.G. 47525 265.00
03/05/26 SAFETY BOOTS-K.D. 47527 235.97
03/05/26 MULTI POCKET FOLDERS, STORAGE CLIPBOARDS 47533 28.41 03/05/26 UNDER DESK DRAWER STORAGE ORGANIZER 47535 78.29 03/05/26 ACCORDION FILE ORGANIZER 47530 17.55
03/05/26 2-19-26 UNIFORMS 47597 24.53
03/05/26 2/26/26 UNIFORMS 47662 24.53
03/19/26 CHEMICAL PUMP PARTS 47908 111.32
03/19/26 POWER SUPPLIES FOR MIOX CHLORINE

GENERATORS
48081 11,339.06
03/19/26 3/1 - 3/31/26 SCADA INTERNET 47926 1,285.00
03/12/26 TESCO REPAIRS 47804 618.75
03/12/26 LEVEL TRANSDUCER FOR WELL 8 47850 1,557.52
TOTAL WF WTR PROD. OPNS 18,311.92
03/05/26 SAFETY BOOTS 47485 265.00
03/05/26 VALVE LID PAINT 47510 251.33
03/05/26 2 PK SHOVEL HOLDER WITH TOOL HOLDER 47538 200.46 03/05/26 2-5-26 UNIFORMS 47595 86.21
03/05/26 SHOVEL HOLDERS, HAND TOOL RACK, TOOL
HOLDER
47532 133.64
03/05/26 2-12-26 UNIFORMS 47596 67.15
03/05/26 HYDRANT MAINTENANCE 47511 547.05
03/05/26 GASKETS 47513 193.03
03/05/26 2-19-26 UNIFORMS 47597 86.21
03/05/26 JAN 2026 TURF REMOVAL & S2D 47680 337.20
03/05/26 HYDRANT PLATES 47512 2,275.05
03/05/26 2" GASKETS 47514 62.64
03/19/26 FOOD GRADE LUBE 47753 679.09
03/19/26 PIPE SOAP 47755 42.79
03/19/26 8"x6" TEE 47752 693.73
03/05/26 2/26/26 UNIFORMS 47662 67.15
03/19/26 UNDERGROUND SAFETY BOARD 47785 89.08
03/19/26 USA DIG ALERT 47786 265.85
TOTAL WF DISTRIBUTION SYSTEM 6,342.66
03/19/26 WATER QUALITY TESTING SERVICES FY 25/26

FEBRUARY
48132 4,938.00
TOTAL WF WTR QUAL & TREATMENT 4,938.00
03/05/26 2026 AWIA Emergency Response Plan 47640 17,250.00 TOTAL WATER UTILITY PROJECTS 17,250.00
03/19/26 TRAFIC CONTROL SIGNS/STANDS 48127 1,562.25
03/05/26 NAME PLATE FOR B.H. 47545 16.21
03/19/26 12/27/25-1/26/26 -CELLS AND TABLETS 47923 471.66 03/05/26 SHOCKPROOF CASE FOR IPHONE 17 47554 83.70
03/05/26 2-5-26 UNIFORMS 47595 8.78
03/05/26 2-12-26 UNIFORMS 47596 8.78
03/05/26 SAFETY BOOTS 47484 152.52
CINTAS CORPORATION 6 2318149
SHOETERIA 5590
AT&T MOBILITY 2318275
AMAZON 5555
CINTAS CORPORATION 6 2318149
50150580 SF SEWER MAINTENANCE
FULL TRAFFIC MAINTEN 2318314
AMAZON 5555
50090001 WATER UTILITY PROJECTS
MUNICIPAL WATER DIST 2318181
50050572 WF WTR QUAL & TREATMENT
SIERRA ANALYTICAL LA 2318338
UNDERGROUND SERVICE 2318354
UNDERGROUND SERVICE 2318354
SMARDAN SUPPLY CO. 5678
YO FIRE 2318366
CINTAS CORPORATION 6 2318149
YO FIRE 2318221
YO FIRE 2318221
OMEGA INDUSTRIAL SUP 5669
YO FIRE 2318221
CINTAS CORPORATION 6 2318149
MUNICIPAL WATER DIST 2318182
AMAZON 5555
CINTAS CORPORATION 6 2318149
GRAINGER, INC. 2318171
GRAINGER, INC. 2318171
AMAZON 5555
CINTAS CORPORATION 6 2318149
50050571 WF DISTRIBUTION SYSTEM
SHOETERIA 5590
CHARTER COMMUNICATIO 2318287
TESCO CONTROLS, LLC 2318260
D&H WATER SYSTEMS, I 2318233
CINTAS CORPORATION 6 2318149
HARRINGTON INDUSTRIA 2318316
DE NORA WATER TECHNO 5651
AMAZON 5555
AMAZON 5555
CINTAS CORPORATION 6 2318149
RED WING BUSINESS AD 2318197
RED WING BUSINESS AD 2318197
AMAZON 5555
AMAZON 5555
AMAZON 5555
CINTAS CORPORATION 6 2318149

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03/05/26 2-19-26 UNIFORMS 47597 8.78
03/19/26 ALUMINUM FITTING'S 45 & 90 DEGREE 47887 256.30 03/05/26 2/26/26 UNIFORMS 47662 8.78
03/05/26 Q2 2025-2026 FOG INSPECTIONS 47743 52.08
TOTAL SF SEWER MAINTENANCE 2,629.84
03/05/26 FEB 26 RUBBISH HAULING 47776 436,849.74
TOTAL SWF SOLID WASTE 436,849.74
03/05/26 50% REFUND FOR OC SANITIATION DISTRICT FEES 46734 1,327.20 TOTAL CUSTODIAL - BLDG SAFETY 1,327.20
TOTAL $3,787,952.85
60030301 CUSTODIAL - BLDG SAFETY
BLDG REFUND 2318143
50250590 SWF SOLID WASTE
REPUBLIC SERVICES, I 2318198
PLUMBERS DEPOT INC. 2318330
CINTAS CORPORATION 6 2318149
OC SANITATION DISTRI 2318187
CINTAS CORPORATION 6 2318149

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: April 7, 2026
Members of the City Council
SUBJECT: Approval of Amended and Restated NPDES Stormwater Permit Implementation Agreement.

Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing
businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the
City
☒ Not applicable

EXECUTIVE SUMMARY
The Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Stormwater Permit requires all permittees to revise the existing implementation Agreement (D02-048), by May 15, 2026. City of Fountain Valley participation in the NPDES Permit is mandatory to comply with the federal Clean Water Act of 1972. The existing Implementation Agreement approved in 1990, is a multi-agency agreement that identifies the roles of Orange County cities, the County of Orange, and the Orange County Flood Control District. It also provides a cost-sharing formula for funding the implementation of the NPDES Permit.

It is recommended that the City Council approve the Amendment and Restatement of the NPDES Implementation Agreement (D02-048), with the participating Orange County cities, the County of Orange, and the Orange County Flood Control District, and authorize execution of the agreement by the Mayor.

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Approval of Amended and Restated NPDES Stormwater Permit Implementation Agreement.

April 7, 2026

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DISCUSSION
The City is a Permittee under the Municipal Separate Storm Sewer System (MS4) permits issued by the California Regional Water Quality Control Boards (Santa Ana and San Diego Regions). The original NPDES Stormwater Permit Implementation Agreement (D90-094), which was executed in 1990 and amended in 1993 and 2002 (D02-048), established a cooperative framework for implementing the Orange County Stormwater Program to meet MS4 permit requirements and improve surface water quality. The Agreement allowed for collaboration, consistency, and cost-sharing of regional compliance strategies, municipal staff training, watershed monitoring and reporting efforts, and other MS4 program elements required of each Permittee.

The proposed Agreement restates and updates the original Agreement to reflect current regulatory requirements, administrative practices, and programmatic needs. It continues the collaborative approach among the Permittees to implement regional stormwater management strategies, while also providing added flexibility in designing and developing watershed-specific strategies, programs, and projects using corresponding shared-cost sub-budget scales. As part of the shared cost budget approval process, the amended and restated Agreement also formalizes the consultation process with the Orange County City Managers Association (OCCMA) each year, which updates and improves the existing annual budget collaboration process already implemented with OCCMA.

The shared cost budget developed annually for this Agreement maintains the existing cost-sharing formula approach based on land area and population for the unincorporated County and 34 Orange County cities, with the District contributing 10% of the overall cost. For sub-budgets allowed under this Agreement that do not apply to all the Permittees, this same cost-sharing formula approach would be applied for the participating Permittees. Examples of the types of geographic areas that a sub-budget could apply include: across an MS4 permit area, watershed level, or sub-watershed scales.

Key provisions of the amended and restated Agreement include:
 Continued designation of the County as the administrator of the regional Orange County Stormwater Program.
 Clarification of responsibilities for each Permittee, including compliance reporting, monitoring, and implementation of Best Management Practices (BMPs).
 Engagement with the OCCMA for strategic input on compliance and funding.  Provides an updated collaborative review process for annual operating budgets, including allowing for new sub-budgets to be established with smaller groups of Permittees to support development of targeted water quality projects and programs.

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Approval of Amended and Restated NPDES Stormwater Permit Implementation Agreement.

April 7, 2026

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 Continuing the existing cost-sharing formula between Permittees based on land area and population, with the District contributing 10% and the County and Cities sharing the remaining 90% for the annual operating budget countywide. For new sub-budgets, the same approach will be used to share costs amongst those participating agencies.

FISCAL REVIEW
The City’s financial contribution will be calculated annually based on its proportional share of land area and population, as outlined in the Agreement. Costs will be included in the City’s annual budget for stormwater compliance. Historically, these costs have ranged from $95,000 to $110,000 annually and are split evenly between the General Fund and Sewer Fund.

PUBLIC NOTIFICATION
Not applicable

ATTORNEY REVIEW
The Attorney for the City has reviewed and approved the contract.

ALTERNATIVES
Alternative No. 1:

Alternative No. 2:

Approve and execute the agreement.

Do not approve the agreement.

RECOMMENDATION
It is recommended that the City Council:

1. Approve the Amended and Restated National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement ("Agreement") between the County of Orange, Orange County Flood Control District (District), and participating Orange County cities (collectively called Permittees).

2. Authorize the Mayor to execute the Agreement and any related documents necessary to implement the terms of the Agreement.

It is in the City’s best interests to continue the cooperation with the County, the District, and the other cities in Orange County to jointly implement the OC Stormwater Program and to fulfill prior, new, and potential future MS4 permit requirements.

Prepared by: Lia Gountoumas, Environmental Services Administrator Approved by: Scott Smith, P.E., Director of Public Works

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Approval of Amended and Restated NPDES Stormwater Permit Implementation Agreement.

April 7, 2026

Page 4 ends

Fiscal Review by: Ryan Smith, Finance Director / City Treasurer Approved by: Maggie Le, City Manager
Attachment 1: Amended and Restated NPDES Stormwater Permit Implementation Agreement

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1 AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

STORMWATER PERMIT IMPLEMENTATION AGREEMENT
This AMENDED AND RESTATED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER PERMIT IMPLEMENTATION AGREEMENT (“AGREEMENT”), for purposes of identification numbered [D02-048], and which may be alternatively referred to as the “OC Stormwater Program Implementation Agreement,” is entered into this ____ day of _________, 2026, by the County of Orange, (herein called the COUNTY), the Orange County Flood Control District (herein called DISTRICT) and the cities of Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, La Habra, La Palma, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (herein called CITIES).

The COUNTY, DISTRICT, and CITIES may be referred to collectively as PERMITTEES or individually as PERMITTEE, COUNTY, DISTRICT, or CITY, respectively, in this AGREEMENT.

RECITALS
WHEREAS, the United States Congress in 1987, through the Water Quality Act, amended Section 402 of the Clean Water Act (33 U.S.C.A. 1342(p)) to require the United States Environmental Protection Agency (“EPA”) to promulgate regulations for permitting stormwater discharges; and
WHEREAS, EPA regulations require National Pollutant Discharge Elimination System (“NPDES”) permits for discharges from a municipal separate storm sewer system (“MS4”)(herein after called MS4 permits), and further require MS4 permits to include requirements to control pollutants from stormwater discharges; and WHEREAS, in 1927, the Orange County Flood Control Act created the DISTRICT Attachment #1

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2 to provide for the control of flood and stormwater and protect from damage from those flood or stormwater, the harbors, waterways, public highways, and property within the DISTRICT’s jurisdiction; and
WHEREAS, the powers granted to the DISTRICT include the authority to regulate discharges that threaten to impact its system and carry on technical and other investigations, examinations, or tests of all kinds, making measurements, collecting data, and making analyses, studies, and inspections pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, waste, and contamination of water, both within and without the DISTRICT; and
WHEREAS, the California State Water Resources Control Board (“SWRCB”), as designee of the EPA, has delegated authority to the California Regional Water Quality Control Boards-Santa Ana Region (“RWQCB-SAR”) and San Diego Region (“RWQCB-SDR”)(collectively, the RWQCBs) for administration of MS4 permits within the boundaries of their regions; and
WHEREAS, the COUNTY, DISTRICT, and CITIES are PERMITTEES under MS4 permits issued by the RWQCBs; and
WHEREAS, the RWQCBs have designated the COUNTY as the Principal PERMITTEE or Principal Watershed Co-permittee, as defined in the MS4 permits; and WHEREAS, the COUNTY, the DISTRICT and the CITIES previously entered into that certain agreement entitled National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement D90-094, on December 18, 1990, which was subsequently amended on October 26, 1993 by Amendment No. 1 and then on June 25, 2002 (the December 18, 1990 Agreement as Amended by Amendment No. 1 and the June 25, 2002 amendment will be referred to collectively hereinafter as the ORIGINAL AGREEMENT), to cooperatively develop, and did thereunder develop, an integrated stormwater runoff management program with the objective of fulfilling MS4 permit requirements and improving water quality in Orange County (program

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3 referred to herein as the “OC Stormwater Program”); and WHEREAS, Section X of the ORIGINAL AGREEMENT provides that the ORIGINAL AGREEMENT may be amended by consent of a majority of the PERMITTEES which represent a majority of the percentage contributions as described in Section IV of the ORIGINAL AGREEMENT; and
WHEREAS, continued cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly implement the OC Stormwater Program to fulfill prior, new, and potential future MS4 permit requirements, to the extent feasible, is in the best interests of the CITIES, the COUNTY, and the DISTRICT; and WHEREAS, the PERMITTEES now desire to restate and amend the ORIGINAL AGREEMENT, as reflected and set forth in this AGREEMENT.

NOW, THEREFORE, the PERMITTEES do mutually agree as follows:

I. FILING STATUS
The COUNTY, the DISTRICT, and each CITY have filed applications for MS4 permits as PERMITTEES. The COUNTY, the DISTRICT and each CITY is a PERMITTEE under each MS4 permit to which they are subject.

II. INCORPORATION OF FEDERAL GUIDELINES
All applicable federal and state water quality regulations and guidelines under the Federal Clean Water Act, as presently written or as changed during the term of this AGREEMENT, are hereby incorporated by reference and made a part of this AGREEMENT and take precedence over any inconsistent terms of this AGREEMENT.

III. DELEGATION OF RESPONSIBILITIES
The responsibilities of each of the parties shall be as follows:

A. The COUNTY shall be the administrator of the OC Stormwater Program and, on a cost-shared basis, perform the following functions:

1. Annual operating budgets.
a. Prepare the annual operating budget (“annual operating budget”), which shall include a work plan and associated financial plan and

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4 budget. The annual operating budget is intended to provide for all programmatic functions and associated costs of the OC Stormwater Program, as outlined in this AGREEMENT and as generally described in Section V.A. Annual operating budgets and work plans may be based on RWQCB region (i.e., Santa Ana Region versus San Diego Region). The budget year shall coincide with the COUNTY's fiscal year, July 1 – June 30.
b. Consult with the Stormwater Program Representatives (as defined in Section III.C.8) when preparing annual operating budgets and major program elements therein.
c. A draft of the annual operating budget may be prepared for the PERMITTIES for review by February 15 each year. Annual operating budgets shall be submitted to the PERMITTEES for consideration and approval by May 15 of each year. Individual CITY approval shall be obtained from each CITY’s city manager or designee thereof by July 30 of each year. CITY manager designations for annual operating budget approval shall be provided in writing to the County and shall remain in effect until revoked in writing by the CITY’s city manager. An annual operating budget shall be deemed approved and adopted for the OC Stormwater Program by affirmative responses from PERMITTEES which represent a majority (50% or greater) of both the area and population percentage contribution as calculated in accordance with Section V.A (method for calculating approval percentage referred to as “Majority Approval”). The COUNTY and the DISTRICT shall represent one voting PERMITTEE with their percentage contribution equal to the total of the COUNTY and the DISTRICT as described in Section V.A. d. An approved and adopted annual operating budget shall not be

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5 exceeded without prior Majority Approval of the PERMITTEES.

2. Project or watershed-specific sub-budgets.
a. In coordination with the PERMITTEES, prepare project-specific and/or watershed-specific budgets and associated work plans (collectively, “sub-budget(s)”) for the design of water quality projects and/or responding to RWQCB enforcement orders and/or other orders (e.g., California Water Code 13267 or 13383 orders). b. Sub-budgets shall be prepared and proposed on an as-needed basis, at the discretion of the COUNTY, or as requested by interested PERMITTEES, subject to concurrence of the COUNTY.
c. Each PERMITTEE willing to participate in a sub-budget will confirm participation to the COUNTY in writing. A PERMITTEE who confirms participation in a sub-budget shall be referred to herein as “PARTICIPATING PERMITTEE(s).” Sub-budgets will be subject to unanimous approval by all PARTICIPATING PERMITTEES, except that where a Participating Permittee fails to vote to approve a proposed sub-budget, such failure shall be deemed a withdrawal from the sub-budget and the withdrawing PERMITTEE shall no longer be considered a PARTICIPATING PERMITTEE and shall have no obligation to pay for or participate in the sub-budget. d. Project elements that go beyond design (e.g., construction, operation, and maintenance) shall not be provided for in subbudgets and, instead, are subject to separate agreement between the Participating Permittees.

3. Represent the OC Stormwater Program in reviews of documents, comments, and discussions with EPA, SWRCB, and RWQCBs and/or other resource agencies regarding MS4 permit requirements and related policies, programs, and regulations. The COUNTY shall timely notify the

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6 PERMITTEES of any decision reached during these discussions that, in the determination of the County, substantially impacts the OC Stormwater Program.

4. Implement approved annual operating budgets and sub-budgets.

5. Working in collaboration with PERMITTEES, prepare and submit regional compliance reports as the Principal PERMITTEE, as required under the MS4 permits, and/or as designated in the approved workplans.

