Agenda packet — Laguna Beach City Council, March 24, 2026 (part 1 of 4)

MARK ORGILL,
Mayor
HALLIE JONES,
Mayor Pro Tem
SUE KEMPF,
Councilmember
ALEX

ROUNAGHI,
Councilmember
BOB WHALEN,
Councilmember
LAURA PARISI,
City Treasurer
ANN MARIE
McKAY, City
Clerk
CITY OF LAGUNA BEACH
CITY COUNCIL AGENDA
MARCH 24, 2026

REGULAR
MEETING
5:00 P.M.

COUNCIL
CHAMBERS – 505
FOREST

AVENUE,
LAGUNA
BEACH, CA 92651
DAVE KIFF, City
Manager
MEGAN
GARIBALDI, City
Attorney
LEVINE ACT DISCLOSURE: Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $500 commencing on January 1, 2025, made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

Public Participation: You may submit comments in person on any agenda item or any item not on the agenda. You may also submit written comments on any agenda item or on any item not on the agenda via mail to the City Clerk at 505 Forest Avenue, Laguna Beach, CA. 92651 or by email to [email protected]. In order to allow sufficient time for members of the City Council and staff to review and consider your written comments, written comments will be accepted for consideration up until the close of business (i.e., 5:30 p.m.) on the business day before the date on which this public meeting is scheduled. Written comments WILL NOT be read aloud during the City Council Meeting. Please note that written comments are posted on the City’s website, so do not include any personal information you do not want posted on the web. Any comments received after the deadline for submittal may not become part of the public record for that meeting. For comments submitted on a topic not on the agenda, please indicate that you would like your comments included in the official record for this meeting.

Courtesy Virtual Broadcast: Please take notice that the City also plans to broadcast the meeting via the below listed mediums. These virtual broadcast mediums are also provided as a courtesy only and are not guaranteed to be technically feasible or uninterrupted. Thus, in order to guarantee livetime viewing, members of the public are encouraged to attend in person.

1. Online on the City of Laguna website: www.lagunabeachcity.net/meetings

2. Cox cable channel 852

3. Online on YouTube: https://www.youtube.com/channel/UCQsj8cEM7IvTH6p4uf3NUzQ 1 of 657
Courtesy Virtual Broadcast: Please take notice that the City also plans to broadcast the meeting via the below listed mediums. These virtual broadcast mediums are also provided as a courtesy only and are not guaranteed to be technically feasible or uninterrupted. Thus, in order to guarantee livetime viewing, members of the public are encouraged to attend in person.

1. Online on the City of Laguna website: www.lagunabeachcity.net/meetings

2. Cox cable channel 852

3. Online on YouTube: https://www.youtube.com/channel/UCQsj8cEM7IvTH6p4uf3NUzQ CLOSED SESSION
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A. ROLL CALL 4:00 p.m.

B. PUBLIC COMMENTS ON CLOSED SESSION AGENDA ITEMS
Public Comment can be provided on any item on the Closed Session agenda, in Council Chambers at 505 Forest Avenue, Laguna Beach, CA 92651, after the City Council roll call, then the City Council will convene in Conference Room A for the Closed Session.

1. Conference with Labor Negotiator
Pursuant to Government Code § 54957.6
1a.       Agencydesignated representative: Dave Kiff, City Manager Employee Organization: Police Employee’s Association
1b.       Agencydesignated representative: Dave Kiff, City Manager Employee Organization: Municipal Employee’s Association 1c.       Agencydesignated representative: Dave Kiff, City Manager Employee Organization: Police and Fire Management Association Police Unit C. ADJOURN FROM CLOSED SESSION, RETURN TO OPEN SESSION
REGULAR CITY COUNCIL MEETING
********************************************************** A. ROLL CALL – 5:00 PM
B. PLEDGE OF ALLEGIANCE Councilmember Jones
C. CLOSED SESSION ANNOUNCEMENT(S).   A Closed Session report shall be provided, as required pursuant to California Government Code Section 54950 et seq.

D. ADDITIONS AND DELETIONS. As may be deemed necessary by the City Manager, agenda items may from time to time be deleted from the agenda; in such event, the City Manager shall endeavor to provide as much advance notice to the community as reasonably possible about the removal of such items. Agenda items may only be added in accordance with Government Code Section 54950 et seq.
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required pursuant to California Government Code Section 54950 et seq.

E. PRESENTATIONS. The City Council shall from time to time recognize individuals and organizations and present awards or Certificates of Appreciation, or receive special presentations, as previously scheduled and described below.

1. RECOGNITION OF LIQUE HOSKINS FOR HER GENEROUS GIFT TO SALLY’S FUND Recommendations: Present Recognition

2. MIKE BEANAN MARINE LIFE PROTECTION (MLPA) PRESENTATION (click to view video) Recommendations: Receive Presentation

3. HONORING SARAH LIMONES, 2026 “WOMAN MAKING A DIFFERENCE IN ORANGE COUNTY”
Recommendations: Recognize Sarah Limones, 2026 “Women Making a Difference in Orange County.”

4. PROCLAMATION FOR GOVERNMENT FINANCE PROFESSIONALS WEEK Recommendations:

1. Approve the Proclamation recognizing the last week of March 2026, as Government Finance Professionals Week in the City of Laguna Beach.

A. PUBLIC COMMENTS NONAGENDIZED ITEMS. The City Council shall consider Public Comments, of up to three minutes each as determined by the Mayor and for a total of 45 minutes, from the audience concerning items not appearing on the agenda, but that is within the subject matter jurisdiction of the City Council. Public comments beyond 45 minutes shall be reconvened at the conclusion of public hearings. In accordance with the provisions of the Brown Act (Government Code Section 54950 et seq.), no action or discussion may take place by the Council on any item not on the posted agenda. Speaker cards may be used by the City Clerk’s Office for the orderly conduct of the meeting; those not completing speaker cards may speak after those who completed speaker cards. Pursuant to California Government Code section 54953(b)(3), any member of the public wishing to address the legislative body directly pursuant to California Government Code section 54954.3 may do so at each teleconference location at the time the item is considered.

B. MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER. This is a time for brief updates to the public from the City Council and the City Manager on various City matters.

C. CONSENT CALENDAR. All matters listed under Consent Calendar are considered by the City Manager to be routine and will be enacted by one roll call vote. There will be no discussion of these items unless a Councilmember, the City staff, or a member of the public requests removal of an item (please identify the item by its number) from the Consent Calendar for separate discussion, and that person shall be identified and noted in the minutes for the item. Once any additions or removals are made, the City Council will vote to approve all items remaining on the Consent Calendar. Any item that was removed will be considered following the action on the Consent Calendar; each speaker shall have up to three minutes, and may be shortened or extended, or a cumulative limit on the time for all public speakers may be imposed, at the discretion of the presiding officer (the Mayor).

5. MINUTES OF THE CITY COUNCIL MEETINGS
Recommendations: Approve the minutes of the Regular Meeting for the City Council of March 10, 2026.

6. APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS Recommendations:

1. Approve the general warrants and payroll distributions.

7. APPROVAL OF WASTE INFRASTRUCTURE SYSTEM ENTERPRISE (WISE) AGREEMENT Recommendations:

1. Approve the Waste Infrastructure System Enterprise (WISE) agreement with the County of Orange for municipal solid waste disposal rates and services;

2. Authorize the City Manager, or designee, to execute the agreement on behalf of the City and make minor, nonsubstantive modifications as necessary on behalf of the City;

3. Decline to enter into the proposed Organics Services Agreement (OSA) at this time and direct staff to continue utilizing the City’s existing organic waste processing facilities pursuant to the City’s Franchise Agreement; and

4. Find that approval of and entering into the WISE agreement is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061 (b)(3) and 15308. Or in the alternative that the proposed action is not a “project” under CEQA pursuant to CEQA Guidelines section 15378.

8. RESOLUTION APPROVING THE 2026 INVESTMENT POLICY
Recommendations: Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING THE 2026 INVESTMENT POLICY”.

9. RESOLUTION TO SET A PUBLIC HEARING DATE FOR THE ANNUAL SIDEWALK AND INTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAM
Recommendations:

1. Adopt the attached Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING THAT VEGETATION OR WEEDS UPON THE STREETS, SIDEWALKS, PARKWAYS AND PRIVATE PROPERTY IN THE CITY OF LAGUNA BEACH ARE A PUBLIC NUISANCE, AND DIRECTING THE CITY CLERK TO MAIL NOTICES TO DESTROY AND REMOVE SAID VEGETATION OR WEEDS AS REQUIRED BY LAW, AND FIXING THE TIME FOR HEARING OBJECTIONS AND PROTESTS, AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,” which will set a public hearing date of May 12, 2026, for the Annual Sidewalk and Intersection Visibility Nuisance Abatement Program; and

2. Determine that the Annual Sidewalk and Intersection Visibility Nuisance Abatement Program is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (Minor Alterations to Land) of the State CEQA Guidelines, and that none of the exceptions set forth in Section 15300.2 apply.

10. RESOLUTION OF THE CITY COUNCIL OF LAGUNA BEACH TO SET A PUBLIC HEARING DATE FOR THE ANNUAL WEED ABATEMENT PROGRAM
Recommendations:

1. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING THAT WEEDS, RUBBISH, AND REFUSE UPON THE STREETS, SIDEWALKS, PARKWAYS AND PRIVATE PROPERTY IN THE CITY OF LAGUNA BEACH ARE A PUBLIC NUISANCE AND DIRECTING THE CITY CLERK TO MAIL NOTICES TO DESTROY AND REMOVE SAID WEEDS, RUBBISH AND REFUSE, AS REQUIRED BY LAW, AND FIXING THE TIME FOR HEARING OBJECTIONS AND PROTESTS,” which will set a hearing date of May 12, 2026, for the annual Weed Abatement Program; and

2. Find that this action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to pursuant to CEQA Guidelines § 15304 and are further statutorily exempt as none of the exceptions to the exemptions set forth under State CEQA Guidelines § 15300.2 apply.

11. LEASE AGREEMENT WITH ANNELIESE PRESCHOOL, INC. FOR PORTION OF THE PROPERTY IDENTIFIED AS ASSESSOR PARCEL NUMBER 9880195 CONSISTING SPECIFICALLY OF THE BUILDING LOCATED AT 21542 WESLEY DRIVE AND THE SMALL MULTIPURPOSE ROOM AND COMMON AREAS LOCATED AT 21540 WESLEY DRIVE CONSISTING OF RESTROOMS, PLAYGROUND, AND PARKING SPACES Recommendations:

1. Authorize the City Manager to execute a lease agreement with Anneliese Preschool, Inc., in a form approved by the City Attorney, for an initial twoyear term with an option for three, oneyear extensions, at the rate of $10,635 per month with an annual consumer price index increase; and

2. Find the action is not a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065.

12. APPROVAL OF SERVICE AGREEMENT WITH HISTANDARD AUTOMOTIVE, LLC FOR 5 of 657
form approved by the City Attorney, for an initial twoyear term with an option for three, oneyear extensions, at the rate of $10,635 per month with an annual consumer price index increase; and

2. Find the action is not a project within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065.

12. APPROVAL OF SERVICE AGREEMENT WITH HISTANDARD AUTOMOTIVE, LLC FOR POLICE VEHICLE OUTFITTING AND CONVERSION SERVICES
Recommendations:

1. Authorize the City Manager to execute a threeyear (3) contract with a nottoexceed amount of $120,000 per year with HiStandard Automotive, LLC., for police vehicle outfitting and conversion services; and

2. Find that this action is not a project subject to the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378.

13. APPROVAL OF AMENDED AND RESTATED NPDES STORMWATER PERMIT IMPLEMENTATION AGREEMENT
Recommendations:

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, and participating Orange County cities (collectively called Permittees);

2. Authorize the City Manager, or designee, to execute the Agreement and any related documents necessary to implement the terms of the Agreement, subject to approval as to form by the City Attorney; and

3. Find that the proposed action is not a “project” under the California Environmental Quality Act pursuant to CEQA Guidelines section 15378 (b). Or, in the alternative, find that the proposed action is exempt pursuant to CEQA Guidelines section 15061(b)(3).

14. AUTHORIZE THE CITY MANAGER TO APPROVE A DEFERMENT LOAN TO STEVE BRUCE LIUZZI AND CAREN MARY LIUZZI REVOCABLE FAMILY TRUST FOR PARTICIPATION IN THE CITY'S UNDERGROUND UTILITY ASSESSMENT DEFERMENT LOAN PROGRAM FOR UNDERGROUND UTILITY ASSESSMENT DISTRICT 20211 (WEST

STREET)
Recommendations:

1. Authorize the City Manager to approve the deferment loan to Steve Bruce Liuzzi and Caren Mary Liuzzi Revocable Family Trust in an amount not to exceed $73,746.61; and

2. Find the item is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378.

15. 2025 HOUSING ELEMENT ANNUAL PROGRESS REPORT AND 2025 HOMELESS SHELTER INSPECTION REPORT
Recommendations:

1. Receive and accept the 2025 Housing Element Annual Progress Report and Homeless Shelter Inspection Report, and authorize staff to submit such reports to the California Department of HousingandCommunityDevelopment;and
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pursuant to CEQA Guidelines section 15378.

15. 2025 HOUSING ELEMENT ANNUAL PROGRESS REPORT AND 2025 HOMELESS SHELTER INSPECTION REPORT
Recommendations:

2. Find that the recommended action is not a project within the meaning of the State CEQA Guidelines Section 15378(b) or, alternatively, is exempt under State CEQA Guidelines Section 15061(b)(3).

16. RESOLUTION AUTHORIZING APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR LOCAL TRANSPORTATION FUNDS Recommendations:

1. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH CALIFORNIA, AUTHORIZING THE FILING OF ALL APPLICATIONS WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR LOCAL TRANSPORTATION FUNDS,” authorizing the City Manager to file an application and claim with the Orange County Transportation Authority for $1,480,411.10 from the Local Transportation Fund, and to file amendments as necessary due to budget adjustments or any changes in the City’s apportionment of Local Transportation Funds; and

2. Find said action not subject to the California Environmental Quality Act.

17. RESOLUTION AMENDING THE APPENDIX OF DESIGNATED EMPLOYEES WITH FILING RESPONSIBILITIES UNDER THE CITY'S CONFLICT OF INTEREST CODE Recommendations:

1. Adopt the Resolution titled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA AMENDING THE CONFLICT OF INTEREST CODE APPENDIX OF DESIGNATED EMPLOYEES” to update designated employee titles and positions of City personnel; and

2. Find that the proposed action does not constitute a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(2) & (5) because the action involves administrative organizational activities that will not result in a direct or reasonably foreseeable physical change in the environment.

D. REGULAR BUSINESS. This section is for a wide variety of matters generally worthy of separate discussion such as the consideration of ordinances for introduction, resolutions, extraordinary policy and business matters, staff reports and recommendations. The presiding officer will take public comment on each Regular Business item. Each speaker shall have up to three minutes for each agendized Regular Business item, as may be shortened or extended, or a cumulative limit on the time for all public speakers may be imposed, at the discretion of the Presiding Officer. Pursuant to California Government Code section 54953(b)(3), any member of the public wishing to address the legislative body directly pursuant to California Government Code section 54954.3 may do so at each teleconference location at the time the item is considered.

18. RECOMMENDATION FOR PUBLIC TREE REMOVALS AND REPLACEMENT TREE

PLANTINGS
di
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comment on each Regular Business item. Each speaker shall have up to three minutes for each agendized Regular Business item, as may be shortened or extended, or a cumulative limit on the time for all public speakers may be imposed, at the discretion of the Presiding Officer. Pursuant to California Government Code section 54953(b)(3), any member of the public wishing to address the legislative body directly pursuant to California Government Code section 54954.3 may do so at each teleconference location at the time the item is considered.

18. RECOMMENDATION FOR PUBLIC TREE REMOVALS AND REPLACEMENT TREE

PLANTINGS
Recommendations:

1. Uphold removal of the Torrey pine tree located at the Festival of Arts property and authorize planting an inkind Torrey pine replacement tree at an alternate location within the same site;

2. Uphold removal of the Carob tree located at 264 Legion Street and authorize planting a Redbud replacement tree within the landscaped area of the Catalina roundabout;

3. Uphold removal of two Ficus trees located along Short Street adjacent to 585 Legion Street and authorize planting of two Queen palm replacement trees at same location;

4. Determine that the recommended actions are exempt from the California Environmental Quality Act (CEQA) according to State CEQA Guidelines section 15304 (Class 4) categorical exemption; and

5. Direct staff to file and post a Notice of Exemption within five days of this approval.

19. TREE APPROACH(ES) 2026
Recommendations:

1. Receive a presentation from staff regarding various alternatives for trees; and

2. Provide further direction.

E. PUBLIC HEARINGS NON APPEALS. This section is for matters (other than appeals) that are structured as Public Hearings. Public hearings are different from regular business items in that there is a specific time period where a formal hearing is opened by the presiding officer, public comment is accepted from any member of the public, and the hearing is closed by the presiding officer. Generally each public speaker has one opportunity to speak. The City Council conducts all Public Hearings in accordance with the provisions of applicable Laguna Beach procedure and State law. The presiding officer shall have discretion to establish the time allocated for public comment.

20. 2825 AND 2851 LAGUNA CANYON ROAD: PUBLIC HEARING FOR LOT LINE ADJUSTMENT 20260043 AND COASTAL DEVELOPMENT PERMIT 20260477 TO MERGE TWO LOTS, AND FINDING NO SUBSEQUENT ENVIRONMENTAL REVIEW FOR THE PROJECT IS REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162
Recommendations:

1. Conduct a Public Hearing, including receiving a staff report and taking public testimony and evidence related to the consideration of Lot Line Adjustment 20260043 and Coastal Development Permit 20260477; and

2. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT 2026 0043 AND COASTAL DEVELOPMENT PERMIT 20260477 TO MERGE TWO LOTS LOCATED AT 2825 AND 2851 LAGUNA CANYON ROAD, AND FINDING NO SUBSEQUENT ENVIRONMENTAL REVIEW FOR THE PROJECT IS REQUIRED PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162”, approving Lot Line Adjustment 20260043 and Coastal Development Permit 20260477 to merge two lots located at 2825 and 2851 Laguna Canyon Road, and finding no subsequent environmental review for the Project is required due to the Initial Study/Mitigated Negative Declaration adopted by the Planning Commission on September 20, 2023, pursuant to State CEQA Guidelines Section 15162.

F. PUBLIC HEARINGS FOR APPEALS. This section is specifically for appeals of determinations of the Planning Commission, the Design Review Board, or other Boards or Commissions. Public Hearings (Appeals) are different from other public hearings in two ways: (1) In some cases, the City Council can only consider whether a lower body abused its discretion in granting or denying a project application. In other cases, the Council can conduct the hearing “de novo,” meaning that it can consider old and new information and make a determination unbound by the lower body’s decision.

The item’s staff report will clearly state which review standard applies to each appeal item; and (2) public comment generally occurs this way: Staff presents a report about the appeal, Council members ask questions about the report. Then the presiding officer opens the public hearing, inviting the person who filed the appeal (the appellant) to speak first, followed by persons supporting the appellant’s position. Then the presiding officer invites persons disagreeing with appeal to speak. When all speakers have spoken, the presiding officer invites the appellant up a second time to address any comment and to conclude their argument. Following that, the presiding officer closes the public hearing, and the Council deliberates further and ultimately votes on a motion. The City Council conducts all Public Hearings in accordance with the provisions of applicable Laguna Beach procedure and State law. The Mayor shall have discretion to establish the time allocated for persons who wish to speak, often allowing more time for the appellant and/or the applicant.

A. 511 BROOKS STREET: APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR’S DESIGNEE APPROVAL OF HEDGE HEIGHT CLAIM 251254 FOR HEDGE HEIGHT VIOLATIONS IN THE R1, RESIDENTIAL LOWDENSITY ZONE, AND FINDING THE PROJECT CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15304 (CLASS 4)
Recommendations:

1. Open the public hearing, take public testimony, and continue the public hearing to the April 28, 2026, City Council meeting; and

2. Find that the action to continue the public hearing is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption).

G. COUNCIL MEMBER ITEM(S). The City Council shall consider matters submitted by members of the City Council in accordance with Resolution No. 24.011, as it may be amended.

H. ADJOURNMENT. The Laguna Beach City Council will adjourn to its next regular or other meeting, tentatively set for:

Tuesday, April 14, 2026

LAGUNABEACHCITYHALL
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G. COUNCIL MEMBER ITEM(S). The City Council shall consider matters submitted by members of the City Council in accordance with Resolution No. 24.011, as it may be amended.

H. ADJOURNMENT. The Laguna Beach City Council will adjourn to its next regular or other meeting, tentatively set for:

Tuesday, April 14, 2026
LAGUNA BEACH CITY HALL
COUNCIL CHAMBERS
505 FOREST AVENUE, LAGUNA BEACH, CA
CLOSED SESSION AT 4:00 P.M. AND
REGULAR CITY COUNCIL MEETING AT 5:00 PM.

ADA ACCOMMODATIONS
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Pursuant to the Americans with Disabilities Act, persons with a disability who require a disabilityrelated modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 4970705 (telephone) or (949) 4970771 (facsimile). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMPLIANCE WITH GOVERNMENT CODE SECTION 54957.5
********************************************************* Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's Office at 505 Forest Avenue, Laguna Beach, California, during normal business hours. 10 of 657
Reef Check California Report:

Laguna Beach Coastal Kelp Forest Evaluation
Final Report To: Laguna Bluebelt Coalition
Jaclyn Mann
Reef Check Foundation
February 2026
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Introduction
The Laguna Beach State Marine Reserve (SMR) and the Laguna Beach State Marine Conservation Area (SMCA) (No-Take) were both established in January 2012 as a part of California’s Marine Protected Area (MPA) network (Figure 1). The Laguna Beach SMR protects more than six square miles of marine habitat and covers 4.4 miles of coastline. It extends from Abalone Point, Laguna Beach’s northernmost city limit, south to Goff Island. Inside the boundaries of the SMR all recreational and commercial fishing is prohibited. The Laguna Beach SMCA (No-Take) extends south from Goff Island to Table Rock and protects more than 3 square miles of marine habitat and covers 1.2 miles of coastline (California Department of Fish and Wildlife 2022). Inside the Laguna Beach SMCA (No-Take) recreational and commercial fishing is prohibited, but take is allowed when incidental to permitted activities. Though these two MPAs cover most of the shoreline of Laguna Beach, there is an additional mile of coastline where offshore kelp forests remain open to recreational and commercial fishing activity. This final mile of Laguna Beach is inside the boundaries of the Dana Point SMCA, where take from tidepools is prohibited, but recreational fishing of finfish, lobster, and urchin is allowed, as is commercial fishing of lobster, urchin, and certain pelagic fish species.

This report was designed to compare Laguna Beach kelp forest ecosystems found outside of the Laguna Beach SMR and SMCA (No-Take) to kelp forest ecosystems inside those MPAs.

Specifically, we will be comparing the communities found at six sites; four sites located within the Laguna Beach SMR (Seal Rock, Shaws Cove, Divers Cove, Heisler Park) and two sites located south and outside of the Laguna Beach SMCA (No-Take) (Thousand Steps, Three Arches).
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Figure 1. Map showing the current boundaries of the Laguna Beach SMR, Laguna Beach SMCA (No-Take), and Dana Point SMCA.

Reef Check Methods
To assess the kelp forest ecosystems, Reef Check divers completed biotic surveys at each of the six sites. All surveys were completed following the Reef Check California Monitoring Protocol (Freiwald et al. 2021). Each survey included six 30m by 2m swath transects on which divers conducted counts of fish, invertebrates, macroalgae, and made uniform point contact (UPC) observations. Data on substrate, relief, and cover (sessile organisms) were collected at every meter during each UPC survey. Transects were placed at each survey site in predetermined depth zones, three shallow and three deep. An additional 12 fish transects (30m by 2m and by 2m) were conducted during each survey. Along each transect, a set of 83 indicator species, comprising of 13 species of macroalgae, 35 taxa of invertebrates, and 35 taxa of fish, were looked for and counted. Reef Check indicator species have been selected because they are ecologically important and of relevance to management (Freiwald and Beahrs 2020). 3 of 8
Reef Check long-term monitoring data was also used to examine changes in the kelp forest communities of the four sites located within the Laguna Beach SMR since the establishment of the MPA in 2012.

Giant Kelp Trends
In Southern California, giant kelp (Macrocystis pyrifera) forms kelp forest canopies. Since the establishment of the Laguna Beach SMR and SMCA (No-Take) in 2012, all four monitored sites have shown a slight positive trend in giant kelp density (Figure 2). Looking specifically at data collected in 2025 and 2026, the four sites inside the Laguna SMR have notably higher giant kelp densities than those at Thousand Steps Beach and Three Arches (Figure 3).