6. Implement the regional monitoring and reporting program elements from approved workplans for the MS4 permits, including, but not limited to, tasks to monitor and measure the effectiveness of Best Management Practices (“BMPs”). This may include monitoring and modeling.

7. Obtain, as may be required by the annual operating budget and/or subbudgets approved pursuant to this AGREEMENT, professional services, including, but not limited to, scientific, engineering, environmental, economic, and/or legal consultants to provide technical assistance for the work associated with the OC Stormwater Program. This work may include, but is not limited to, the preparation of technical or economic studies, legal analysis, watershed management plans, stormwater runoff management plans, water quality improvement plans, modeling, reasonable assurance demonstrations/reasonable assurance analyses, monitoring plans, technical reports, municipal staff training activities, and the design of structural and non-structural BMPs and strategies to prevent and/or reduce pollutants in stormwater runoff. Contracts for professional services to be funded under this AGREEMENT shall be made in conformance with the COUNTY’s procurement policies, and, to the extent there is no conflict, the following:
a. The COUNTY shall make efforts to stagger the date of issuance of new contracts for professional services, so that PERMITTEES may

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7 better absorb increases in consultant fee rates.
b. For contracts for professional services that would require approval by the Orange County Board of Supervisors (as determined within the sole discretion of the COUNTY), one Stormwater Program
Representative for every two designees of the COUNTY shall be allowed to participate in any panel formed for the purpose of evaluating responses to Requests for Proposals or similar competitive solicitations submitted by potential consultants. Where any contract subject to this provision is to be extended beyond the initial term, the COUNTY shall request feedback from the Stormwater Program Representatives, regarding the consultant’s performance, prior to executing the extension. This process shall in no way impinge upon or limit the COUNTY’s discretion to enter into, amend, extend, renew, or cancel any contract for professional services for the OC Stormwater Program.
c. The COUNTY shall notify the PERMITTEES of any changes in the COUNTY’s procurement policies that significantly affect the thresholds for competitive procurement, scoring, or selection processes for contract services.

8. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities within the unincorporated areas of the County, at no cost to the CITIES.

9. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities on County-owned property used for COUNTY governmental purposes (i.e., property used for governmental functions) and located within a CITY, at no cost to the CITIES. For purposes of this section, the regional facility known as Dana Point Harbor shall be considered a Countyowned property used for governmental purposes.

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8 a. To avoid confusion in the implementation of each party’s facility inspection programs, the COUNTY shall provide a list of those facilities, buildings and properties that it owns and are located within other jurisdictions (i.e. non-unincorporated properties) that the COUNTY has decided to monitor and regulate pursuant to this Section III.A.9. The County further agrees to notify the affected PERMITTEE of changes to the status of a facility.

B. The DISTRICT shall, on a cost-shared basis, except as set forth in subparagraph 2 below:

1. Perform or cause to be performed the water quality and hydrographic monitoring for compliance with MS4 permits and/or in accordance with RWQCB-approved monitoring plans and/or in the approved workplans.

2. Implement a facility inspection program, as required by the MS4 permits, for MS4 facilities located on District-owned and controlled property that is used for governmental purposes, at no cost to the CITIES.

3. Undertake or cause to be undertaken all activities required of the CITIES in Section III.C and applicable to the District.

C. The CITIES, at no cost to the Counties and the District, shall:

1. Implement a facility inspection program for its MS4 facilities, as required by the MS4 permit(s) and within the jurisdictional boundaries of that CITY.

2. Submit to the COUNTY storm drain system maps and/or data describing the type and location of its MS4 facilities with periodic revisions that reflect any modifications made as a result of land
development/redevelopment. If possible, information shall be submitted as geographical information system (“GIS”) data.

3. Support the COUNTY in the preparation of watershed characterizations and catchment prioritization efforts, including, but not limited to, by:

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9 a. Identifying applicable zoning and land use designations. b. Identifying areas where sources of specific pollutants are known.

4. Upon COUNTY request, review, comment on, consider approval of, and, if approved, implement regional strategies to prevent and reduce pollutants in stormwater runoff.

5. Implement an illegal discharge detection and elimination program as required by the MS4 permit(s) to which the CITY is subject. Demonstrate adequate legal authority to control discharges to its MS4 facilities as may be required by the relevant MS4 permit(s) to which the CITY is subject.

6. Provide, as requested by the COUNTY, copies of the CITY’s jurisdictional reports, data, and any other information (in formats requested by the COUNTY, where such formats are reasonably available) to satisfy requirements in MS4 permits or other orders issued by a Regional Board or the State Board, to which the CITY is subject, provided the CITY has not otherwise challenged such order, and such challenge has not been resolved.

7. Participate in meetings convened by the COUNTY and respond to requests for information from the COUNTY, intended to obtain PERMITTEE input on matters related to this AGREEMENT and the implementation of the OC Stormwater Program.

8. Designate primary and secondary Stormwater Program Representative for matters related to this AGREEMENT and the implementation of the OC Stormwater Program. Designations shall be made by each CITY’s city manager, or designee, in writing to the COUNTY. Each designation shall remain in effect until revoked by the CITY’s city manager or designee.

Stormwater Program Representatives are intended to provide subject matter input and facilitate communication between the COUNTY and each CITY. For purposes of this AGREEMENT, a Stormwater Program

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10 Representative will not be deemed to have the authority to approve annual operating budgets on behalf of a CITY, as required in Section III.A.1, unless expressly stated in the written designation provided to the COUNTY.

D. In the unincorporated areas of the COUNTY, the COUNTY shall, at no cost to the CITIES or the DISTRICT, undertake or cause to be undertaken all activities required above of the CITIES in Section III.C that are not responsibilities of the DISTRICT as outlined in Section III.B.

IV. Orange County City Manager Association Engagement
A. In lieu of the activities of the Technical Advisory Committee under the ORIGINAL AGREEMENT, the COUNTY shall endeavor to create a working relationship with the Orange County City Manager Association (“OCCMA”) or a sub-group thereof, to address issues such as MS4 permit requirements, MS4 permit compliance methods, and funding needs and strategies to facilitate regional and/or watershed-based, multi-jurisdictional project efforts.

B. At its discretion, the COUNTY, in coordination with the PERMITTEES as set forth in this AGREEMENT, may implement recommendations (or parts thereof) that OCCMA may give on OC Stormwater Program matters, including, but not limited to, potential strategies for compliance with current and anticipated future MS4 permit requirements; funding strategies and options for MS4 permit compliance efforts; and OC Stormwater Program budgeting.

Recommendations that would result in unbudgeted costs shall be subject to Majority Approval of the PERMITTEES pursuant to III.A.1.d.

C. Under no circumstances shall this Section be interpreted as a replacement or substitute for any other responsibility of CITIES or the COUNTY under this Agreement. At the COUNTY’s discretion, the Director of OC Public Works may enter into a memorandum of understanding with OCCMA to facilitate

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11 procedures for OCCMA engagement under this Section. Under no circumstances shall this provision be interpreted to require any written agreement between the COUNTY and OCCMA.

V. PROGRAM COSTS
A. Annual Operating Costs.

Where not otherwise funded, the annual operating budget, including all costs of equipment, goods, COUNTY services (including, but not limited to, applicable COUNTY and COUNTY’S departmental overhead), and all professional services costs incurred by the COUNTY, and any cost of the MS4 permits, as determined by the COUNTY in its role as administrator of the OC Stormwater Program, shall be a shared cost and allocated among the COUNTY, DISTRICT, and CITIES, and paid for as follows:

Participants Percentage Contribution
DISTRICT 10
CITIES + COUNTY 90
The individual percentage contributions from each CITY and the COUNTY shall be functions of their respective dry land areas and population relative to those of the entire County of Orange. Each area shall be calculated as one-half of the sum of the area and population fractions, multiplied by 90%. National forests, state parks, airports, landfills, oceans, harbors, tidal bays, and active military installations shall be excluded from area calculations (Exhibit A-1). The contribution of the COUNTY shall be calculated from unincorporated areas and their respective populations. Should any external or alternative sources of funding become available, those funds may be directly applied to the appropriate budget(s) before the shared cost percentages are applied to the PERMITTTEES or credited to a subsequent budget.

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12 Share in percent for jurisdiction #1= {(X1/Xtot) + (Y1/Ytot)}/2 x (90) X = area
Y = population
tot = total population or area
90 = total percentage excluding the DISTRICT’s contribution The percentage share shall be calculated by the COUNTY from population and area data. The population data shall be the most recent annual population estimates produced by the California Department of Finance, and area is based on the most recent OC Public Works survey data available to the COUNTY. Percentage share calculations shall be updated by May of each budget year for the budget year following and shall be included in annual operating budget proposals. Annual operating budget proposals shall be prepared based on the following percentage share computation methods, as applicable, and subject to exclusions in Exhibit A-1:

1. Countywide costs will be calculated as described in the process and formula above and subject to Exhibit A-1 for the entire group of PERMITTEES.

2. Regional costs, specific to only one RWQCB permit (Santa Ana Region and San Diego Region), will be calculated based on the process and formula above for PERMITTEES within the respective permit geographic area. For PERMITTEES that have jurisdiction in both permit regions, the regional costs will be based on the land area and prorated population for that permit geographic area.

3. Sub-budgets shall be based on the PARTICIPATING PERMITTEES and their corresponding area and prorated population total within the geographic area subject to the specific sub-budget.

4. In the event of a regulatory directive issued to PERMITTEES requiring amendment of any approved budget, the COUNTY shall provide immediate

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13 notice to the included PERMITTEES and hold discussions with respect to responding to the directive and funding the immediate response. Such budget amendments shall be subject to the Majority Approval referenced in Section III.A.1.d.

5. If at any time during a budget year costs exceed the sum of the deposits for any approved budget, and prior Majority Approval for such exceedance has been obtained, the COUNTY shall submit invoices to the involved PERMITTEES to recover the deficit. The share for each PERMITTEE shall be prorated according to the formula that was initially used to apportion budget costs. Each CITY shall pay the invoice within 45 calendar days of the billing date.

6. If at any time costs exceed the sum of the deposits for any approved budget, the COUNTY may propose a budget increase and request payment by the PERMITTEES, and PERMITTEES shall pay such amount, provided the budget increase is approved in accordance with sections III.A.1.c-d or III.A.2.c of this Agreement, as may be applicable. Until such approval is obtained and sufficient deposits received, the COUNTY may, at its sole discretion, cease carrying out approved budget components so as to limit or not incur costs in excess of deposits. Nothing in this AGREEMENT shall be construed as requiring PERMITTEES to approve budget increases.

7. The COUNTY shall prepare a budget year-end accounting within 120 calendar days of the end of the budget year and present the same to the involved PERMITTEES for review. If the budget year-end accounting results in the sum of the deposits exceeding costs (net of interest earnings), the excess deposits shall carry forward to reduce the obligation of the PERMITTEES for the following budget year and prorated to the CITIES consistent with the cost-sharing population and area data

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14 calculation above.

8. The COUNTY shall invoice each CITY for its annual share of each approved budget by November 30 of each budget year. Each CITY shall pay their deposit(s) within 45 calendar days of the billing date or within 45 calendar days of November 30, whichever is later. Each CITY’S deposit(s) shall be based on their prorated share(s) of the approved budget(s), reduced for any carry forward amount identified in the prior budget year-end accounting.

9. The COUNTY shall hold each CITY’s annual share of each approved budget in interest-bearing accounts and credit interest earned on each CITY’s annual share against each CITY’s share of the approved budget costs.

The COUNTY shall maintain records regarding interest earned and credited on each CITY’s annual share and provide the same to the CITIES within 120 calendar days of the end of the budget year.

10.Upon termination of this AGREEMENT, a final accounting shall be performed by the COUNTY and presented to the PERMITTEES for review. If the sum of the deposits exceeds the costs, the COUNTY shall reimburse to each CITY its prorated share of the excess, within 120 calendar days of the final accounting.

VI. LIFE OF THE AGREEMENT
The term of this AGREEMENT shall be indefinite, unless amended or terminated in accordance with this AGREEMENT.

VII. ADDITIONAL PARTIES
Any CITY which becomes incorporated after the effective date of this AGREEMENT, or requests to become a party to this AGREEMENT after previously withdrawing pursuant to Section VIII, shall be eligible to become a party to this AGREEMENT, subject to Majority Approval. In approving adding additional cities to this AGREEMENT, the PERMITTEES may

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15 require such conditions of the added cities as they determine necessary or advantageous. The date of initiation, for determining costs for newly incorporated cities, shall be the date of incorporation. The costs for adding additional cities to this AGREEMENT and OC Stormwater Program including, but not limited to, permit and processing fees, as well as administrative costs incurred by the COUNTY and costs to reimburse the existing PERMITTEES for unreimbursed costs related to a previous withdrawal (if applicable), shall be calculated by the COUNTY, approved by Majority Approval of the PERMITTEES and, thereafter, invoiced by the COUNTY and paid by the added city(ies) within 45 calendar days of the billing date. Monies to be reimbursed to the existing PERMITTEES shall carry forward to reduce the billings for the following budget year.

VIII. WITHDRAWAL FROM THE AGREEMENT
A CITY may withdraw from this AGREEMENT by providing at least 60 calendar days written notice to the COUNTY. The COUNTY shall notify the PERMITTEES within 10 business days of receipt of any withdrawal notice. Neither the COUNTY nor any PERMITTEE shall be responsible for advising the withdrawing CITY of the legal, regulatory, or programmatic effects of withdrawing, nor have any continuing responsibility to the withdrawing CITY upon the effective date of the withdrawal. The withdrawing CITY shall be solely responsible for any costs the withdrawing CITY may incur related to its withdrawal, including, but not limited to, penalties assessed by RWQCBs, and or other resource agencies (e.g., EPA, CDFW, etc.) in connection with or related to its withdrawal. In addition, withdrawal shall constitute forfeiture of any deposits on hand from the withdrawing CITY, for the budget year in which the withdrawal is effective. If the effective date of a withdrawal is within 60 calendar days of the beginning of any budget year, the withdrawing CITY shall be responsible for paying its annual

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16 share for the upcoming budget year as if it were still a PERMITTEE participating in this AGREEMENT but shall be eligible to receive a credit for any prospective carry forward amount of such annual share as may be contemplated by this AGREEMENT. The cost allocations to the remaining PERMITTEES participating in this AGREEMENT shall be recalculated and collected and/or credited as necessary in the budget year following the effective date of the withdrawal.

IX. NON-COMPLIANCE WITH PERMIT OR ORDER REQUIREMENTS
Each PERMITTEE shall remain solely responsible for its own acts and omissions with respect to compliance with requirements of an MS4 permit or other order of the RWQCBs or SWRCB to which it may be subject, and nothing herein shall be deemed to waive, release, or transfer any such responsibility to any other PERMITTEE. Nothing in this AGREEMENT shall be construed as an assumption by any PERMITTEE of any liability or obligation of another PERMITTEE, whether past, present, or future.

X. LEGAL ACTION/ COSTS/ ATTORNEY FEES
In the event of legal action to enforce any provision of this AGREEMENT, each party shall bear its own attorneys’ fees and costs, and no party shall seek to recover the same from any other party through litigation or other legal proceedings.

XI. AMENDMENTS TO THE AGREEMENT
This AGREEMENT may be amended with Majority Approval. The COUNTY and the DISTRICT shall represent one voting PERMITTEE with their percentage contribution equal to the total of the COUNTY and the DISTRICT as described in Section V. No amendment to this AGREEMENT shall be effective unless it is in writing and signed by the duly authorized representatives of the COUNTY and the required Majority Approval of PERMITTEES.

XII. NOTICES

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17 All notices required under Section VIII shall be deemed duly given if delivered by hand (with written confirmation of receipt); via electronic mail (with confirmation of transmission); or three (3) days after deposit in the U.S. Mail, postage prepaid.

XIII. GOVERNING LAW
This AGREEMENT shall be governed and construed in accordance with laws of the State of California. If any provision or provisions of this AGREEMENT is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not any way be affected or impaired hereby.

XIV. CONSENT TO BREACH NOT WAIVER
No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the duly authorized representative of the PERMITTEE to have waived or consented.

Any consent by any PERMITTEE to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.

XV. APPLICABILITY OF PRIOR AGREEMENTS
This AGREEMENT restates and amends the provisions in prior agreements and constitutes the entire AGREEMENT between the PERMITTEES with respect to the subject matter. All prior agreements, representations, statements, negotiations, and undertakings are superseded hereby.

XVI. EXECUTION OF THE AGREEMENT
This AGREEMENT may be executed in counterparts, and the signed counterparts shall constitute a single instrument. The parties agree that this AGREEMENT may be executed and delivered by electronic means, including via email or electronic signature platforms (e.g., DocuSign, Adobe Sign), and that such electronic signatures shall be deemed to have the same legal

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18 effect as original signatures. Each party agrees that electronically signed documents shall be valid, enforceable, and admissible in any legal proceeding to the same extent as a manually signed original.

XVII. NO WAIVER OF PRIVILEGE AND/OR WORK PRODUCTION PROTECTION Notwithstanding anything in this Agreement to the contrary, nothing in this AGREEMENT shall require a party to release or provide information (including any reports, communications, data, etc.) that has been deemed by that party to be subject to the attorney-client privilege, attorney work product doctrine, or any other relevant privilege and protection, including, but not limited to, any reports or information generated by a party’s consultant that was prepared in consultation with, or at the direction of, such party’s attorney or counsel of record. Nothing in this AGREEMENT shall prohibit the parties hereto from entering into future agreements, including joint defense agreements, common interest agreements, or other similar agreements to share such privileged or protected information subject to the terms and conditions of such an agreement.

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19 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the dates opposite their respective signatures:

ORANGE COUNTY FLOOD CONTROL DISTRICT
A body corporate and politic
By
Chairman of the Board of Supervisors

COUNTY OF ORANGE
A body corporate and politic
Date: By
Chairman of the Board of Supervisors

SIGNED AND CERTIFIED THAT A COPY OF THIS

AGREEMENT HAS BEEN DELIVERED TO THE

CHAIRMAN OF THE BOARD
Date: By

ROBIN STIELER
Clerk of the Board of Supervisors of
Orange County, California

APPROVED AS TO FORM COUNTY COUNSEL

ORANGE COUNTY, CALIFORNIA
By Julia Woo, Senior Deputy
Date:
///
///
///

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20 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF ALISO VIEJO
Date: ______
ATTEST:

City Clerk

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21 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF ANAHEIM
Date: ______
ATTEST:

City Clerk

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22 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF BREA
Date: _________________________
ATTEST:

City Clerk

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23 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF BUENA PARK
Date: ______
ATTEST:

City Clerk

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24 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF COSTA MESA
Date: _____
ATTEST:

City Clerk

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25 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF CYPRESS
Date: ______
ATTEST:

City Clerk

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26 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF DANA POINT
Date: ______
ATTEST:

City Clerk

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27 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF FOUNTAIN VALLEY
Date: ______
ATTEST:

City Clerk

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28 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF FULLERTON
Date: ______
ATTEST:

City Clerk

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29 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF GARDEN GROVE
Date: ______
ATTEST:

City Clerk

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30 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF HUNTINGTON BEACH
Date: ______
ATTEST:

City Clerk

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31 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF IRVINE
Date: ______
ATTEST:

City Clerk

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32 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF LA HABRA
Date: ______
ATTEST:

City Clerk

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33 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF LA PALMA
Date: ______
ATTEST:

City Clerk

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34 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF LAGUNA BEACH
Date: ______
ATTEST:

City Clerk

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35 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF LAGUNA HILLS
Date: ______
ATTEST:

City Clerk

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36 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF LAGUNA NIGUEL
Date: ______
ATTEST:

City Clerk

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37 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF LAGUNA WOODS
Date: ______
ATTEST:

City Clerk

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38 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF LAKE FOREST
Date: ______
ATTEST:

City Clerk

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39 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF LOS ALAMITOS
Date: ______
ATTEST:

City Clerk

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40 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF MISSION VIEJO
Date: ______
ATTEST:

City Clerk

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41 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF NEWPORT BEACH
Date: ______
ATTEST:

City Clerk

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42 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF ORANGE
Date: ______
ATTEST:

City Clerk

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43 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF PLACENTIA
Date: ______
ATTEST:

City Clerk

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44 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF RANCHO SANTA MARGARITA
Date: ______
ATTEST:

City Clerk

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45 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF SAN CLEMENTE
Date: _____
ATTEST:

City Clerk

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46 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF SAN JUAN CAPISTRANO
Date: _____
ATTEST:

City Clerk

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47 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF SANTA ANA
Date: ______
ATTEST:

City Clerk

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48 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF SEAL BEACH
Date: ____
ATTEST:

City Clerk

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49 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF STANTON
Date: ______
ATTEST:

City Clerk

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50 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF TUSTIN
Date: ______
ATTEST:

City Clerk

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51 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF VILLA PARK
Date: ______
ATTEST:

City Clerk

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52 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF WESTMINSTER
Date: ______
ATTEST:

City Clerk

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53 By:

Mayor
APPROVED AS TO FORM:

City Attorney

CITY OF YORBA LINDA
Date: ______
ATTEST:

City Clerk

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54 EXHIBIT A - 1

DRY LAND AREA DEDUCTED FROM JURISDICTIONS
Landfills Jurisdiction
Olinda County
Santiago County
Prima Deschecha County
Bee Canyon County
Coyote Canyon County
State Parks
Bolsa Chica State Beach* Huntington Beach
Chino Hills State Park County
Corona Del Mar State Beach Newport Beach
Crystal Cove State Park** County
Doheny State Beach Dana Point
Huntington State Beach Huntington Beach
San Clemente State Beach San Clemente
Airports
Fullerton Fullerton
John Wayne County
Military facilities
Joint Forces Training Base - Los Alamitos Los Alamitos
Former MCAS Tustin*** Tustin
Seal Beach Naval Weapons Station**** Seal Beach
National Forests
Cleveland National Forest County
*Includes Bolsa Chica Ecological Preserve
**Includes Laguna Laurel Ecological Preserve
***Active military areas
****Includes Seal Beach National Wildlife Refuge

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: April 7, 2026
Members of the City Council
SUBJECT: Approve Amendment No. 1 to CON-1396 with California Waters Development, Inc. for Water Feature Maintenance Services to extend the contract term one (1) year for a new total annual amount not to exceed $16,520.

Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☒ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable

EXECUTIVE SUMMARY
Staff is requesting that the City Council approve Amendment No. 1 to CON-1396 with California Waters Development, Inc. for Water Feature Maintenance Services to extend the contract term one (1) year for a new total annual amount not to exceed $16,520. The cumulative contract value, including the one-year extension, totals $56,900. Because this combined value exceeds $50,000, City Council approval is required per the City’s Purchasing Policy.

The cost of the amended contract for the maintenance of the City Hall fountain will be expensed to the Government Buildings Fund for City Hall within the General Fund. The adopted FY 26/27 budget includes sufficient funding for the amendment.

DISCUSSION
The City of Fountain Valley had a large water feature installed in front of City Hall over 23 years ago. In 2018, the water feature was modified to be a long California-friendly planter with a smaller water feature near the entrance to the Civic Center. The City has relied on contracted service providers to maintain the fountain for many years. Proper maintenance of a fountain of this size and complexity with 3 jets, 10 bubblers, and submerged lighting requires the services of a qualified fountain technician to keep it in good condition.

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Amendment No. 1 to CON-1369
April 7, 2026

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In accordance with the City’s procurement policies, the City issued a request for quote (RFQ) on Planet Bids on October 4, 2023, for water feature maintenance services. On October 18, 2023, the City received a total of two (2) quotes from qualified contractors.

After City staff carefully evaluated the proposals to determine which contractor would provide the best value to the City, City Council awarded a two and a half year contract (CON –1396) to California Waters Development, Inc. for water feature maintenance services on December 19, 2023, for a total amount not to exceed $40,380 ($9,740 for January 1, 2024 – June 30, 2024; $14,960 for July 1, 2024 – June 30, 2025; and $15,680 for July 1, 2025 – June 30, 2026).

The term of the contract commenced on January 1, 2024, and continues through June 30, 2026.

Per the terms of the contract, the City has the option to renew the contract for up to two additional one-year periods. The initial contract term (January 1, 2024 – June 30, 2026) valued at $40,380 and a one-year extension period (July 1, 2026 – June 30, 2027) valued at $16,520, brings the total cumulative contract value to $56,900. Because the combined value exceeds $50,000, City Council approval is needed per the City’s Purchasing Policy.

Public Works staff has managed the work performed by California Waters Inc. over the past two and a half years and has been satisfied with their performance. Therefore, staff wishes to extend the contract for an additional one-year period through June 30, 2027.

California Waters Development, Inc. has agreed to extend the contract through June 30, 2027, at the unit prices presented in their original proposal for July 1, 2026, through June 30, 2027.

The fountain in front of City Hall is a symbolic representation of the City and is enjoyed by employees, residents, and visitors. Extending the contract supports the City’s strategic goals of enhancing the culture and environment of “A Nice Place to Live” and maintaining, building, and modernizing infrastructure to support growth and future needs of the City by helping to ensure that the fountain in front of City Hall is being regularly maintained and functioning properly.

FISCAL REVIEW
The amount of Amendment No. 1 will not exceed $16,520 for the one-year term. It will be expensed to the Government Buildings Internal Service Fund for City Hall. Monthly maintenance will be expensed to the Service Contracts account (111.10.10000.53010), and repairs will be expensed to the Building M&R account (111.10.10000.53560).

Amendment No. 1
July 1, 2026 – June 30, 2027
Monthly Maintenance (Account # 111.10.10000.53010) $ 11,520 Repairs (Account # 111.10.10000.53560) $ 5,000
Total $ 16,520
The approved FY 26/27 budget allocates $16,464 specifically for water feature maintenance services in the Government Buildings – City Hall - Service Contracts account (111.10.10000.53010). Plus, there is $39,000 budgeted in the Government Buildings – City

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Amendment No. 1 to CON-1369
April 7, 2026

Page 3 ends

Hall – Building M&R account (111.10.10000.53560). Therefore, sufficient funds are available for Amendment No. 1.

PUBLIC NOTIFICATION
Not applicable.

ENVIRONMENTAL IMPACT REVIEW
Not applicable.

ATTORNEY REVIEW
The Attorney for the City has reviewed and approved Amendment No. 1 to CON-1369.

ALTERNATIVES
Alternative No. 1: Approve Amendment No. 1 to CON-1396 with California Waters Development, Inc. for Water Feature Maintenance Services to extend the contract term one (1) year for a new total annual amount not to exceed $16,520.

Alternative No. 2: Do not approve Amendment No.1 to CON-1396 and direct staff to use existing staff to maintain the water feature. This is not recommended because the Government Buildings division does not have the expertise required to properly maintain the water feature.

RECOMMENDATION
Staff is requesting City Council approval of Alternative No. 1 to approve Amendment No. 1 to CON-1396 with California Waters Development, Inc. for water feature maintenance services to extend the contract term one (1) year for a new total annual amount not to exceed $16,520.

Prepared by: Cassandra Burkart, Management Aide
Reviewed by: Mark Sprague, Field Services Manager
Approved by: Scott Smith, Director of Public Works
Fiscal review by: Ryan Smith, Finance Director / City Treasurer Approved by: Maggie Le, City Manager
Attachment:

1. Amendment No. 1 to CON-1396

2. CON-1396

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Attachment #2

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: April 7, 2026
Members of the City Council
SUBJECT: Fire Department SB 1205 Mandated Inspection Report Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live.” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue-producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support the growth and future needs of the City
☒ Not applicable

EXECUTIVE SUMMARY
California Senate Bill 1205 (SB 1205) was signed into law on September 27, 2018, in response to the tragic Ghost Ship warehouse fire in Oakland, which claimed the lives of 36 individuals.

The warehouse had been illegally converted and had not undergone the required building or fire inspections. This devastating incident drew national attention and highlighted critical gaps in fire safety enforcement. As a result, SB 1205 emphasizes the importance of regular fire inspections and strengthened oversight to help ensure the safety of buildings and protect communities throughout California.

The State legislature requires the Fire Chief of every fire department to conduct annual inspections on all public or private schools, hotels, motels, lodging houses, apartment houses, and certain residential care facilities (Health and Safety Code 13146.3, 13146.2, 17921(b).

Definitions of key terms:

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SB 1205 Mandated Inspection Report
April 7, 2026

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R2.1 - 24-hour living facilities may contain >6 non-ambulatory and/or bedridden clients.
• Assisted living facilities such as residential care facilities, residential care facilities for the elderly (RCFEs), adult residential facilities, group homes, etc. • Social rehabilitation facilities such as halfway houses, community correctional centers, community treatment programs, alcoholism or drug abuse recovery or treatment R4 - 24-hour living facilities with more than six ambulatory clients, but not more than 16 people; a maximum of six non-ambulatory or bedridden clients • Assisted living facilities such as residential care facilities, residential care facilities for the elderly (RCFEs), adult residential facilities, group homes, etc. • Social rehabilitation facilities such as halfway houses, community correctional centers, community treatment programs, alcoholism or drug abuse recovery or treatment E - Facilities used for educational purposes through the 12th grade. For reporting purposes, the data presented do not include occupancies designated as Es that are day cares located in Es (e.g., Boys and Girls Club after-school care).

Procedures
To meet this mandate, the Fire Prevention staff and Fire Companies are assigned their statemandated inspection assignments at the beginning of each year. Inspections are logged into the First Due records management system. In 2025, all known R1, R2, R2.1, and Es were inspected.

FISCAL REVIEW
There is no financial impact.

RECOMMENDATION
Receive and file the state-mandated inspections report for calendar year 2025 for the City of Fountain Valley as required by Senate Bill No. 1205.

Prepared by: Thang Nguyen, Fire Marshal
Reviewed by: Christopher Nigg, Fire Chief
Approved by: Maggie Le, City Manager
Attachment:

1. Resolution

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN

VALLEY, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT

MADE BY THE FIRE CHIEF OF THE FOUNTAIN VALLEY FIRE

DEPARTMENT REGARDING THE INSPECTION OF CERTAIN

OCCUPANCIES REQUIRED TO PERFORM ANNUAL INSPECTIONS IN
SUCH OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND
13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.

WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and,
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 require all fire departments, including the Fountain Valley Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided and,
WHEREAS, California Health & Safety Code Section 13146.2 requires all fire departments, including the Fountain Valley Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3 and,
WHEREAS, the Council of the City of Fountain Valley intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Fountain Valley Fire Department's compliance with California Health and Sections 13146.2 and 13146.3.

NOW, THEREFORE, the City Council of the City of Fountain Valley that said Council expressly acknowledges the measure of compliance of the Fountain Valley Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City of Fountain Valley, as follows:

A. Educational Group E Occupancies:

Educational Group E occupancies are generally those public and private schools, used by more than six people at any one time for educational purposes through the 12th grade.

Within the City of Fountain Valley, there lie 17 Group E occupancies, buildings, structures, and/or facilities.

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During calendar year 2025, the Fountain Valley Fire Department completed the annual inspection of 17 Group E occupancies, buildings, structures, and/or facilities. This is a compliance rate of 100 % of all known education occupancies for this reporting period.

B. Residential Group R Occupancies:

Residential Group R occupancies, for this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc., as well as other residential occupancies (including several residential care facilities). These residential care facilities have several sub-classifications, and they may contain residents or clients with a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. Within the City of Fountain Valley, there lie four (4) Group R1, seventy-one (71) Group R2, and four (4) Group R2.1 of this nature for a total of seventy-nine (79).

During calendar year 2025, the Fountain Valley Fire Department completed the annual inspection of 100% of R1, R2, and R2.1 occupancies, buildings, structures, and/or facilities.

The Department completed seventy-nine (79) R1, R2, and R2.1 inspections. This is a compliance rate of 100% of all known mandated residential occupancies for this reporting period
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting on this ________day of ______________, 2026.

ATTEST:
__________________________ __________________________
Rick Miller, City Clerk Jim Cunneen, Mayor
APPROVED AS TO FORM:

Harper & Burns LLP
__________________________
Attorneys for the City

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Calendar Year 2025 Staff Summary
SB 1205: Fire Protection Services: Inspections: Compliance Reporting The State legislature requires the chief of every fire department to conduct annual inspections on all public or private schools, hotels, motels, lodging houses, apartment houses, and certain residential care facilities (Health and Safety Code 13146.3, 13146.2, 17921(b).

Beginning on January 1, 2019, every fire department must report on these state-mandated annual inspections (Health and Safety Code 13146.4, Added by Stats. 2018, Ch. 854, Sec. 1. (SB 1205) Effective January 1, 2019). This report must be in the form of a resolution or other formal document.

Definitions of key terms:

R1 - Residential occupancies with transient (<30 days) occupants • Boarding houses (transient) with no more than 10 occupants • Congregate residents (transient) no more than 10 occupants • Hotels, motels
R2 - Residential - Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including apartments R2.1 - 24-hour living facilities may contain >6 non-ambulatory and/or bedridden clients. • Assisted living facilities such as residential care facilities, residential care facilities for the elderly (RCFEs), adult residential facilities, group homes, etc. • Social rehabilitation facilities such as halfway houses, community correctional centers, community treatment programs, alcoholism or drug abuse recovery or treatment R4 - 24-hour living facilities with more than six ambulatory clients, but not more than 16 people; a maximum of six non-ambulatory or bedridden clients
• Assisted living facilities such as residential care facilities, residential care facilities for the elderly (RCFEs), adult residential facilities, group homes, etc. • Social rehabilitation facilities such as halfway houses, community correctional centers, community treatment programs, alcoholism or drug abuse recovery or treatment E - Facilities used for educational purposes through the 12th grade. For purposes of reporting, the data presented does not include occupancies designated as Es that are day cares that are facilities located in Es (e.g., Boys and Girls Club after-school care).

Procedures
In order to meet this mandate, the Fire Prevention staff and Fire Companies are assigned at the beginning of each year their state-mandated inspection assignments. Inspections are logged into the First Due records management system. In 2025, all known R1, R2, R2.1, and Es were inspected.

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CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: April 7, 2026
Members of the City Council
SUBJECT: Consider: (1) Approval of the WISE Agreement with the County of Orange and Related Documents; and (2) Authorization to Mail Proposition 218 Notice for Either a One-Year Residential Solid Waste Rate Adjustment or a Five-Year Residential Solid Waste Rate Adjustment Schedule, Based on Increased County Disposal Fees Under the WISE Agreement
_________________________________________________________________________________________ Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☒ Not applicable

EXECUTIVE SUMMARY
Commencing July 1, 2026, the County of Orange (County) is increasing landfill fees for municipal solid waste disposal and services. The City has the option to enter or not enter into an agreement with the County.

The agreement accommodates priority use of County landfills, sets a landfill disposal rate of at least 10% below the rate charged to non-contract customers, and provides a share of the revenue generated by the County’s waste importation agreements. In exchange, the City directs all non-recycled waste that its franchise haulers collect to County landfills.

If the City does not execute the agreement, the benefits listed within the agreement will not be realized, and the landfill disposal rate will be increased to at least 10% higher than the agreement rate. In either case, the landfill disposal fee will increase and may be passed through to residential customers through solid waste service rates, subject to applicable legal requirements.

This staff report presents two related but separate actions for the City Council’s consideration:
(1) whether to approve the WISE Agreement with the County, and (2) whether to authorize

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WISE Agreement / Prop. 218 Notice
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mailing Proposition 218 public protest hearing notices for either a proposed one-year residential solid waste rate adjustment effective July 1, 2026, or a proposed five-year schedule of residential solid waste rate adjustments. Approval of one action does not require approval of the other.

If the City Council wishes to consider a proposed one-year residential solid waste rate adjustment effective July 1, 2026, or a proposed five-year schedule of residential solid waste rate adjustments beginning July 1, 2026, the City must comply with a Proposition 218 notice and protest hearing process. Authorization to mail Proposition 218 notices does not itself approve any rate increase; it only authorizes notice and scheduling of a future public protest hearing at which the City Council may later decide whether to approve the proposed rate adjustment or rate adjustment schedule, as applicable.

If the City Council authorizes a five-year Proposition 218 notice, the proposed five-year schedule would run from July 1, 2026, through June 30, 2031, and would be limited to the stepped County contract disposal rates and CPI-based annual adjustments described in Proposition 218 notice at Attachment 4. If the City Council instead authorizes a one-year Proposition 218 notice, the notice would cover only the initial rate adjustment effective July 1, 2026 as described in the Proposition 218 notice at Attachment 4.

The proposed residential rate adjustment methodology is not a straight dollar-for-dollar passthrough of total County disposal charges; rather, it applies the County disposal-rate increases only to the disposal-cost portion of the residential rates, and not to the collection portion or the City administrative fee. The initial proposed monthly rates, effective July 1, 2026, would be $34.83 for standard residential service and $30.51 for senior residential service.

DISCUSSION
The County, through Orange County Waste & Recycling (OCWR), operates the County-owned landfill system, including three (3) active landfills and approximately 20 inactive sites. Since 1997, Orange County cities have participated in the Waste Disposal Agreement (WDA), which provided guaranteed landfill capacity and disposal rates of at least 10% below noncontract customers. The WDA has been amended several times, in 2004, 2009, 2015, and most recently for a one-year extension in 2025.