Figure 2. Giant kelp densities over time at four long-term monitoring sites in Laguna Beach, California.

Error bars represent the standard error of the mean.
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Figure 3. Mean giant kelp density at six sites in Laguna Beach, California, based on the most recent survey data (2025 and 2026). Error bars represent the standard error of the mean.

Sea Urchin Trends
Reef Check monitors four species of urchin in California: purple urchins (Strongylocentrotus purpuratus), red urchins (Mesocentrotus franciscanus), starry urchins (Arbacia stellata), and crowned urchins (Centrostephanus coronatus). Purple, red, and crowned urchins are commonly observed in southern California. Starry urchin, though, are rare in California. Starry urchin have only been recorded during Reef Check surveys in southern California at sites off Anacapa and Santa Cruz Islands. Over 19 years of monitoring, starry urchin have never been recorded at Reef Check sites located in the Laguna Beach SMR.

Since the establishment of the Laguna Beach SMR and SMCA (No-Take) in 2012, all four long term monitoring sites have seen a decline in both purple and red urchin densities (Figure 4). If we look specifically at urchin density data collected in 2025 and 2026, the four sites inside the Laguna Beach SMR have notably smaller densities of both purple and red urchins than the two sites located inside the Dana Point SMCA (Figure 5). Small amounts of crowned urchins were recorded at Seal Rock, Shaws Cove, Divers Cove, and Three Arches. Interestingly, starry urchins were recorded for the first time at a Laguna Beach site at Three Arches in 2026 (Figure 5). 5 of 8
Figure 4. Purple and red urchin densities over time at four long-term monitoring sites in Laguna Beach, California. Error bars represent the standard error of the mean.

Figure 5. Mean urchin density at six sites in Laguna Beach, California, based on the most recent survey data (2025 and 2026). Error bars represent the standard error of the mean. 6 of 8
Reef Habitat Characterization
Uniform Point Contact (UPC) surveys were used to collect substrate data at each site. Substrate was recorded based on the size of the substrate at each point, ranging from sand (rock<0.5cm) to reef (rock>1m). The four sites located within the Laguna Beach SMR and Three Arches were mainly composed of large substrate, with all 5 sites characterized by over 50% rocky reef.

Thousand Steps Beach was characterized by more medium-sized substrate, with 50% cobble (rock< 15 cm) and only 30% rocky reef (Figure 6).

Figure 6. Mean percent substrate composition at six sites in Laguna Beach, California, based on the most recent survey data (2025 and 2026).

Conclusions
Overall, this report finds that the kelp forest ecosystems inside the Laguna Beach SMR have stable giant kelp densities and currently have higher giant kelp densities than the ecosystems surveyed at Thousand Steps Beach and Three Arches. The protected ecosystems also currently have lower urchin densities than the reefs located inside the Dana Point SMCA. The higher urchin populations outside of the Laguna Beach SMR and SMCA (No-Take) may have led to increased grazing pressure on the algae communities of these ecosystems. If there is not enough drift algae to support urchin grazing, urchins are known to actively search for food and may graze on attached giant kelp holdfasts, resulting in a decline in giant kelp density (Harrold and Reed 1985). The fishing pressure on urchin predators, such as California spiny lobster (Panulirus interruptus) and California sheephead (Bodianus pulcher), at sites inside the Dana Point SMCA may allow larger populations of urchins to thrive on those reefs. Continuing to monitor these six sites will allow us to better understand the impacts of MPAs on the dynamics of these kelp forest ecosystems.
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References
Freiwald, J., and A. Beahrs. 2020. Reef Check California: SCUBA-diving citizen scientist monitor rock reef ecosystems. Page 313 in C. A. Lepczyk, O. D. Boyle, and T. L. V. Vargo, editors. Handbook of citizen science in ecology and conservation. University of California Press, Oakland, California.

Freiwald, J., S. M. McMillan, and D. Abbott. 2021. Reef Check California Instruction Manual: A Guide to Monitoring California’s Kelp Forests, 10th Edition. Reef Check Foundation, Marina del Rey, CA, USA.

Harrold, C., and Reed, D. C. (1985). Food availability, sea urchin grazing, and kelp forest community structure. Ecology, 66(4), 1160-1169.

California Department of Fish and Wildlife. (2022, September). Laguna Beach State Marine Reserve/State Marine Conservation Area (No-Take). California Natural Resources Agency. https://wildlife.ca.gov/Conservation/Marine/MPAs/Laguna-Beach#623964928 8 of 8

STAFF REPORT
Meeting Date:

March 24, 2026

PRESENTATION
4 SUBJECT: PROCLAMATION FOR GOVERNMENT FINANCE PROFESSIONALS WEEK RECOMMENDATION: It is recommended that the City Council:

1. Approve the Proclamation recognizing the last week of March 2026, as Government Finance Professionals Week in the City of Laguna Beach.

SUMMARY OF THE MATTER
A Proclamation recognizing Government Finance Professionals Week.

FINANCIAL ANALYSIS
The recommended action has no financial impact to the budget.

ENVIRONMENTAL ANALYSIS
The recommended action has no environmental impact.

ATTACHMENTS

1. Proclamation (Pg. 2)
Submitted By: .Michelle Bannigan Approved: .David A Kiff Michelle Bannigan, Finance
Director
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Michelle Bannigan, Finance Director
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Attachment 1
2 2 of 10
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STAFF REPORT
Meeting Date:

March 24, 2026

CONSENT
5 SUBJECT: MINUTES OF THE CITY COUNCIL MEETINGS
RECOMMENDATION: It is recommended that the City Council:

1. Approve the minutes of the Regular Meeting for the City Council of March 10, 2026.

SUMMARY OF THE MATTER
All components of minutes are for the primary purpose of memorializing decisions made by the legislative body during the meeting. Any minute component that does not serve this primary purpose is minimized or eliminated; this includes comments made by individual body members and members of the public.

Discussions that occurred during the meeting can be viewed in archived video recordings on the city’s website. Public submittals on items received prior to adjournment of the meeting are retained in the administrative record and can be viewed in the City Clerk’s records repository.

It is recommended by the City Clerk that the City Council approve the minutes of the Regular Meeting for the City Council of March 10, 2026.

FINANCIAL ANALYSIS
The recommended action has no financial impact to the budget.

ENVIRONMENTAL ANALYSIS
The recommended action has no environmental impact.

ATTACHMENTS

1. 3/10/2026 Regular Meeting Draft Minutes (Pgs. 2-11)
Submitted By: Ann Marie McKay Approved: .David A Kiff
Ann Marie McKay, City Clerk Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Ann Marie McKay, City Clerk
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Laguna Beach City Council Minutes March 10, 2026
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MINUTES

LAGUNA BEACH CITY COUNCIL REGULAR MEETING
March 10, 2026
A Regular Meeting of the City Council of the City of Laguna Beach was called to order at 5:00 p.m. on Tuesday, March 10, 2026, in the City Hall, 505 Forest Avenue, Laguna Beach, California, Mayor Mark Orgill presiding.

ROLL CALL
PRESENT: COUNCILMEMBERS: Kempf, Rounaghi, Whalen, Orgill PARTICIPATING REMOTELY: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Jones
Councilmember Bob Whalen led the Pledge of Allegiance.

CLOSED SESSION
****************

1. Conference with Legal Counsel—Existing Litigation
Pursuant to Government Code Section 54956.9 (d)(1)
Number of Cases: One (1)
1a. City of Laguna Beach v. Laguna Beach Coalition for Environment Protection, California Court of Appeal, Fourth Appellate District, Division Three, Case No. G065514

2. Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8
2a. Property: 30622 Coast Highway (Ruby’s Diner)
Agency Negotiator: Dave Kiff, City Manager
Negotiating Parties: Kenneth J. Cummins Trust
Under Negotiation: Price and Terms of Payment
2b. Property: APN: 65601208; 65601205; 65603220; and 65603203 Agency Negotiator: Dave Kiff, City Manager
Negotiating Parties: Merrick W & Mary L Leckey
Under Negotiation: Price and Terms of Payment

CLOSED SESSION ANNOUNCEMENT(S)
*********************************
Public Testimony: Joy Berry, Susan Skinner, Johanna Felder, Pat Menne, Bryan Menne, Gayle Waite, Michele Monda, and Charlotte Masarik requested that the City Council not appeal the decision by the court on Case No. G065514 regarding City of Laguna Beach v. Laguna Beach Coalition for Environment Protection.

Attachment 1
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Laguna Beach City Council Minutes March 10, 2026
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City Manager Dave Kiff provided a presentation on the City’s hillside protection and development.

City Attorney Megan Garibaldi reported that four Councilmembers were present (Mayor Pro Tem Hallie Jones absent) and there were several public comments on item 1 prior to the City Council convening into the Closed Session. Garibaldi reported that Councilmember Sue Kempf recused herself from item 2(b) due to the proximity of her residence to the properties, and that there was no reportable action on any of the items discussed.

ADDITIONS and DELETIONS – None.
*******************************

PUBLIC COMMENTS - NON-AGENDIZED ITEMS
*****************************************
Ann Christoph announced a couple of upcoming events at the South Laguna Community Garden.

Mike Rauch and Vicki Johnson reiterated their opinion that the City should not move forward with considering joining the Orange County Power Authority (OCPA), and provided handouts showing OCPA’s current financial status.

MATTERS FROM THE MAYOR, CITY COUNCIL MEMBERS AND CITY MANAGER **************************************************************** Councilmember Alex Rounaghi reported on his attendance at this year’s CalCities City Leaders Summit.

Councilmember Bob Whalen reported on attending the Laguna Art Museum’s annual California Cool Art Auction. He also reported that Representative Dave Min successfully had $850,000 in federal funds earmarked for the Laguna Canyon Road Protect & Connect project and $850,000 for the Fire Station No. 4 Replacement project. In response to Councilmember Whalen’s question, Public Works Director Mark McAvoy advised that the demolition of the building on the site of the new fire station was delayed because there was an active bird’s nest. The nest was confirmed empty yesterday; therefore, the demolition will commence soon.

Mayor Mark Orgill reported on various meetings with members of the public and events he attended.

City Clerk Ann Marie McKay announced that applications are being accepted for any Laguna Beach residents interested in serving on the Orange County Vector Control District Board of Trustees. 3 3 of 11
Laguna Beach City Council Minutes March 10, 2026
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CONSENT CALENDAR
**********************
Moved by Councilmember Sue Kempf, seconded by Councilmember Alex Rounaghi, and carried unanimously 4/0 to approve items 3 – 5, 7 – 9, 11, and 13.

3. MINUTES OF THE CITY COUNCIL MEETINGS
Approved the minutes of the Regular Meeting for the City Council of February 24, 2026.

4. APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS Approved the general warrants and payroll disbursements.

5. MONTHLY TREASURER’S AND INVESTMENT REPORT (JANUARY 2026) Received and filed the revised January 2026 reports.

6. REVIEW OF THE PROPOSED ANNUAL INVESTMENT POLICY
This item was pulled from the Consent Calendar by Councilmember Bob Whalen. He thanked the committee for their input on the policy, and said he supported the language suggestion from Mary Locatelli and requested that it be included in the investment policy.

Moved by Councilmember Sue Kempf, seconded by Councilmember Bob Whalen, and carried unanimously 4/0 to:
(a) Direct that staff return on or after March 24, 2026, with a resolution that adopts the 2026 Investment Policy, including a provision within the resolution that the Policy continues until such time as a subsequent adoption occurs, as revised, adding to the end of Section 17, Performance Standards, the words “as well as with Sections 3 and 4 that describe the City’s investment philosophy and objectives”; and (b) Authorize the Deputy Treasurer, Victoria McIntosh, CPA, to complete the investment duties of the City Treasurer if the Treasurer cannot perform her duties. 4 4 of 11
Laguna Beach City Council Minutes March 10, 2026
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7. PROCLAMATION RECOGNIZING APRIL 24, 2026, AS ARBOR DAY IN LAGUNA BEACH (1) Adopted the proclamation recognizing April 24, 2026, as Arbor Day in Laguna Beach; (2) Authorized staff to host an Arbor Day celebration event on April 24, 2026; (3) Authorized staff to apply for re-certification as a Tree City USA with the Arbor Day Foundation; and
(4) Found the recommended actions are exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15304 (Minor Alterations to Land) and Section 15061(b)(3) (General Rule Exemption).

8. SECOND AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT FOR SEWER LIFT

STATION SERVICES
(a) Authorized the City Manager to execute a Second Amendment to Agreement No. 25- 55 with DownStream Services Inc., to increase the contract amount by $120,000 for services through June 30, 2027, resulting in a revised not-to-exceed amount of $220,000;
(b) Authorized the City Manager to exercise up to two (2) one-year extensions, subject to satisfactory performance, each in the amount not-to-exceed $120,000, for a total contract award of amount not-to-exceed $460,000; and
(c) Found that the agreement amendment is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301(b).

9. SERVICE AGREEMENT WITH C3 TECH FOR CITYWIDE COPIER LEASE AND MAINTENANCE

SERVICES
(a) Authorized the City Manager to execute a 54-month service agreement (#26-28) with C3 Office Solutions LLC dba C3 Tech for Citywide Copier Lease and Maintenance in an amount not to exceed $6,456.59 per month;
(b) Authorized the City Manager to approve a contingency amount of up to 10% of the total contract amount for additional copiers and related services identified during the term of the contract, for a total not to exceed contract amount of $383,521.45; and (c) Found that the action does not constitute a project under the California Environmental Quality Act pursuant to Guidelines Section 15378(b)(4) and Section 15378(b)(5). 5 5 of 11
Laguna Beach City Council Minutes March 10, 2026
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10. AWARD OF TASK ORDER AMENDMENT FOR DESIGN OF THE LAGUNA BEACH LIBRARY

IMPROVEMENTS
This item was pulled from the Consent Calendar by Councilmember Bob Whalen. He asked about the proposed seismic assessment and staff responded.

Moved by Councilmember Alex Rounaghi, seconded by Councilmember Bob Whalen, and carried unanimously 4/0 to:
(a) Authorize the City Manager to award a task order amendment to IDS Group in the amount of $451,597 for the design of the Laguna Beach Library Improvements Project; (b) Authorize project-related expenses and change orders for additional design-related services that may be required in an amount not-to-exceed $20,000; and (c) Find that the action consists of government activities, which do not result in a direct or indirect physical change in environment and therefore does not constitute a “Project” within the meaning of the California Environmental Quality Act (CEQA).

11. FORMATION OF A FISCAL SUSTAINABILITY AND STRUCTURAL EFFICIENCY AD HOC

COMMITTEE (KEMPF)
(a) Appointed Councilmember Alex Rounaghi and Councilmember Sue Kempf to serve on the Fiscal Sustainability and Structural Efficiency Ad Hoc Committee to evaluate potential cost-reduction strategies and operational efficiencies for consideration during the development of the Fiscal Year 2026–27 budget process; (b) Found that the recommended action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b) because it involves an organizational and administrative activity of government that will not result in a direct or indirect physical change in the environment.

12. AWARD OF CONTRACT TO CALIFORNIA GRAZING COMPANY FOR FIRE PREVENTION GOAT

GRAZING SERVICES
This item was pulled from the Consent Calendar by Councilmember Bob Whalen. Staff responded to the Councilmembers’ questions.

Moved by Councilmember Bob Whalen, seconded by Councilmember Sue Kempf, and carried unanimously 4/0 to:
(a) Award and authorize the City Manager to execute contract #26-29 with California Grazing Company (CGC) in the amount of $748,029 for fire prevention goat grazing services over a three-year term; and
(b) Find that this action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to pursuant to CEQA Guidelines § 15301 and § 15304, and are further statutorily exempt as specific actions necessary to prevent or mitigate a wildfire emergency under Public Resources Code § 21080(b)(4) and CEQA Guidelines § 15269(c). 6 6 of 11
Laguna Beach City Council Minutes March 10, 2026
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13. APPOINTMENT OF COUNCIL MEMBER KEMPF AND MAYOR PRO TEM JONES TO THE AD HOC COMMITTEE TO REVIEW FISCAL YEAR 2026-27 COMMUNITY ASSISTANCE GRANT

APPLICATIONS
(a) Appointed Council member Kempf and Mayor pro Tem Jones to serve as the ad hoc committee responsible for reviewing the Fiscal Year 2026-27 Community Assistance Grant applications;
(b) Directed the ad hoc committee to report back to the City Council with grant award recommendations at the budget adoption meeting on June 23, 2026; and (c) Found that the recommended action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, as it constitutes an administrative activity that will not result in a direct or indirect physical change in the environment.

REGULAR BUSINESS
********************

14. HOSPITAL ACTION PLAN / FRAMEWORK
Presentation and Discussion: Staff gave a brief presentation regarding the adoption of a preliminary action plan pertaining to the emergency room closure at Mission Hospital, South Laguna.

Public Testimony: John Thomas and Ann Christoph commented on the importance of understanding the needs of the community and how those needs could be met. Dr.

Christine Park, Thor, and Greg Viviani also weighed in on the item.

Councilmember Comments: Councilmembers responded to the public’s comments, confirming the importance of the community’s input.

Moved by Councilmember Alex Rounaghi, seconded by Councilmember Bob Whalen, and carried unanimously 4/0 to:
(a) Adopt a preliminary Action Plan;
(b) Direct the ad hoc committee to work with staff and the City Clerk on interviews and appointments to establish a community advisory committee; and (c) Determine that the recommended action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, as the action consists of receiving information and providing policy direction and does not authorize any physical change to the environment.
7 7 of 11
Laguna Beach City Council Minutes March 10, 2026
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15. CONSIDERATION OF (1) A RESOLUTION ADOPTING AN AMENDED AND RESTATED CITY

COUNCIL POLICY AND PROCEDURES MANUAL, INCLUDING ADOPTION OF A DISRUPTION POLICY PER SB 707 AND A CITY COUNCIL APPEALS POLICY, AND AMENDMENTS TO THE CITY

COUNCIL MEETING ORGANIZATION POLICY, REMOTE ATTENDANCE POLICY, AND OTHER MINOR ADMINISTRATIVE POLICY CHANGES; (2) SELECTING DATES FOR APPEALS DAYS FOR 2026; AND (3) FINDING SUCH ACTIONS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Presentation and Discussion: City Attorney Megan Garibaldi gave a presentation and responded to the Councilmembers’ questions regarding proposed changes to City Council meetings per Senate Bill 707.

Public Testimony: Ann Christoph, Pat Menne, John Thomas, and Michele Monda commented on the item, and the City Attorney responded to questions raised.

Moved by Councilmember Bob Whalen, seconded by Councilmember Alex Rounaghi, and carried unanimously 4/0 to:
(a) Adopt, as further amended by City Council direction, Resolution #26.014, titled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA,

ADOPTING AN AMENDED AND RESTATED CITY COUNCIL POLICY AND PROCEDURES

MANUAL, AND FINDING SUCH ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES SECTION 15061,” which in addition to formatting, correction of scrivener’s errors, and minor administrative revisions, include:

1. Amendments to:
i. Policy 1.1, “City Council Meeting Order of Business” ii. Policy 1.3, “Establishing Time and Location for Regular City Council Meetings; Remote Participation,” including utilization of a two-way audio/visual or telephonic platform for remote participation at City Council meetings, effective July 1, 2026; and
iii. Policy 2.2, “Use of City Seal/Emblem.”

2. Adding Policy 1.7, “Disruption of Telephonic or Internet Service During Public Meetings” (SB 707); and

3. Adding Policy 1.8, “Processing and Consideration of Appeals to the City Council Pursuant to Title 25 of the Laguna Beach Municipal Code,” adding a process for interested parties to contact City Councilmembers in advance of a meeting date to request site visits.
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(b) Direct staff to schedule three Appeals Days for 2026, May 13 and November 5, with a 3:00 p.m. start time, and a third date between May and November, which will be determined by the City Council at a later date;
(c) Direct staff to look into different platforms for remote City Council meeting participation through telephonic or other means;
(d) Direct staff to return at the end of 2026 to evaluate the efficacy of the policies relating to meeting organization and remote meeting attendance; and (e) Finding such action not a project under the California Environmental Quality Act (CEQA), or alternatively, exempt from CEQA.

Appeal A was heard prior to agenda item #16.

PUBLIC HEARINGS –-NON-APPEALS
******************************

16. 2020 SOUTH COAST HIGHWAY: CONDITIONAL USE PERMIT 25-1036 AND COASTAL DEVELOPMENT PERMIT 25-2021 FOR A REDUCTION OF FOUR REQUIRED OFF-STREET

PARKING SPACES BASED ON THE IMPLEMENTATION OF A PARKING AND TRANSPORTATION

DEMAND MANAGEMENT PLAN PURSUANT TO LAGUNA BEACH MUNICIPAL CODE SECTION

25.52.006(G)(3) TO EXPAND AN EXISTING HOTEL IN THE C-1 (LOCAL BUSINESS DISTRICT)

ZONE AND FINDING THE PROJECT CATEGORICALLY EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15303 (CLASS 3)
Presentation and Discussion: Staff gave a presentation and responded to Councilmembers’ questions regarding a conditional use permit for a reduction of four required off-street parking spaces at 2020 South Coast Highway (Woods Cove Inn).

Public Testimony: Ben Stevens, architect for the applicant, commented on the item.

Moved by Councilmember Sue Kempf, seconded by Councilmember Bob Whalen, and carried unanimously 4/0 to adopt Resolution #26.015 titled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 25-1036 AND COASTAL DEVELOPMENT PERMIT 25-2021 FOR A REDUCTION OF

FOUR REQUIRED OFF-STREET PARKING SPACES BASED ON THE IMPLEMENTATION OF A

PARKING AND TRANSPORTATION DEMAND MANAGEMENT PLAN PURSUANT TO LAGUNA BEACH MUNICIPAL CODE SECTION 25.52.006(G)(3) TO EXPAND AN EXISTING HOTEL AT 2020 SOUTH COAST HIGHWAY IN THE C-1 (LOCAL BUSINESS DISTRICT) ZONE, AND FINDING

THE PROJECT CATEGORICALLY EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTION 15303 (CLASS 3).”
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PUBLIC HEARINGS –-APPEALS
****************************
A. 31526 VALIDO ROAD: APPEAL OF DESIGN REVIEW BOARD APPROVAL OF DESIGN REVIEW 24-0658 AND COASTAL DEVELOPMENT PERMIT 24-0657 FOR A NEW SINGLE-FAMILY

DWELLING, ATTACHED TWO-CAR GARAGE, ELEVATED DECKS, GRADING, AND LANDSCAPING, AND DEMOLITION OF AN EXISTING SINGLE-FAMILY DWELLING IN THE R-1,

RESIDENTIAL LOW-DENSITY ZONE, AND FINDING THE PROJECT CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15303 (CLASS 3)
This item was heard before Agenda Item #16.

Moved by Councilmember Alex Rounaghi, seconded by Councilmember Sue Kempf, and carried unanimously 4/0 to:
(a) Open the public hearing, take public testimony, and continue the public hearing to the May 13, 2026, City Council Appeals Day Meeting; and
(b) Find that the action to continue the public hearing is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption.

COUNCILMEMBER ITEM(S) – None.
*****************************

ADJOURNMENT
**************
There being no further business, Mayor Orgill at 7:03 p.m., Tuesday March 10, 2026, adjourned to the City Council Closed Session at 4:00 p.m. and Regular City Council Meeting at 5:00 p.m., Tuesday, March 24, 2026, at City Hall, 505 Forest Avenue, Laguna Beach California. ****************
Approved: March 24, 2026
______________________________
Mark Orgill, Mayor
______________________________
Ann Marie McKay, City Clerk
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Note: All components of minutes shall be for the primary purpose of memorializing decisions made by the legislative body. Any minute component that does not serve this primary purpose will be minimized or eliminated; this includes comments made by individual body members and members of the public. Discussions that occurred during the meeting can be viewed in archived video recordings on the city’s website. Public submittals on items received prior to adjournment of the meeting are retained in the administrative record and can be viewed in the city clerk’s repository. 11 11 of 11

STAFF REPORT
Meeting Date:

March 24, 2026

CONSENT
6 SUBJECT: APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS RECOMMENDATION: It is recommended that the City Council:

1. Approve the general warrants and payroll distributions.

SUMMARY OF THE MATTER
The following provides a summary of all general-warrants and payroll disbursements issued between February 14, 2026, and February 27, 2026. Total disbursements issued during this period was $6,135,023.88.

DISCUSSION
• Check numbers 23011174, 23011190, 23011204, and 23011233 was not issued. The City’s finance system assigns a check number when a “prenote” is processed. A “prenote” is a $0 payment to verify a bank account before creating it. It is the City’s practice to process a “prenote” to verify banking information before the vendor receives their first payment from the City electronically.

FINANCIAL ANALYSIS
The recommended action has no financial impact to the budget.

ALIGNMENT WITH CITY COUNCIL GOALS AND PRIORITIES
City fiscal sustainability and building a culture of excellence.