As the WDA neared expiration, OCWR developed the successor Waste Infrastructure System Enterprise (WISE) Agreement. The Orange County City Managers Association (OCCMA), representing cities, sanitary districts, and special districts that rely on the landfill system, coordinated review and negotiations beginning in late 2024. In 2025, OCCMA secured a one-year extension of the WDA through June 30, 2026, allowing additional time for negotiations.

The current WDA limits annual rate increases to CPI and does not account for rising operational, regulatory, and environmental compliance costs. OCWR also indicated that additional capital was needed to fund the Brea (Olinda Alpha) landfill closure and to significantly expand the capacity of the landfill in San Juan Capistrano (Prima Deshecha) over the course of the 10-year term. OCWR’s initial WISE proposal would have increased disposal

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rates from $43.76 per ton, fiscal year (FY) 2025-26 rate, to $82.00 in the first year and were projected to rise to nearly $107.00 by 2035.

Through negotiations, OCCMA reached an agreement on a phased rate structure for the first three (3) years of the agreement. While the primary focus of the negotiations was tied to the disposal rate, OCCMA successfully negotiated the following key provisions:
 Beginning in 2030, an annual “true-up” process that may freeze CPI adjustments depending on OCWR’s cost recovery and tonnage revenue. Cities may initiate a ‘meet and confer’ process with review by an independent consultant.  Inclusion of review and annual notification provisions to ensure continued OCCMA participation to improve transparency and oversight of OCWR’s financial status and implementation of the WISE Agreement.
 Removal of language that would have made cities financially responsible for hauler non-payment.
 Adoption of a blended CPI index (60% Solid Waste, Water, and Sewer; 40% All Urban Consumers).
 Removal of the requirement that all residential organic waste be sent to OCWR; the County will offer optional organic waste processing services.

Starting in FY 2029-30, the County contract disposal rate is subject to the CPI based adjustment formula set forth in the WISE Agreement.

Fiscal Year Contract Rate
2026–27 $67.00/ton
2027–28 $74.00/ton
2028–29 $81.00/ton
2029–30 Prior year + CPI
2030-31 Prior year + CPI
Effective July 1, 2026, the increased County disposal fees are anticipated to result in an 8.3% increase to monthly residential customer bills, as shown in the table below. The City Council may authorize either a Proposition 218 notice covering only the initial rate adjustment effective July 1, 2026, or a Proposition 218 notice covering a five-year schedule of future residential solid waste rate adjustments based on a clearly defined formula reflecting changes in County disposal fees under the WISE Agreement.

If a five-year Proposition 218 notice is authorized, the proposed five-year Prop 218 schedule is limited to the stepped County contract disposal rates and CPI-based annual adjustments described in the notice. Any future Contract Rate True-up or other non-CPI adjustment under the WISE Agreement will be evaluated separately if and when it occurs. If a one-year Proposition 218 notice is authorized, the notice would cover only the July 1, 2026, adjustment.

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Initial Residential Rate Increase Effective July 1, 2026 Resident 1/1/2026 Disposal
Adjustment 7/1/2026 Increase
Trash $ 30.88 8.3% $ 33.44 $ 2.56
Admin Fee - City Billed $ 1.39 0.0% $ 1.39 $ -
Total $ 32.27 $ 34.83 $ 2.56
Senior (62 years and older) 1/1/2026 Disposal
Adjustment 7/1/2026 Increase
Trash $ 26.89 8.3% $ 29.12 $ 2.23
Admin Fee - City Billed $ 1.39 0.0% $ 1.39 $ -
Total $ 28.28 $ 30.51 $ 2.23
For the proposed July 1, 2026, residential rate adjustment, the amount of the annual residential rate adjustment is determined by applying the percentage increase in the County contract landfill disposal rate under the WISE Agreement to the fixed disposal portion of the monthly residential trash rate and the monthly senior residential trash rate, excluding the City administrative fee. If the City Council authorizes a five-year Proposition 218 notice, future annual adjustments would be determined by applying the percentage increase in the County contract landfill disposal rate under the WISE Agreement from the immediately preceding year to the applicable adjustment year to that same fixed disposal portion of the monthly residential trash rate and the monthly senior residential trash rate, excluding the City administrative fee.

For purposes of the proposed residential rate adjustment and any proposed five-year schedule, if authorized, the disposal portion of the monthly residential and senior residential trash rate is fixed at 15.62% of the monthly rate. That 15.62% figure is not the annual rate increase; it is the fixed disposal portion used to calculate the WISE adjustment. These proposed adjustments apply only to the disposal-cost portion of the residential trash rate and do not apply to the collection portion of the rate or to the City administrative fee. The City will not retain revenue from these adjustments beyond the amount necessary to recover increased County landfill disposal costs attributable to residential service.

Neither the proposed one-year rate adjustment nor the proposed five-year schedule modifies or extends the separate hauler CPI adjustment schedule previously authorized by the City Council for Republic Services, which remains in effect through December 31, 2027.

If the City Council authorizes the one-year notice option, the Proposition 218 notice would cover only the July 1, 2026, residential rate adjustment shown above, and would not include future annual adjustments.

IF THE CITY COUNCIL AUTHORIZES THE FIVE-YEAR NOTICE OPTION:

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PROPOSED 5-YEAR RESIDENTIAL TRASH RATE INCREASE

DUE TO WISE ADJUSTMENT
(per dwelling unit per month)
Effective Date Monthly Increase in
Standard Residential Rate
Monthly Increase in
Senior Residential Rate
July 1, 2026 $2.56 $2.23
July 1, 2027 $0.74 $0.64
July 1, 2028 $0.75 $0.65
July 1, 2029 2028 rate plus 2029 WISE adjustment 2028 rate plus 2029 WISE adjustment July 1, 2030 2029 rate plus 2030 WISE adjustment 2029 rate plus 2030 WISE adjustment Cities must adopt the WISE Agreement by April 30, 2026, to avoid disposal rates up to 10% higher. The ‘Participation Threshold’ for the WISE Agreement to become effective requires that cities that represent at least 50% of the disposal sent to the County landfills ratify the document.

The agreement is for 10 years, through June 30, 2036, with one optional 10-year extension.

The WISE Agreement also requires the City to direct controllable waste to the County landfill system through its franchise and other legal authority, and includes termination and breach provisions that may result in financial liability to the City under certain circumstances, including a termination fee if the City terminates the agreement for convenience before the end of the term.

City staff and Republic Services have discussed the option of transporting waste to a location outside of Orange County. An assessment of hauling waste to Republic Services’ Sunshine Canyon Landfill identified a significant cost increase for transportation and disposal. The analysis by Republic Services identified a cost of $96.38/ton to dispose of solid waste at Frank R. Bowerman Landfill (Irvine, Orange County). Whereas the cost to dispose of solid waste at Sunshine Canyon Landfill (Sylmar, Los Angeles County) was calculated to be $122.57. The additional cost results in an increase of $26.19 (27.2%), which is notably greater than the WISE Agreement rate.

If the City Council does not approve the WISE Agreement, the City may still evaluate whether to pursue Proposition 218 notice for a residential rate adjustment schedule based on the higher non-contract disposal rate structure or another lawful disposal alternative. Likewise, if the City Council approves the WISE Agreement, the City Council may still decide not to pursue or approve any proposed residential rate increase.

Proposition 218 Public Protest Hearing for Proposed One-Year Residential Solid Waste Rate Adjustment or Five-Year Residential Solid Waste Rate Adjustment Schedule

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If the City Council wishes to consider a proposed one-year residential solid waste rate adjustment effective July 1, 2026, or a proposed five-year schedule of residential solid waste rate adjustments, whether tied to County disposal fee increases under the WISE Agreement or to another applicable disposal-cost structure, the City must conduct a Proposition 218 notice and protest hearing process. If the five-year option is selected, the proposed schedule would run from July 1, 2026, through June 30, 2031, and would include the initial rate adjustment effective July 1, 2026, together with future annual adjustments based on the formula described above. If the one-year option is selected, the notice would cover only the initial rate adjustment effective July 1, 2026. The notices will be mailed at least 45 days before the public hearing and will advise property owners of the proposed rates, and, for the five-year option, the basis for the annual adjustments and the proposed five-year schedule.

Authorization to mail Proposition 218 notices is a procedural step only and does not constitute approval of any rate increase. Any proposed residential rate adjustment would return to the City Council for final consideration after completion of the Proposition 218 notice and protest hearing process.

As of March 26, the following cities/agencies have approved the WISE Agreement: Laguna Woods, Villa Park, Fullerton, Midway City Sanitary District, Rancho Santa Margarita, Dana Point, Tustin, Los Alamitos, Seal Beach, Anaheim, Laguna Beach, Laguna Hills, Mission Viejo, Newport Beach, and Stanton. Attachment 5 provides the processing status for additional Orange County cities/agencies.

FISCAL REVIEW
The proposed residential rate adjustment and any future adjustments included in a five-year schedule, if authorized, are intended only to recover increased County landfill disposal costs attributable to residential solid waste service under the WISE Agreement. The proposed adjustments do not affect the City's administrative fee and are not intended to generate revenue beyond the amount necessary to recover those increased disposal costs.

PUBLIC NOTIFICATION
Not applicable.

ENVIRONMENTAL IMPACT REVIEW
Not applicable.

ATTORNEY REVIEW
The Attorney(s) for the City has reviewed and approved the WISE Agreement.

ALTERNATIVES

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Alternative No. 1: Approve execution of the WISE Agreement and authorize staff to mail Proposition 218 notices for the proposed five-year residential solid waste rate adjustment schedule for July 1, 2026, through June 30, 2031, based on increased County disposal fees under the WISE Agreement and the formula described in the notice and staff report.

Alternative No. 2: Approve execution of the WISE Agreement and authorize staff to mail Proposition 218 notices for a proposed one-year residential solid waste rate adjustment effective July 1, 2026, based on increased County disposal fees under the WISE Agreement.

Alternative No. 3: Approve execution of the WISE Agreement, but do not authorize staff to mail Proposition 218 notices at this time. Under this option, the City would receive the contract-rate benefits of the WISE Agreement, but no residential rate adjustment or rate adjustment schedule would be presented to property owners unless separately authorized by the City Council at a later date.

Alternative No. 4: Do not approve execution of the WISE Agreement and authorize staff to mail Proposition 218 notices for a proposed one-year residential solid waste rate adjustment or a five-year residential solid waste rate adjustment schedule, based instead on the non-contract landfill disposal rate structure that would apply absent the WISE Agreement, subject to preparation of revised notice and supporting materials.

Alternative No. 5: Do not approve the execution of the WISE Agreement and do not authorize staff to mail Proposition 218 notices.

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RECOMMENDATION
Staff recommends that City Council: (1) approve the ten-year WISE Agreement with the County of Orange for contract rate municipal solid waste disposal and services; (2) authorize staff to mail Proposition 218 public protest hearing notices for the proposed five-year residential solid waste rate adjustment schedule for July 1, 2026 through June 30, 2031, calculated under the residential rate methodology described in this staff report and the Proposition 218 notice.

Prepared by: Scott Smith, Public Works Director
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:

1. WISE Agreement

2. Franchise Hauler Acknowledgement

3. Service Coordinator Designation Form

4. Proposition 218 Notice of Hearing (Two Alternatives)

5. WISE Agreement Approval Status in Orange County

6. Resolution

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WASTE INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT
(“WISE AGREEMENT”)
Between

THE COUNTY OF ORANGE, CALIFORNIA
and
the

CITY OF FOUNTAIN VALLEY
Dated April 7, 2026
County Authorization Date: City Authorization Date:

April 7, 2026
County Notice Address:

Director
OC Waste & Recycling
601 N. Ross Street 5th Floor
Santa Ana, CA 92701
City Notice Address:

City Manager
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
Attachment #1

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TABLE OF CONTENTS
Page

ARTICLE I

DEFINITIONS AND INTERPRETATION
Section 1.1 DEFINITIONS ................................................................................................................................. 2 Section 1.2 INTERPRETATION ........................................................................................................................ 7

ARTICLE II

REPRESENTATIONS AND WARRANTIES
Section 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY........................................................ 8 Section 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY ................................................ 9

ARTICLE III

DELIVERY AND ACCEPTANCE OF WASTE AND PROVISION OF DISPOSAL SERVICE Section 3.1 DELIVERY OF WASTE ................................................................................................................. 9 Section 3.2 PROVISION OF DISPOSAL SERVICES BY THE COUNTY. ................................................... 11 Section 3.3 COUNTY RIGHT TO REFUSE WASTE...................................................................................... 12 Section 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE............................................................... 13 Section 3.5 MISCELLANEOUS OPERATIONAL MATTERS....................................................................... 14 Section 3.6 OTHER USERS OF THE DISPOSAL SYSTEM. ......................................................................... 14 Section 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES. ................................................. 15

ARTICLE IV

CONTRACT RATE
Section 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE......................................... 15 Section 4.2 CONTRACT RATE ....................................................................................................................... 15 Section 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE........................................... 21 Section 4.4 BILLING OF THE CONTRACT RATE........................................................................................ 21 Section 4.5 RESTRICTED RESERVES ........................................................................................................... 21 Section 4.6 AUDITED FINANCIAL STATEMENTS ..................................................................................... 22 Section 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION ............................................ 22

ARTICLE V

BREACH, ENFORCEMENT AND TERMINATION
Section 5.1 BREACH........................................................................................................................................ 23 Section 5.2 CITY CONVENIENCE TERMINATION..................................................................................... 23 Section 5.3 TERMINATION. ........................................................................................................................... 23 Section 5.4 NO WAIVERS ............................................................................................................................... 24 Section 5.5 FORUM FOR DISPUTE RESOLUTION...................................................................................... 24

ARTICLE VI
TERM
Section 6.1 EFFECTIVE DATE AND TERM.................................................................................................. 24 Section 6.2 COMMENCEMENT DATE .......................................................................................................... 25

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ARTICLE VII

GENERAL PROVISIONS
Section 7.1 OPERATION AND MAINTENANCE OF THE DISPOSAL SYSTEM.......................................26 Section 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY. .......................................................26 Section 7.3 INDEMNIFICATION.....................................................................................................................27 Section 7.4 RELATIONSHIP OF THE PARTIES ............................................................................................27 Section 7.5 LIMITED RECOURSE. .................................................................................................................27 Section 7.6 PRE-EXISTING RIGHTS AND LIABILITIES.............................................................................27 Section 7.7 NO VESTED RIGHTS ...................................................................................................................28 Section 7.8 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING..........................28 Section 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES ..................................................................28 Section 7.10 AMENDMENTS ............................................................................................................................28 Section 7.11 NOTICE OF LITIGATION ............................................................................................................28 Section 7.12 FURTHER ASSURANCES............................................................................................................28 Section 7.13 ASSIGNMENT OF AGREEMENT ...............................................................................................28 Section 7.14 INTEREST ON OVERDUE OBLIGATIONS ...............................................................................28 Section 7.15 BINDING EFFECT ........................................................................................................................28 Section 7.16 NOTICES........................................................................................................................................28 APPENDIX 1

ESTIMATED ANNUAL TONNAGE
APPENDIX 2

CUMULATIVE TONNAGE
APPENDIX 3

CUMULATIVE CAPITAL COSTS
APPENDIX 4

FRANCHISE HAULER ACKNOWLEDGEMENT
APPENDIX 5

ORGANIC SERVICES AGREEMENT

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WASTE INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT
THIS WASTE INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT (“WISE Agreement” or “Agreement” are used interchangeably) is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the “County”), and the city, special district, or sanitary district designated on the cover page of this Agreement (the “City”). County and City may hereinafter be referred to singularly as “Party” or collectively as “Parties.”.

RECITALS
The County owns, manages and operates a Waste Infrastructure System to manage municipal and solid waste generated within the County of Orange or imported from outside the County pursuant to contractual agreements. The Waste Infrastructure System collectively includes active Class III sanitary landfills (“County Landfills”), resource recovery, recycling and organics programs, infrastructure and operations, closed landfills, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County.

The County is also responsible for the long-term management of twenty (20) closed landfills as required under Applicable Law.

County Landfills are used for the management of municipal solid waste pursuant to legislation including but not limited to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the “Act”) and the Short-lived Climate Pollutants Reduction Act (“SB 1383”). County Landfills are also subject to other State and federal regulations designed to ensure that landfill operations minimize the impacts to public health and safety and the environment.

Pursuant to Resolution, the County established the Waste Management Enterprise Fund pursuant to Government Code §25261 to ensure that all costs associated with the operation and management of the Waste Infrastructure System are financed by charges imposed for services provided by the Department and are not funded by tax revenue or the County General Fund.

The City, in the exercise of its police power, its powers under the Act, and other Applicable Law, has entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers for the collection, recycling, diversion and disposal of municipal solid waste generated within the City.

A significant portion of municipal solid waste generated within the City historically has been and currently is delivered by such hauler or haulers to the County for disposal in the Disposal System.

Since 1997, the City and the County have provided for the management of municipal solid waste through Waste Disposal Agreements (“WDAs”), wherein the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of the WDAs.

Starting in approximately 2014, the Legislature of the State of California passed several pieces of legislation (“Organics Legislation”) that require significant reductions in the disposal of Organic Waste. The purpose of the Organics Legislation is to mandate organics recycling and curtail the impacts of climate change by reducing greenhouse gas emissions such as methane. In this regard, the decomposition of organic material in the State’s landfills was identified as a significant source of methane that could be reduced.

On April 23, 2019, the Orange County Board of Supervisors passed Resolution 19-031 to respond to the State’s increasing landfill diversion requirements and identified the need for additional organic processing infrastructure in the County and directed the Department to develop additional organics recycling infrastructure to support the region in meeting State organic recycling mandates.

The County has developed an Organics Infrastructure that is comprised of organic processing facilities to receive and process Organic Waste to support the State’s Organic Legislation goals, promote local recycling, assist local jurisdictions in meeting their organic diversion requirements and correspondingly conserve capacity in the

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Disposal System and is offering interested Cities the option of participating in the County provided Organic Processing Services pursuant to a separate Organic Services Agreement (“OSA”) as provided in Appendix 5.

In their effort to continue the concepts and purposes outlined in the WDAs and respond to Organics Legislation, the City and the County desire to enter into this Waste Infrastructure System Enterprise Agreement (“WISE Agreement” or “Agreement”), on the terms and conditions set forth herein. The County and City acknowledge that the currently operative WDA shall remain in full force and effect until its expiration or the WISE Agreement Commencement Date, whichever comes first.

The City has determined that the execution of this Agreement by the City will serve the public health, safety and welfare of the City by providing disposal rate stability, predictable and reliable long-term disposal service, and the continuation of sound environmental management.

The County has determined that the execution by the County of this Agreement will serve the public health, safety and welfare by providing a stable, predictable and reliable supply of municipal solid waste and the resulting service payment revenue to the Waste Infrastructure System, thereby enabling the County to plan, manage, operate and finance improvements to the Waste Infrastructure System on a prudent and sound long term, businesslike basis consistent with its legal and regulatory obligations to the State and Federal government.

Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof.

Official action approving this Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof.

It is, therefore, agreed as follows:

ARTICLE I

DEFINITIONS AND INTERPRETATION
SECTION 1.1 DEFINITIONS. As used in this Agreement, the following terms shall have the meanings set forth below.
“Acceptable Waste” means all garbage, refuse, rubbish, Organic Waste and other materials and substances discarded or rejected as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection and which are normally disposed of by or collected from residential (single family and multi-family), commercial, industrial, governmental and institutional establishments and which are acceptable at Class III landfills under Applicable Law.
“Act” means AB 939 the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time. “Agreement” means this Waste Infrastructure System Enterprise Agreement (“WISE Agreement”) between the County and the City as the same may be amended or modified from time to time in accordance herewith. “Appendix” means an appendix to this Agreement, as the same may be amended or modified from time to time in accordance with the terms hereof
“Applicable Law” means the Act, Organics Legislation, the Orange County Code of Ordinances, CERCLA, RCRA, CEQA, any Legal Entitlement and any federal or State rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having jurisdiction, applicable from time to time to the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Waste Infrastructure System, and the transfer, handling, transportation and disposal of Acceptable Waste, Unacceptable Waste, or any other transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire, environmental protection, mitigation monitoring plans and building codes).

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“CalRecycle” means the California Department of Resources Recycling and Recovery, which is a branch of the California Environmental Protection Agency, and any agency, department or other Governmental Body which succeeds to the duties and powers thereof. CalRecycle oversees the State’s waste management and waste reduction programs. CalRecycle was established in 2010 to replace the California Integrated Waste Management Board and is responsible for the enforcement of legislation and regulations and diversion requirements applicable to the Waste Infrastructure System.
“Capital Costs” means all costs of the Waste Infrastructure System that are classified as capital costs for purposes of the budget of the Department in accordance with procedures established by the County of Orange AuditorController in compliance with the California State Controller’s Manual, including but not limited to all of the categories of costs of the Waste Infrastructure System including but not limited to “Buildings and Improvements, and Infrastructure” (Object Code 4200), “Equipment” (Object Code 4000-4040) and “Intangible” (Object Code 4250- 4299) in the County of Orange – Chart of Accounts, or any successor accounting or reporting system utilized by the County.
“CEQA” means the California Environmental Quality Act, codified in California Public Resources. Code Section 21000 et seq. as amended or superseded, and the regulations promulgated thereunder. “CERCLA” means the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.

Section 9601 et seq., as amended or superseded, and the regulations promulgated thereunder. “Change in Law” means any of the following events or conditions which has a material and adverse effect on the performance by the parties of their respective obligations under this Agreement (except for payment obligations), or on the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, operation or maintenance of the Waste Infrastructure System or other matters to which Applicable Law applies:
(1) the enactment, adoption, promulgation, issuance, material modification or written change in administrative or judicial interpretation on or after the Commencement Date of any Applicable Law (other than Applicable Law enacted by the County); or
(2) the order or judgment of any Governmental Body (other than the County), on or after the Commencement Date, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence; or
(3) the denial of an application for, delay in the review, issuance or renewal of, or suspension, termination, interruption, imposition of a new or more stringent condition in connection with the issuance, renewal or failure of issuance or renewal on or after the Commencement Date of any Legal Entitlement to the extent that such denial, delay, suspension, termination, interruption, imposition or failure materially and adversely interferes with the performance of this Agreement, if and to the extent that such denial, delay, suspension, termination, interruption, imposition or failure is not the result of willful or negligent action, error or omission or a lack of reasonable diligence of the County or of the City, whichever is asserting the occurrence of a Change in Law; provided, however that the contesting in good faith or the failure in good faith to contest any such denial, delay, suspension, termination, interruption, imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of reasonable diligence; or (4) any new or revised requirements or fees relating to the funding or provision of Waste Infrastructure Services, including but not limited to, Integrated Waste Management Act Fees, Host Fees, regulations for disposal operations, organics processing and diversion, recycling initiatives or activities associated with the remediation, closure, funding or monitoring of closed landfills with respect to facilities comprising the Waste Infrastructure System, or facilities which the County previously utilized to provide waste disposal, transfer, recycling, processing or other waste related activities. “City” means, as applicable, the City (general law, charter or other), Special District or Sanitary District designated on the cover page of this Agreement and party to this Agreement.

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“City Acceptable Waste” means all Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the City, and Residue from the foregoing wherever produced, whether within or outside the City (or Tonnage equivalencies of such Residues, as and to the extent provided in subsection 3.1(D) hereof).
“Consumer Price Index” or “CPI” means a blend of the following two indexes based on the following percentage of each: 60% of the CPI shall be comprised of the Consumer Price Index published by the Bureau of Labor Statistics for All Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG); and, 40% of the CPI shall be comprised of the Consumer Price Index for All Urban Consumers, not seasonally adjusted, all items index (CPI-U) – All items in Los Angeles-Long Beach-Anaheim (CUURS49ASA0).

In the event either of the forgoing indexes is no longer published during the term of this Agreement, such other index identified by the Bureau of Labor Statistics as a replacement or otherwise generally accepted as a replacement shall be used for purposes of this Agreement; and, in the absence thereof, the Orange County Board of Supervisors shall select an index that it determines most closely reflects the forgoing and best implements the intent of this Agreement. “Commencement Date” means the date on which the obligations of the parties hereto commence, established as provided in Section 6.2(B) hereof.
“Contract Date” means the first date on which this Agreement has been executed by both parties hereto. “Contract Rate” has the meaning specified in Section 4.2 hereof “Contract Year” means the fiscal year commencing on July 1 in any year and ending on June 30 of the following year.
“Controllable Waste” means all City Acceptable Waste with respect to which the City has the legal or contractual ability to determine the disposal location therefor and which is:
(1) Non-Recycled City Acceptable Waste;
(2) not generated from the operations of the Governmental Bodies which, under Applicable Law, have the independent power to arrange for the disposal of the waste they generate; and
(3) collected and hauled by Franchise Haulers.
“County” means the County of Orange, a political subdivision of the State of California and party to this Agreement.
“County Landfills” means all active Class III sanitary landfills located within the County of Orange and operated by the Department. At the time of execution, County Landfills consist of the Olinda Alpha Landfill located in Brea, California, the Frank R. Bowerman Landfill located in Irvine, California, and the Prima Deshecha Landfill located in San Juan Capistrano, California. (Note: The current estimated closure date for the Olinda Alpha Landfill is 2036 as specified in its Solid Waste Facility Permit. Throughout the term of this Agreement, County reserves the right to reduce, continue, expand, or cease all operation at the Olinda Alpha Landfill at its sole discretion.) “County Plan” means the integrated waste management plan of the County approved by CalRecycle pursuant to the Act as in effect from time to time.
“County Acceptable Waste” means Acceptable Waste generated in the County. “County-wide Recycling Services” has the meaning set forth in subsection 3.7(A) hereof. “Cumulative Tonnage Target” for any given Contract Year means the amount specified in Appendix 2 hereto with respect to such Contract Year.
“Department” means OC Waste & Recycling, and any agency, department or other Governmental Body

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which succeeds to the duties and powers thereof.
“Designated Facility” means the landfill or other County facility that the Department directs or assigns City Franchise Haulers to deliver City Acceptable Waste.
“Director” means the Director of OC Waste & Recycling.
“Disposal Services” means the solid waste disposal and other services to be provided by the County pursuant to the Service Covenant and as otherwise provided in this Agreement. “Disposal System” means the Waste Infrastructure System which includes solid waste disposal operations at active landfills; Organics Infrastructure; regional Household Hazardous Waste Collection Centers; and other waste management related systems deemed necessary by the County, as well as services, such as post-closure maintenance and other activities, at closed landfills formerly operated by the County, as appropriate under Applicable Law. “Environmental Fund” means the fund or funds held by the County to pay unanticipated costs of environmental mitigation, remediation or liability.
“Franchise Hauler” means any hauler or collector who provides Acceptable Waste collection services within the City pursuant to, or under authority granted by, a permit, contract, franchise or other agreement with the City. The term Franchise Hauler includes the City itself if Acceptable Waste collection and transportation services are provided directly by City operated municipal collection service. “Full Cost Recovery” means all facets of Department costs and responsibilities including, but not limited to; operation, maintenance and management of the Waste Infrastructure System, labor and equipment, capital projects, environmental monitoring and mitigation, site closure, legal and regulatory compliance, long-term post-closure maintenance, remediation costs, planning for contingencies associated with the County’s long-term liability and maintaining adequate financial reserves.
“Governmental Body” means any federal, State, county, city or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority.
“Hazardous Material” or “Hazardous Substance” has the meaning given such term in CERCLA, the Carpenter-Presley-Tanner Hazardous Substance Account Act (California Health and Safety Code Section §78000 et seq.), and Titles 26 and 27 of the California Code of Regulations and other regulations promulgated thereunder. “Hazardous Waste” means (a) any waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may do either of the following: cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness, or pose a substantial threat or potential hazard to human health or the environment, or any waste which is defined or regulated as a hazardous waste, toxic substance, hazardous chemical substance or mixture, or asbestos under Applicable Law, as amended from time to time including, but not limited to: (1) the Resource Conservation and Recovery Act and the regulations contained in 40 CFR Parts 260-281; (2) the Toxic Substances Control Act (15 U.S.C. Sections 2601 et seq.) and the regulations contained in 40 CFR Parts 761-766; (3) the California Health and Safety Code, Section 25117 (West 1992 & Supp. 1996); (4) the California Public Resources Code, Section 40141 (West 1996); and (5) future additional or substitute Applicable Law pertaining to the identification, treatment, storage or disposal of toxic substances or hazardous wastes; or (b) radioactive materials which are source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. Section 2011 et seq.) and the regulations contained in 10 CFR Part 40. The terms Hazardous Waste, Hazardous Material or Hazardous Substance shall be used interchangeably in this Agreement when not referring to specific Applicable Law.
“Host Fee” means the amount paid pursuant to Cooperative Agreements, referred to in Section 1.2 (I) of this Agreement, to compensate the cities identified in Section 1.2(I) (“Host Cities”) for costs or impacts incurred by Host Cities which might be associated with County Landfills due to their location within Host City boundaries, and not already substantially avoided or mitigated through the identification and adoption of Project Design Feature and Mitigation Measures.
“Imported Acceptable Waste” means Acceptable Waste that is generated outside of the geographical boundaries

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of the County and delivered to the Waste Infrastructure System. “Importation Agreement” means an agreement between the County and any public or private entity for the delivery and acceptance of Imported Acceptable Waste pursuant to contract. “Independent Haulers” means those waste collection/hauler companies primarily engaged as a principal business in the collection and transportation of municipal solid waste generated in the County of Orange which are not obligated to deliver County Acceptable Waste to the Waste Infrastructure System pursuant to a franchise, contract, permit or other authorization with a City in the County. “Initial Term” has the meaning specified in Section 6.1(A) hereof. “Legal Entitlement” means all permits, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which are required under Applicable Law to be obtained or maintained by any person with respect to the Waste Infrastructure System or the performance of any obligation under this Agreement or the matters covered hereby.
“Legal Proceeding” means every action, suit, litigation, arbitration, administrative or regulatory proceeding, and other legal or equitable proceeding having a bearing upon this Agreement. “Loss-and-Expense” means any and all loss, liability, obligation, damage, delay, penalty, judgment, deposit, cost, expense, claim, demand, charge, tax, or expense, including all fees and costs. “MRF Fines” mean undersized or pulverized material consisting of small fractions of waste that are created during the recycling process as Material Recovery Facilities. “Net Import Revenues” has the meaning ascribed thereto in Section 3.6(F). “Non-Recycled City Acceptable Waste” means all City Acceptable Waste other than Recycled City Acceptable Waste.
“OC Waste & Recycling Enterprise Fund” means the waste management enterprise fund established and managed by the County pursuant to Section 25261 of the Government Code separate from its other funds and accounts for receipts and disbursements in connection with the Waste Infrastructure System. “Organics Infrastructure” means organic processing facilities designed to receive and process Organic Waste to support the State’s Organic Legislation goals, promote local recycling, and/or assist local jurisdictions in meeting their organic diversion requirements which are utilized by interested Cities in connection with their participating in County-provided Organic Processing Services pursuant to a separate Organic Services Agreement. “Organics Legislation” means organics recycling legislation including AB 1594, AB 1826, SB 1383 and any future legislation pertaining to the management and diversion of Organic Waste. “Organics Processing Services” means the services provided by County to Cities that choose to enter into the Organic Services Agreement provided in Appendix 5.
“Organics Services Agreement” (“OSA”) means that separate agreement (as provided in Appendix 5) between County and interested Cities, whereby the County agrees to provide Organic Processing Services to interested Cities pursuant to the terms of the OSA.
“Organic Waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges as defined in Title 14 of the California Code of Regulations, Section 18982(a)(46). “Overdue Rate” means the maximum rate of interest permitted by the laws of the State, if applicable, or the prime rate established from time to time by the Bank of America, N.A. or its successors and assigns, plus 2%, whichever is lower.

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“Participating City” means any City executing a WISE Agreement in accordance with Section 3.6(A) hereof and meeting all requisite conditions to the Commencement Date thereof. “Participation Threshold” means the point at which the percentage of the County’s Acceptable Waste attributable to Participating Cities which have executed and delivered Agreements shall exceed 50% percent (using the percentage rates attributed to such Participating Cities in Appendix 1). “Posted Disposal Rate” means the per ton tipping fee charged by the County for the disposal of solid waste at the Disposal System by parties which are not entitled to disposal service at the Contract Rate pursuant to this Agreement or other contractual arrangement.
“Prohibited Medical Waste” means any medical or infectious waste prohibited or restricted under Applicable Law from being received by or disposed at the Disposal System. “Qualified Household Hazardous Waste” means waste materials determined by local, State, and federal regulation to be:
(1) Of a nature that they must be listed as hazardous in State statutes and regulations; (2) Toxic/ignitable/corrosive/reactive; and
(3) Carcinogenic/mutagenic/teratogenic;
which are discarded from households as opposed to businesses. Qualified Household Hazardous Waste shall not include Unacceptable Waste.
“Recycled City Acceptable Waste” means any otherwise Controllable Waste which is separated from Acceptable Waste by the generator thereof or by processing and which is “recycled” within the meaning of Section 40180 of the Public Resources Code.
“Renewal Term” has the meaning specified in Subsection 6.1(C) hereof. “Residue” means any material remaining from the processing, by any means and to any extent, of City Acceptable Waste or Recycled City Acceptable Waste; provided, however, that Residue shall not include minimal amounts of material remaining after such processing (which minimal amounts shall in no event exceed 10% of the amount of such City Acceptable Waste or Recycled City Acceptable Waste prior to processing). “Resource Conservation and Recovery Act” or “RCRA” means the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended and superseded. “Restricted Reserves” has the meaning specified in Section 4.5. “Sanitary Districts” means the sanitary districts in the County formed pursuant to the Sanitary District Act of 1923, codified in California Health & Safety Code Section 6400 et seq., as amended, supplemented, superseded and replaced from time to time.
“Self-Hauled Waste” means City Acceptable Waste and City Acceptable Organic Waste collected and hauled by Self-Haulers.
“Self-Hauler” means any person not engaged commercially in waste haulage who collects and hauls Acceptable Waste generated from residential or business activities conducted by such person. “Service Coordinator” means the service coordinator for either party designated pursuant to subsection 3.5(C) hereof.
“Service Covenant” means the covenants and agreements of the County set forth in Sections 3.2 and 3.3 hereof.

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“Special District” means public agencies created by a Governmental Body to provide one or more specific services to a community, such as but not limited to water, sewer, refuse, parks and recreation, fire protection, pest abatement, etc.
“Source-Separated Household Hazardous Waste” means Qualified Household Hazardous Waste which has been segregated from Acceptable Waste originating or generated within the geographical jurisdiction of the City at the source or location of generation.
“Source-Separated Household Hazardous Waste Disposal System” means the collection centers, facilities, contracts and other arrangements owned or administered by the County for the receipt, handling and disposal of Source-Separated Household Hazardous Waste.
“State” means the State of California.
“Term” shall mean the term of this Agreement.
“Ton” means a “short ton” of two thousand (2,000) pounds. “Transfer Station” means any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility to which solid waste collected for the City is delivered for processing before receipt in the Waste Infrastructure System. “Unacceptable Waste” means Hazardous Material; Hazardous Waste; Hazardous Substances; Prohibited Medical Waste; Qualified Household Hazardous Waste separated from Acceptable Waste; explosives, ordnance, highly flammable substances, and noxious materials and lead-acid batteries (except if delivered in minimal quantities); drums and closed containers; liquid waste, oil, human wastes; machinery and equipment from commercial or industrial sources, such as hardened gears, shafts, motor vehicles or major components thereof, agricultural equipment, trailers, marine vessels and steel cable; hot loads; and any waste which the Waste Infrastructure System is prohibited from receiving under Applicable Law.
“Uncontrollable Circumstance” means any act, event or condition affecting the Waste Infrastructure System, the County, the City, or any of their Franchise Haulers, contractors or suppliers to the extent that it materially and adversely affects the ability of either party to perform any obligation under the Agreement (except for payment obligations), if such act, event or condition is beyond the reasonable control of and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Examples of Uncontrollable Circumstances are:
(1) an act of God, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance, epidemic; and
(2) a Change in Law.
“Unincorporated Area” means those portions of the County which are not contained within the jurisdictional boundaries of incorporated cities.
“Unincorporated Area Acceptable Waste” means Acceptable Waste originating from or generated within the Unincorporated Area.
“Unrestricted Reserves” means cash and other reserves of the Waste Infrastructure System which are not Restricted Reserves.
“Waste Disposal Covenant” means the covenants and agreements of the City set forth in Section 3.1 hereof. “Waste Infrastructure System” or “Disposal System” means County owned or operated waste management

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related facilities, including active Class III sanitary landfills (“County Landfills”), closed landfills managed by the County, resource recovery operations, Organics Infrastructure, recycling and organics programs, infrastructure and operations, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County.
“WISE” means Waste Infrastructure System Enterprise.
“WISE Agreements” means each of the WISE agreements entered into between the County and any City within the County, Special District, Sanitary District, Jurisdiction, or operator of any Franchise Hauler located in the County in accordance with the terms herewith.