Date Description Reference Nos. Amount
Payroll-Related Payments
02/20/26 Payroll Checks and Wires FY 2026 #17 1,903,315.33$ Pg. 3 Total Payroll-Related Payments 1,903,315.33$
Payments to Vendors:
02/14/26-02/27/26 Wire Payments to Vendors 18-19 668,871.70$ Pg. 4 02/14/26-02/27/26 Check Payments to Vendors 23011171-23011424 3,562,836.85$ Pg. 4-39 Total Payments to Vendors 4,231,708.55$
TOTAL PAYMENTS 6,135,023.88$
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APPROVAL OF GENERAL WARRANTS AND PAYROLL DISTRIBUTIONS
March 24, 2026

Page 2 of 2 ends

ENVIRONMENTAL ANALYSIS
The recommended action has no environmental impact.

ATTACHMENTS

1. Payroll Wires #17 (Pg. 3)

2. Check Register from February 14, 2026, to February 27, 2026 (Pg. 4-39) Submitted By: Michelle Bannigan Approved: .David A Kiff Michelle Bannigan, Finance
Director
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Miguel De Dios, Accounting Technician Jessica Diaz, Accounting Technician 2 of 50
CHECK REGISTER:

DIRECT DEPOSITS:

FEDERAL TAXES:

STATE TAXES:

DEFER COMP-GREAT WEST

DEFER COMP-PERS
PARS CONTRIBUTION:

RHS CONTRIBUTION:

WAGE ATTACHMENTS:

PAYROLL TOTAL:
$ 11,378.75
$ 1,391,983.53
$ 283,388.21
$ 234.46
$ 1,903,315.33
$ 10,521.50
$ 21,746.83
$ 97,190.89
$ 25,321.99
$ 61,449.17
Interoffice
Memo
To: Laura Parisi
From: Jessica Diaz
Subject: Payroll Wires
_____________________________________________ PAYROLL #17 PAYDATE: 2-20-26
Attachment 1
3 3 of 50
021826 CALPERS 2/18/2026 CALPERS #15 FY 25-26 408,420.97 0.00 408,420.97 Check # 18 Total: 408,420.97
Check # 18 Date 2/18/2026 CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM 02262026 NYM 2/26/2026 Debt Service - AD: 2014-2, 09-1, 14-3R, 13-1, 13-2 260,450.73 0.00 260,450.73
Check # 19 Total: 260,450.73
Check # 19 Date 2/26/2026 CORPORATE TRUST DIVISION BANK OF NEW YORK MELLON 37923 2/9/2026 2260032 PS_CIP 21-9525 Cleo St Beach Access Improvements 25,520.00 0.00 25,520.00
37924 2/9/2026 2260018 TP_ AD 2014-2 Woods Cove
Undergrounding 48,762.79 0.00 48,762.79
Check # 23011171 Total: 74,282.79
Check # 23011171 Date 2/27/2026 ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS, LLC INV8474 2/10/2026 Q-Flow SMS Services - January 2026 39.13 0.00 39.13 Check # 23011172 Total: 39.13
Check # 23011172 Date 2/27/2026 ACF TECHNOLOGIES, INC.
20388 2/9/2026 Name Plate for Shannon Martinez 246.60 0.00 246.60 20390 2/9/2026 MS - Recruitment Signs 896.05 0.00 896.05 20398 2/12/2026 TP_Forest Ave Improvement - Banners 5,637.14 0.00 5,637.14 Check # 23011173 Total: 6,779.79
Check # 23011173 Date 2/27/2026 ALL KINDS OF SIGNS
December 2025 12/31/2025 Ultimate Advisor [email protected] 861.00 0.00 861.00 January 2026 1/31/2026 Ultimate Advisor [email protected] 1,148.00 0.00 1,148.00 Check # 23011175 Total: 2,009.00
Check # 23011175 Date 2/27/2026 ARAG
W32026Motus 2/18/2026 Feb installment 735.00 0.00 735.00 Check # 23011176 Total: 735.00
Check # 23011176 Date 2/27/2026 RYAH ARTHUR
1046953 12/2/2025 2260353 Prof Serv -Nov 2025- CEQA/COASTAL ACT (SPECIAL)- 2,135.00 0.00 2,135.00
1043713 10/31/2025 2260353 Prof Serv - Sept 2025- CEQA/COASTAL ACT (SPECIAL) 1,375.00 0.00 1,375.00
1040391 9/23/2025 2260353 PROF SERV - AUG 2025-
CEQA/COASTAL ACT (SPECIAL) 9,930.50 0.00 9,930.50
1046492 11/25/2025 2260353 PROF SERV- OCT 2025- SHAREDPROJECT WORK 1,650.00 0.00 1,650.00 Check # 23011177 Date 2/27/2026 BEST, BEST & KRIEGER, LLP City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
4 4 of 50
1040385 9/23/2025 2260353 PROF SER - AUG 2025- TELECOM
(SPECIAL) 4,548.00 0.00 4,548.00
1040390 9/23/2025 2260353 PROF SERV- AUG 25- ADV. LB
HISTORIC PRESERVATION C 4,582.45 0.00 4,582.45
1040393 9/23/2025 2260353 PROF SERV- AUG 25- ADV. LB
HISTORIC PRESERVATION C 1,634.80 0.00 1,634.80
1040395 9/23/2025 2260353 PROF SER- AUG 25- TEMPLE HILLS LAND COMPANY V. CIT 3,306.00 0.00 3,306.00
1040396 9/23/2025 2260353 PROF SER- AUG 25-MELINDA LUTHIN V. CITY OF LAGUNA 11,237.00 0.00 11,237.00
1040397 9/23/2025 2260353 PROF SER- AUG 25- 988 NORIA
STREET (HONG) 1,425.00 0.00 1,425.00
1040398 9/23/2025 2260353 PROF SERV- AUG 2025- SHAREDPROJECT WORK 923.95 0.00 923.95 1043715 10/31/2025 2260353 PROF SERV- SEPT 2025-ELECTION (SPECIAL) 945.00 0.00 945.00
1043716 10/31/2025 2260353 PROF SERV- SEPT 2025- THIRD
AVENUE APPEAL (SPECIAL 5,226.50 0.00 5,226.50
1043719 10/31/2025 2260353 PROF SERV-SEPT 25-ADV. LAGUNA BEACH HISTORIC PRESE 5,222.90 0.00 5,222.90
1043720 10/31/2025 2260353 PROF SERV- SEPT 25- ADV. LAGUNA BEACH HISTORIC PRE 1,464.94 0.00 1,464.94
1043721 10/31/2025 2260353 PROF SERV- SEPT 25- TEMPLE HILLS LAND COMPANY V. C 28,783.80 0.00 28,783.80
1051100 1/16/2026 2260353 PROF SERV- DEC 25-
CEQA/COASTAL ACT (SPECIAL) 10,550.50 0.00 10,550.50
1043722 10/31/2025 2260353 PROF SER- SEPT 25- MELINDA
LUTHIN V. CITY OF LAGUN 900.00 0.00 900.00
1043723 10/31/2025 2260353 PROF SERV- SEPT 25-988 NORIA STREET (HONG) 988.00 0.00 988.00
1046480 11/25/2025 2260353 PROF SERV- OCT 25-CEQA/COASTAL ACT (SPECIAL) 2,264.00 0.00 2,264.00
1046482 11/25/2025 2260353 PROF SERV - OCT 25- ELECTION (SPECIAL) 1,190.00 0.00 1,190.00
1046483 11/25/2025 2260353 PROF SERV- OCT 25- THIRD AVENUE APPEAL (SPECIAL) 36,021.95 0.00 36,021.95
1046487 11/25/2025 2260353 PROF SERV- OCT 25- ADV. LAGUNA BEACH HISTORIC PRES 940.50 0.00 940.50
1046488 11/25/2025 2260353 PROF SER- OCT 25- ADV. LAGUNA BEACH HISTORIC PRESE 3,213.50 0.00 3,213.50
1046954 12/2/2025 2260353 PROF SER- NOV 25-TELECOM
(SPECIAL) 6,197.50 0.00 6,197.50
1046959 12/2/2025 2260353 PROF SERV- NOV 25- ADV. LAGUNA BEACH HISTORIC PRES 992.50 0.00 992.50
1046960 12/2/2025 2260353 PROF SER- NOV 25- ADV. LAGUNA BEACH HISTORIC PRESE 10,467.00 0.00 10,467.00
1046961 12/2/2025 2260353 PROF SER- NOV 25- LAGUNA BEACH COMPANY V. CITY OF 2,255.00 0.00 2,255.00
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
5 5 of 50
1051101 1/16/2026 2260353 PROF SERV- DEC 25- TELECOM
(SPECIAL) 1,855.00 0.00 1,855.00
1051102 1/16/2026 2260353 PROF SERV- DEC 25- REAL ESTATE (SPECIAL) 2,485.00 0.00 2,485.00
1051103 1/16/2026 2260353 PROF SERV- DEC 25-ELECTION
(SPECIAL) 2,625.00 0.00 2,625.00
1051107 1/16/2026 2260353 PROF SERV- DEC 25- ADV. LAGUNA BEACH HISTORIC PRES 8,026.04 0.00 8,026.04
Check # 23011177 Total: 175,362.33
1037479 8/20/2025 2260353 PROF SERV- JULY 2025- CEQA
PROJECT 5 391.50 0.00 391.50
1040387 9/23/2025 2260353 PROF SER - AUG 2025- CEQA
PROJECT 5 109.15 0.00 109.15
1040389 9/23/2025 2260353 PROF SER- AUG 25- FIRE
(FOUNDATION FOR INDIVIDUAL 85.50 0.00 85.50
1043717 10/31/2025 2260353 PROF SERV- SEPT 25- LABOR AND EMPLOYMENT (SPECIAL) 875.00 0.00 875.00
1043718 10/31/2025 2260353 PROF SER- SEPT 25- FIRE
(FOUNDATION FOR INDIVIDUAL 35.00 0.00 35.00
1046484 11/25/2025 2260353 PROF SERV- OCT 25- CEQA
PROJECT 5 185.40 0.00 185.40
1046485 11/25/2025 2260353 PROF SERV- OCT 25-LABOR AND
EMPLOYMENT (SPECIAL) 175.00 0.00 175.00
1046489 11/25/2025 2260353 PROF SERV- OCT 25- TEMPLE HILLS LAND COMPANY V. CI 105.00 0.00 105.00
1046490 11/25/2025 2260353 PROF SER- OCT 25- 988 NORIA
STREET (HONG) 228.00 0.00 228.00
1046491 11/25/2025 2260353 PROF SER- OCT 25- ADV. GITTI EL BEN CASE NO. 3:25- 237.60 0.00 237.60
1046955 12/2/2025 2260353 PROF SER- NOV 25- REAL ESTATE (SPECIAL) 716.50 0.00 716.50
1046956 12/2/2025 2260353 PROF SERV- NOV 25- THIRD AVENUE APPEAL (SPECIAL) 301.00 0.00 301.00
1046957 12/2/2025 2260353 PROF SER- NOV 25- CEQA PROJECT 5 105.35 0.00 105.35
1046962 12/2/2025 2260353 PROF SER- NOV 25- TEMPLE HILLS LAND COMPANY V. CIT 140.00 0.00 140.00
1046963 12/2/2025 2260353 PROF SER- NOV 25- 988 NORIA
STREET (HONG) 541.50 0.00 541.50
1051105 1/16/2026 2260353 PROF SER- DEC 25- CEQA PROJECT 5 89.65 0.00 89.65
1051099 1/16/2026 2260353 PROF SERV- DEC 25- GENERAL -
SPECIAL 35.00 0.00 35.00
1051106 1/16/2026 2260353 PROF SERV- DEC 25-LABOR AND
EMPLOYMENT (SPECIAL) 105.00 0.00 105.00
Check # 23011178 Date 2/27/2026 BEST, BEST & KRIEGER, LLP City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
6 6 of 50
1051108 1/16/2026 2260353 PROF SERV- DEC 25- LAGUNA
BEACH COMPANY V. CITY OF 142.50 0.00 142.50
1051109 1/16/2026 2260353 PROF SER- DEC 25-TEMPLE HILLS LAND COMPANY V. CITY 28.50 0.00 28.50
1051110 1/16/2026 2260353 PROF SER- DEC 25- 988 NORIA
STREET (HONG) 554.50 0.00 554.50
Check # 23011178 Total: 5,186.65
Boyd.2.17.26 2/17/2026 Audit Jan and Feb Winter 2026 payment 864.50 0.00 864.50 Check # 23011179 Total: 864.50
Check # 23011179 Date 2/27/2026 ROBERTA BOYD
34323 2/16/2026 RJ - Plumbing Stock 444.07 0.00 444.07
Check # 23011180 Total: 444.07
Check # 23011180 Date 2/27/2026 CALIFORNIA PLUMBING PARTS 5481 2/2/2026 2260250 Mobile car wash and detailing
servicesJan26 3,775.00 0.00 3,775.00
Check # 23011181 Total: 3,775.00
Check # 23011181 Date 2/27/2026 CAR FIRST HOME MOBILE DETAIL 37010 2/20/2026 Payroll Run 1 - Warrant 260220 530.77 0.00 530.77 Check # 23011182 Total: 530.77
Check # 23011182 Date 2/27/2026 JONI R. CHINTALA
37011 2/20/2026 Payroll Run 1 - Warrant 260220 2,011.49 0.00 2,011.49 Check # 23011183 Total: 2,011.49
Check # 23011183 Date 2/27/2026 CIGNA HEALTH AND LIFE INSURANCE 3669371 1/20/2026 Coverage for February 2026 605,847.07 0.00 605,847.07 Check # 23011184 Total: 605,847.07
Check # 23011184 Date 2/27/2026 CIGNA HEALTH AND LIFE INSURANCE 363046 1/31/2026 January CivicRec software fees 1,523.35 0.00 1,523.35 Check # 23011185 Total: 1,523.35
Check # 23011185 Date 2/27/2026 CIVICPLUS, LLC
1012 2/6/2026 TP_Fire Station 4 Replacement/Bird
Survey 700.00 0.00 700.00
26 1/30/2026 2250451 PS_CIP 21-107 Anita St Sewer LS &
Beach Access 880.00 0.00 880.00
Check # 23011186 Total: 1,580.00
Check # 23011186 Date 2/27/2026 CJ BIOMONITORING
Check # 23011187 Date 2/27/2026 COMPLETE OFFICE OF CALIFORNIA, INC City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
7 7 of 50
4294593-0 2/18/2026 Copier Paper for the City 1,431.57 0.00 1,431.57 Check # 23011187 Total: 1,431.57
1575487 2/10/2026 FSA Administration January 2026 665.50 0.00 665.50 1535741 1/9/2026 FSA Administration December 2025 597.00 0.00 597.00 1479338 12/10/2025 FSA Administration November 2025 597.00 0.00 597.00 Check # 23011188 Total: 1,859.50
Check # 23011188 Date 2/27/2026 COBRA PROFESSIONALS, INC.

F260039 2/2/2026 2260096 Fire Plan Review Services - January 2026 804.00 0.00 804.00
Check # 23011189 Total: 804.00
Check # 23011189 Date 2/27/2026 CSG CONSULTANTS, INC.

INV1346625 2/11/2026 PD nitrile gloves 635.74 0.00 635.74 Check # 23011191 Total: 635.74
Check # 23011191 Date 2/27/2026 DASH MEDICAL GLOVES, INC BE006931322C 2/5/2026 Delta Dental Jan 30-Feb 5, 2026 6,273.70 0.00 6,273.70 BE006934578C 2/12/2026 Delta Dental Feb 6-Feb 12, 2026 4,898.60 0.00 4,898.60 Check # 23011192 Total: 11,172.30
Check # 23011192 Date 2/27/2026 DELTA DENTAL OF CALIFORNIA 202510125 12/1/2025 2260160 TP_ Forest Avenue Tree Assessment at the Promenade 780.00 0.00 780.00
Check # 23011193 Total: 780.00
Check # 23011193 Date 2/27/2026 DUDEK & ASSOCIATES
SINV10032264 2/1/2026 H&W Administration 2,250.75 0.00 2,250.75 Check # 23011194 Total: 2,250.75
Check # 23011194 Date 2/27/2026 EMPYREAN BENEFIT SOLUTIONS, INC. 6528 2/1/2026 SART EXAM MCNEALLY 1,700.00 0.00 1,700.00 Check # 23011195 Total: 1,700.00
Check # 23011195 Date 2/27/2026 FORENSIC NURSE SPECIALISTS, INC.

V0000329093 2/1/2026 Auto Desktop w Recorder Maint. 4/1/26- 3/31/27 2,160.38 0.00 2,160.38
Check # 23011196 Total: 2,160.38
Check # 23011196 Date 2/27/2026 FORTRA, LLC
INV-0913 1/1/2026 2260092 Smart Guidance System July 2025 to April 2026 388.08 0.00 388.08
Check # 23011197 Date 2/27/2026 FROGPARKING INC
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
8 8 of 50
INV-0912 1/1/2026 2260092 Smart Guidance System Payment 3 of 3 35,275.29 0.00 35,275.29 INV-0912-1 1/1/2026 Smart Guidance System - bal on
INV0912 #3 of 3 0.01 0.00 0.01
Check # 23011197 Total: 35,663.38
033137184 11/12/2025 MS - Tie Bars 116.37 0.00 116.37
Check # 23011198 Total: 116.37
Check # 23011198 Date 2/27/2026 GALLS, LLC
040654356 1/27/2026 RJ - Maintenance supplies 23.66 0.00 23.66 040654710 1/28/2026 RJ - Paint for Station 2 109.05 0.00 109.05 040652801 1/26/2026 RJ - Boardwalk Boards 622.75 0.00 622.75 040653544 1/21/2026 RJ - PPE for maintenance staff 15.06 0.00 15.06 040654313 1/27/2026 RJ - Maintenance Tools 30.16 0.00 30.16 040654443 1/27/2026 RJ - Maintenance Supplies for Station 2 43.70 0.00 43.70 040654531 1/28/2026 RJ - Bluebird Park Bench 276.32 0.00 276.32 040654832 1/29/2026 RJ - Maintenance Supplies 35.19 0.00 35.19 040654872 1/29/2026 RJ - bench build for Heisler 276.32 0.00 276.32 040655053 1/30/2026 RJ - Maintenance supplies 124.35 0.00 124.35 040655315 2/2/2026 RJ - Maintenance supplies 10.75 0.00 10.75 040655337 2/2/2026 (RJ) E-Waste Keys 17.72 0.00 17.72
040655345 2/3/2026 RJ - batting cage outlets at Riddle Field 15.06 0.00 15.06 040655432 2/3/2026 RJ - Men's toilet at Riddle Field 19.37 0.00 19.37 040655497 2/3/2026 RJ - Bench boards 21.54 0.00 21.54
040656009 2/6/2026 RJ - Community Development vault 64.17 0.00 64.17 040654081 1/24/2026 RJ - Street division supplies 24.77 0.00 24.77 040655961 2/6/2026 RJ - Street division supplies 29.05 0.00 29.05 040656089 2/6/2026 RJ - Street Division supplies 9.69 0.00 9.69 040655646 2/4/2026 Quick Snap Swivel; snap opening;tape 10.32 0.00 10.32 040656657 2/11/2026 RJ - Maintenance Supplies 84.73 0.00 84.73 040656711 2/11/2026 RJ - Maintenance supplies 81.27 0.00 81.27 040651789 1/8/2026 RJ - WW Maintenance supplies 131.27 0.00 131.27 040654766 1/29/2026 RJ - City Hall Vault 101.80 0.00 101.80 040657339 2/17/2026 ASL Restroom Repairs 53.93 0.00 53.93 Check # 23011199 Total: 2,232.00
Check # 23011199 Date 2/27/2026 GANAHL LUMBER COMPANY
198243 2/3/2026 2260228 PS_ CIP C2602 Hagan Place Stairs & Susi Q Trellis 15,707.50 0.00 15,707.50
Check # 23011200 Total: 15,707.50
Check # 23011200 Date 2/27/2026 HR GREEN INC
Check # 23011201 Date 2/27/2026 ICF CONSULTING GROUP, INC City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
9 9 of 50
2025-451693 1/20/2026 2250040 TP_CIP 24-9225 Fleet Electrification & Charging 619.47 0.00 619.47
Check # 23011201 Total: 619.47
3177465 1/6/2026 RJ - Aliso lot post repair 131.69 0.00 131.69 Check # 23011202 Total: 131.69
Check # 23011202 Date 2/27/2026 INDUSTRIAL METAL SUPPLY CO INV121489 1/31/2026 2260090 IPS Permit Portal PTMS Mo. Fee Jan 2026 1,650.00 0.00 1,650.00
Check # 23011203 Total: 1,650.00
Check # 23011203 Date 2/27/2026 IPS GROUP, INC.
4506386 2/16/2026 HR & Risk Manager Ad 349.00 0.00 349.00 Check # 23011205 Total: 349.00
Check # 23011205 Date 2/27/2026 JOBELEPHANT.COM INC
Garman.2.17.26 2/17/2026 Drum Session 1 winter 2026 152.76 0.00 152.76 Check # 23011206 Total: 152.76
Check # 23011206 Date 2/27/2026 KAREN GARMAN
104138734 1/30/2026 AB - Transit supplies 433.72 0.00 433.72 104160838 2/6/2026 AB - Transit supplies 353.97 0.00 353.97 104181884 2/13/2026 AB - Transit Supplies 466.21 0.00 466.21 Check # 23011207 Total: 1,253.90
Check # 23011207 Date 2/27/2026 MIDWEST MOTOR SUPPLY CO KIMBALL MIDWEST KDA.W26.75 2/5/2026 75% installment of Winter 2026 9,655.88 0.00 9,655.88 Check # 23011208 Total: 9,655.88
Check # 23011208 Date 2/27/2026 PAULINE ROSS KYNE
789996693 2/9/2026 K9 Cooper vet visit 2.9.26 298.17 0.00 298.17 Check # 23011209 Total: 298.17
Check # 23011209 Date 2/27/2026 PATHWAY VET ALLIANCE HOLDING LLC 37012 2/20/2026 Payroll Run 1 - Warrant 260220 4,671.20 0.00 4,671.20 Check # 23011210 Total: 4,671.20
Check # 23011210 Date 2/27/2026 LAGUNA BEACH FIRE ASSOCIATION 37013 2/20/2026 Payroll Run 1 - Warrant 260220 716.46 0.00 716.46 Check # 23011211 Total: 716.46
Check # 23011211 Date 2/27/2026 LAGUNA BEACH MARINE SAFETY ASSN Check # 23011212 Date 2/27/2026 LAGUNA BEACH MUNICIPAL EMPLOYEES City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
10 10 of 50
37014 2/20/2026 Payroll Run 1 - Warrant 260220 453.45 0.00 453.45 Check # 23011212 Total: 453.45
37016 2/20/2026 Payroll Run 1 - Warrant 260220 225.00 0.00 225.00 Check # 23011213 Total: 225.00
Check # 23011213 Date 2/27/2026 LAGUNA BEACH POLICE & FIRE MANAGEMENT ASSOCIATION 37017 2/20/2026 Payroll Run 1 - Warrant 260220 5,232.57 0.00 5,232.57 Check # 23011214 Total: 5,232.57
Check # 23011214 Date 2/27/2026 LAGUNA BEACH POLICE ASSOCIATION 2033042 12/15/2025 Paramedic Medical Supplies 26.14 0.00 26.14 1523181 10/25/2024 Credit for returned medical supplies (140.08) 0.00 (140.08) 1594415 4/29/2025 Credit for returned medical supplies (122.68) 0.00 (122.68) 1634365 9/3/2025 Credit for returned medical supplies (133.83) 0.00 (133.83) 92651FD-021526 2/15/2026 Paramedical Medical Supplies 4,241.30 0.00 4,241.30 Check # 23011215 Total: 3,870.85
Check # 23011215 Date 2/27/2026 LIFE-ASSIST, INC.
2026-0002 1/26/2026 Background investigation BLawsin 2,245.56 0.00 2,245.56 Check # 23011216 Total: 2,245.56
Check # 23011216 Date 2/27/2026 LISA MATTEROLI
123489363 2/3/2026 Retail Consulting Services (LoopLink)- Feb. 2026 395.00 0.00 395.00
Check # 23011217 Total: 395.00
Check # 23011217 Date 2/27/2026 COSTAR REALTY INFORMATION, INC LOOPNET 123505141 2/4/2026 Retail Consulting Svcs(CoStar Suite)- Feb. 2026 942.74 0.00 942.74
Check # 23011218 Total: 942.74
Check # 23011218 Date 2/27/2026 COSTAR REALTY INFORMATION, INC 017609460 2/1/2026 Newspaper Publishing - January 2026 1,751.40 0.00 1,751.40 Check # 23011219 Total: 1,751.40
Check # 23011219 Date 2/27/2026 LOS ANGELES TIMES COMMUNICATIONS W42026AndrewM 2/18/2026 Second Feb Payment 7,143.77 0.00 7,143.77 Check # 23011220 Total: 7,143.77
Check # 23011220 Date 2/27/2026 ANDREW MATELJAN
IN2406507 12/22/2025 Rescue Tool Battery Cutter Service 442.22 0.00 442.22 IN2423716 1/21/2026 Annual SCBA Flow Testing 2,209.86 0.00 2,209.86 Check # 23011221 Date 2/27/2026 MES I AQUISITION INC.