SECTION 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires:
(A) References Hereto. The terms “hereby”, “hereof”, “herein”, “hereunder”, “herewith”, and any similar terms refer to this Agreement, and the term “hereafter” means after, and the term “heretofore” means before, the Contract Date.
(B) Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa.
(C) Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, business trusts, corporations and other legal entities, including public bodies, as well as individuals.
(D) Headings. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (E) No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on haulers or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Agreement. (F) Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement. (G) Applicable Law and Venue. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. (H) Severability. If any clause, provision, subsection, Section or Article of this Agreement shall be ruled invalid by any court of jurisdiction, then the parties shall: (1) promptly meet and negotiate a substitute for such clause, provision, subsection, Section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties therein; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement; and (3) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary purpose of the Agreement. (I) Integration; Preservation of Certain Agreements. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated hereby. This Agreement shall completely and fully supersede all prior understandings and agreements between the Parties with respect to such transactions; provided; however, that this Agreement shall not supersede the following Cooperative Agreements as they currently

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exist or as they may be amended in the future:
1) Cooperative Agreement between the City of Brea and the County of Orange regarding the Olinda Alpha Landfill.
2) Cooperative Agreement between the City of Irvine and the County of Orange regarding the Frank R. Bowerman Landfill.
3) Cooperative Agreement between the City of San Juan Capistrano and the County of Orange regarding the Prima Deshecha Landfill.

ARTICLE II

REPRESENTATIONS AND WARRANTIES
SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY. The City represents and warrants that:
(A) Existence. The City is a general law or charter city or a Special District or Sanitary District validly existing under the Constitution and laws of the State. (B) Due Authorization. The City has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the City.

SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY. The County represents and warrants that:
(A) Existence. The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State.
(B) Due Authorization. The County has duly authorized the execution and delivery of this Agreement, and this Agreement has been duly executed and delivered by the County.

ARTICLE III

DELIVERY AND ACCEPTANCE OF WASTE

AND PROVISION OF WASTE

MANAGEMENT AND DISPOSAL SERVICE
SECTION 3.1 DELIVERY OF WASTE.
(A) Waste Management and Disposal Covenant. Subject to the occurrence of the Commencement Date and throughout the Term of this Agreement, and subject to available Waste Infrastructure System capacity, the City shall exercise all legal and contractual power and authority which it may possess from time to time to deliver or cause the delivery of all Controllable Waste to the Waste Infrastructure System in accordance herewith. (B) Recycled City Acceptable Waste. The parties hereto acknowledge the responsibility of the City to meet its own recycling and landfill diversion goals contained in the Act and Organics Legislation. Nothing in this Agreement is intended or shall be interpreted to prohibit or impair the ability of the City to meet such responsibilities, or to restrict the right of the residents, businesses or organizations in the City to practice source separation, recycling, composting or other materials recovery activities, or to restrict the right of the City to conduct, sponsor, encourage or require such activities in any form. No reduction in the amount of Controllable Waste generated in the City and delivered to the Waste Infrastructure System by or on behalf of the City which may result from any such source separation or recycling program shall cause the City any liability hereunder (other than potential adjustment to the Contract Rate to the extent provided in Article IV hereof) and shall not constitute a breach of this Agreement.
(C) Waste Delivered to Transfer Station. All Residue from any processing of Controllable Waste by materials recovery, composting, recycling or other means, wherever performed, shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Where City Acceptable Waste is processed at a facility which concurrently processes other Acceptable Waste in a manner which produces commingled residue which cannot be traced to a geographic source, generic residues from such facility in Tonnage equal to the residues that would have

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been produced had City Acceptable Waste only been processed at the facility shall constitute Controllable Waste and be subject to the Waste Disposal Covenant. Any City Acceptable Waste or material derived or segregated therefrom which is held in storage and asserted by the possessor thereof to constitute Recycled City Acceptable Waste awaiting sale or distribution to the secondary materials markets shall constitute Controllable Waste if, when and to the extent that the storage or diversion thereof can be reasonably deemed to constitute an evasion of the Waste Disposal Covenant rather than generally recognized, accepted and prevailing practice in the Southern California materials recovery and recycling industry conducted in accordance with Applicable Law. In order for the owner and/or operator of a transfer station to be entitled to deliver Acceptable Waste from a Participating City to the Waste Infrastructure System for the Contract Rate as provided in Article IV, such owner and/or operator must execute a direct agreement with the County, acknowledging and agreeing to comply with the obligation of the Participating City to cause the delivery of all Controllable Waste to the Waste Infrastructure System pursuant to this Agreement. In addition, the County shall be authorized to implement procedures to determine if Acceptable Waste delivered by the owners or operators of Transfer Stations is entitled to utilize the Waste Infrastructure System for the Contract Rate. Such procedures may include requiring Transfer Stations to certify, under penalty of perjury, the source of any such Acceptable Waste. If necessary, the County may require that, in order to qualify for use of the Waste Infrastructure System for the Contract Rate, Transfer Stations must deliver Controllable Waste in loads containing only Controllable Waste, and not commingled with Acceptable Waste from entities which are not Participating Cities or Participating Independent Haulers. (D) Power to Obligate Waste Disposal and Comply with this Agreement. On or before the Commencement Date, (i) any City franchise, contract, lease, or other agreement which is lawfully in effect relating to or affecting Controllable Waste shall provide, or shall have been amended to provide, that the City shall have the right without material restriction on and after the Commencement Date to direct the delivery of all Controllable Waste to the County Waste Infrastructure System (whether or not such Controllable Waste is delivered to a transfer station as an intermediate step prior to landfill disposal) and otherwise to comply with its obligations under this Agreement with respect to Controllable Waste and Franchise Haulers, and (ii) the City shall designate the Waste Infrastructure System as the disposal location pursuant to such franchise, contract, lease or other agreement. On and after the Commencement Date and throughout the Term of this Agreement the City (a) shall not enter into any franchise, contract, lease, agreement or obligation, issue any permit, license or approval, or adopt any ordinance, resolution or law which is materially inconsistent with the requirements of the Waste Disposal Covenant, and (b) shall maintain non-exclusive or exclusive franchises or other contractual arrangements over any City Acceptable Waste which, as of the Contract Date, is subject to non-exclusive or exclusive franchise or other contractual arrangements. The City agrees that the County shall be a third party beneficiary of the obligation of Franchise Haulers to deliver Controllable Waste to the Waste Infrastructure System, and may directly enforce such obligation through any legal means available. The City shall notify in writing each Franchise Hauler of the County’s third party beneficiary rights. (E) Controllable Waste Flow Enforcement.
(1) The City, in cooperation with the Department, shall establish, implement, carry out and enforce a waste flow enforcement program which is sufficient to assure the delivery of all Controllable Waste to the Waste Infrastructure System pursuant to and in accordance with the Waste Disposal Covenant for Controllable Waste disposal at the times and in the manner provided herein. The waste flow enforcement program shall consist of amending City franchises, permits or authorizations with all Franchise Haulers, to the extent required by this Section and to the extent allowed by law, and shall include in addition, to the extent necessary and appropriate in the circumstances to assure compliance with the Waste Disposal Covenant, but shall not be limited to:
(i) licensing or permitting Franchise Haulers, upon the condition of compliance with the Waste Disposal Covenant,
(ii) providing for and taking appropriate enforcement action under any such franchise, license, or permit, such as but not limited to the suspension, revocation and termination of collection rights and privileges, the imposition of fines or collection of damages, and the exercise of injunctive relief against non-complying Franchise Haulers and
(iii) causing any Transfer Station to which Controllable Waste is delivered for processing to deliver certification, under the penalty of perjury, of the amounts of Controllable Waste received and Residue remaining from processing at such Transfer Station.
(2) The City acknowledges and agrees that in the event of a breach of the Waste Disposal Covenant by the City, the City shall pay the County an amount equal to the amount that the City would have been required to pay to the County had the Waste Disposal Covenant not been breached, which shall be calculated by: (1) subtracting the

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number of tons actually delivered during the month(s) of the breach from the number of tons that were delivered during the same month(s) closest in time when there was no such breach, even if such month(s) closest in time was prior to the Term, and (2) multiplying such amount by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2). In the event that the County terminates the Agreement as a result of such breach, the damages due as a result of such termination shall be equal to the average monthly deliveries by the City for the twelve (12) months prior to the commencement of the breach multiplied by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2), multiplied by the number of months that would have remained in the Term of the Agreement had the termination not occurred. The parties recognize that if the City fails to meet its obligations hereunder, the County will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore, the parties agree that the damages specified above represent a reasonable estimate of the amount of such damages, considering all of the circumstances existing on the date hereto, including the relationship of the sums to the range of harm to the County that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In signing this Agreement, each party specifically confirms the accuracy of the statements made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made.

(F) Legal Challenges to Franchise System. The City shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant against any challenge thereto, legal or otherwise (including any lawsuits against the City or the County, whether as plaintiff or defendant), by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The City shall bear the cost and expense of any such Legal Proceeding or other challenge. In the event any such Legal Proceeding relating to the Waste Disposal Covenant or the City’s exercise thereof establishes in a final determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise Hauler fails to deliver Controllable Waste to the Waste Infrastructure System in breach of its franchise with the City on the grounds that a judicial determination made by any court or other Applicable Law has rendered its obligation to deliver Controllable Waste to the Disposal System void, unlawful or unenforceable on any legal grounds, with the result that actual waste deliveries to the Disposal System fall below the Cumulative Tonnage Targets, the County shall be entitled to avail itself of the remedies described in Section 4.2(B) hereof.
(G) Franchise Haulers. The City shall compile and provide the Department with the following information concerning all Franchise Haulers: name, address and phone number; identification number; area of collection and transportation; and franchise and permit terms. (H) Waste Information System. The City shall cooperate with the Department in collecting information and otherwise monitoring Franchise Haulers in order to assure compliance with this Agreement, the Act, Organics Legislation, or other Applicable Law. Such information may include information such as, data pertaining to Controllable Waste collected, transported, stored, processed and disposed of, Recycled City Acceptable Waste collected, transported, stored, processed and marketed or disposed of, Controllable Organic Waste collected, stored, processed and marketed or disposed of, Franchise Haulers’ franchise, permit or license terms, collection areas, transportation routes and compliance with Applicable Law; and all other information which may reasonably be required by the Department in connection with this Agreement. The City agrees to include in any revised franchise, contract, license or permit or other authorization granted to Franchise Haulers an obligation of the Franchise Hauler to provide to the County information relating to the Controllable Waste collected by such Franchise Hauler, including origins from which such Controllable Waste was collected (identifying Controllable Organic Waste, Recycled City Acceptable Waste, or as otherwise may be required under this Agreement or under Applicable Law), tonnage by type of load (residential, commercial, roll-off box), customer service levels, tonnage delivered by transfer station or material recovery facility utilized, and other related information. (I) City Actions Affecting County. The City agrees to carry out and fulfill its responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the County with its covenants and agreements with the State. In particular, the City agrees not to conduct, authorize or permit any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided by the County hereunder, and not to take or omit to take any action with respect to Controllable Waste, its collection, transportation, transfer, storage, treatment, processing, or disposal that may materially and adversely affect the County’s ability to achieve such timely compliance. Notwithstanding the foregoing, the City shall not be required to deny any permit or license or refuse to grant any approval while exercising its police powers.

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(J) No Right of Waste Substitution. Nothing in this Agreement shall authorize or entitle the City to deliver or cause the delivery to the Waste Infrastructure System of Acceptable Waste or Acceptable Organic Waste originating from or generated outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Acceptable Waste or Acceptable Organic Waste. The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Waste or Controllable Organic Waste to the County hereunder, and shall not permit any Acceptable Waste or Acceptable Organic Waste originating from or generated outside the jurisdiction of the City to be substituted for Controllable Waste or Controllable Organic Waste for any purpose hereunder. (K) Annexations and Restructuring. It is the intention of the parties that this Agreement and the obligations and rights of the City hereunder, including particularly the Waste Disposal Covenant and the Contract Rate, shall, to the extent permitted by Applicable Law, extend to any territory annexed by the City (or any territory with respect to which the City assumes solid waste management responsibility from a Sanitary District or other public entity) and shall bind any successor or restructured Governmental Body which shall assume or succeed to the rights of the City under Applicable Law.

SECTION 3.2 PROVISION OF WASTE INFRASTRUCTURE SERVICES BY THE COUNTY. (A) Service Covenant. Commencing on the Commencement Date, and subject to available Waste Infrastructure System capacity, the County shall provide or cause the provision of the service of receiving and disposing of all Controllable Waste at the Waste Infrastructure System, and, in accordance with subsection 3.3(C) hereof, disposing of Unacceptable Waste inadvertently accepted at the Disposal System. The County, to the maximum extent permitted under Applicable Law, shall use its best efforts to increase source reduction, materials recovery, recycling, organic processing or other waste diversion in the region as may be required by law or which result in the long-term preservation of landfill disposal capacity and to keep the Waste Infrastructure System open for the receipt of Acceptable Waste for disposal or transfer of Controllable Waste pursuant to this Agreement. The County shall do and perform all acts and things which may be reasonably necessary or desirable in connection with its covenants in this subsection, including without limitation all planning, development, administration, implementation, construction, operation, maintenance, management, financing and contract work related thereto or undertaken in connection therewith. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Service Covenant consistent with its responsibilities hereunder and under this Agreement, Applicable Law and prudent solid waste management practice and environmental considerations. (B) Source-Separated Household Hazardous Waste. The County shall maintain, as part of the Waste Infrastructure System, a Source-Separated Household Hazardous Waste Disposal System for the disposal of Source-Separated Household Hazardous Waste. The disposal service provided by such system shall constitute part of the Disposal Services, and shall be available to Participating Cities as part of the Contract Rate. The County may impose additional fees and charges for new services relating to Source-Separated Household Hazardous Waste or with respect to cities which are not parties to an Agreement. The County may provide for the expansion, contraction or modification of the Source-Separated Household Hazardous Waste Disposal System and its services to the extent necessary to ensure the Waste Infrastructure System’s viability. (C) Designated Facilities. County and City will coordinate in determining the primary landfill used for disposal and processing of Controllable Waste. The Department shall immediately advise the City by telephone of any situation, event or circumstance which results in the partial or complete inability of the County to receive Controllable Waste at any particular landfill within the Waste Infrastructure System, its effect on the County’s ability to perform its obligations hereunder, and the County’s best estimate of the probable duration. The Department shall confirm such advice in writing within twenty four (24) hours of the occurrence of any such inability. The County shall use its best efforts to resume normal operation of the landfill used by the City as soon as possible. In the event a situation, event or circumstance results in the partial or complete inability of the County to receive Controllable Waste at any particular landfill within the Waste Infrastructure System the County shall have the right to redirect Controllable Waste to another landfill within the Waste Infrastructure System for the duration of the situation, event or circumstance; provided, however, that in such circumstances the County shall utilize reasonable efforts to first redirect waste which is not Controllable Waste. In no event shall the County be required to accept Controllable Waste if it does not have sufficient permitted disposal capacity within the Waste Infrastructure System. (D) Compliance with Service Covenant Not Excused for any Reason. Commencing on the

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Commencement Date, and subject to the terms of this Agreement, the obligations of the County to duly observe and comply with the Service Covenant, in accordance with Applicable Law, shall apply continuously and without interruption for the Term of this Agreement. In the event that any Change in Law, situation, event or other Uncontrollable Circumstance impairs or precludes compliance with the Service Covenant by the means or methods then being employed by the County, the County shall use best efforts to implement alternative or substitute means and methods to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in Law precludes the County from complying with such covenants with the means or methods then being employed and from utilizing any alternate or substitute means or methods of compliance, the County shall continuously use all reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable the County lawfully to resume compliance with such covenants as soon as possible following the Change in Law.

County failure to duly observe and comply with the Service Covenant due to its efforts to comply with Applicable Law, shall not constitute a breach under this Agreement, and shall excuse County performance to the extent necessary to comply with Applicable Law.

If the alternative or substitute means and methods proposed for the County to observe and comply with the Service Covenant are more costly than the previously used means and methods, County shall be entitled to a corresponding Contract Rate increase to cover any associated additional costs pursuant to the provisions of Section 4.2 of this Agreement.

SECTION 3.3 COUNTY RIGHT TO REFUSE WASTE.
(A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse delivery of:
(1) Hazardous Waste;
(2) Controllable Waste delivered at hours other than those provided in Section 3.5 hereof; (3) Waste that does not constitute Acceptable Waste;
(4) Acceptable Waste delivered by City but originating from or generated outside the jurisdiction of the City;
(5) Controllable Waste consisting primarily of construction and demolition debris or inert material which may cause a particular facility’s daily tonnage limit to be exceeded; (6) Acceptable Waste in excess of permitted limits; and (7) Acceptable Waste that would result in County violating Applicable Law. (B) Identification of Unacceptable Waste. The Department shall have the right (but not the duty or the obligation) to inspect the vehicles of all Franchise Haulers delivering material to the Waste Infrastructure System, and may require that the Franchise Hauler remove any Unacceptable Waste from such vehicle before it is unloaded. If the Department determines that it is impractical to separate Controllable Waste from Unacceptable Waste in any vehicle, or if the Franchise Hauler delivering such waste is unwilling to make such separation, or if any vehicle is carrying waste which may spill or leak, then the Department may reject the entire vehicle, and the City shall forthwith remove or cause the removal of the entire delivery from the Waste Infrastructure System. The Department may take all reasonable measures to prevent waste from being blown or scattered before and during unloading. The City shall cause the Franchise Haulers to observe and comply with Applicable Law, the operating rules and regulations of the Department, and the provisions of this Agreement prohibiting the delivery of Unacceptable Waste to the Waste Infrastructure System.
(C) Hazardous Waste and Hazardous Substances. The parties acknowledge that the Waste Infrastructure System has not been designed or permitted to accept Hazardous Waste or Hazardous Substances, and is

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not intended to be used in any manner or to any extent, for the handling, transportation, storage or disposal of Hazardous Waste, Hazardous Material or Hazardous Substances. Neither the County nor the City shall countenance or knowingly permit the delivery of Hazardous Waste or Hazardous Substances to the Waste Infrastructure System.

City shall be responsible for the costs of removal, and any regulatory fines, associated with the knowing delivery of any Hazardous Substances to the Waste Infrastructure System by the City or its Franchise Hauler. (D) Disposal of Unacceptable Waste and Hazardous Waste. If Unacceptable Waste or Hazardous Waste is discovered in a vehicle at any facility within the Waste Infrastructure System, the driver of the vehicle will not be permitted to discharge the load. If a vehicle is observed unloading Unacceptable Waste or Hazardous Waste in the tipping area of a facility within the Waste Infrastructure System Department personnel will use reasonable efforts to assure that such material has been characterized, properly secured and its disposition resolved. The return or reloading onto the delivery vehicle of any Hazardous Waste, Prohibited Medical Waste or other waste requiring handling or transportation shall be conducted in accordance with Applicable Law. Whenever Hazardous Waste is detected at any facility within the Waste Infrastructure System, the Department shall take immediate action in accordance with Applicable Law.