City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
11 11 of 50
Check # 23011221 Total: 2,652.08
W42026USK8 2/17/2026 Remaining Feb payment 726.25 0.00 726.25 Check # 23011222 Total: 726.25
Check # 23011222 Date 2/27/2026 ERIC MICKELSON
858355 1/27/2026 (RJ) 970.7 gallons propane @
$1.68/gallon 1,625.95 0.00 1,625.95
860423 2/3/2026 (RJ) 84.9 gallons propane @
$2.04/gallon 1,717.96 0.00 1,717.96
861955 2/10/2026 (RJ) 699.3 gallons propane @ $1.68/gal 1,174.29 0.00 1,174.29 862874 2/16/2026 (RJ) 650 gallons propane @ $1.68/gal 1,092.24 0.00 1,092.24 Check # 23011223 Total: 5,610.44
Check # 23011223 Date 2/27/2026 MUTUAL PROPANE MUTUAL LIQUID GAS & EQUIPMENT CO 457678838001 1/30/2026 RJ - Office Supplies 12.24 0.11 12.13 457672966001 1/30/2026 RJ - Office Supplies 161.34 4.50 159.84 458431845001 2/4/2026 Memo Books; Colored Paper; Kleenex for Rec 74.57 0.00 74.57
Check # 23011224 Total: 246.54
Check # 23011224 Date 2/27/2026 ODP BUSINESS SOLUTIONS, LLC I-20015769 1/20/2026 Dividers & Labels (Code Enforcement) 70.41 0.00 70.41 Check # 23011225 Total: 70.41
Check # 23011225 Date 2/27/2026 OFFICE SOLUTIONS
01062026 1/6/2026 2260006 PD Uniform Dry Cleaning Jan 2026 1,247.40 0.00 1,247.40 Check # 23011226 Total: 1,247.40
Check # 23011226 Date 2/27/2026 POWER PROFESSIONAL CLEANERS CORP. 63072648 2/5/2026 Towel Cleaning Services 259.31 0.00 259.31 63074463 2/12/2026 Towel Cleaning Services 259.31 0.00 259.31 Check # 23011227 Total: 518.62
Check # 23011227 Date 2/27/2026 PRUDENTIAL OVERALL SUPPLY 90112 1/14/2026 PRE EMPLOYMENT EVALS KHANKS 462.00 0.00 462.00 90503 1/30/2026 Pre-employment background SCariago 462.00 0.00 462.00 90512 2/5/2026 Pre-Employment evals 1,386.00 0.00 1,386.00 Check # 23011228 Total: 2,310.00
Check # 23011228 Date 2/27/2026 PSYCHOLOGICAL CONSULTING ASSOCIATES, INC 298615 2/5/2026 Annual subscription for K9 alert system 336.00 0.00 336.00 Check # 23011229 Total: 336.00
Check # 23011229 Date 2/27/2026 RADIOTRONICS, INC
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
12 12 of 50
W32026IgnitePB 2/17/2026 Feb installment 261.80 0.00 261.80 Check # 23011230 Total: 261.80
Check # 23011230 Date 2/27/2026 NICOLAS RADISAY
71953 2/6/2026 2260325 Aliso Estuary Restoration Project 5,614.75 0.00 5,614.75 Check # 23011231 Total: 5,614.75
Check # 23011231 Date 2/27/2026 RINCON CONSULTANTS, INC 377219 2/3/2026 AB - Transit Stock 1,110.78 0.00 1,110.78 377334 2/3/2026 RJ - Fire Engine F12.01 1,645.99 0.00 1,645.99 377345 2/3/2026 RJ - Fire Engine F12.01 54.00 0.00 54.00 377359 2/3/2026 AB - Transit Stock 1,367.75 0.00 1,367.75 377369 2/5/2026 RJ - Marine Safety Wave 2 86.72 0.00 86.72 377383 2/5/2026 RJ - Streets B4 106.03 0.00 106.03
377390 2/5/2026 RJ - Street sweeper 153 536.49 0.00 536.49 377395 2/5/2026 RJ - Fleet Shop Suppleis 46.12 0.00 46.12 377402 2/10/2026 RJ - Streets B4 79.11 0.00 79.11
377415 2/6/2026 RJ - Streets B4 Exhaust 86.52 0.00 86.52 377434 2/6/2026 RJ - Street Sweeper #153 206.82 0.00 206.82 377440 2/6/2026 AB - Transit Stock 104.10 0.00 104.10
377483 2/10/2026 RJ - Streets #153 124.43 0.00 124.43
377485 2/10/2026 RJ - Fleet shop supplies 38.68 0.00 38.68 377513 2/11/2026 AB - Transit Stock 235.86 0.00 235.86
CM377359 2/4/2026 AB - CREDIT - PART RETURN (209.47) 0.00 (209.47) 377625 2/17/2026 RJ - Fleet Shop stock 248.74 0.00 248.74 377624 2/17/2026 RJ - Fleet Shop supplies 477.17 0.00 477.17 376675 2/18/2026 AB - Transit Stock 82.70 0.00 82.70
Check # 23011232 Total: 6,428.54
Check # 23011232 Date 2/27/2026 RINCON TRUCK CENTER INC 26-0027 1/30/2026 2260257 (RJ) ASL Door Replacement 9,564.00 0.00 9,564.00 Check # 23011234 Total: 9,564.00
Check # 23011234 Date 2/27/2026 LAGUNA CONSTRUCTION & BUILDERS SFS 4364 1/23/2026 RJ - Streets division materials 1,325.56 0.00 1,325.56 Check # 23011235 Total: 1,325.56
Check # 23011235 Date 2/27/2026 SHARPLINE SOLUTIONS
26-012 2/5/2026 2260248 Crime Analysis Consulting- Month 2 8,000.00 0.00 8,000.00 Check # 23011236 Total: 8,000.00
Check # 23011236 Date 2/27/2026 LORRAINE VELARDE
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
13 13 of 50
30632350 2/1/2026 2260290 Professional Leadership Srvcs JAN2026 4,500.00 0.00 4,500.00 Check # 23011237 Total: 4,500.00
Check # 23011237 Date 2/27/2026 TRACY MILLER CONSULTING, INC 364381563 1/30/2026 RJ - Corp Yard system diagnosis 326.00 0.00 326.00 364348702 1/30/2026 RJ - 479 top off refrigerant 969.00 0.00 969.00 364346850 1/30/2026 RJ - PD HVAC Repair 1,012.50 0.00 1,012.50 364188180 1/28/2026 RJ - 479 HVAC Repair 1,778.00 0.00 1,778.00 364181633 2/6/2026 2260344 RJ -HVAC service @ 479 - Replace leaking evaporato 8,825.00 0.00 8,825.00
362695287 1/9/2026 RJ - Boiler Service for Susi Q 489.00 0.00 489.00 Check # 23011238 Total: 13,399.50
Check # 23011238 Date 2/27/2026 TRITON AIR, INC
INV-5881679 1/30/2026 RJ - Corp Yard Portables 331.02 0.00 331.02 INV-5915828 2/17/2026 RJ - Dog Park Portables 308.75 0.00 308.75 Check # 23011239 Total: 639.77
Check # 23011239 Date 2/27/2026 UNITED SITE SERVICES OF CALIFORNIA, INC 63901 2/9/2026 PD BADGE CINTAS 294.20 0.00 294.20
63839 2/3/2026 PD BADGE AMENTA 135.57 0.00 135.57
63836 2/3/2026 PD BADGE SPREINE 60.29 0.00 60.29
63834 2/3/2026 PD BADGE PURCELL 60.29 0.00 60.29
63835 2/3/2026 PD BADGE WORKMAN 71.06 0.00 71.06
Check # 23011240 Total: 621.41
Check # 23011240 Date 2/27/2026 V & V MANUFACTURING, INC.

January 2026 1/29/2026 Pet Insurance - January 2026 1,618.52 0.00 1,618.52 Check # 23011241 Total: 1,618.52
Check # 23011241 Date 2/27/2026 NATIONWIDE VETERINARY PET INSURANCE COMPANY Q4 2025 SM&C 2/12/2026 Sales, Marketing & Communications 152,621.14 0.00 152,621.14 Q4 2025 A&O 2/12/2026 Admin & Operations 61,048.45 0.00 61,048.45 Q4 2025 C&ES 2/12/2026 Cultural & Environmental Sustainability 50,873.71 0.00 50,873.71 Check # 23011242 Total: 264,543.30
Check # 23011242 Date 2/27/2026 VISIT LAGUNA BEACH
655061C 1/31/2026 RJ - Monthly pest control (Jan.2026) 3,614.45 0.00 3,614.45 Check # 23011243 Total: 3,614.45
Check # 23011243 Date 2/27/2026 RENTOKIL - WESTERN EXTERMINATOR COMPANY 0002305482-IN 1/31/2026 Cobra Monthly January 2026 482.50 0.00 482.50 Check # 23011244 Date 2/27/2026 WEX HEALTH, INC.

City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
14 14 of 50
Check # 23011244 Total: 482.50
2512025 1/22/2026 2260148 Billing Svcs-Ambulance Prgrm-FY 2026 (DEC2025) 6,622.24 0.00 6,622.24
Check # 23011245 Total: 6,622.24
Check # 23011245 Date 2/27/2026 WITTMAN ENTERPRISES, LLC 22079 2/3/2026 Motorola Extra Radio Parts 244.69 0.00 244.69 Check # 23011246 Total: 244.69
Check # 23011246 Date 2/27/2026 10-8 RETROFIT INC
INV446855 1/28/2026 RJ - Wastewater #200 202.04 0.00 202.04 INV447191 2/4/2026 RJ - Parts for Fire Engine F25.01 354.18 0.00 354.18 Check # 23011247 Total: 556.22
Check # 23011247 Date 2/27/2026 ADAMSON POLICE PRODUCTS 1RL3-HDMJ-CDDX 1/27/2026 2260309 RJ - Office Supplies 29.08 0.00 29.08 1VVJ-3WTP-QWYJ 1/12/2026 2260309 RJ - Rain Jacket 49.55 0.00 49.55 1NP6-MVCQ-MT1N 2/4/2026 2260282 MS - Amazon Business Account - Maintenance Supplie 71.64 0.00 71.64
1JVG-7JPH-WR9X 2/9/2026 2260326 CRC Admin Supplies 58.14 0.00 58.14 1TF4-K6M4-HJV1 2/5/2026 2260326 CRC Admin Supplies 32.99 0.00 32.99 1K9X-Y6VM-R46X 2/9/2026 2260309 RJ - Streets Division Tools 102.31 0.00 102.31 1MV9-NCRK-KC3L 2/10/2026 2260306 Two american flags, heavy duty 122.72 0.00 122.72 13NK-KLK1-QH1P 2/9/2026 2260306 Probiotics supplement for dogs 25.63 0.00 25.63 11QH-DDLR-M9DG 2/5/2026 2260306 Stop/Slow sign with handle 46.02 0.00 46.02 1JXD-6471-YHN3 2/6/2026 2260306 Portable USB speaker for meetings 94.97 0.00 94.97 1KH1-VNK7-DNQJ 2/11/2026 2260282 MS - Amazon Business Account - Office Supplies 117.57 0.00 117.57
1FPH-YQQG-HJWD 2/12/2026 2260326 Station Supplies-Fuel 126.72 0.00 126.72 1YQY-L7LC-1DC7 2/11/2026 2260326 Station Supplies-Battery 368.45 0.00 368.45 1FXX-C4QL-DKFL 2/16/2026 2260326 Station Equipment and Supplies 978.58 0.00 978.58 1W4N-XW1L-YC4P 2/12/2026 2260306 Duty gun oil and lithium batteries 427.31 0.00 427.31 17CX-4T7Y-39CG 1/8/2026 1 KEXIN 10 Pack 16GB Flash Drive Thumb Drive 16G B 66.46 0.00 66.46
1J4X-J311-73NV 2/11/2026 2260306 14-pack of acrylic sign holders 33.77 0.00 33.77 16QX-C41Y-H6KY 2/11/2026 2260306 Car brake lightbulbs 74.90 0.00 74.90 1MV6-QY9D-PK97 2/17/2026 2260306 200 count lens wipes for camera lens, goggles 208.49 0.00 208.49
1TYT-9FRN-3DWG 2/12/2026 2260309 TP_ Materials and Supplies - Batteries, PW Permit 43.48 0.00 43.48
1HTJ-MRRW-7N41 2/17/2026 2260316 Transit Amazon - PNO supplies 73.62 0.00 73.62 1J4X-J311-74Y6 2/11/2026 2260309 TP_Batteries & PW Permit Sign Holder 43.48 0.00 43.48 Check # 23011248 Date 2/27/2026 AMAZON CAPITAL SERVICES City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
15 15 of 50
13WK-RY1F-D4JC 2/17/2026 2260309 TP_ Stickers for BB Cyn UD 2020-2 52.05 0.00 52.05 1WH1-XCQT-P7N4 2/7/2026 2260310 City Clerk Amazon - spring water 57.98 0.00 57.98 1CFN-MP6H-G9TF 2/17/2026 2260310 City Clerk Amazon - Snack Pack Mix 45.13 0.00 45.13 117F-KVQ3-764F 2/12/2026 2260310 City Clerk Amazon - Purified Bottled Water 63.08 0.00 63.08
1LCG-9VGR-DGPK 2/13/2026 2260309 Credit Memo - Never received items (43.48) 0.00 (43.48) 1CPN-Y7FQ-VFVK 2/9/2026 2260318 Meeting signs and paperclips 28.59 0.00 28.59 1KDF-1XMT-FWRM 2/5/2026 2260318 Copy stamp, rubber bands, bandages 94.37 0.00 94.37 1JXD-6471-GFWV 2/5/2026 2260318 Glass Dry Erase Board, Air Purifiers, Air Filters 178.68 0.00 178.68
1RJF-7NJG-WCC9 2/9/2026 2260318 Snack Variety Pack, Mixed Nuts, Assorted Chocolate 58.57 0.00 58.57
1YQY-L7LC-9RCD 2/11/2026 2260318 Boxed water for boards/commissions 29.95 0.00 29.95 Check # 23011248 Total: 3,760.80
1X9G-WCXG-VG1X 2/9/2026 2260326 CRC Admin Supplies 19.36 0.00 19.36 1NKH-PWGK-7QJJ 2/6/2026 2260306 Waterproof rubber aprons 17.39 0.00 17.39 1VKL-VF34-DTDH 2/6/2026 2260306 Credit for trailer gate spring latch returned (13.19) 0.00 (13.19)
1W69-PQVQ-GGLX 2/13/2026 2260326 Fire Prevention Supplies 7.42 0.00 7.42 1TKT-7VQV-CCQQ 2/11/2026 2260306 Universal smart TV remote control replacement 9.56 0.00 9.56
14MK-V6C3-6TT7 2/12/2026 2260306 extension cord ends replacement 10.76 0.00 10.76 1HXQ-PRF4-N47H 2/13/2026 2260306 digital thermometer with external sensor 9.59 0.00 9.59 Check # 23011249 Total: 60.89
Check # 23011249 Date 2/27/2026 AMAZON CAPITAL SERVICES 1221 2/13/2026 Deposit 2026 Summer Movies in the
Park 1,296.00 0.00 1,296.00
Check # 23011250 Total: 1,296.00
Check # 23011250 Date 2/27/2026 AMBISON J CORDERO
TMT114-006 12/15/2025 40 hour Tactical Medicine Technician 5,500.00 0.00 5,500.00 Check # 23011251 Total: 5,500.00
Check # 23011251 Date 2/27/2026 AMERICAN 3B SCIENTIFIC
SI-380117-1 12/1/2025 RJ - Landscape plant material 844.20 0.00 844.20 WEB-756489 1/20/2026 RJ - Landscape maintenance materials 1,170.98 0.00 1,170.98 Check # 23011252 Total: 2,015.18
Check # 23011252 Date 2/27/2026 ARMSTRONG GROWERS
335253310316630226 2/7/2026 Radio Backup circuits Feb2026 81.43 0.00 81.43 Check # 23011253 Total: 81.43
Check # 23011253 Date 2/27/2026 AT&T
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
16 16 of 50
287258632257X011826 1/10/2026 MS - iPad Charges/Telephone 83.31 0.00 83.31 Check # 23011254 Total: 83.31
Check # 23011254 Date 2/27/2026 AT&T MOBILITY
INUS396380 11/15/2025 2260130 AXON Services FY 25-26 In-Car Video 55,311.38 0.00 55,311.38 Check # 23011255 Total: 55,311.38
Check # 23011255 Date 2/27/2026 AXON ENTERPRISE, INC
804368 2/5/2026 Org chart names 82.00 0.00 82.00
Check # 23011256 Total: 82.00
Check # 23011256 Date 2/27/2026 BADGE FRAME, INC
115971 2/12/2026 RJ - Landscape maintenance supplies 103.27 0.00 103.27 Check # 23011257 Total: 103.27
Check # 23011257 Date 2/27/2026 BEST LAWNMOWER, INC.

W12026Bionerds 2/18/2026 Ski Week camp full payment 1,386.70 0.00 1,386.70 Check # 23011258 Total: 1,386.70
Check # 23011258 Date 2/27/2026 BIONERDS
26020323 2/6/2026 2260295 PS_CIP C2408 Diver's Cove Beach Access Improvement 1,065.00 0.00 1,065.00
26020324 2/6/2026 2260296 PS_CIP C2607 Fisherman's Cove Beach Access Improv. 1,065.00 0.00 1,065.00
Check # 23011259 Total: 2,130.00
Check # 23011259 Date 2/27/2026 BKF ENGINEERS
86094556 2/10/2026 Paramedic Medical Supplies 69.16 0.00 69.16 86101101 2/16/2026 Paramedic Medical Supplies 138.48 0.00 138.48 Check # 23011260 Total: 207.64
Check # 23011260 Date 2/27/2026 BOUND TREE MEDICAL, LLC INV-00004585 2/11/2026 RJ - Street Sweeper #163 1,580.16 0.00 1,580.16 INV-00004485 1/28/2026 RJ - Street Sweepers 4,903.84 0.00 4,903.84 Check # 23011261 Total: 6,484.00
Check # 23011261 Date 2/27/2026 BUCHER MUNICIPAL NORTH AMERICA, INC 021607 2/5/2026 Fingerprint apps JAN 2026 793.00 0.00 793.00 Check # 23011262 Total: 793.00
Check # 23011262 Date 2/27/2026 CASHIER CA STATE DEPT OF JUSTICE 37015 2/20/2026 Payroll Run 1 - Warrant 260220 1,510.82 0.00 1,510.82 Check # 23011263 Date 2/27/2026 CA STATE DISBURSEMENT UNIT City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
17 17 of 50
Check # 23011263 Total: 1,510.82
L1742502960 1/28/2025 Unemployment Insurance Oct 1, - Dec 31, 2025 6,677.00 0.00 6,677.00
Check # 23011264 Total: 6,677.00
Check # 23011264 Date 2/27/2026 CA STATE EMPLOYMENT DEVELOPMENT DEPT 170049283 10/21/2025 Credit (120.00) 0.00 (120.00)
60019753 1/26/2026 Vehicle batteries 1,643.77 0.00 1,643.77 20161100 2/5/2026 Batteries for PD fleet 528.52 0.00 528.52 60019782 2/2/2026 RJ - Fleet Shop Stock 180.29 20.00 160.29 60019783 2/2/2026 RJ - CREDIT (480.00) 0.00 (480.00)
230070504 2/3/2026 AB - Transit stock 618.76 120.00 498.76 Check # 23011265 Total: 2,231.34
Check # 23011265 Date 2/27/2026 INTERSTATE BATTERIES OF CALIFORNIA COAST INC. 008-LAGUNA 2/11/2026 2260273 (AM) HD43 Grant Administration Services 955.00 0.00 955.00
Check # 23011266 Total: 955.00
Check # 23011266 Date 2/27/2026 CALIFORNIA PRODUCT STEWARDSHIP COUNCIL 25954 1/31/2026 2260040 RJ_ Pool Maintenance Services (Jan 2026) 1,100.00 0.00 1,100.00
Check # 23011267 Total: 1,100.00
Check # 23011267 Date 2/27/2026 CALIFORNIA WATERS DEVELOPMENT INC. 09370023 1/31/2026 RJ - Welding gas for Fleet Shop 224.70 0.00 224.70 Check # 23011268 Total: 224.70
Check # 23011268 Date 2/27/2026 CAMERON WELDING SUPPLY
SOC309151 2/2/2026 CRC Fire Coffee Services 170.91 0.00 170.91 SOC310200 2/1/2026 CRC Fire Coffee Services 26.50 0.00 26.50 Check # 23011269 Total: 197.41
Check # 23011269 Date 2/27/2026 COMPASS GROUP USA, INC. 01222026 1/22/2026 DUI SEMINAR TBrakke 620.00 0.00 620.00 Check # 23011270 Total: 620.00
Check # 23011270 Date 2/27/2026 WILLIAM CAVENAUGH CAVENAUGH & ASSOCIATES CY2025 2/24/2026 CY2025 - CDTFA SALES TAX
PAYABLE 5,443.02 0.00 5,443.02
Check # 23011271 Total: 5,443.02
Check # 23011271 Date 2/27/2026 CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATIO City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
18 18 of 50
37974 6/4/2025 2260118 DT-000281PL Professional Svcs (2400 Juanita Way) 763.40 0.00 763.40
38092 8/20/2025 2260118 DT-000281PL Professional Svcs (2400 Juanita Way) 5,750.50 0.00 5,750.50
38143 9/19/2025 2260118 DT-000281PL Professional Svcs (2400 Juanita Way) 12,990.00 0.00 12,990.00
38330 12/16/2025 2260118 DT-000281PL Professional Svcs (2400 Juanita Way) 17,640.00 0.00 17,640.00
Check # 23011272 Total: 37,143.90
Check # 23011272 Date 2/27/2026 CHAMBERS GROUP
712269-1 5/14/2025 RJ - CREDIT - TOOL RETURN (429.92) 0.00 (429.92) 5790485-1 8/9/2024 RJ - Maintenance Supplies 807.05 0.00 807.05 Check # 23011273 Total: 377.13
Check # 23011273 Date 2/27/2026 CITIBANK N.A.
2026-1468 2/4/2026 Signal Maintenance at Bells Vireo & El Toro Road 697.59 0.00 697.59
Check # 23011274 Total: 697.59
Check # 23011274 Date 2/27/2026 CITY OF ALISO VIEJO
3640-31702 12/31/2025 PSTO Dec2025 Course for KCarruthers 400.00 0.00 400.00 2026 Renewal 2/1/2026 OCHRC - 2026 Membership Renewal 250.00 0.00 250.00 Check # 23011275 Total: 650.00
Check # 23011275 Date 2/27/2026 K. ROZNOS, HUMAN RESOURCES CITY OF TUSTIN 61599 1/23/2026 RJ - Materials for PD drywall patch 89.37 0.00 89.37 61604 1/26/2026 RJ - Aliso Beach playground equipment
repair 9.23 0.00 9.23
61607 1/27/2026 RJ - Maintenance Supplies 80.77 0.00 80.77 61612 1/29/2026 RJ - maintenance supplies 18.29 0.00 18.29 61618 2/2/2026 RJ - Maintenance Supplies 16.15 0.00 16.15 61621 2/3/2026 RJ - Umbrella at Alta Tennis Courts 3.43 0.00 3.43 61624 2/3/2026 RJ - Riddle Field Tot Lot Repair 49.54 0.00 49.54 61626 2/4/2026 RJ - Riddle Field playground equipment
repair 34.04 0.00 34.04
61627 2/4/2026 RJ - Boardwalk wood replacement 30.15 0.00 30.15 61635 2/5/2026 RJ - Heisler Park ground light repairs 42.18 0.00 42.18 61636 2/5/2026 RJ - Maintenance Supplies 35.74 0.00 35.74 61641 2/9/2026 RJ - Maintenance Supplies 160.67 0.00 160.67 61642 2/9/2026 RJ - Heisler whale light replacement 51.69 0.00 51.69 61640 2/6/2026 RJ - street division supplies 86.18 0.00 86.18 61643 2/9/2026 Clips for nail drags at city fields 38.77 0.00 38.77 Check # 23011276 Date 2/27/2026 COAST HARDWARE
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
19 19 of 50
61657 2/13/2026 RJ - Fence repairs at Riddle Field 28.83 0.00 28.83 61652 2/12/2026 RJ - Main Beach lights 111.52 0.00 111.52 61658 2/17/2026 ASL Restrooms A/C 68.94 0.00 68.94
Check # 23011276 Total: 955.49
17019 10/27/2025 RJ - Tot Lot Parts 3,508.99 0.00 3,508.99 Check # 23011277 Total: 3,508.99
Check # 23011277 Date 2/27/2026 COAST RECREATION, INC.