SECTION 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE.

Commencing on the Commencement Date, the County in accordance with Applicable Law shall provide or cause to be provided the service of disposing of non-recycled Acceptable Waste originating or generated within the Unincorporated Area and, with respect to such material, shall comply with the Waste Disposal Covenant as if the County constituted a City subject to the Waste Disposal Covenant hereunder. Rates charged by the County for the disposal of each class of non-recycled Acceptable Waste generated in the Unincorporated Area shall be the same as the Contract Fee charged for the disposal of each class of Controllable Waste. The County shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant (with respect to non-recycled Acceptable Waste generated in the Unincorporated Area) against any challenge thereto, legal or otherwise, by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The County shall bear the cost and expense of any such Legal Proceeding or other challenge (with respect to non-recycled Acceptable Waste generated in the Unincorporated Area).

SECTION 3.5 MISCELLANEOUS OPERATIONAL MATTERS.
(A) Operating Hours. The County shall keep the Waste Infrastructure System open for the receiving of Acceptable Waste during such regular operating hours as may be established by the Department in the operating rules and regulations applicable to the Waste Infrastructure System. The County reserves the right to modify the operating days and hours to comply with Applicable law or as otherwise may be deemed necessary by the County. (B) Scales and Weighing. The Department shall operate and maintain permanent scales at the Waste Infrastructure System as required by Applicable Law. The Department shall weigh all vehicles delivering waste by or on behalf of the City (whether or not the County accepts such waste) and prepare a daily weight record with regard to such delivery.
(C) Service Coordinator. The County and the City each shall designate in writing thirty (30) days prior to the expected Commencement Date a person to transmit instructions, receive information and otherwise coordinate service matters arising pursuant to this Agreement (each a “Service Coordinator”). Either Party may designate a successor or substitute Service Coordinator at any time by notice to the other Party. (D) Review of Records. Each Party may review the other Party’s books and records with respect to matters relevant to the performance by either Party under this Agreement or otherwise related to the operation of the Waste Infrastructure System to the extent allowed under the California Public Records Act (interpreted as if the Parties to this Agreement were natural persons for purposes of the Public Records Act).

SECTION 3.6 OTHER USERS OF THE DISPOSAL SYSTEM.
(A) On or Before April 30, 2026, the County shall have the right to enter into WISE Agreements with Orange County entities with respect to Acceptable Waste which was originally discarded by the first generator thereof within the geographical limits of the County, including other cities in the County, Special Districts, Sanitary Districts, Franchise Haulers and Independent Haulers. Agreements entered into during this period shall have terms

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and provisions substantially identical to the terms and provisions of this Agreement; provided, however, that in no event shall such agreements have terms and provisions more favorable than the terms and provisions of this Agreement (including but not limited to the Contract Rate and availability of disposal capacity). (B) After April 30, 2026, the County shall have the right to enter into WISE Agreements with Orange County entities, including any city, Special Districts, Sanitary Districts, Franchise Haulers and Independent Haulers, or otherwise accept Acceptable Waste from such parties, but only within the limitations contained in this Section. Any such agreement or waste acceptance agreement must provide that the party delivering waste shall pay a Disposal Rate at least 10% higher than the Contract Rate unless the County determines it is in the best interest of the Waste Infrastructure System to establish a Disposal Rate less than 10% higher than the Contract Rate. In no event shall the Disposal Rate be less than the Contract Rate. In addition, the County shall reserve the right in any such agreement to at any time, to the extent permitted by Applicable Law, refuse to receive and dispose of Acceptable Waste from any city, Special District, Sanitary District, Franchise Hauler and Independent Hauler if and to the extent that such receipt and disposal might materially and adversely affect the ability of the County to comply with its obligations to the Participating Cities under the WISE Agreements to which each is a party. (C) Posted Disposal Rate. The Posted Disposal Rate shall at all times be at least 10% higher than the Contract Rate.
(D) Self-Haulers. The City and the County acknowledge that Self-Haulers shall be entitled to deliver Self-Hauled Waste to the Waste Infrastructure System, on a non-contract basis, at the Posted Disposal Rate.

Such Self-Haulers shall not be entitled to dispose of Acceptable Waste for the Contract Rate. (E) Receipt of Imported Acceptable Waste on a Contract Basis. The County shall have the right to enter into Importation Agreement(s) with any public or private entity for the delivery of Imported Acceptable Waste on terms and conditions that the County determines to be necessary to ensure and enhance the viability of the Waste Infrastructure System and to generate Net Import Revenues. In no event shall such Importation Agreements, entered into after the Commencement Date, include a per ton tipping fee or Disposal Rate for Imported Acceptable Waste that is less than the Contract Rate. The County certifies that in its good faith judgment the contract or other agreement for the delivery of such waste will not materially and adversely affect the ability of the County to receive and dispose of Acceptable Waste from the Participating Cities in accordance with the applicable WISE Agreements throughout the Term thereof; and, should the delivery of waste subject to Importation Agreements adversely affect the County’s ability to receive and dispose of Controllable Waste from Participating Cities the County will prioritize receipt and disposal of Controllable Waste delivered pursuant to applicable WISE Agreements. (F) Application and Use of Revenues From Other Users.
(1) County Acceptable Waste: Throughout the Term hereof, all revenues received by the County from the disposal or processing of County Acceptable Waste into the Waste Infrastructure System (including Surcharges, and any and all fine, penalty, liquidated damages or other damages, grants, awards or revenue received by the County in connection with the Waste Infrastructure System), shall be deposited by the County in the County OC Waste & Recycling Enterprise Fund and shall constitute revenues of the Waste Infrastructure System.
(2) Imported Acceptable Waste: Throughout the Term hereof, all revenues received by the County, pursuant to an Importation Agreement, for the disposal or processing of Imported Acceptable Waste into the Waste Infrastructure System (including Surcharges, and any and all fine, penalty, liquidated damages or other damages or revenue received by the County in connection with the Waste Infrastructure System), shall first be applied toward all of the costs attributable to the acceptance and management of such Imported Acceptable Waste into the Waste Infrastructure System. Costs attributable to the disposal of Imported Acceptable Waste include, but are not limited to, deposits to the Environmental Fund, deposits to closure and post-closure reserves, Host Fees (if applicable), incremental operating costs (such as manpower expenditures, equipment, services and supplies expenditures), State surcharges, regulatory fees, charges or penalties, and a pro rata share of capital project costs. Revenue remaining after costs attributable to the disposal and management of Imported Acceptable Waste shall be considered “Net Import Revenues” and shall be calculated and distributed as follows:
(i) Calculation: Net Import Revenues are estimated to be 30% of the revenues received

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by the County from the disposal of Imported Acceptable Waste (excluding any newly established per-ton fees or increases to existing per-ton fees with respect to Imported Acceptable Waste payable to the State, other regulatory agencies or cities in which facilities in the Waste Infrastructure System are located.) (ii) Distribution: Net Import Revenues shall be distributed as follows; a. 50% of any Net Import Revenues shall be paid to the County General Fund. b. 50% of such Net Import Revenues shall be paid to the Participating Cities (and to the County, with respect to the unincorporated area) listed in Appendix 1 for use for any purpose by the Participating City, including but not limited to State mandated solid waste programs. Payments of such amount to the County General Fund and the Participating Cities shall be made by the County within ninety (90) days after the end of each fiscal year. The portion of Net Import Revenues specified above payable to the Participating Citiesshall be apportioned in the percentages set forth in Appendix 1.
c. The percentages set forth in Appendix 1 with respect to each Participating City shall be annually reviewed and adjusted every five (5) years by the County to reflect the percentage of deliveries of Acceptable Waste from each Participating City averaged over the last five (5) years. The County shall notify Participating Cities of the revised percentages in Appendix 1 within one hundred and twenty (120) days of the end of each fiscal year.

SECTION 3.7 COUNTY PROVISION OF WASTE DIVERSION SERVICES. (A) County-Wide Recycling and Diversion Services. Unless otherwise specifically provided in this Agreement, County is not required to provide for any source reduction, materials recovery, recycling, organic processing or other waste diversion services under this Agreement. However, County may choose to provide CountyWide Recycling Services funded through the County OC Waste & Recycling Enterprise Fund at its sole discretion on the condition that provision of said services shall be funded in a manner that does not impact the Contract Rate without first going through the process outlined in Section 4.2 and expressly agreed to by 50% of Participating Cities. (B) Organic Processing and Diversion Services. The County has developed Organics Infrastructure and programs available to interested Cities intended to assist Cities in meeting their diversion and Organic Legislative Recycled Organic Waste Procurement goals and to promote the processing and diversion of Organic Waste into compost or other material that qualifies as diversion under Applicable Law. Cities interested in receiving County provided Organic Processing Services may enter into the separate Organic Services Agreement (“OSA”) provided in Appendix 5 of this Agreement.
(C) Food Waste Processing and Diversion. County is in the process of evaluating the options and feasibility of development of a Commercial Food Waste Processing Infrastructure. If developed, Cities will be provided an opportunity to participate in this service on terms which shall be separately agreed upon by the Parties. (D) Edible Food Recovery Programs. County is in the process of evaluating the options and feasibility of development of regional County-wide edible food recovery programs to assist Cities in meeting State mandated goals. The intent of Edible Food Recovery to address the food hierarchy and wasted food scale on a regional level through collaboration of all jurisdictions, key local, State and federal stakeholders, the non-profit sector and business sector. City agrees to reasonably cooperate with County efforts and collaborate on data analysis and reporting to provide jurisdictions reports for compliance under SB 1383. If developed, Cities will be provided an opportunity to participate in this service on terms which shall be separately agreed upon by the Parties. (E) Recycling Market Development Zone (“RMDZ”) Program. The RMDZ program, administered by the California Department of Resource Recycling and Recovery (CalRecycle), combines recycling with economic development to support business that use materials from the waste stream to manufacture their products.

The program offers loans, technical assistance and product marketing to eligible businesses located within designates zones. City agrees to reasonably cooperate and collaborate with County in support of the RMDZ program.

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(F) Separate City-County Diversion Service Agreements. Nothing in this Agreement is intended to limit the right of the County to enter into a separate agreement with the City or any other person to provide source reduction, materials recovery, recycling, composting or other waste diversion services. Any such program conducted by the County, whether in participation with the City, any other of the Participating Cities, other Cities, Special Districts, Sanitary Districts, Franchise Haulers, Independent Haulers, Unincorporated Area or non-County entity, shall be operated, managed and accounted for as a program separate and distinct from the Disposal Services program contemplated by the WISE Agreements and shall not be funded through the general revenues of the Disposal System.

ARTICLE IV

CONTRACT RATE
SECTION 4.1 CHARGING AND SECURING PAYMENT OF CONTRACT RATE. The City acknowledges that the County shall have the right to charge and collect a Contract Rate for the acceptance, disposal, and processing of Controllable Waste delivered to the Waste Infrastructure System by City or its Franchise Hauler. The Contract Rate shall be calculated and established, and may be modified, as provided in Section 4.2 hereof. In addition, the City acknowledges that the County shall have the right to establish as part of the operating rules and regulations reasonable measures to secure the payment of all Contract Rates.

SECTION 4.2 CONTRACT RATE.
(A) Establishment of Contract Rate. The Contract Rate payable by each City or Franchise Hauler shall be a three (3) year progressive Contract Rate of $67/ton (July 1 2026 through June 30, 2027), $74/ton (July 1, 2027 through June 30, 2028), and $81/ton (July 1, 2028 through June 30, 2029) and contingent on the delivery to the Waste Infrastructure System of an amount of City Acceptable Waste at least equal to the Cumulative Tonnage Targets identified in Appendix 2, and subject to adjustment necessary to reflect the circumstances set forth in this Section 4.2 including but not limited to:
(i) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, other than Changes in Law; (ii) costs incurred by the County (in excess of available insurance proceeds and amounts available in the Environmental Fund for such purposes) remediating environmental conditions at the Disposal System or inactive or closed disposal sites in the County, which, if uncorrected, could give rise to potential claims under CERCLA or related federal or State statutes, including costs incurred providing indemnification to any Participating City pursuant to subsection 7.3;
(iii) tonnage shortfalls to the extent permitted by Sections 4.2(B); (iv) County determination that the Department revenue is insufficient to meet Full Cost Recovery requirements.
(v) increased costs incurred by the County due to the occurrence of one or more Changes in Law;
(vi) Capital Costs in excess of the Capital Costs at any point in time during the term hereof exceeding the Cumulative Capital Costs set forth in Appendix 3; (vii) Provision of new or expanded services, provided on terms as agreed to by the Parties.

Prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (i), (ii), (iii) (iv) or (vi) above, the County shall utilize the following remedies in the following order of priority:
(1) reduce the costs of operating the Disposal System to the extent practicable; and

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(2) at the sole discretion of the County, utilize Unrestricted Reserves to pay costs of the Waste Infrastructure System.

The County will not be required to utilize such remedies prior to adjusting the Contract Rate as a result of any of the circumstances described in clauses (v) or (vii) above.

Any adjustments to the Contract Rate permitted by this Section shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized. The County agrees that, where appropriate, it will evaluate the feasibility of long-term financing for significant capital costs. Notwithstanding the forgoing, no adjustment to the Contract Rate shall occur as a result of costs associated with the programs identified in Section 3.7, without first going through the process outlined in Section 4.2 and expressly agreed to by 50% of Participating Cities.
(B) County Acceptable Waste Shortfall. In the event that the actual amount of County Acceptable Waste delivered to the Disposal System at the end of any Contract Year is less than the Cumulative Tonnage Target for such Contract Year for County Acceptable Waste, as specified in Appendix 2, the County shall utilize the following options, in the following order of priority, in order to remedy any adverse effects of such tonnage shortfall:
(i) reduce the costs of operating the Waste Infrastructure System to the extent practicable;
(ii) at the sole discretion of County, utilize Restricted Reserves described in clause (iii) of Section 4.5 to pay costs of the Waste Infrastructure System; (iii) at the sole discretion of County, utilize Unrestricted Reserves to pay costs of the Waste Infrastructure System; and
(iv) adjust the Contract Rate.

In the event that implementation of the steps described above does not result in sufficient revenues to satisfactorily address the shortfall in tonnage, the County shall have the right to terminate the Agreement on one-hundred eighty (180) days written notice to the City. In addition, in the event that Waste Infrastructure expenses are lower than estimated or actual deliveries to the Disposal System exceed the Cumulative Tonnage Target as of the end of any Contract Year, the City acknowledges the County shall have the right to establish reserves intended to reflect the potential for lower than expected annual waste deliveries in subsequent years, and that any such reserves shall constitute “Restricted Reserves”. (C) [RESERVED]
(D) Interim Use of Remedies. In the event that, during any Contract Year, waste deliveries to the Disposal System are 25% or more below delivery projections for such Contract Year with the result that the County determines it is unlikely that the Cumulative Tonnage Target will be achieved as of the end of such Contract Year, the County may utilize the remedies described in Section 4.2(B) prior to the end of such Contract Year; provided, however, that if at the end of such Contract Year, the Cumulative Tonnage Target is actually met, the County shall reimburse any adjustments to the Contract Rate made pursuant to this Section to Participating Cities. Such reimbursement shall occur in a manner as agreed between the parties, and may be given as a credit or adjustment to the Contract Rate for future deliveries, rather than a lump sum payment.
(E) Special Charges. Notwithstanding Section 4.2(A), the County shall have the right to establish special charges for the provision of new or expanded services or the receipt of hard to handle materials, such as bulky materials, construction and demolition debris, tree stumps and sludge. Should the County wish to provide new or expanded services to Cities, it may charge for such services upon agreement of City. Special charges shall be calculated to reflect the reasonable incremental costs to the County of providing the new or expanded services or accepting such hard to handle materials.

Adjustments pursuant to this Section 4.2(E) shall not require compliance with the provisions of Section 4.2(I) (F) Annual CPI Escalation. Subject to the application of the Contract Rate True-up (provided

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[
below), the Contract Rate shall be adjusted each July 1, beginning 2029, in an amount equal to the percentage change in the CPI (as defined above) as measured from the October twenty one (21) months prior to the rate adjustment to the October immediately preceding the rate adjustment (the “Annual CPI Adjustment”). For example: The July 1, 2029 Annual CPI Adjustment to the Contract Rate shall be based upon the change in CPI from October 2027, to October 2028, referred to as year 1 and year 2 respectively in the following example.

Formula to calculate percentage change in the Contract Rate based on Annual CPI Adjustment :

Step 1:

October Year 2 CPI - 1 = % increase in Contract Rate
October Year 1 CPI
Step 2: Current Contract Rate x (1+ % increase in Contract Rate) = Contract Rate as of July 1 Year 2 On each April 1, commencing April 1, 2029, the County shall provide the City with notice of the Annual CPI Adjustment to the Contract Rate to be effective the following July 1. Such notice shall contain the calculation of the adjustment set forth above. The County shall calculate the new Contract Rate each year.

In the event that the change in CPI as described above is negative rather than positive, no rate adjustment will be made for that year. No adjustment under this Section 4.2(F) will take place until the October CPI index surpasses the index level as of the October immediately preceding the last annual rate adjustment pursuant to this Section 4.1(F), which will be considered “year 1” in calculating the change in the Contract Rate.

For example, if the change in CPI is measured as follows: October 2027 = 205, October 2028 = 204, October 2029 = 201, October 2030 = 208, then there would be no adjustment in July 2029, or July 2030, and an adjustment equal to the change from 205 to 208 would be implemented on July 1, 2031.

Contract Rate True-up: On an annual basis, no later than each April 30, beginning April 30, 2030, the County shall conduct an annual review of factors pertaining to the most recently completed fiscal year(s) including but not limited to, tonnage received throughout the Waste Infrastructure System, Cumulative Tonnage Targets identified in Appendix 2, revenue received from all sources, Department expenditures, and other factors that make up Department’s total costs.

County shall notify City prior to April 30, 2030 (and every April 30 thereafter) and advise whether the Annual CPI Adjustment to the Contract Rate should be frozen for a period of time (in circumstances where Department revenues exceed Department Full Cost Recovery needs) or to determine whether the Contract Rate should be increased beyond the Annual CPI Adjustment as defined above (in circumstances where Department costs exceed CPI) to ensure that Department revenues meet Full Cost Recovery.

Within thirty (30) days of finalizing each annual review, the County shall transmit its findings and the bases thereof to Participating Cities at the next regularly scheduled OCCMA meeting or other forum mutually agreed to by the County and OCCMA. If requested by the City or OCCMA, the County shall reasonably respond to requests from the City and/or OCCMA for additional information including, but not limited to, requests to meet and discuss reviews, findings, and bases of findings. At the request of 50% of Participating Cities, County agrees to meet and confer in good faith with OCCMA, within sixty (60) daysto discussretention of a consultant acceptable to both the County and OCCMA to conduct an independent review of the County’s annual review findings.