W100 1/27/2026 Winter Fest Parking Fees 5,000.00 0.00 5,000.00 Check # 23011278 Total: 5,000.00
Check # 23011278 Date 2/27/2026 CONCORDIA UNIVERSITY IRVINE 287433 2/17/2026 K9 Sirius vet visit 2.17.26 302.00 0.00 302.00 Check # 23011279 Total: 302.00
Check # 23011279 Date 2/27/2026 COSTA MESA ANIMAL HOSPITAL STTM003462 2/3/2026 Tech Division Sept 2025 Radio Batteries 5,301.62 0.00 5,301.62 SH73595 2/4/2026 Automated Fingerprint ID AFIS Jan 2026 673.00 0.00 673.00 Check # 23011280 Total: 5,974.62
Check # 23011280 Date 2/27/2026 COUNTY OF ORANGE - TREASURER-TAX COLLECTOR 00176010653270010126 1/15/2026 MS - Bldg. B TV 177.12 0.00 177.12 00176010529400030126 1/19/2026 MS - Trailer Monthly Service Fee 406.69 0.00 406.69 00176010481892030226 2/3/2026 CRC Fax Services (Feb 3 - Mar 2, 2026) 76.58 0.00 76.58 00176010652905010226 2/27/2026 Cox: 02/06/26 to 03/05/26 473.37 0.00 473.37 00176010648565010226 2/27/2026 MS - DSL Line for Pride Tower 116.53 0.00 116.53 Check # 23011281 Total: 1,250.29
Check # 23011281 Date 2/27/2026 COX COMMUNICATIONS
000045298 10/1/2025 RJ - container services 380.11 0.00 380.11 000045297 10/1/2025 RJ - Container Services for creek maint. material 380.11 0.00 380.11
Check # 23011282 Total: 760.22
Check # 23011282 Date 2/27/2026 CR&R INCORPORATED
2026002004492 1/20/2026 RJ - Facilities #125 190.12 0.00 190.12 Check # 23011283 Total: 190.12
Check # 23011283 Date 2/27/2026 CUSTOM TRUCK ONE SOURCE, INC 4979 1/15/2026 2260280 Comprehensive Zoning Code UpdateSvc thru 01/15/26 40,130.39 0.00 40,130.39 Check # 23011284 Date 2/27/2026 DE NOVO PLANNING GROUP
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
20 20 of 50
Check # 23011284 Total: 40,130.39
51436 1/28/2026 TP_Fire Station 4 Replacement -
Structural Review 2,500.00 0.00 2,500.00
Check # 23011285 Total: 2,500.00
Check # 23011285 Date 2/27/2026 DOKKEN ENGINEERING
71255 1/27/2026 Ammo 4,988.83 0.00 4,988.83
Check # 23011286 Total: 4,988.83
Check # 23011286 Date 2/27/2026 DOOLEY ENTERPRISES, INC.

Final Retention 1/30/2026 2260141 TP_Sewer Manhole Adjustments South Coast Highway 4,820.50 0.00 4,820.50
Check # 23011287 Total: 4,820.50
Check # 23011287 Date 2/27/2026 EBS UTILITIES ADJUSTING, INC. 41030117 1/31/2026 Special Enforcement Team Lease NovDec 2025 2,828.88 0.00 2,828.88 Check # 23011288 Total: 2,828.88
Check # 23011288 Date 2/27/2026 ENTERPRISE HOLDINGS, INC 244061-10 10/31/2025 2260172 Comprehensive Development Impact Fee (DIF) Study 318.75 0.00 318.75
Check # 23011289 Total: 318.75
Check # 23011289 Date 2/27/2026 ECONOMIC & PLANNING SYSTEMS, INC. 166-194254 2/6/2026 AB - Transit #216 171.39 0.00 171.39 12-6996804 2/6/2026 AB - Transit #216 183.39 0.00 183.39 Check # 23011290 Total: 354.78
Check # 23011290 Date 2/27/2026 BIN 139107 FACTORY MOTOR PARTS 2026-175012 2/6/2026 (AM) Compost Giveaway Event Ad - Feb 6 511.00 0.00 511.00
2026-175013 2/13/2026 (AM) Compost Giveaway Event Ad -
2/13 511.00 0.00 511.00
Check # 23011291 Total: 1,022.00
Check # 23011291 Date 2/27/2026 STRICKBINE PUBLISHING, INC INV-82613 12/22/2025 2260071 Flock Safety - ALPR Cameras Renewal 12,000.00 0.00 12,000.00 Check # 23011292 Total: 12,000.00
Check # 23011292 Date 2/27/2026 FLOCK SAFETY
INV0183315 1/28/2026 MS - Fleece Jackets 2,085.24 392.70 1,692.54 INV0182385 1/20/2026 MS - Waterproof Shell Jackets 4,836.41 680.63 4,155.78 Check # 23011293 Date 2/27/2026 FLORENCE MARINE X, LLC
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
21 21 of 50
INV0185141 2/11/2026 SWAT uniform 492.96 0.00 492.96
Check # 23011293 Total: 6,341.28
142 1/1/2026 2260331 ASL Operations - Q1 Jan-Mar 2026 125,000.00 0.00 125,000.00 Check # 23011294 Total: 125,000.00
Check # 23011294 Date 2/27/2026 FRIENDSHIP SHELTER, INC. 21305315580726150126 1/16/2026 MS - Phone Charges - Special Access Line 88.18 0.00 88.18
20918800890913160226 2/1/2026 Fire Phone Svcs (Feb 01-Feb 28, 2026) 1,865.09 0.00 1,865.09 21304810570423010226 2/7/2026 Phone charges 02/07-03/06/26 500.85 0.00 500.85 Check # 23011295 Total: 2,454.12
Check # 23011295 Date 2/27/2026 FRONTIER CALIFORNIA INC 0233654-IN 1/21/2026 RJ - Fire Station 2 sidewalk replacement 804.16 0.00 804.16 Check # 23011296 Total: 804.16
Check # 23011296 Date 2/27/2026 GARY BALE REDI MIX CONCRETE INC 08906066371-021226 2/27/2026 Gas: 01/12/26 to 02/10/26 21.24 0.00 21.24 Check # 23011297 Total: 21.24
Check # 23011297 Date 2/27/2026 THE GAS COMPANY
24037 2/10/2026 TP_Forest Ave Renovation -Relocation
of Public Art 5,000.00 0.00 5,000.00
24036 2/4/2026 Public Art Restoration - January 2026 2,500.00 0.00 2,500.00 Check # 23011298 Total: 7,500.00
Check # 23011298 Date 2/27/2026 GERARD BASIL STUDIO, INC. 9801740839 2/9/2026 Rubber parking blocks for the ATV shed Aliso Beach 67.95 0.00 67.95
9796721760 2/4/2026 RJ - Fleet Shop Stock 257.17 0.00 257.17 9803223123 2/10/2026 RJ - Fleet Shop Supplies 42.91 0.00 42.91 9789644557 1/29/2026 RJ - Ballast for CRC parking lot light 292.57 0.00 292.57 Check # 23011299 Total: 660.60
Check # 23011299 Date 2/27/2026 GRAINGER
INV272 4/2/2025 AB - Transit Stock 185.73 0.00 185.73
INV943 2/4/2026 AB - Transit Stock 855.39 0.00 855.39
INV944 2/4/2026 AB - Transit Stock 2,240.72 0.00 2,240.72 INV951 2/9/2026 AB - Transit Stock 1,006.60 0.00 1,006.60 Check # 23011300 Total: 4,288.44
Check # 23011300 Date 2/27/2026 HOMETOWN MANUFACTORING, INC Check # 23011301 Date 2/27/2026 HOUSEAL LAVIGNE ASSOCIATES, LLC City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
22 22 of 50
5509 3/30/2022 OnCall GIS Services (FEB 2022) 805.00 0.00 805.00 5547 5/17/2022 On Call GIS Services (March - April
2022) 3,000.00 0.00 3,000.00
5637 7/21/2022 On Call GIS Services (May 2022) 1,265.00 0.00 1,265.00 Check # 23011301 Total: 5,070.00
3162630504 1/20/2026 2260133 PS_ CIP C2301 Village Green Playground Renovation 695.60 0.00 695.60
Check # 23011302 Total: 695.60
Check # 23011302 Date 2/27/2026 HUITT-ZOLLARS, INC
6135126 2/3/2026 Annual Dues Alan Cintas 105.00 0.00 105.00 Check # 23011303 Total: 105.00
Check # 23011303 Date 2/27/2026 IAFCI
012649273 1/31/2026 AS lab exams for animals 89.00 0.00 89.00 Check # 23011304 Total: 89.00
Check # 23011304 Date 2/27/2026 IDEXX DISTRIBUTION, INC 23x045.01-1 1/30/2026 2260244 PS_CIP C2612 Laguna Beach Library Improvements 43,335.00 0.00 43,335.00
Check # 23011305 Total: 43,335.00
Check # 23011305 Date 2/27/2026 IDS GROUP, INC
1002192467 12/15/2025 2260212 ICC - 2025 Code Books 19,248.49 0.00 19,248.49 Check # 23011306 Total: 19,248.49
Check # 23011306 Date 2/27/2026 INTERNATIONAL CODE COUNCIL, INC P04741 9/30/2025 RJ - Street Sweeper #163 185.90 0.00 185.90 W03063 10/15/2025 RJ - Street Sweeper #163 aux engine
repairs 7,511.50 0.00 7,511.50
Check # 23011307 Total: 7,697.40
Check # 23011307 Date 2/27/2026 JCB NORTH AMERICA
PSLP546Seaview 2/12/2026 (MT) PSLP Reimbursement - 546
Seaview 1,600.00 0.00 1,600.00
Check # 23011308 Total: 1,600.00
Check # 23011308 Date 2/27/2026 JENNIFER COHRS
INV-3926826 2/11/2026 2260311 CWPP Writing/Editing Services 13,680.00 0.00 13,680.00 Check # 23011309 Total: 13,680.00
Check # 23011309 Date 2/27/2026 JENSEN HUGHES, INC
144641 1/24/2026 RJ - Facilities #133 331.52 0.00 331.52 Check # 23011310 Date 2/27/2026 JOE MCPHERSON FORD
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
23 23 of 50
143739 1/14/2026 RJ - Fire F22.01 484.32 0.00 484.32
144104 1/12/2026 AB - Transit Stock 1,298.40 0.00 1,298.40 144313 1/14/2026 AB - Transit Stock 1,341.84 0.00 1,341.84 CM144104 1/14/2026 AB - CREDIT - PART RETURN (1,298.40) 0.00 (1,298.40) CM144313 1/29/2026 AB - CREDIT - PART RETURN (710.01) 0.00 (710.01) Check # 23011310 Total: 1,447.67
2307-004 2/11/2026 2260103 2307 LCR - Record of Survey 1,000.00 0.00 1,000.00 Check # 23011311 Total: 1,000.00
Check # 23011311 Date 2/27/2026 KES TECHNOLOGIES, INC.

INV1038559 2/12/2026 Outfitting New Engine 3,425.50 0.00 3,425.50 Check # 23011312 Total: 3,425.50
Check # 23011312 Date 2/27/2026 CURTIS BLUE LINE
Q4 2025 LAM Programs 2/12/2026 Laguna Art Museum Programs 61,048.45 0.00 61,048.45 Check # 23011313 Total: 61,048.45
Check # 23011313 Date 2/27/2026 LAGUNA ART MUSEUM
11825-013126 2/27/2026 Water: 12/01/25 to 01/31/26 67.71 0.00 67.71 21112-013126 2/27/2026 Water: 12/01/25 to 01/31/26 107.88 0.00 107.88 22024-013126 2/27/2026 Water: 12/01/25 to 01/31/26 117.21 0.00 117.21 26234-013126 2/27/2026 Water: 12/01/25 to 01/31/26 58.38 0.00 58.38 11789-013126 2/27/2026 Water: 12/01/25 to 01/31/26 234.99 0.00 234.99 11840-013126 2/27/2026 Water: 12/01/25 to 01/31/26 755.20 0.00 755.20 12063-013126 2/27/2026 Water: 12/01/25 to 01/31/26 81.27 0.00 81.27 12076-013126 2/27/2026 Water: 12/01/25 to 01/31/26 1,700.78 0.00 1,700.78 12595-013126 2/27/2026 Water: 12/01/25 to 01/31/26 90.09 0.00 90.09 13737-013126 2/27/2026 Water: 12/01/25 to 01/31/26 206.88 0.00 206.88 13869-013126 2/27/2026 Water: 12/01/25 to 01/31/26 132.63 0.00 132.63 14057-013126 2/27/2026 Water: 12/01/25 to 01/31/26 89.52 0.00 89.52 14058-013126 2/27/2026 Water: 12/01/25 to 01/31/26 458.20 0.00 458.20 14059-013126 2/27/2026 Water: 12/01/25 to 01/31/26 1,859.61 0.00 1,859.61 11768-013126 2/27/2026 Water: 12/01/25 to 01/31/26 112.47 0.00 112.47 11793-013126 2/27/2026 Water: 12/01/25 to 01/31/26 288.66 0.00 288.66 11853-013126 2/27/2026 Water: 12/01/25 to 01/31/26 154.29 0.00 154.29 11870-013126 2/27/2026 Water: 12/01/25 to 01/31/26 176.67 0.00 176.67 11874-013126 2/27/2026 Water: 12/01/25 to 01/31/26 48.27 0.00 48.27 12405-013126 2/27/2026 Water: 12/01/25 to 01/31/26 58.38 0.00 58.38 12528-013126 2/27/2026 Water: 12/01/25 to 01/31/26 311.67 0.00 311.67 12785-013126 2/27/2026 Water: 12/01/25 to 01/31/26 150.17 0.00 150.17 Check # 23011314 Date 2/27/2026 LAGUNA BEACH COUNTY WATER DISTRICT City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
24 24 of 50
13735-013126 2/27/2026 Water: 12/01/25 to 01/31/26 202.45 0.00 202.45 14567-020126 2/27/2026 Water: 12/01/25 to 02/01/26 1,022.92 0.00 1,022.92 19838-020526 2/27/2026 Water: 12/05/25 to 02/05/26 58.38 0.00 58.38 15175-020526 2/27/2026 Water: 12/05/25 to 02/05/26 106.02 0.00 106.02 26740-020826 2/27/2026 Water: 12/09/25 to 02/08/26 100.20 0.00 100.20 16029-020826 2/27/2026 Water: 12/09/25 to 02/08/26 567.99 0.00 567.99 15921-020826 2/27/2026 Water: 12/09/25 to 02/08/26 587.83 0.00 587.83 16995-021326 2/27/2026 Water: 12/14/25 to 02/13/26 64.77 0.00 64.77 16664-021326 2/27/2026 Water: 12/14/25 to 02/13/26 139.02 0.00 139.02 22211-021326 2/27/2026 Water: 12/14/25 to 02/13/26 58.38 0.00 58.38 Check # 23011314 Total: 10,168.89
24995-013126 2/27/2026 Water: 12/01/25 to 01/31/26 48.27 0.00 48.27 11761-013126 2/27/2026 Water: 12/01/25 to 01/31/26 48.27 0.00 48.27 11861-013126 2/27/2026 Water: 12/01/25 to 01/31/26 48.27 0.00 48.27 12139-013126 2/27/2026 Water: 12/01/25 to 01/31/26 48.27 0.00 48.27 13158-013126 2/27/2026 Water: 12/01/25 to 01/31/26 48.27 0.00 48.27 14220-013126 2/27/2026 Water: 12/01/25 to 01/31/26 48.27 0.00 48.27 11758-013126 2/27/2026 Water: 12/01/25 to 01/31/26 48.27 0.00 48.27 29210-020126 2/27/2026 Water: 12/01/25 to 02/01/26 48.27 0.00 48.27 25305-020126 2/27/2026 Water: 12/01/25 to 02/01/26 48.27 0.00 48.27 15489-010626 2/27/2026 Water: 12/05/25 to 01/06/26 48.27 0.00 48.27 Check # 23011315 Total: 482.70
Check # 23011315 Date 2/27/2026 LAGUNA BEACH COUNTY WATER DISTRICT 11792-013126 2/27/2026 Water: 12/01/25 to 01/31/26 198.63 0.00 198.63 11795-013126 2/27/2026 Water: 12/01/25 to 01/31/26 676.63 0.00 676.63 Check # 23011316 Total: 875.26
Check # 23011316 Date 2/27/2026 LAGUNA BEACH COUNTY WATER DISTRICT LBLBC - CY 2025 1/16/2026 RJ-Reimb. CY2025 Electric Costs LB Lawn Bowl Club 667.83 0.00 667.83
Check # 23011317 Total: 667.83
Check # 23011317 Date 2/27/2026 LAGUNA BEACH LAWN BOWLING CLUB Q4 2025 LCADP 2/12/2026 Laguna College of Art & Design
Programs 61,048.45 0.00 61,048.45
Check # 23011318 Total: 61,048.45
Check # 23011318 Date 2/27/2026 LAGUNA COLLEGE OF ART & DESIGN 087235 2/2/2026 Re-key PD offices and copies 183.48 0.00 183.48 Check # 23011319 Total: 183.48
Check # 23011319 Date 2/27/2026 SANDI LYNN FEDERICO
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
25 25 of 50
114 1/1/2026 MS - Fuel for RWCs 200.38 0.00 200.38
Check # 23011320 Total: 200.38
Check # 23011320 Date 2/27/2026 LAGUNA OIL
Q4 2025 LP Programs 2/12/2026 Laguna Playhouse Programs 61,048.45 0.00 61,048.45 Check # 23011321 Total: 61,048.45
Check # 23011321 Date 2/27/2026 LAGUNA PLAYHOUSE
122517 1/28/2026 Jail frozen meals Jan 2026 58.92 0.00 58.92 122547 2/9/2026 Frozen meals for jail 26.74 0.00 26.74
Check # 23011322 Total: 85.66
Check # 23011322 Date 2/27/2026 LANGLOIS FANCY FROZEN FOODS, INC LB-63922 2/4/2026 RJ - Streets division supplies 33.89 0.00 33.89 LB-63841 1/21/2026 RJ - Street Maint. Concrete Supplies 28.18 0.00 28.18 Check # 23011323 Total: 62.07
Check # 23011323 Date 2/27/2026 LARRY'S BUILDING MATERIALS PSLP2130Glenneyre 2/12/2026 (MT) PSLP Reimbursement - 2130 Glenneyre 1,600.00 0.00 1,600.00
Check # 23011324 Total: 1,600.00
Check # 23011324 Date 2/27/2026 LAYER FAMILY TRUST
SI1045559 CHARTER 1/21/2026 Charter Fees ONLY - Nov 2025 632.62 0.00 632.62 SI1045559 1/21/2026 2260052 Contract Trolley Operations - Nov 2025 City/Grants 273,492.59 0.00 273,492.59
SI1045640 CHARTER 1/23/2026 Trolley Charter Fees - Dec 2025 2,034.43 0.00 2,034.43 SI1045640 1/23/2026 2260052 Contract Trolley Operations - Dec 25 City/Grants 282,584.57 0.00 282,584.57
Check # 23011325 Total: 558,744.21
Check # 23011325 Date 2/27/2026 LAZ KARP ASSOCIATES, LLC 72966 1/31/2026 2260132 LSL Audit Services - 2025 State Controller Report 7,830.00 0.00 7,830.00
Check # 23011326 Total: 7,830.00
Check # 23011326 Date 2/27/2026 LANCE, SOLL & LUNGHARD LLP 3940 1/30/2026 RJ - Dog Waste Removal (Jan 2026) 795.00 0.00 795.00 Check # 23011327 Total: 795.00
Check # 23011327 Date 2/27/2026 LSQ GROUP HOLDINGS LLC
27465261 1/28/2026 2260154 (RJ) 1513.5 gallons diesel @ $3.90/gal 5,895.42 0.00 5,895.42 27465270 1/28/2026 2260154 (RJ) 1,187.7 gallons diesel @ $3.95/gal 4,687.87 0.00 4,687.87 Check # 23011328 Date 2/27/2026 MANSFIELD OIL COMPANY OF GAINESVILLE, INC City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
26 26 of 50
27485317 2/2/2026 2260154 (RJ) 5,501 gallons fuel @ $3.38/gal 18,585.27 0.00 18,585.27 27485232 2/2/2026 2260154 (RJ) 5,996 gallons fuel @ $3.35/gal 20,105.56 0.00 20,105.56 Check # 23011328 Total: 49,274.12
27724315-000 2/12/2026 AS animal medications 916.42 0.00 916.42 Check # 23011329 Total: 916.42
Check # 23011329 Date 2/27/2026 MIDWEST VETERINARY SUPPLY, INC. 1411234953 2/17/2026 Detectives telephone radios Jan 2026 484.88 0.00 484.88 Check # 23011330 Total: 484.88
Check # 23011330 Date 2/27/2026 MOTOROLA SOLUTIONS, INC.

IN5195386 1/15/2026 CRC Xerox Services (10.16.25 to

01.15.26) 542.97 0.00 542.97
Check # 23011331 Total: 542.97
Check # 23011331 Date 2/27/2026 MR COPY INC
Cer.2.17.26 2/17/2026 Jan Audit and Feb Winter 2026 payment 295.75 0.00 295.75 Check # 23011332 Total: 295.75
Check # 23011332 Date 2/27/2026 NOHEMI ELIZABETH CERVANTES 28430 9/30/2025 2250043 PS_CIP 21-9448 Jahraus Park
Renovations 916.30 0.00 916.30
Check # 23011333 Total: 916.30
Check # 23011333 Date 2/27/2026 NUVIS
37018 2/20/2026 Payroll Run 1 - Warrant 260220 1,710.00 0.00 1,710.00 Check # 23011334 Total: 1,710.00
Check # 23011334 Date 2/27/2026 ORANGE COUNTY EMPLOYEES ASSOCIATION 8610 2/12/2026 2260131 TP_CIP C2427 Zone 6 Street Slurry Seal & Rehab 12,200.00 0.00 12,200.00
Check # 23011335 Total: 12,200.00
Check # 23011335 Date 2/27/2026 ONWARD ENGINEERING
254-017 9/30/2025 2260111 TP_Solar & Battery Microgrid
Procurement 2,025.00 0.00 2,025.00
Check # 23011336 Total: 2,025.00
Check # 23011336 Date 2/27/2026 OPTONY INC.
55486 2/9/2026 AB - Annual fire system inspections for
Trolleys 4,500.00 0.00 4,500.00
Check # 23011337 Total: 4,500.00
Check # 23011337 Date 2/27/2026 ORANGE COUNTY FIRE PROTECTION City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
27 27 of 50
26800 1/28/2026 2260162 (RJ) Fire Station 2 annual UST testing 920.00 0.00 920.00 26801 1/28/2026 2260162 (RJ) City Hall annual UST testing 1,152.00 0.00 1,152.00 Check # 23011338 Total: 2,072.00
Check # 23011338 Date 2/27/2026 ORANGE COUNTY TANK TESTING,INC DT-008094PM 2/5/2026 DT-008094PM - Brian Rayburn (1860
Carmelita) 6,500.00 0.00 6,500.00
Check # 23011339 Total: 6,500.00
Check # 23011339 Date 2/27/2026 OTP - DEPOSIT
DT-000366PL 12/19/2025 DT-000366PL - Refund to Garnet
Pigden (251 Viejo) 217.80 0.00 217.80
Check # 23011340 Total: 217.80
Check # 23011340 Date 2/27/2026 OTP - DEPOSIT
R24-2002 2/11/2026 AM C&D Sec Dep Refund - 1770 Cortez
Ave 500.00 0.00 500.00
Check # 23011341 Total: 500.00
Check # 23011341 Date 2/27/2026 OTP - DEPOSIT
R24-1014 2/11/2026 AM C&D Sec Dep Refund - 2755
Temple Hills Dr 750.00 0.00 750.00
Check # 23011342 Total: 750.00
Check # 23011342 Date 2/27/2026 OTP - DEPOSIT
R26-0026 2/11/2026 AM C&D Sec Dep Refund - 360 Ruby St 250.00 0.00 250.00 Check # 23011343 Total: 250.00
Check # 23011343 Date 2/27/2026 OTP - DEPOSIT
Borruel Reimb. 1/29/2026 International Building Code 420.83 0.00 420.83 Check # 23011344 Total: 420.83
Check # 23011344 Date 2/27/2026 OTP - EMPLOYEES
BECERRA 020626 2/6/2026 Boot Reimbursement 96.94 0.00 96.94 Check # 23011345 Total: 96.94
Check # 23011345 Date 2/27/2026 OTP - EMPLOYEES
ACOMP-F26Boot-013026 1/30/2026 RJ - Austin Comp - F26 Workboot Reimbursement 180.24 0.00 180.24
Check # 23011346 Total: 180.24
Check # 23011346 Date 2/27/2026 OTP - EMPLOYEES
BYoungker-Boot011026 1/10/2026 RJ - Beau Youngker F26 workboot reimbursement 188.14 0.00 188.14
Check # 23011347 Date 2/27/2026 OTP - EMPLOYEES
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
28 28 of 50
Check # 23011347 Total: 188.14
CMansilla-Boot061325 6/13/2025 RJ - Carlos Mansilla workboot reimbursement F24/25 250.00 0.00 250.00
Check # 23011348 Total: 250.00
Check # 23011348 Date 2/27/2026 OTP - EMPLOYEES
Caisip Reimbursement 1/29/2026 Fire Inspector II Cert Exam 305.00 0.00 305.00 Check # 23011349 Total: 305.00
Check # 23011349 Date 2/27/2026 OTP - EMPLOYEES

2.4.26 Reimb.-Doran 2/4/2026 MS-Mileage Reimbursement - Fire Ops Training-Doran 98.60 0.00 98.60
Check # 23011350 Total: 98.60
Check # 23011350 Date 2/27/2026 OTP - EMPLOYEES
EBaca-ClassB-010926 1/9/2026 RJ - Eddie Baca - Class B Permit 100.00 0.00 100.00 Check # 23011351 Total: 100.00
Check # 23011351 Date 2/27/2026 OTP - EMPLOYEES
Barillas 1/4/2026 Mileage to and from First Aid-CPR Class 36.54 0.00 36.54 Check # 23011352 Total: 36.54
Check # 23011352 Date 2/27/2026 OTP - EMPLOYEES
GBARILLAS1.29.26 1/29/2026 Reimbursement for mileage to First Aid/CPR class 36.54 0.00 36.54
Check # 23011353 Total: 36.54
Check # 23011353 Date 2/27/2026 OTP - EMPLOYEES
KENNEDY 02112026 2/11/2026 POST Report Writing 97.42 0.00 97.42 Check # 23011354 Total: 97.42
Check # 23011354 Date 2/27/2026 OTP - EMPLOYEES
Groninger Reimb. 1/13/2026 Tuition & Books Fullerton Jr. College 672.80 0.00 672.80 Check # 23011355 Total: 672.80
Check # 23011355 Date 2/27/2026 OTP - EMPLOYEES
BITONTI 02122026 2/12/2026 POLICE BUDGET ACADMEY
Reimbursement 120.96 0.00 120.96
Check # 23011356 Total: 120.96
Check # 23011356 Date 2/27/2026 OTP - EMPLOYEES
DOWNING 020926 2/9/2026 SBSLI FEB 2026 740.36 0.00 740.36 Check # 23011357 Date 2/27/2026 OTP - EMPLOYEES
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
29 29 of 50
Check # 23011357 Total: 740.36
FILLERS 02122026 2/17/2026 SLI SESSION 5 474.93 0.00 474.93 Check # 23011358 Total: 474.93
Check # 23011358 Date 2/27/2026 OTP - EMPLOYEES
MANSILLA-071825 2/17/2026 UNCLAIMED CHECK 23007352 -
REISSUANCE 250.00 0.00 250.00
Check # 23011359 Total: 250.00
Check # 23011359 Date 2/27/2026 SPRINGBROOK OS CHECKS
MCKINZIE-030725 2/17/2026 UNCLAIMED CHECK 421312 -
REISSUANCE 296.83 0.00 296.83
Check # 23011360 Total: 296.83
Check # 23011360 Date 2/27/2026 SPRINGBROOK OS CHECKS
AGUIRRE-010524 2/17/2026 UNCLAIMED CHECK 22720056 -
REISSUANCE 7.62 0.00 7.62
Check # 23011361 Total: 7.62
Check # 23011361 Date 2/27/2026 SPRINGBROOK OS CHECKS
GONZALEZ-021624 2/17/2026 UNCLAIMED CHECK 22720671 -
REISSUANCE 205.78 0.00 205.78
GONZALES-051223 2/17/2026 UNCLAIMED CHECK 22716258 -
REISSUANCE 250.00 0.00 250.00
Check # 23011362 Total: 455.78
Check # 23011362 Date 2/27/2026 SPRINGBROOK OS CHECKS
GONZALEZ-112322 2/17/2026 UNCLAIMED CHECK 22713386 -
REISSUANCE 195.00 0.00 195.00
GONZALEZ-071020 2/17/2026 UNCLAIMED CHECK 22700277 -
REISSUANCE 46.00 0.00 46.00
Check # 23011363 Total: 241.00
Check # 23011363 Date 2/27/2026 SPRINGBROOK OS CHECKS
HWE-060520 2/17/2026 UNCLAIMED CHECK 417397 -
REISSUANCE 258.18 0.00 258.18
Check # 23011364 Total: 258.18
Check # 23011364 Date 2/27/2026 SPRINGBROOK OS CHECKS
SANCHEZ-090619 2/17/2026 UNCLAIMED CHECK 395735 -
REISSUANCE 32.18 0.00 32.18
Check # 23011365 Total: 32.18
Check # 23011365 Date 2/27/2026 SPRINGBROOK OS CHECKS
Check # 23011366 Date 2/27/2026 OTP - REFUND
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
30 30 of 50
021326Vazquez 2/13/2026 Refund Permit Fees (R25-2188) Adrian Vazquez 381.15 0.00 381.15
Check # 23011366 Total: 381.15
021026Vandesande 2/10/2026 Historic Reg PermFees(Vandesande)- 31382 Monterey 15,448.95 0.00 15,448.95
Check # 23011367 Total: 15,448.95
Check # 23011367 Date 2/27/2026 OTP - REFUND
Auyeung_635.45 1/29/2026 F2501149_RefundForAmbulanceTransp ort_ 635.45 0.00 635.45
Check # 23011368 Total: 635.45
Check # 23011368 Date 2/27/2026 OTP - REFUND
Baskevitch_50.00 1/29/2026 F2400296_RefundForAmbulanceTransp ort 50.00 0.00 50.00
Check # 23011369 Total: 50.00
Check # 23011369 Date 2/27/2026 OTP - REFUND
Fredricks_143.50 1/29/2026 F2502554_RefundForAmbulanceTransp ort 143.50 0.00 143.50
Check # 23011370 Total: 143.50
Check # 23011370 Date 2/27/2026 OTP - REFUND
Daniels_137.64 1/29/2026 F2502853_RefundForAmbulanceTransp ort 137.64 0.00 137.64
Check # 23011371 Total: 137.64
Check # 23011371 Date 2/27/2026 OTP - REFUND
Juaregui-Kaiser-2960 1/29/2026 F2401741_RefundForAmbulanceTransp ort 2,960.00 0.00 2,960.00
Check # 23011372 Total: 2,960.00
Check # 23011372 Date 2/27/2026 OTP - REFUND
021226Day 2/12/2026 Refund CDP Fee-130 Irvine Cove PlRyan&Stacey Day 533.00 0.00 533.00 Check # 23011373 Total: 533.00
Check # 23011373 Date 2/27/2026 OTP - REFUND
021826Bebla 2/18/2026 Refund Bldg Permit Fees (439 Thalia) Teresa Bebla 624.00 0.00 624.00
Check # 23011374 Total: 624.00
Check # 23011374 Date 2/27/2026 OTP - REFUND
Check # 23011375 Date 2/27/2026 OTP - REFUND
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
31 31 of 50
Spencer-UMR-778.70 1/29/2026 F2500841_RefundForAmbulanceTransp ort 778.80 0.00 778.80
Check # 23011375 Total: 778.80
Gambale_1635.23 1/29/2026 F2500989_RefundForAmbulanceTransp ort 1,635.23 0.00 1,635.23
Check # 23011376 Total: 1,635.23
Check # 23011376 Date 2/27/2026 OTP - REFUND
11371 11/30/2025 2250016 PS_CIP 24-9281 Bluebird Canyon Lift Station Recon. 3,602.80 0.00 3,602.80
11406 1/31/2026 2260038 PS_CIP C2220 Bluebird Canyon Sewer LS Recon. 5,286.36 0.00 5,286.36
Check # 23011377 Total: 8,889.16
Check # 23011377 Date 2/27/2026 PACIFIC ADVANCED CIVIL ENGINEERING, INC 0449838-IN 12/10/2025 C-AII 330 DI Tank Exchange 138.00 0.00 138.00 2260407-IN 2/1/2026 Rental C-AII 330 DI Tank 40.00 0.00 40.00 Check # 23011378 Total: 178.00
Check # 23011378 Date 2/27/2026 PACIFIC INDUSTRIAL WATER SYSTEMS 92313 2/6/2026 RJ - Landscape maintenance supplies 161.55 0.00 161.55 Check # 23011379 Total: 161.55
Check # 23011379 Date 2/27/2026 PARKWAY LAWNMOWER SHOP
3 1/8/2026 2260151 TP_CIP C2427 Zone 6 Street Slurry
Seal & Rehab 510,272.22 0.00 510,272.22
Check # 23011380 Total: 510,272.22
Check # 23011380 Date 2/27/2026 PAVEMENT COATINGS CO.
1024368 1/19/2026 2260358 PB SYSTEM 2026-2027 27,905.94 0.00 27,905.94 Check # 23011381 Total: 27,905.94
Check # 23011381 Date 2/27/2026 PLANETBIDS, INC.
595003 2/10/2026 Department handguns 4,622.48 0.00 4,622.48 Check # 23011382 Total: 4,622.48
Check # 23011382 Date 2/27/2026 PROFORCE LAW ENFORCEMENT 134607 1/16/2026 RJ - Heisler ballard lighting grills 7,984.43 0.00 7,984.43 Check # 23011383 Total: 7,984.43
Check # 23011383 Date 2/27/2026 QUICK CRETE PRODUCTS CORP.

WO830114969 1/26/2026 (RJ) B-7 Dozer Service 1,893.13 0.00 1,893.13 Check # 23011384 Date 2/27/2026 QUINN COMPANY
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
32 32 of 50
Check # 23011384 Total: 1,893.13
9847 2/18/2026 2260351 Emergency PO for Fire Engine Repair 12,878.52 0.00 12,878.52 Check # 23011385 Total: 12,878.52
Check # 23011385 Date 2/27/2026 RENEWELL FLEET SERVICE, LLC 26-3956-3 2/12/2026 (AM) CRV Recycling Ad Campaign -
Super Bowl 26 1,000.00 0.00 1,000.00
Check # 23011386 Total: 1,000.00
Check # 23011386 Date 2/27/2026 ROSS-CAMPBELL, INC
R1150757 2/12/2026 AB - Transit Stock 1,618.66 0.00 1,618.66 Check # 23011387 Total: 1,618.66
Check # 23011387 Date 2/27/2026 ROUSH ENTERPRISES, INC.

SIP007761848 1/23/2026 AS Animal food 555.65 0.00 555.65 Check # 23011388 Total: 555.65
Check # 23011388 Date 2/27/2026 ROYAL CANIN USA INC
48656 12/17/2025 2260335 (RJ) Rodent Control Services at City Parks 1,350.00 0.00 1,350.00
Check # 23011389 Total: 1,350.00
Check # 23011389 Date 2/27/2026 RPW SERVICES INC.

Daas.W26.75 2/18/2026 75 installment Winter 2025 175.50 0.00 175.50 Check # 23011390 Total: 175.50
Check # 23011390 Date 2/27/2026 RUBA DAAS ZEITAWI
EVOC25-12-009 12/19/2025 Emergency Services DrivingLimones,Gil,Wilson,Gonz 1,040.00 0.00 1,040.00 Check # 23011391 Total: 1,040.00
Check # 23011391 Date 2/27/2026 SAN BERNARDINO COUNTY
11236 2/6/2026 January 2026 Statement 1,205.00 0.00 1,205.00 Check # 23011392 Total: 1,205.00
Check # 23011392 Date 2/27/2026 SAND CANYON MEDICAL GROUP 86201 1/15/2026 RJ - Landscape Tools 4,041.73 0.00 4,041.73 Check # 23011393 Total: 4,041.73
Check # 23011393 Date 2/27/2026 SANTA ANA HARDWARE
738945 1/29/2026 RJ - Wastewater #196 89.73 0.00 89.73
737242 12/23/2025 Fire Engine F22.01 900.85 0.00 900.85 Check # 23011394 Date 2/27/2026 SANTA MARGARITA FORD
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
33 33 of 50
738833 1/28/2026 RJ - Streets #126 316.60 0.00 316.60
738850 1/29/2026 RJ - Fire F25.02 749.57 0.00 749.57
738948 1/29/2026 RJ - Fire Engine F25.02 150.31 0.00 150.31 738915-1 1/30/2026 AB - Transit Stock 776.32 0.00 776.32 739380 2/10/2026 AB - Transit stock 674.17 0.00 674.17
739184 2/4/2026 AB - Transit Stock 196.54 0.00 196.54
738915-2 2/3/2026 AB - Transit Stock 275.11 0.01 275.10 739257 2/6/2026 RJ - Streets #126 1,027.36 0.00 1,027.36 739476 2/12/2026 RJ - Fleet Shop stock 394.90 0.00 394.90 739503 2/12/2026 RJ - Streets #126 60.02 0.00 60.02
739472-1 2/12/2026 RJ - Streets #126 1,153.18 0.00 1,153.18 739472-2 2/12/2026 RJ - Streets #126 32.72 0.00 32.72
739611 2/13/2026 AB - Transit #221 597.37 0.00 597.37
739657 2/18/2026 AB - Transit #213 309.29 0.00 309.29
Check # 23011394 Total: 7,704.03
Gutierrez.2.17.26 2/17/2026 Gutierrez.2.17.26 174.85 0.00 174.85 Check # 23011395 Total: 174.85
Check # 23011395 Date 2/27/2026 SARA GUTIERREZ
2100007989660-031126 2/27/2026 Electricity: 01/22/26 to 02/20/26 1.93 0.00 1.93 2100007994645-031126 2/27/2026 Electricity: 01/22/26 to 02/20/26 1,716.71 0.00 1,716.71 2100007995642-031126 2/27/2026 Electricity: 01/22/26 to 02/20/26 108.27 0.00 108.27 2100008001291-031126 2/27/2026 Electricity: 01/22/26 to 02/20/26 30.32 0.00 30.32 2100008009104-031126 2/27/2026 Electricity: 01/22/26 to 02/20/26 135.92 0.00 135.92 Check # 23011396 Total: 1,993.15
Check # 23011396 Date 2/27/2026 SAN DIEGO GAS & ELECTRIC 21482 12/31/2025 2260135 SDI Amended and Restated Service Agreement DEC25 12,640.00 0.00 12,640.00
Check # 23011397 Total: 12,640.00
Check # 23011397 Date 2/27/2026 SDI PRESENCE LLC
022426 Settlement 2/23/2026 FLEMING SETTLEMENT 02.18.2026 86,891.00 0.00 86,891.00 Check # 23011398 Total: 86,891.00
Check # 23011398 Date 2/27/2026 SEAN FLEMING
160946010-001 11/25/2025 RJ - CREDIT (312.48) 0.00 (312.48) 161533721-001 12/23/2025 RJ - CREDIT (248.71) 0.00 (248.71) 162371690-001 2/9/2026 RJ - Landscape maintenance supplies 317.75 0.00 317.75 162340415-001 2/6/2026 RJ - Restock of PVC fittings 3,572.82 0.00 3,572.82 162316452-001 2/10/2026 RJ - supplies to reseed Heisler Park 314.36 0.00 314.36 Check # 23011399 Date 2/27/2026 SITEONE LANDSCAPE SUPPLY, LLC City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
34 34 of 50
162308589-001 2/13/2026 RJ - Irrigation supplies 2,293.65 0.00 2,293.65 162075933-001 1/30/2026 RJ - For CRC WeatherTrak subscription 249.00 0.00 249.00 Check # 23011399 Total: 6,186.39
W12026Skyhawks 2/17/2026 Full soccertots payment 1,197.37 0.00 1,197.37 Check # 23011400 Total: 1,197.37
Check # 23011400 Date 2/27/2026 SKYHAWK SPORTS ACADEMY, INC.

ARV/66977258 1/23/2026 RJ - Fleet Shop Tools 17.72 0.00 17.72 ARV/66953330 1/21/2026 RJ - Fleet Shop Tools 274.62 0.00 274.62 Check # 23011401 Total: 292.34
Check # 23011401 Date 2/27/2026 SNAP-ON INDUSTRIAL
700140653983-021026 2/27/2026 Electricity: 01/10/26 to 02/09/26 33.85 0.00 33.85 700216972270-021226 2/27/2026 Electricity: 01/13/26 to 02/11/26 1,318.43 0.00 1,318.43 700043252748-021226 2/27/2026 Electricity: 01/13/26 to 02/11/26 7,301.80 0.00 7,301.80 700634858980-021326 2/27/2026 Electricity: 01/14/26 to 02/12/26 2,398.37 0.00 2,398.37 700036471640-021326 2/27/2026 Electricity: 01/14/26 to 02/12/26 17.86 0.00 17.86 700176273090-021326 2/27/2026 Electricity: 01/14/26 to 02/12/26 71.68 0.00 71.68 700148583331-021326 2/27/2026 Electricity: 01/14/26 to 02/12/26 254.17 0.00 254.17 700147507540-021326 2/27/2026 Electricity: 01/14/26 to 02/12/26 502.78 0.00 502.78 700523245932-021926 2/27/2026 Electricity: 01/20/26 to 02/18/26 106.03 0.00 106.03 700009082678-022026 2/27/2026 Electricity: 01/29/26 to 02/08/26 121.30 0.00 121.30 700220899760-021326 2/27/2026 Electricity: 01/13/26 to 02/12/26 11,871.05 0.00 11,871.05 700435300779-021326 2/27/2026 Electricity: 01/14/26 to 02/12/26 14.04 0.00 14.04 700229071305-021726 2/27/2026 Electricity: 01/15/26 to 02/16/26 4,930.16 0.00 4,930.16 700778437370-022326 2/27/2026 Electricity: 01/20/26 to 02/18/26 2,347.75 0.00 2,347.75 Check # 23011402 Total: 31,289.27
Check # 23011402 Date 2/27/2026 SOUTHERN CALIFORNIA EDISON 117798 11/7/2025 MS - Dispatch Window Shade Repairs 630.00 0.00 630.00 Check # 23011403 Total: 630.00
Check # 23011403 Date 2/27/2026 SONIC WINDOW COVERINGS
1-3117.301-021226 2/27/2026 Water: 01/08/25 to 02/09/26 319.18 0.00 319.18 1-3123.301-021226 2/27/2026 Water: 01/08/25 to 02/09/26 13.00 0.00 13.00 1-3124.301-021226 2/27/2026 Water: 01/08/25 to 02/09/26 13.00 0.00 13.00 1-3125.301-021226 2/27/2026 Water: 01/07/25 to 02/08/26 290.39 0.00 290.39 1-3131.301-021226 2/27/2026 Water: 01/08/25 to 02/09/26 210.08 0.00 210.08 1-0922.300-021226 2/27/2026 Water: 01/08/25 to 02/09/26 249.08 0.00 249.08 1-1433.301-021226 2/27/2026 Water: 01/07/25 to 02/08/26 311.30 0.00 311.30 Check # 23011404 Date 2/27/2026 SOUTH COAST WATER DISTRICT City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
35 35 of 50
1-1472.300-021226 2/27/2026 Water: 01/08/25 to 02/09/26 238.46 0.00 238.46 2-0202.301-021926 2/27/2026 Water: 01/15/25 to 02/12/26 2,282.46 0.00 2,282.46 2-0039.301-021926 2/27/2026 Water: 01/15/25 to 02/12/26 5,420.91 0.00 5,420.91 2-3655.300-021926 2/27/2026 Water: 01/15/25 to 02/12/26 35.77 0.00 35.77 Check # 23011404 Total: 9,383.63
020037-26 2/11/2026 RJ - Memorial Bench Plaque ( Michelle Longcore) 381.42 0.00 381.42
Check # 23011405 Total: 381.42
Check # 23011405 Date 2/27/2026 SOUTHERN CALIFORNIA BRONZE CO. 7090061921 2/4/2026 RJ - Fire F12.01 2,299.60 0.00 2,299.60 7090059836 12/17/2025 AB - Transit #213 1,115.99 0.00 1,115.99 7090061687 1/29/2026 AB - Transit Stock 280.78 0.00 280.78 Check # 23011406 Total: 3,696.37
Check # 23011406 Date 2/27/2026 SOUTHERN TIRE MART #709 0000886307 12/31/2025 Medical LG CYL RENTAL 38.70 0.00 38.70 0000678792 2/11/2026 Oxygen Medical CYL Rental 215.90 0.00 215.90 Check # 23011407 Total: 254.60
Check # 23011407 Date 2/27/2026 SPECTRUM GAS PRODUCTS, INC. 01-07-26 1/7/2026 TP_PW Vehicle Car Washes - Sept -
Dec 2025 47.85 0.00 47.85
02-13-26 2/13/2026 CD - Carwashes January and February
2026 191.40 0.00 191.40
Check # 23011408 Total: 239.25
Check # 23011408 Date 2/27/2026 SWEETWATER CAR WASH
974174805-011626 1/16/2026 Cell phone charges 12/16-1/15/26 7,560.10 0.00 7,560.10 967777174-122125 12/21/2025 Transit Tablets 11/21 to 12/20/25 298.20 0.00 298.20 967777174-012126 1/21/2026 Transit Tablets 12/21/26 to 01/20/26 298.20 0.00 298.20 Check # 23011409 Total: 8,156.50
Check # 23011409 Date 2/27/2026 T-MOBILE
002062 2/9/2026 2260334 Temp Emp Services- Erik Diaz T&CS WE 2/2 to 2/8/26 1,500.48 0.00 1,500.48
002099 2/16/2026 2260328 MM_Temporary Administrative Assistant 1,440.00 0.00 1,440.00 002098 2/16/2026 2260334 Temp Emp Services-Erik Diaz T&CS WE 2/9 to 2/15/26 1,500.48 0.00 1,500.48
002097 2/16/2026 2260126 Temp agency - Week 2/9/26 - 2/15/26 1,600.00 0.00 1,600.00 Check # 23011410 Total: 6,040.96
Check # 23011410 Date 2/27/2026 TEMPORARY STAFFING PROFESSIONALS INC City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
36 36 of 50
98138 2/26/2026 2260359 Purchase of 2026 Toyota 4Runner - T5096011 50,938.52 0.00 50,938.52
Check # 23011411 Total: 50,938.52
Check # 23011411 Date 2/27/2026 GPI CA-TII, INC
30700 1/29/2026 Fire Uniform Maintenance 85.00 0.00 85.00 30694 1/28/2026 Fire Uniform Maintenance 225.00 0.00 225.00 Check # 23011412 Total: 310.00
Check # 23011412 Date 2/27/2026 TURNOUT MAINTENANCE COMPANY LLC 687664-1 2/9/2026 AB - Transit Stock 62.06 0.00 62.06
687664 2/6/2026 AB - Transit #216 15.79 0.00 15.79
Check # 23011413 Total: 77.85
Check # 23011413 Date 2/27/2026 TUTTLE-CLICK FORD
CM022026-1 2/6/2026 RJ - Credit - Overcharge for uniform rentals (103.14) 0.00 (103.14)
2190460216 1/28/2026 RJ - Uniform Rental 199.03 0.00 199.03 2190460220 1/28/2026 (RJ-AB) Uniform & Towel Rental 109.68 0.00 109.68 2190463311 2/4/2026 (RJ-AB) Uniform & Towel Rental 87.39 0.00 87.39 2190463309 2/4/2026 (RJ) Uniform Rental 434.09 0.00 434.09 CM022026-2 2/19/2026 RJ - CREDIT - OVERCHARGES ON
INVOICE 2190463309 (113.45) 0.00 (113.45)
2190466279 2/11/2026 (AB-RJ) Uniform & Towel Rental 83.67 0.00 83.67 2190466276 2/11/2026 RJ - Uniform Rental 317.75 0.00 317.75 Check # 23011414 Total: 1,015.02
Check # 23011414 Date 2/27/2026 UNIFIRST CORPORATION
258110074-002 1/28/2026 RJ - Street division concrete materials 374.30 0.00 374.30 257804004-001 1/28/2026 RJ - Moulton Meadows tennis lighting 837.16 0.00 837.16 Check # 23011415 Total: 1,211.46
Check # 23011415 Date 2/27/2026 UNITED RENTALS (NORTH AMERICA), INC 069-50227755 1/27/2026 RJ - Janitorial Supplies 3,480.10 0.00 3,480.10 069-50232825 2/4/2026 RJ - Janitorial Supplies 4,127.31 0.00 4,127.31 069-50238095 2/10/2026 RJ - Janitorial supplies 2,396.36 0.00 2,396.36 Check # 23011416 Total: 10,003.77
Check # 23011416 Date 2/27/2026 VERITIV OPERATING COMPANY 316000072976 2/2/2026 Vehicle Tracking Subscription Jan 2026 197.40 0.00 197.40 Check # 23011417 Total: 197.40
Check # 23011417 Date 2/27/2026 VERIZON COMMUNICATIONS, INC.