Nothing in this section shall be interpreted as limiting the County’s rights under Section 4.2(A). (G) Adjustment Resulting from Increased Fees. In addition to the other adjustments specified herein, the Contract Rate shall be adjusted to reflect the imposition of new fees or increase in existing fees relating to the disposal of Controllable Waste imposed by State, federal or other agencies (e.g., the State’s Integrated Waste Management fee, which is currently $1.40 per ton, but is expected in increase during the term of this Agreement). The adjustment shall be equal to the amount of any new or increased fee, and the adjustment shall take effect so as to coincide with the imposition of the new or increased fee. The County shall provide notice of any increase pursuant to this Section 4.2(G) as soon as practicable after becoming aware of the imposition of any fees described above.

Adjustments pursuant to this Section 4.2(G) shall not require compliance with the provisions of Section 4.2(I). (H) [RESERVED]

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(I) Procedure for Rate Adjustments. In the event the County determines that it is entitled to an adjustment of the Contract Rate pursuant to Section 4.2(A) (other than 4.2(A)(iv)) or Section 4.2(B), it shall utilize the procedures described in this Section 4.2(I). The County shall be required to provide the City with at least ninety (90) days prior written notice of the adjustment, which notice shall identify the specific event(s) or circumstances which require the adjustment. The notice shall also specify the earliest date on which the County Board of Supervisors shall consider the proposed adjustment. At least forty five (45) days prior to such meeting of the Board of Supervisors, the County shall provide the City with a report which shall contain the following information: a description of the specific event(s) or circumstances which require the adjustment; a description (including cost estimates) of any activities (which may include, but not be limited to capital improvements to the Waste Infrastructure System) required in order to remedy such event or circumstance; certification by the County that it has implemented the remedies described in Section 4.2(A) or (B) prior to requiring the rate adjustment; and a description of the methodology used by the County to calculate the adjustment to the Contract Rate (hereinafter the “County Report”). In the event the City disputes the adjustment, it shall provide the County with a written description of the reason for the dispute at least ten (10) days prior to the meeting of the Board of Supervisors identified in the initial notice of the County (hereinafter the “City Report”). The City Report shall be provided to the Board of Supervisors for consideration at such meeting in connection with the proposed rate adjustment. At any time from and after the date that the County provides the City with the County Report, upon the request of either party, the City and County shall meet and confer in good faith to resolve any dispute that may arise regarding the proposed adjustment to the Contract Rate. In any such meeting, the County shall be represented by the Director of the Department or his or her designee. In the event the Board of Supervisors approves all or a portion of the proposed rate adjustment, such rate adjustment shall become effective on the date identified in the initial notice sent by the County regardless of whether or not the procedures in Section 4.2(J) are utilized, but subject to potential reimbursement pursuant to clause (11) of Section 4.2(J). (J) Procedure for Expedited Judicial Review of Contested Rate Adjustment. In the event that, within thirty (30) days after the effective date of any Contract Rate adjustment made pursuant to Section 4.2(I), Participating Cities which, in the aggregate, accounted for more than 50% of the County Acceptable Waste delivered to the County System in the twelve (12) months preceding the Contract Rate adjustment, provide notice to the County of their election to utilize the procedures described in this Section 4.2(J), then the provisions of this Section 4.2(J) shall be utilized by such Participating Cities and the County to resolve the dispute over the Contract Rate Adjustment. In the event that Participating Cities which have delivered the amount of waste contemplated in the preceding sentence do not provide notice to the County of such election, the County shall have no obligation to participate in or cooperate in the implementation of the procedures described below in this Section 4.2(J). (1) In order to pursue the expedited judicial determination described in this Section (the “Expedited Rate Determination”), the Participating Cities which have made the election described in the paragraph above (the “Challenging Cities”) must commence a civil action for breach of contract (the “Action”) in the Orange County Superior Court within forty five (45) days of the date on which the Board of Supervisors approves the challenged adjustment to the Contract Rate.
(2) Within two (2) Court days of filing the Action, the Challenging Cities shall personally serve on the County Counsel, with copy provided to the Clerk of the Board both the summons and complaint, and a stipulation and request for the entering of an order incorporating all of the procedural provisions relating to the Expedited Rate Determination as set forth in this Section 4.2(J) (such stipulation and request for order is hereinafter referred to as the “Expedited Rate Determination Stipulation”). The Expedited Rate Determination Stipulation shall be signed by each of the Challenging Cities, or on behalf of them by their legal counsel. (3) Within fifteen (15) days of the date of service upon the County of the summons and complaint, and Expedited Rate Determination Stipulation, County Counsel shall execute the Expedited Rate Determination Stipulation and deliver it as well as the County’s answer to the complaint in the Action, by electronic means, to the Challenging Cities through their counsel of record. The Stipulation shall also include a waiver by each of the parties of their right to a jury trial of the issues raised in the Action. The Parties agree that the duty to execute the Expedited Rate Determination Stipulation and comply with the procedures set forth for Expedited Rate Determination in this Section 4.2(J) shall be, and are hereby deemed to be, ministerial duties which the law specifically enjoins upon each of them, and shall be subject to enforcement by the parties herein pursuant to Code of Civil Procedure Section 1085, et seq., or by means of a complaint for specific performance. (4) Within three (3) days of the date of service by the County upon the Challenging Cities of the fully signed Expedited Rate Determination Stipulation, the County and the Challenging Cities shall jointly

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make ex parte application to the Orange County Superior Court in the Action for the issuance of an order reflecting the procedural requirements and timelines contained in the Expedited Rate Determination Stipulation, provided however, the timelines may be adjusted by the Court as it deems may be needed for its convenience. As part of such ex parte application, the County and the Challenging Cities shall expressly seek to confirm with the Orange County Superior Court the briefing schedule, and request a hearing date (effectively a trial date) in accordance with the procedures set forth in this Section 4.2(J).
(5) Within ten (10) days of the date of service by the County upon the Challenging Cities of the answer in the Expedited Rate Determination, the Challenging Cities shall file with the Court and electronically serve upon County Counsel the Challenging Cities’ opening brief and the Record in the Expedited Rate Determination. The opening brief shall not exceed 15 pages in length. The Record shall consist of, and be limited to, the record of the proceedings before the Board of Supervisors with respect to the adjustment of the Contract Rate, including but not limited to the County Report and the City Report prepared by each or any of the Challenging Cities pursuant to Section 4.2(I), any materials filed or lodged with the Board of Supervisors and the Orange County Waste Management Commission in connection with its decision, the transcript of the proceedings of the Board of Supervisors meeting(s), and the Orange County Waste Management Commission, the minutes of the Board of Supervisors and the Orange County Waste Management Commission meeting, and the resolution and/or other documentation evidencing the action by the Board of Supervisors and the Orange County Waste Commission to adjust the Contract Rate pursuant to Section 4.2(A) or (B). The record shall also include the most recent reports prepared pursuant to Sections 4.6 and

4.7. The Expedited Rate Determination shall be decided solely on the evidence in the Record, and no extrinsic evidence shall be submitted to or considered by the Court.
(6) Within ten (10) days of service by the Challenging Cities of their opening brief and the Record, the County shall file and electronically serve upon the Challenging Cities’ Counsel the County’s opposition brief. The opposition brief shall not exceed 15 pages in length. (7) Within five (5) days of service by the County upon the Challenging Cities of the opposition brief, the Challenging Cities may file and electronically serve upon County Counsel a reply rebuttal brief, which shall not exceed 10 pages in length.
(8) The trial of the Expedited Rate Determination shall be conducted as a law and motion hearing, similar to a hearing on a writ, which shall be conducted at the date set by the Court in connection with the ex parte application conducted pursuant to Section 4.2(J)(4), or such other date and time ordered by the Court. If the Court requests the parties to prepare supplemental briefs in response to any question or issue raised by the Court, the parties may do so.
(9) The standard of review for the Expedited Rate Determination shall be the preponderance of the evidence based upon the Record. The burden of proof shall be borne by the Challenging Cities, and the burden of proof shall be the same as with respect to a plaintiff in a damages action for breach of contract. Both parties have participated in the drafting of this Agreement. Accordingly, nothing set forth in this Agreement shall be interpreted or construed for or against either of the parties as a consequence of their participation in the drafting of this Agreement.
(10) The Court shall be advised that the Parties request that it issue a written statement of decision and enter judgment within thirty (30) days of the date of the hearing in the Expedited Rate Determination, although the Parties recognize that the Court has discretion to act as it deems appropriate in accord with applicable laws in connection with the timing thereof.
(11) If the Court determines that any portion of the County’s adjusted Contract Rate which is the subject of the Expedited Rate Determination was improperly imposed, the County shall, within thirty (30) days of the date of the statement of decision, reimburse to the City the amount improperly imposed, together with interest calculated at the Overdue Rate. If agreed by the Parties, as an alternative such reimbursement may be made in the form of a reduction in the Contract Rate for a future period (not to exceed twelve (12) months), applied in a manner such that it provides full reimbursement of the amounts described above (including the Overdue Rate, to be applied consistent with provisions of Section 7.14 hereof.)
(12) In the event that the Court does not sign the order contained in the Expedited Rate Determination Stipulation and set the matter for disposition as contemplated herein, the County and the Challenging

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Cities shall, within twenty (20) days following the issuance of the Court’s order or decision not to do so and thereby honor the parties’ stipulation, make application to the Orange County Superior Court for an expedited hearing or trial date. The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (12). In this regard, and without limiting the foregoing, the only evidence to be presented at the hearing or trial shall be the Record, no testimony shall be presented at the hearing or trial; and both the County and the Challenging Cities waive all rights to a jury trial, to any reconsideration of the decision of the Court, to a new trial after the Court renders a decision, and to any appeal or review of the decision of the Court.

SECTION 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE, AND OTHER AMOUNTS DUE.
(A) Payment by City. In the event and to the extent (1) the City uses municipal collection forces directly for the haulage of Controllable Waste to the Waste Infrastructure System or (2) the City uses non-municipal Franchise Haulers for collection but nonetheless elects to pay the Contract Rate and other amounts due from City revenues, the City, as its own Franchise Hauler, shall have direct responsibility for payment of the Contract Rate and other amounts due, and shall take all such budgetary, appropriation and other action as may be necessary to provide for the timely payment of the Contract Rate and other amounts due. Such action may include, depending upon the means authorized by the City to provide for such payment, the levy and collection of general or special taxes, the imposition of benefit assessments, or the collection of user fees, generator charges or other similar impositions for municipal solid waste disposal. The City shall use best efforts in accordance with Applicable Law to levy and impose all such taxes, assessments, fees or charges, and will take all steps, actions and proceedings for the enforcement, collection and payment of all such amounts which shall become delinquent, to the full extent permitted by Applicable Law.
(B) Payment by Franchise Haulers. With respect to Controllable Waste delivered by Franchise Haulers on behalf of City other than City municipal collection forces, the obligation to pay the Contract Rate and other amounts due shall rest with such Franchise Haulers. Franchise Hauler shall pay the Contract Rate or other amounts due or any portion thereof when due. In the event of any such failure by Hauler, the County and the City shall cooperate with each other and use their best efforts to obtain timely payment from Franchise Hauler. Such efforts by the County may include, as appropriate, requiring cash payments for disposal rights from such Franchise Hauler and bringing a legal proceeding for payment and damages. Such efforts by the City may include, as appropriate, legal proceedings to suspend, revoke or terminate the Franchise Hauler’s franchise, permit or license rights. (C) Disputes. If the City or the Franchise Hauler disputes any amount billed by the County in any Billing Statement, the City or the Franchise Hauler shall nonetheless pay the billed amount and shall provide the County with written objection within thirty (30) days of the receipt of such Billing Statement indicating the amount that is being disputed and providing all reasons then known to the City or the Franchise Hauler for any objection to or disagreement with such amount. If the City or the Franchise Hauler and the County are not able to resolve such dispute within thirty (30) days after the City’s or the Franchise Hauler’s objection, either party may pursue appropriate legal remedies.

SECTION 4.4 BILLING OF THE CONTRACT RATE OR OTHER AMOUNTS DUE. The County shall continue to bill Contract Rates and other amounts due after the Commencement Date, in the same manner as it has customarily billed tipping fees. Subject to the other provisions of this Agreement, the County shall have the right to modify or amend such manner of billing on reasonable notice to affected parties.

SECTION 4.5 RESTRICTED RESERVES. For purposes of this Agreement, “Restricted Reserves” means cash and other reserves of the Waste Infrastructure System which are restricted to specific uses or are otherwise being reserved by the County to meet its obligations hereunder throughout the term of the Agreement with respect to the Waste Infrastructure System pursuant to any Applicable Law, contract, adopted budget, budgetary policy of the County with respect to the Waste Infrastructure System, or other arrangement. Such cash and other reserves are not required to be deposited in separate accounts or funds in order to constitute “Restricted Reserves” hereunder, and may be commingled with Unrestricted Reserves or other funds of the County attributable to the Waste Infrastructure System. “Restricted Reserves” shall include, but not be limited to, the following:
(i) reserves for closure of components of the Waste Infrastructure System to the extent required by Applicable Law;

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(ii) amounts reserved by the County for funding of post closure maintenance and monitoring with respect to components of the Waste Infrastructure System; (iii) reserves established to protect the Waste Infrastructure System against the adverse financial impact of potential decreases in waste deliveries pursuant to Section 4.2(B); (iv) amounts reserved to pay the costs of capital improvements with respect to the Waste Infrastructure System;
(v) amounts funded from revenues during the early years of the term of the Agreement reserved to enable the County to provide disposal servicesfor the Contract Rate during the later years of the Agreement; (vi) amounts temporarily held by the County prior to payment to the State or other Governmental Bodies pursuant to Applicable Law (including any fees or charges payable to CalRecycle); (vii) reserves required to meet bond covenants pursuant to financing agreements for Waste Infrastructure System assets to the extent such amounts must be legally separate and distinct from other reserves identified in this Section;
(viii) security deposits from landfill deferred payment program users; (ix) amounts held by the County in the Environmental Fund (provided, however, that such amounts in the Environmental Fund will be made available and used by the County if required to pay costs relating to environmental remediation or other related costs);
(x) AB 939 surcharges;
(xi) amounts held by the County in the Corrective Action Fund held pursuant to CCR Title 27 to demonstrate financial assurance to pay for potential groundwater contamination; and (xii) an amount equal to three (3) months of budgeted expenses for the Disposal System for the current fiscal year, representing working capital of the Disposal System.

SECTION 4.6 AUDITED FINANCIAL STATEMENTS. The County shall annually, on or before January 1 each year, prepare or cause to be prepared and have on file for inspection an annual report for the preceding Contract Year, accompanied by a certificate of an independent public accountant or of the County Auditor and Controller as to the examination of the financial statements therein (describing such statements as fairly presenting the information therein in conformity with generally accepted accounting principles) relating to the Waste Infrastructure System, services, and the fiscal activities of the OC Waste Disposal Enterprise Fund, and including statements in reasonable detail of the financial condition of the OC Waste Disposal Enterprise Fund as of the end of the Contract Year and revenue and expenses for the Contract Year.

SECTION 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION. The County shall annually, on or before May 1 of each year, prepare or cause to be prepared, an updated Ten-Year Financial Projection for the Waste Infrastructure System. Said Financial Projection shall include at least two full years of prior actual data and ten years of future projections including the following elements:

1. County Acceptable Waste, in tons;

2. Imported Acceptable Waste, in tons;

3. Revenues and expenditures;

4. Cash fund balances, including all monies in the County Solid Waste Enterprise Fund, with specific delineation of monies in the Environmental Fund, Restricted Reserves, Unrestricted Reserves, and all other funds of the System; and

5. Projected liabilities for closure and post closure as well as reasonable reserves for

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other environmental costs.

The purpose of the Ten-Year Financial Projection is to keep the City fully informed about the future financial condition of the Waste Infrastructure System. The County shall cause a copy of the Ten-Year Financial Projection to be delivered to the City Manager/General Manager of the City no later than May 1 of each year. Upon request, the County shall make available to the Cities supporting information related to the ten-year financial projection Within thirty (30) calendar days of finalizing each annual update of the Ten-Year Projection, County shall transmit the Ten-Year Projection via email to the City and OCCMA. If requested by the City or OCCMA, the County shall reasonably respond to requests from the City and/or OCCMA for additional information including, but not limited to, requests to meet and discuss the updated Ten-Year Projections at the next regularly scheduled OCCMA meeting or other forum mutually agreed to by the County and OCCMA.

ARTICLE V

BREACH, ENFORCEMENT AND TERMINATION
SECTION 5.1 BREACH. The Parties agree that in the event either Party breaches any obligation under this Agreement or any representation made by either Party hereunder is untrue in any material respect, the other Party shall have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific performance) it may have to enforce the payment of any amounts due or the performance of any obligations to be performed hereunder. Neither Party shall have the right to terminate this Agreement except as provided in Section 5.2 and Section 5.3 hereof or as otherwise provided in this Agreement.

SECTION 5.2 CITY CONVENIENCE TERMINATION. The City shall have the right to terminate this Agreement in its sole discretion, for its convenience and without cause at any time during the Term hereof upon ninety (90) days’ written notice to the County. If the City exercises its rights to terminate the Agreement pursuant to this Section, the City shall pay the County a termination fee equal to the Contract Rate in effect at the time of such termination (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2) multiplied by the number of tons of City Acceptable Waste delivered to the Disposal System during the preceding twelve (12) months (or, if the City had been in breach of the Waste Disposal Covenant during such prior months, such amount as would have been delivered if the City had complied with the Waste Disposal Covenant), multiplied by the number of years remaining in the Term of the Agreement.

SECTION 5.3 TERMINATION.
(A) By City. Except as expressly provided herein, the City shall have no right to terminate this Agreement for cause except in the event of the failure or refusal by the County substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the City the right to terminate this Agreement for cause under this subsection unless:
(1) The City has given prior written notice to the County stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the County and which will, in its opinion, give the City the right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The County has neither challenged in an appropriate forum (in accordance with Section 5.5) the City’s conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than ninety (90) days from the date of the notice given pursuant to clause (1) of this subsection (but if the County shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the County is continuing to take such steps to correct such breach).
(B) By County. Except as expressly provided herein, the County shall have no right to terminate this Agreement for cause except in the event of the failure or refusal by the City or its Franchise Hauler to substantially perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the County the right to terminate this Agreement for

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Fountain Valley City CouncilApril 7, 2026

Fountain Valley City Council
April 7, 2026