Check # 23011418 Date 2/27/2026 VIP UNIFORM INC.

City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
37 37 of 50
12160 1/30/2026 Silkscreening the department patch on
rain jackets 410.62 0.00 410.62
Check # 23011418 Total: 410.62
220139 2/18/2026 RJ - Streets #163 716.54 0.00 716.54
Check # 23011419 Total: 716.54
Check # 23011419 Date 2/27/2026 WAYNE HARRMEIER INC.
5037696305 2/13/2026 2260175 Trolley Lease Payments 03/11/26 to 04/10/26 9,171.68 0.00 9,171.68
Check # 23011420 Total: 9,171.68
Check # 23011420 Date 2/27/2026 WELLS FARGO EQUIPMENT FINANCE 55336360 2/9/2026 Casey True Lynton Visit 125.00 0.00 125.00 Check # 23011421 Total: 125.00
Check # 23011421 Date 2/27/2026 WEST DERMATOLOGY
1225115 1/27/2026 Radar & Lidar gun calibration certificates 1,875.00 0.00 1,875.00 Check # 23011422 Total: 1,875.00
Check # 23011422 Date 2/27/2026 WILLIAM F DUNABLE
40294767 1/6/2026 2260041 (TP) NPDES Technical Support FY25-26 - November 25 14,270.00 0.00 14,270.00
40319468 2/20/2026 2260041 (TP) NPDES Technical Support FY25-26 15,215.00 0.00 15,215.00 Check # 23011423 Total: 29,485.00
Check # 23011423 Date 2/27/2026 WSP USA INC
90006313 2/4/2026 2260083 PS_ FY26 Street Light Maintenance Services 1,251.45 0.00 1,251.45
5610007470 2/4/2026 2260083 PS_ FY26 Street Light Maintenance Services 6,948.60 0.00 6,948.60
Check # 23011424 Total: 8,200.05
Check # 23011424 Date 2/27/2026 YUNEX LLC
TOTAL ACCOUNTS PAYABLE CHECKS 4,231,708.55
GRAND TOTAL $4,231,708.55
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
38 38 of 50
I hereby certify and attest that the above listed demands are in accordance with the City's Budget, and, in accordance with Section 37202 of the Government Code, I certify and attest to the accuracy and availability of funds for the payment thereof. ___________________________________________
Michelle Bannigan
Director of Finance
City of Laguna Beach
Check Register
Week Ending 2/27/2026
Invoice # Inv Date PO # Description Gross Discount Net
39 39 of 50

STAFF REPORT
Meeting Date:

March 24, 2026

CONSENT
7 SUBJECT: APPROVAL OF WASTE INFRASTRUCTURE SYSTEM ENTERPRISE (WISE)

AGREEMENT
RECOMMENDATION: It is recommended that the City Council:

1. Approve the Waste Infrastructure System Enterprise (WISE) agreement with the County of Orange for municipal solid waste disposal rates and services;

2. Authorize the City Manager, or designee, to execute the agreement on behalf of the City and make minor, non-substantive modifications as necessary on behalf of the City;

4. Find that approval of and entering into the WISE agreement is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061 (b)(3) and 15308.

Or in the alternative that the proposed action is not a “project” under CEQA pursuant to CEQA Guidelines section 15378.

SUMMARY OF THE MATTER
Staff is requesting that the City Council approve the Waste Infrastructure System Enterprise (WISE) Agreement with the County of Orange for municipal solid waste disposal services and rates and decline to enter into the optional Organics Services Agreement (OSA) at this time.

The County of Orange, through Orange County Waste & Recycling (OCW&R), operates the County-owned landfill system used by most cities in Orange County for municipal solid waste disposal. Since 1997, cities have participated in the Waste Disposal Agreement (WDA), which provided guaranteed landfill capacity and disposal rates at least 10 percent below non-contract customers.

The current WDA is scheduled to expire on June 30, 2026. OCW&R developed the WISE Agreement as the successor agreement to establish landfill access, capacity, and disposal rates for participating jurisdictions.

The Orange County City Managers Association (OCCMA) coordinated negotiations on behalf of cities beginning in late 2024. In 2025, OCCMA secured a one-year extension of the WDA through June 30, 2026 to allow additional time to negotiate improved terms with OCW&R.

Approval of the WISE Agreement will allow the City to maintain contract disposal rates and continued access to the County landfill system, while declining the optional Organics Services Agreement will allow the City to continue utilizing its existing organic waste processing facilities pursuant to the City’s Franchise Agreement.
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DISCUSSION
Background:

The County, through OCW&R, operates the County-owned landfill system, including three active landfills and approximately 20 inactive sites. Since 1997, Orange County cities have participated in the WDA, which provided guaranteed landfill capacity and disposal rates of at least 10 percent 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, OCW&R developed the successor WISE Agreement (Attachment 1). The 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.

Negotiated Rate Structure:

The current WDA limits annual rate increases to the Consumer Price Index (CPI) and does not account for rising operational, regulatory, and environmental compliance costs. OCW&R also indicated that additional capital was needed to fund the Brea Olinda landfill closure and to significantly expand the capacity of the landfill in San Juan Capistrano over the course of the 10-year term. OCW&R’s initial WISE proposal would have increased disposal rates from $43.76 per ton (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 years of the agreement. Starting in FY 2029-30, the rate includes an annual CPI adjustment.

Fiscal Year Contract Rate
2026–27 $67.00/ton
2027–28 $74.00/ton
2028–29 $81.00/ton
2029–30 $81.00/ton + CPI
Customer Rate Impacts:

Effective July 1, 2026, the increased disposal rates are expected to result in:
• Approximately 10% increase to monthly residential customer bills • Approximately 16% increase for commercial customers.

These increases are in addition to any hauler-related cost increases associated with collection service.

The Fiscal Year 2026–27 rate schedule, inclusive of the disposal component and the hauler-related service component adjustments, is under negotiation and not yet final. Staff will return to City Council with the proposed rate schedule for review and will set a public hearing once negotiations are complete. 2 of 124

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Additional Provision Negotiated by OCCMA:

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 OCW&R’s cost recovery and tonnage revenue. Cities may initiate a ‘meet and confer’ process with review by an independent consultant.
• Review and annual notification provisions to ensure continued OCCMA participation to improve transparency and oversight of OCW&R’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 a mandatory requirement that all residential organic waste is sent to OCW&R; the County will offer optional organic waste processing services.

Cities must adopt the WISE Agreement by April 30, 2026, to avoid disposal rates up to 10% higher. Cities and districts that do not enter into the WISE Agreement by July 1, 2026 will be charged the non-contract rate, beginning July 1, 2026. The non-contract rate schedule is as follows:

Fiscal Year Non-Contract Rate
2026–27 $92.70/ton
2027–28 $100.40/ton
2028–29 $108.10/ton
2029–30 $110.77/ton*
FY 29-30 show per OCW&R projected non-contract rate.

The WISE Agreement includes a participation threshold requiring ratification by jurisdictions representing at least 50% of the tonnage disposed at County landfills for the agreement to become effective. The agreement term is for 10 years, through June 30, 2036, with one optional 10-year extension.

Optional Organics Services Agreement:

The WISE Agreement also includes an Optional OSA (Attachment 1, Appendix 5). The OSA would allow the City to deliver preprocessed organic waste to the OCW&R’s organics infrastructure at an initial contract rate of $67 per ton, receive processing services up to a defined tonnage limit, and arrange for take-back of bulk recovered organic waste products such as compost and mulch.

The OSA also provides for OCW&R assistance with education and outreach and contemplates potential future regional services for food waste processing and edible food recovery. However, participation is subject to several conditions, including delivery of only City-generated controllable organic waste that meets OCW&R processing standards, quarterly origin reporting, payment of the organic contract rate, and a proportional share formula that credits the City at 60 percent of delivered tonnage. 3 of 124

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Participating jurisdictions may arrange for bulk recovered organic waste product (ROWP), such as compost or mulch, to be taken back at no charge. However, non-bulk products, including bagged materials or compost wattles, may be additional charges, and any take-back would remain at City expense.

If the City elects not to participate in the OSA, it may still access OCW&R organics services and finished organic products, but those materials, services, and any applicable gate fees would be available only at market-based or non-contract rates established by the OCW&R rather than at the OSA contract rate and associated terms.

OSA Considerations and Risks:

Staff have identified several risks and limitations associated with opting into the OSA. The OCW&R retains broad discretion to impose special charges for bagged materials, wattles, expanded services, hard-to-handle materials, and fee increases imposed by outside agencies, in addition to annual CPI adjustments beginning in 2027. The agreement also allows for a true-up process that could increase the organic contract rate beyond CPI if OCW&R costs exceed projections.

If changes in law or operating conditions require more costly alternative processing methods, the parties must negotiate a new rate, and if no agreement is reached, the OSA may be terminated on 90 days’ notice.

The OCW&R also reserves the right to refuse material that exceeds tonnage limits, does not meet contamination or processing specifications, would exceed permitted limits, or would violate applicable law, and expressly states it is not obligated to accept material if sufficient permitted processing capacity is unavailable.

The City’s existing Franchise Agreement already designates CR&R’s Yuma facility as the City’s organics processing facility, and that the City’s current ROWP needs for giveaway events and landscape use can be met through existing franchise obligations and separate procurement methods.

FINANCIAL ANALYSIS
There is no net fiscal impact to the City’s General Fund. Disposal costs under the WISE Agreement are treated as pass-through expenses pursuant to Section 14 and Attachment J of the City’s Franchise Agreement with CR&R, Incorporated.

Any increases in landfill disposal fees will be incorporated into solid waste customer service rates, as allowed under the Franchise Agreement. Staff will return to the City Council with the proposed updated rate schedule once negotiations with the hauler are finalized.

ALIGNMENT WITH CITY COUNCIL GOALS AND PRIORITIES
Approval of the WISE Agreement supports the City Council’s goals related to Environmental Stewardship and Sustainable Infrastructure by ensuring the City maintains long-term access to regional landfill capacity and responsible waste management services.

The agreement also supports Fiscal Sustainability by securing contract disposal rates and protecting the City from significantly higher non-contract landfill rates. 4 of 124

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ENVIRONMENTAL ANALYSIS
The project is exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061 (b)(3) in that the proposed agreement is covered by the commonsense exemption in that it does not have the potential for causing a significant effect on the environment. It can be seen with certainty that an increase in the cost of per ton disposal rate with the County will not have a significant effect on the environment. Further, the proposed agreement is not a “project” for purposes of CEQA pursuant to CEQA Guidelines section 15378, as it has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The WISE Agreement sets out the terms and price for services related to landfill capacity and the applicable disposal rates. Finally, the amendment is exempt pursuant CEQA Guidelines section 15308 as this is an action by the City to ensure compliance with the various State laws on solid waste. Thus, it is an action by the City for the protection of the environment.

ATTACHMENTS

1. WISE Agreement (Pgs. 6-74)
Submitted By:
.Mark McAvoy Approved: .David A Kiff
Mark McAvoy, Director of Public
Works & Utilities
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Ashley Moran, Sr. PW Analyst/Solid Waste
Coordinator
Patrick Donegan, Assistant City Attorney
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WASTE INFRASTRUCTURE SYSTEM ENTERPRISE AGREEMENT
(“WISE AGREEMENT”)
Between

THE COUNTY OF ORANGE, CALIFORNIA
and
the

CITY OF LAGUNA BEACH
Dated March 24, 2026
County Authorization Date: City Authorization Date:

March 24, 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 Laguna Beach
505 Forest Avenue
Laguna Beach, CA 92651
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 7 7 of 124

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.

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 9 9 of 124
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). 10 10 of 124
“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. 11 11 of 124
“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 12 12 of 124
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 13 13 of 124
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. 15 15 of 124
“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 16 16 of 124
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 17 17 of 124
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 18 18 of 124
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 19 19 of 124
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. 20 20 of 124
(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 21 21 of 124
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 22 22 of 124
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 23 23 of 124
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 24 24 of 124
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. 25 25 of 124
(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 26 26 of 124
(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 27 27 of 124
[
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 29 29 of 124
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 30 30 of 124
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 32 32 of 124
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 33 33 of 124
cause under this subsection unless:
(1) The County has given prior written notice to the City 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 City and which will, in its opinion, give the County right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The City has neither challenged in an appropriate forum (in accordance with Section 5.5) the County’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 City 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 City is continuing to take such steps to correct such breach).

SECTION 5.4 NO WAIVERS. No action of the County or the City pursuant to this Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either Party of the other Party’s compliance with any term or provision of this Agreement. No course of dealing or delay by the County or the City in exercising any right, power or remedy under this Agreementshall operate as a waiver thereof or otherwise prejudice such Party’s rights, powers and remedies. No single or partial exercise of (or failure to exercise) any right, power or remedy of the County or the City under this Agreement shall preclude any other or further exercise thereof of the exercise of any other right, power or remedy.

ARTICLE VI
TERM
SECTION 6.1 EFFECTIVE DATE AND TERM.
(A) Initial Term. This Agreement shall become effective, shall be in full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2036, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination.
(B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the Parties, on or before June 30, 2036 for an additional term of ten (10) years (the “Renewal Term”) on the same terms and conditions as are applicable during the Initial Term hereof or on amended terms as may be mutually agreed to by the Parties. The City shall give the County written notice of its election to renew this Agreement on or before June 30, 2035. If the parties do not execute a renewal of this Agreement prior to June 30, 2036 it shall expire. (C) Contract Rate During Renewal Term. In connection with the parties’ right to renew this Agreement for an additional ten-year term pursuant to Section 6.1(C), the parties shall, on or before January 31, 2036 negotiate an applicable change in the Contract Rate for such renewal term. In determining any revisions to the Contract Rate to be applicable during any renewal period, in addition to the circumstances described in Section 4.2(A), the parties may take into consideration the following parameters, including but not limited to:
(i) actual cost of operations;
(ii) population growth;
(iii) increase or decrease in available tonnage;
(iv) economic and disposal market conditions in the Southern California region; (v) new regulatory requirements;
(vi) Changes in Law;
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(vii) changes in transportation and technology;
(viii) closure and expansion of nearby landfills;
(ix) capacity of the Disposal System;
(x) provision of new and/or expanded services; and
(xi) available reserves which are in excess of the amount reasonably required as reserves.
(D) Survival; Accrued Rights. The rights and obligations of the parties hereto pursuant to Sections 3.1(E)(2), 5.1, 5.3, 7.2, 7.3, 7.6, 7.7, 7.8, and 7.9 hereof shall survive the termination or expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations of the parties hereto accrued prior to the date of such termination or expiration. At the end of the Term of this Agreement, all other obligations of the parties shall terminate.

SECTION 6.2 COMMENCEMENT DATE.
(A) Obligations of the Parties Prior to the Commencement Date. The Parties acknowledge that the Agreements may be executed and delivered on different dates and that, except as provided in thissubsection, neither the County nor the City shall be obligated to perform its obligations hereunder until the Participation Threshold provided herein has been met and the other conditions to the occurrence of the Commencement Date have occurred.

Prior to the Commencement Date, each Party hereto shall at its own expense exercise good faith and due diligence and take all steps within its reasonable control in seeking to satisfy the conditions to the Commencement Date set forth herein as soon as reasonably practicable. The County and the City, each at its own expense, shall cooperate fully with each other and the other Participating Cities in connection with the foregoing undertaking. Until the Commencement Date occurs, the Original WDAs shall remain in full force and effect until they expire or are terminated. (B) Condition to the Commencement Date. The Commencement Date for the Agreement shall be the date on which Participating Cities reach the Participation Threshold. Unincorporated County is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with this Section 6.2(b) and Appendix 1 of this Agreement.
(C) Satisfaction of Condition and Commencement Date. Upon the satisfaction or waiver of the condition to the Commencement Date, the County shall give written notice thereof to the Cities which have theretofore executed Agreements. The parties shall thereupon hold a formal closing acknowledging the satisfaction or waiver of the condition to the Commencement Date, certifying that the Commencement Date has occurred and designating the Participating Cities. Copies of all of the documents or instruments constituting or evidencing satisfaction of the Commencement Date conditions shall be furnished to each party prior to or on the Commencement Date. (D) Newly Incorporated Cities. Any city within Orange County which becomes incorporated after the Commencement Date shall upon request be offered the opportunity by the County to become a Participating City on substantially the same terms and conditions as this Agreement. (E) Failure of Condition. If by June 30, 2026, or such later date as the County may agree, the condition to the Commencement Date specified in this Section is not satisfied, either party hereto may, by notice in writing to the other party, terminate this Agreement. Neither party shall be liable to the other for the termination of this Agreement pursuant to this subsection, and each of the parties shall bear its respective costs and expenses incurred in seeking to satisfy the condition to the Commencement Date.

ARTICLE VII

GENERAL PROVISIONS
SECTION 7.1 OPERATION AND MAINTENANCE OF THE WASTE INFRASTRUCTURE SYSTEM.

The County, at its cost and expense through the County Solid Waste Enterprise Fund, shall at all times operate, or caused to be operated, the Waste Infrastructure System in accordance with Applicable Law and the operating rules and regulations of the Department and other applicable regulatory agencies. 35 35 of 124
SECTION 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY.
(A) Performance Excused. Except as otherwise specifically provided in this Agreement, neither the County nor the City shall be liable to the other for any failure or delay in the performance of any obligation under this Agreement (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance.
(B) Notice, Mitigation. The Party experiencing an Uncontrollable Circumstance shall notify the other Party by telecommunication or telephone and in writing, on or promptly after the date the Party experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed within fifteen (15) days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such Party’s obligations hereunder will be delayed, (3) the estimated amount, if any, by which the Contract Rate may need to be adjusted as a result of such Uncontrollable Circumstance, (4) its estimated impact on the other obligations of such Party under this Agreement and (5) potential mitigating actions which might be taken by the County or City and any areas where costs might be reduced and the approximate amount of such cost reductions. Each Party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the Party claiming to be adversely affected thereby shall, as promptly as reasonably possible, use its best efforts to eliminate the cause therefor, reduce costs and resume performance under this Agreement. In addition, with respect to Changes in Law, the County shall diligently contest any such changes the imposition of which would have a material adverse impact on the Waste Infrastructure System. While the delay continues, the County or City shall give notice to the other Party, before the first day of each succeeding month, updating the information previously submitted.
(C) Impact on Contract Rate. If and to the extent that Uncontrollable Circumstances interfere with, delay or increase the cost to the County of meeting its obligations hereunder and providing Waste Infrastructure Services to the Participating Cities in accordance herewith, the County shall be entitled to an increase in the Contract Rate as provided in Section 4.2 herein or an extension in the schedule for performance equal to the amount of the increased cost or the time lost as a result thereof. The proceeds of any insurance available to meet any such increased cost shall be applied to such purpose prior to any determination of cost increases payable under this subsection. Any cost reductions achieved through the mitigating measures undertaken by the County pursuant to subsection 7.2(B) hereof upon the occurrence of an Uncontrollable Circumstance shall be reflected in a reduction of the amount by which the Contract Rate would have otherwise been increased or shall serve to reduce the Contract Rate to reflect such mitigation measures, as applicable.

SECTION 7.3 INDEMNIFICATION. To the extent permitted by law, the County agrees that, it will protect, indemnify, defend (with counsel selected by County) and hold harmless the City from and against all Loss-andExpense arising from the City’s activity as an “arranger” (for purposes of and as such term is defined under CERCLA or comparable State statutes) of municipal solid waste disposal pursuant to this Agreement. In the event the City shall determine for any reason, other than a disabling conflict of interest, that it wishes to be defended by legal counsel other than the legal counsel provided by the County, the cost of providing such legal counsel shall be the City’s sole responsibility. Any costs incurred by the County pursuant to this Section shall be considered an Uncontrollable Circumstance cost and the County shall be entitled to adjust the Contract Rate as provided in subsection 4.2(A) herein.

The County shall not, however, be required to indemnify or defend the City from and against all Loss-and-Expense arising from any willful, knowing, illegal or negligent disposal of hazardous waste (other than incidental amounts of Household Hazardous Waste commonly found in municipal solid waste and permitted to be disposed in Class III landfills under RCRA) which violates the County’s landfill permits or Applicable Law. The parties agree that this provision constitutes an indemnity under CERCLA (to the extent of the specific provisions of this Section). The parties acknowledge that this subsection is not intended to and does not create any obligation on the part of the County to provide any indemnification or defense to any Franchise Hauler, whether franchised or not, or any Independent Hauler or Transfer Station, under any circumstances. The City acknowledges the County’s legitimate interest in actively participating in any defense, litigation or settlement, whether the County or the City provides legal counsel and shall, as a condition to County’s provision of this indemnity, coordinate and cooperate fully with the County in the defense of any claims to which this Section applies.

SECTION 7.4 RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the 36 36 of 124
other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties.

SECTION 7.5 LIMITED RECOURSE.
(A) To the City. No recourse shall be had to the general funds or general credit of the City for the payment of any amount due the County hereunder, or the performance of any obligation incurred hereunder, including any Loss-and-Expense of any nature arising from the performance or non-performance of the City’s obligations hereunder. If the City maintains a City Solid Waste Enterprise Fund with at least one year’s anticipated costs for disposal and processing of City Acceptable Waste the sole recourse of the County for all such amounts shall be to the funds held in any such City Solid Waste Enterprise Fund. All amounts held in any City Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the County. The City shall make adequate provision in the administration of any City Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder. (B) To the County. No recourse shall be had to the general funds or general credit of the County for the payment of any amount due the City hereunder, or the performance of any obligation incurred hereunder, including any Loss-and-Expense of any nature arising from the performance or non-performance of the County’s obligations hereunder. The sole recourse of the City for all such amounts shall be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this Agreement. All amounts held in the County Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amountsshall constitute property of the City. The County shall make adequate provision in the administration of the County Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder.

SECTION 7.6 PRE-EXISTING RIGHTS AND LIABILITIES. Nothing in this Agreement is intended to affect, release, waive or modify any rights, obligations or liabilities which any Party hereto may have to or against the other Party as of the Contract Date relating to the receipt of Acceptable Waste in the Waste Infrastructure System or any other related matter.

SECTION 7.7 NO VESTED RIGHTS. The City shall not acquire any vested property, license or other rights in the Waste Infrastructure System by reason of this Agreement.

SECTION 7.8 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING. Any liability incurred by the City as a result of collecting, transporting or processing of Acceptable Waste, or as a result of causing, franchising, permitting, licensing, authorizing or arranging any of the foregoing, shall be the sole liability of City, except as expressly otherwise provided herein.

SECTION 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either Party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non- performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory.

SECTION 7.10 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly authorized and executed by both Parties.

SECTION 7.11 NOTICE OF LITIGATION. Each Party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement executed by the City or the County or any Legal Entitlement issued in connection herewith.

SECTION 7.12 FURTHER ASSURANCES. At any and all times the City and the County so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement.

SECTION 7.13 ASSIGNMENT OF AGREEMENT.
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(A) Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either Party hereto without the prior written consent of the other Party, which may be withheld in the other Party’s sole discretion. Notwithstanding the foregoing, either Party may assign this Agreement to another public entity, subject to the reasonable consent of the other party. In such circumstances the Party not requesting the assignment shall have the right to demand assurances of the financial, technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning Party. (B) Sale. The County shall not enter into any agreement for the sale of the Waste Infrastructure System which provides for an effective date for such sale prior to the termination of this Agreement.

SECTION 7.14 INTEREST ON OVERDUE OBLIGATIONS. Except as otherwise provided herein, all amounts due hereunder, whether as damages, credits, revenue or reimbursements, that are not paid when due shall bear interest at the Overdue Rate on the amount outstanding from time to time, on the basis of a 365-day year, counting the actual number of days elapsed, and all such interest accrued at any time shall, to the extent permitted by Applicable Law, be deemed added to the amount due, as accrued.

SECTION 7.15 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the Parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section 7.13 hereof.

SECTION 7.16 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective Parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any Party by notice to the other Party.

Section 7.17 ATTORNEYS FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear their own attorney’s fees, costs and expenses.

Signature Page to Follow
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IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written.

COUNTY OF ORANGE
Date By
Director, OC Waste & Recycling
APPROVED AS TO FORM:

COUNTY COUNSEL

ORANGE COUNTY, CALIFORNIA
By
Date
Date By
Dave Kiff, City Manager
City Representative
City of Laguna
Beach
Date By
Ann Marie McKay, City Clerk
City Representative
City of Laguna
Beach
APPROVED AS TO FORM:

By
City Attorney
Date
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APPENDIX 1

ESTIMATED ANNUAL TONNAGE
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APPENDIX 1

PERCENTAGE OF COUNTY ACCEPTABLE WASTE ATTRIBUTABLE TO PARTICIPATING CITIES FOR PURPOSE OF SECTIONS 3.6(F) AND 6.2(b)
Jurisdiction Percentage of County
Acceptable Waste
Aliso Viejo 0.82%
Anaheim 14.78%
Brea 2.62%
Buena Park 1.02%
Costa Mesa/Costa Mesa Sanitary District (2) 3.41%
Cypress 0.85%
Dana Point 1.33%
Fountain Valley 1.63%
Fullerton 4.08%
Garden Grove Sanitary District (Garden Grove) 4.74%
Huntington Beach 5.91%
Irvine 9.64%
La Habra 1.72%
La Palma 1.27%
Laguna Beach 1.18%
Laguna Hills 0.89%
Laguna Niguel 1.44%
Laguna Woods 0.28%
Lake Forest 2.14%
Los Alamitos 0.33%
Midway City Sanitary District (Westminster) 2.47%
Mission Viejo 2.33%
Newport Beach 3.58%
Orange 5.25%
Placentia 1.39%
Rancho Santa Margarita 1.03%
San Clemente 2.43%
San Juan Capistrano 2.93%
Santa Ana 9.45%
Seal Beach 0.52%
Stanton 1.47%
Tustin 2.04%
Unincorporated Orange County (1) 3.19%
Villa Park 0.16%
Yorba Linda 1.68%
Total 100%
(1) Unincorporated County Area is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with Section 6.2(b) of this Agreement. For the distribution of Net Import Revenues, the County of Orange shall receive 50% of any Net Import Revenues received in accordance with Section 3.6(F)(2)(i) of this Agreement. The County of Orange shall also receive the Unincorporated Area distribution set forth in this Appendix 1, as periodically modified in accordance with Section 3.6(F)(2)(ii) of this Agreement. (2) The City of Costa Mesa and the Costa Mesa Sanitation District have separate WISE Agreements. Costa Mesa Sanitation District Acceptable Waste tonnage is based on City of Costa Mesa Acceptable Wate tonnage and Importation Revenue is calculated based on City of Costa Mesa Acceptable Waste tonnage delivered to the Waste Infrastructure System. 41 41 of 124
(3) NOTE: A participating City will only be included for purposes of determining the Commencement Date upon (i) execution of a WISE Agreement by that Participating City and (ii) execution of a Hauler Acknowledgement(s) by the Franchise Hauler(s) operating within such Participating City.
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APPENDIX 2

CUMULATIVE TONNAGE
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APPENDIX 2
Cumulative County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2(B)
Fiscal Year
(Ending June 30)
County Acceptable Waste
Tonnage
Cumulative County Acceptable
Waste Tonnage
2026 3,343,282 3,343,282
2027 3,278,595 6,621,877
2028 3,029,924 9,651,801
2029 2,982,454 12,634,255
2030 2,411,983 15,046,238
2031 2,261,201 17,307,439
2032 2,225,152 19,532,591
2033 2,181,838 21,714,429
2034 2,187,041 23,901,470
2035 2,219,362 26,120,832
2036 2,224,792 28,345,624
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APPENDIX 3

CUMULATIVE CAPITAL COSTS
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APPENDIX 3

CUMULATIVE CAPITAL COSTS
to be Used
for Purposes of Section 4.2(A)vi
Fiscal Year
(Ending June 30) Annual Capital Costs Cumulative Capital Costs 2026 $72,599,664 $72,599,664
2027 $79,950,000 $152,549,664
2028 $155,135,000 $307,684,664
2029 $136,185,000 $443,869,664
2030 $41,171,500 $485,041,164
2031 $16,745,000 $501,786,164
2032 $18,165,000 $519,951,164
2033 $36,605,000 $556,556,164
2034 $30,100,000 $586,656,164
2035 $1,510,000 $588,166,164
2036 $25,000,000 $613,166,164
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APPENDIX 4

FRANCHISE HAULER ACKNOWLEDGMENT
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FRANCHISE HAULER ACKNOWLEDGMENT
THIS FRANCHISE HAULER ACKNOWLEDGMENT, dated as of March 24, 2026 (the “Acknowledgment”), and between the City of Laguna Beach (the “City”) and CR&R, Incorporated (the “Franchise Hauler”).

WITNESSETH
WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled

AGREEMENT FOR THE COLLECTION, TRANSPORTATION, PROCESSING AND DIVERSION OF

RECYCLABLE MATERIALS, FOOD SCRAPS, YARD TRIMMINGS, CONSTRUCTION AND DEMOLITION

DEBRIS AND OTHER MATERIALS AND FOR THE COLLECTION, TRANSPORATION AND DISPOSAL OF MUNICPAL SOLID WASTE dated as of July 13, 2023 (the “Franchise”); and WHEREAS, the City has issued to the Franchise Hauler a permit, license, approval or other authorization the “Authorization”) which allows the Franchise Hauler to provide solid waste collection services within the City; and WHEREAS, the Franchise [SUBSTITUTE “AUTHORIZATION” THROUGHOUT IF APPLICABLE]] provides for the collection and disposal of certain municipal solid waste as described therein (“Franchise Waste”) generated within the City; and
WHEREAS, the County of Orange (the “County”) owns, manages and operates a Waste Infrastructure System that is permitted to accept or process Acceptable Waste for disposal or diversion; and WHEREAS, the City and the County have heretofore entered into a Waste Infrastructure System Enterprise Agreement (the “WISE Agreement”), dated as of March 24, 2026; and WHEREAS, the WISE Agreement details responsibilities for disposal of municipal solid waste and may include processing of identified Organic Waste for diversion, generated within the boundaries of the City, and determine that the execution of the WISE Agreement will serve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership and stewardship over the Waste Infrastructure System and providing disposal rate stability, predictable and reliable long-term disposal service, enhanced organics processing to assist the City in meeting its organics diversion requirements, and the continuation of sound environmental management; and WHEREAS, under the WISE Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and may also provide for Organic Waste processing under an OSA and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Waste Infrastructure System; and WHEREAS, the provisions of the WISE Agreement guarantee capacity for the long term disposal and processing of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler; WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Waste Infrastructure System; and WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the WISE Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the WISE Agreement through the delivery of waste by the Franchise Hauler to the Waste Infrastructure System; and WHEREAS, the Franchise Hauler’s agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler’s right to receive the Contract Rate for such disposal and processing as provided in the WISE Agreement.

NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:
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1. Capitalized terms used and not otherwise defined herein are used as defined in the WISE Agreement.

2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the WISE Agreement, (b) the enforceability against the County or the City of the WISE Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance with this Acknowledgment.

3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies.

4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all Residue from the processing by any means, wherever conducted, of Controllable Waste), to the Designated Facility in the Waste Infrastructure System/Disposal System, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the WISE Agreement.

5. Unless expressly authorized by the Department, the Franchise Hauler shall only haul Controllable Waste to the Designated Facility.

6. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Disposal System in compliance with the Waste Disposal Covenant.

7. The Franchise Hauler shall pay the Contract Rate imposed by the County for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth in the Agreement.

8. Nothing in this Acknowledgment is intended to restrict any right or responsibility explicitly given the Franchise Hauler in any City Franchise Agreement to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations.

9. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith.

10. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith.

11. This Acknowledgment shall be in full force and effect and shall be legally binding upon the City and Franchise Hauler from the date hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or (ii) the end of the Term of the WISE Agreement.

12. The City and Franchise Hauler agree that the County shall be an express third-party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder.

There shall be no additional third party beneficiaries under this Acknowledgement.

13. The Franchise Hauler agrees to assist the County in verifying tonnage collected by the Franchise Hauler and providing information required by the County. The Franchise Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll-off box, etc.), and by facility to which it was delivered (specify which landfill or transfer station). Hauler will provide customer service levels and route lists. The Franchise Hauler will cooperate with County audits to verify reported origin of tonnage by making records and personnel available to the County and/or its auditors.
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IN WITNESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of 24th day of March, 2026.

City of Laguna Beach (“CITY”)
Signature:

Printed Name: Dave Kiff
Title: City Manager
APPROVED AS TO FORM:

By
City Attorney
Date
CR&R, Incorporated (“Franchise Hauler”)
Signature:

Printed Name:

Title:
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Appendix 5

ORGANIC SERVICES AGREEMENT
Appendix 5 – Organic Services Agreement (OSA) is not included in this Agreement and is expressly excluded.
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Appendix 5

ORGANIC SERVICES AGREEMENT
Between

THE COUNTY OF ORANGE, CALIFORNIA
and
__________________________
Dated , 2025
County Authorization Date: City Authorization Date:

County Notice Address:

Director
OC Waste & Recycling
601 N. Ross Street 5th Floor
Santa Ana, CA 92701
City Notice Address:
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ORGANIC SERVICES AGREEMENT
THIS ORGANIC SERVICES AGREEMENT (“Organics Agreement” or “OSA”) 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 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, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County.

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.

Prior to the passage of Organics Legislation, Processed Green Material (“PGM”) could be utilized as Alternative Daily Cover (“ADC”) for landfill operations and qualified for diversion credit. However, passage of Assembly Bill 1594 resulted in PGM used as ADC no longer being eligible for diversion credit starting on January 1, 2020.

In addition to the loss of diversion eligibility for PGM used as ADC, SB 1383 requires a 50% reduction in the disposal of Organic Waste by January 1, 2020 and a 75% reduction of Organic Waste by January 1, 2025. In addition, the law requires 20% of edible food waste be recovered by 2025.

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. (See Attachment 4) 53 53 of 124
To respond to Organics Legislation requirements, 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 Disposal System.

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 Organics Agreement, on the terms and conditions set forth herein.

With the exception of the terms and organic specific provisions found in this Organics Agreement, the Parties intend that the provisions of the currently operative WDA and the replacement WISE Agreement that is being negotiated between the County and City are anticipated to become operative on July 1, 2026, be applied to this OSA.

The City has determined that the execution of this Organics Agreement by the City will serve the public health, safety and welfare of the City by providing enhanced organics processing to assist in the City in meeting its Organics Legislation diversion requirements, and the continuation of sound environmental management.

The County has determined that the execution by the County of this Organics Agreement will serve the public health, safety and welfare by providing a stable, predictable and reliable supply of organic material and the resulting service payment revenue to the Organics Infrastructure, thereby enabling the County to plan, manage, operate and finance improvements to the Organics 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 Organics 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 Organics 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. The definitions provided in the WDA and yet to be executed WISE Agreement shall be incorporated into this Agreement. The following terms shall be added and have the meanings set forth below.
“Acceptable Organic Waste” means Residential Organic Waste that consists of Green Material/Wood Waste, Agricultural Material, Manure, Vegetative Food Material, Food Waste and other organic material as may be authorized under the County’s Compostable Material Handling Permits. “Attachment” means an attachment to this OSA, as the same may be amended or modified from time to time in accordance with the terms hereof.
“CalRecycle” means the California Department of Resources Recycling and Recovery, which is a branch of the California Environmental Protection Agency. 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.
”City Acceptable Organic Waste” means all Acceptable Organic Waste which was originally discarded by the first generator thereof within the geographical limits of the City and Residue Waste from the foregoing wherever produced, whether withing or outside the City.
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“City Organic Tonnage Limit” the maximum amount of Controllable Organic Waste that County is committed to accept under the Organic Service Covenant as provided in Attachment 3. “Commencement Date” means the date on which the obligations of the parties hereto commence. “Contract Date” means the first date on which this OSA has been executed by both parties hereto. “Controllable Organic Waste” means all City Acceptable Organic Waste with respect to which the City has the legal or contractual ability to determine the processing location and procurement requirements as they relate to the City’s Organics Legislation compliance requirements.
“Consumer Price Index” or “CPI” means the Consumer Price Index published by the Bureau of Labor Statistics for Al Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG). In the event the forgoing index 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 County Board of Supervisors shall select an index that it determines most closely reflects the forgoing and best implements the intent of this Agreement.
“Initial Term” has the meaning specified in Section 5.1(A) hereof. “Manure/Stable Bedding Program” means the programs used by the County to mix source separated uncontaminated horse manure and stable bedding into its Organic Infrastructure to create organic product. Current permit requirements set a maximum percentage of 20% manure/stable bedding (“Material”) by weight of total incoming feedstock. County agreement to accept Material is subject to payment of the Organic Contract Rate, available capacity, and compliance with the terms found in Attachment 2.
“Organic Contract Rate” has the meaning specified in Section 4.2 hereof. “Organic Diversion Credit” means credit provided to a local jurisdiction or entity for implementing the diversion of Organic Waste from landfilling through specific activities recognized by the Department of Resources Recycling and Recovery (CalRecycle) including composting, anaerobic digestion, or other methods to meet the State’s waste diversion goals and statutes such as Assembly Bill 939, Assembly Bill 341, Assembly Bill 1594, Assembly Bill 1826, and SB 1383 through waste prevention, reuse, and recycling. “Organic Infrastructure” means the County’s organics processing facilities and programs used to recycle and promote the processing and diversion of Organic Waste into compost or other material that qualifies as diversion under Applicable Law as described in more detail in Attachment 1. “Organics Legislation” means organics recycling legislation including Assembly Bill 1594, Assembly Bill 1826, SB1383 and any future legislation pertaining to the management and diversion of Organic Waste. “Organic ROWP Procurement Credit” means credit provided to a jurisdiction to meet their Recovered Organic Waste Procurement Target under SB 1383 by procuring Recovered Organic Waste Products as permitted by CalRecycle.
“Organics Agreement” means this Organic Services Agreement (“OSA”) between the County and the City as the same may be amended or modified from time to time in accordance herewith. “Organic Take-Back Goal” means the programs that City and County will work toward to create City programs that have the goal of City taking back its Proportional Share of finished compost or other Recovered Organic Waste Product for local application.
“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). 55 55 of 124
“Processed Green Material” (“PGM”) as defined in Title 27, California Code of Regulations §20690(b)(3) means any plant material that is either separated at the point of generation, or separated at a centralized facility that employs methods to minimize contamination. Green material includes, but is not limited to, yard trimmings, untreated wood wastes, paper products, and natural fiber products. Green material does not include treated wood waste, mixed demolition or mixed construction debris, manure, or plant waste from the food processing industry, alone or blended with soil. Processed green material may include varying proportions of wood waste from urban and other sources and shall be ground, shredded, screened, source separated for grain size, or otherwise processed. This PGM standard is the standard that Controllable Organic Waste must meet in order to be accepted at County’s Organic Infrastructure under the OSA.
“Proportional Share” means 60% of the weight of Controllable Organic Waste City delivered by City to County’s Organics Infrastructure.
“Recovered Organic Waste Product” or “ROWP” means compost, mulch, renewable energy (transportation fuel, electricity, and gas for heating) from anaerobic digestion, and electricity from biomass conversion. “Recycled City Organic Waste” means any otherwise Controllable Organic Waste which is separated from Acceptable Organic Waste by the generator thereof and composted by generator at home, community gardens or other processing and which is not placed in Franchise Hauler bin for collection. “Renewal Term” has the meaning specified in Subsection 5.1(C) hereof. “Residential Organic Waste” means Acceptable Organic Waste normally disposed of by or collected from residential (single family and multi-family) residences. "Residual Waste” means any contaminants, inert materials, overs, or Acceptable Organic Waste that could not be processed at the Department’s Organic Infrastructure that required to be dispose within the Disposal System. “Waste Disposal Agreement” (“WDA”) means the currently operative agreement between the Parties for the disposal of municipal solid waste that is currently set to expire on June 30, 2026. With the exception of specific or conflicting provisions provided in this Organics Agreement, the Parties agree that the terms found in the WDA shall be applied to the interpretation of this OSA. For the purpose of interpretation of this OSA, the Parties also intend that the WDA be read to include terms such as Controllable Organic Waste, where appropriate. “Waste Infrastructure System” or “Disposal System” means 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. “Waste Infrastructure System Enterprise Agreement” or “WISE Agreement” means each of the agreement between the parties that is expected to replace the current WDA that is set to expire on June 30, 2026.

SECTION 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires:

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.

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.

Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, businesstrusts, corporations and other legal entities, including public bodies, as well asindividuals.

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.
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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.

Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement.

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.

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.

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 Organics Agreement, and this Organics 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 OSA, and this OSA has been duly executed and delivered by the County.

ARTICLE III

DELIVERY AND ACCEPTANCE OF

ORGANIC WASTE AND PROVISION OF

ORGANIC PROCESSING SERVICES
SECTION 3.1 DELIVERY OF ORGANIC WASTE.
(A) Organic Waste Covenant. Subject to the occurrence of the Commencement Date and throughout the Term of this OSA, and subject to available Organic Infrastructure 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 Organic Waste (up to City’s Organic Tonnage Limit as provided in Attachment 3) to the Waste 57 57 of 124
Infrastructure System in accordance with the terms of this OSA. (B) Recycled City Organic Waste.

1. Non-Mandatory Organic Waste City Programs: 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 Organic Waste generated in the City and delivered to the Organic Infrastructure 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 Organic Contract Rate as may be negotiated by the Parties as authorized under this OSA, and shall not constitute a breach of this Agreement.)

2. Mandatory Organic Waste City Collection Programs: City shall provide data and information to County regarding City’s mandatory Organic Waste collection programs including but not limited to the tonnage of organics collected by the City for diversion under this OSA. The information will be used to provide education and outreach for participation with the goal of minimizing contamination and increasing diversion. (C) Organic Diversion Credit. City shall receive Organic Diversion Credit for City’s Controllable Organic Waste minus any Residual Waste delivered by City and accepted by County and processed into Recovered Organic Waste Product at the County’s Organic Infrastructure. (D) Organic ROWP Procurement Credit. City shall receive Organic ROWP reports for finished recovered organics waste products procured from County that meets the procurement requirements of Title 14 of the California Code of Regulations, Section 18993.1 et seq. City shall receive Organic ROWP Procurement Credit as follows:

1. County will assist City in developing local City programs and opportunities designed to enable the City to meet its own ROWP requirements.

2. City shall be entitled to “take back” its Proportional Share of SB 1383 compliant, STA Certified compost, mulch or other ROWP products from County Organics Infrastructure and used as ROWP Procurement Credit.

3. County will provide reports and allocate credit associated with City resident ROWP pickup as well as commercial landscapers from City that collect ROWP from County Organic Infrastructure.

4. City will be eligible to receive ROWP Procurement Credit for excess Acceptable Recovered Organic Waste Product that County is able to market beyond that needed for the County unincorporated areas or that is not otherwise committed. (*County makes no guarantees that it will provide City with 100% ROWP Procurement Credit.)
(E) Organic Take-Back Goal. City is not required to “take back” its Proportional Share of STA Certified finished compost, mulch, or other ROWP from the County’s Organic Infrastructure, however City and County will work toward creating City programs that have the goal of City taking back its Proportional Share of finished compost or other Recovered Organic Waste Product for local application (“Organic Take-Back Goal”) to meet City’s ROWP procurement requirements.
(F) Procurement of Additional ROWP. Pursuant to terms agreeable to both Parties, City may request to procure Recovered Organic Waste Product in addition to its Proportional Share within the same Contract Year.
(G) OSA Conditions. As a condition of participating in the County’s Organics Infrastructure, 58 58 of 124
City agrees to the following terms:

1. All Controllable Organic Waste delivered to the County’s Organics Infrastructure shall meet the standards as set forth in Attachment 2;

2. City or its Franchise Hauler shall pay the Organics Contract Rate for all Organic Waste delivered to the County’s Organic Infrastructure for processing into Recovered Organic Waste Product;

3. City shall provide information to County on a quarterly basis that identifies where Controllable Organic Waste being delivered to the County’s Organic Infrastructure originated and shall ensure that the organic material being delivered meets the definition of City Acceptable Organic Waste.

4. Bulk ROWP: City shall be entitled to arrange for the Take Back (at City cost) from County Organic Infrastructure compost, mulch and other Recovered Organic Waste Product in bulk form free of charge.

5. Non-Bulk ROWP: County may establish separate fees for provision of non-bulk material including but not limited to bagged material or compost wattles. City shall be entitled to arrange for the Take Back of Non-Bulk ROWP at City cost.

6. City’s Proportional Share shall be calculated as 60% of the weight of Controllable Organic Waste City delivers to County’s Organics Infrastructure by City. (H) No Right of Organic Waste Substitution. Nothing in this Agreement shall authorize or entitle the City to deliver, or cause the delivery to the County’s Organic Infrastructure, 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 Organic Waste into the Waste Infrastructure System. The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Organic Waste to the County hereunder, and shall not permit any Acceptable Organic Waste originating from or generated outside the jurisdiction of the City to be substituted for Controllable Organic Waste for any purpose hereunder.

SECTION 3.2 PROVISION OF ORGANIC PROCESSING SERVICES BY THE COUNTY. (A) Organic Service Covenant. Commencing on the Commencement Date, the County shall provide or cause the provision of the service of receiving and processing of City’s Controllable Organic Waste (up to the City Organic Tonnage Limit provided in Attachment 3) at the County’s Organics Infrastructure as described in more detail in Attachment 1. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Organic Service Covenant consistent with prudent solid waste management practice and environmental considerations and under Applicable Law.
(B) Receipt of Controllable Organic Waste. Upon acceptance of the Controllable Organic Waste that meets the PGM standards provided in Attachment 2, County shall process the Organic Waste into compost, mulch or other ROWP as specified in Title 14 of the California Code of Regulations Section 18993.1 (C) Education and Outreach. The Department will assist the City and its hauler in their efforts on Organic education and outreach with the goal of the City meeting its organic diversion and ROWP procurement requirements.
(D) Designated Facilities. County and City will coordinate in determining the primary organic processing facilities and tonnages (as reflected in Attachment 1) used for receiving and processing of Controllable Organic 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 Organic Waste at any particular County Organics Infrastructure 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 Organics Infrastructure primarily 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 Organic Waste at any particular County Organics Infrastructure within the Waste Infrastructure System the County shall have the right to redirect Controllable Organic Waste to another landfill or County Organics Infrastructure within the Waste Infrastructure System for the duration of the situation, event or circumstance; In no event shall the County be required to accept Controlled Organic Waste if it does not have sufficient permitted organic processing capacity 59 59 of 124
within the Waste Infrastructure System.
(E) Compliance with Service Covenant Not Excused for any Reason. Commencing on the Commencement Date, and subject to the terms of this Agreement, the obligations of the County to duly observe and comply with the Organic Service Covenant, in accordance with Applicable Law, shall apply continuously and without interruption for the Term of this OSA. In the event that any Change in Law, situation, event or other Uncontrollable Circumstance impairs or precludes compliance with the Organic 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 Organic Service Covenant due to its efforts to comply with Applicable Law, shall not constitute a breach under this Organics 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 Organic Service Covenant are more costly than the previously used means and methods, the Parties shall negotiate a mutually agreeable new Organic Contract Rate. If the Parties are unable to agree on a new Organic Contract Rate, the Parties may terminate this agreement without penalty with ninety (90) days notice.

SECTION 3.3 COUNTY RIGHT TO REFUSE ORGANIC WASTE.
(A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse delivery of:
(1) Hazardous Waste;
(2) Acceptable Organic Waste delivered by City but originating from or generated outside the jurisdiction of the City;
(3) Acceptable Organic Waste delivered in excess of the City Organic Tonnage Limit listed in the Attachment 3;
(4) Acceptable Organic Waste in excess of permitted limits; (5) Acceptable Organic Waste that would result in County violating Applicable Law; (6) Controllable Organic Waste that does not meet the requirements found in Attachment 2;
SECTION 3.4 COUNTY PROVISION OF OTHER ORGANIC WASTE DIVERSION SERVICES. (A) 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, City will be provided an opportunity to participate in this service on terms separately agreed to by the Parties. (B) 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 cooperate with County efforts and collaborate on data analysis and reporting to provide jurisdictions reports for compliance under SB1383.
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(C) 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, jurisdiction, or entity to provide source reduction, materials recovery, recycling, composting or other waste diversion services.

ARTICLE IV

ORGANIC CONTRACT RATE
SECTION 4.1 CHARGING AND SECURING PAYMENT OF ORGANIC CONTRACT RATE.

The City acknowledges that the County shall have the right to charge and collect an Organic Contract Rate for the acceptance and processing of Controllable Organic Waste delivered to the Organic Infrastructure by City or its Franchise Hauler. 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 Organic Contract Rates.

SECTION 4.2 ORGANIC CONTRACT RATE.
(A) Establishment of Contract Rate. The Organic Contract Rate payable by each City or Franchise Hauler shall be $67/Ton up to the City Organic Tonnage Limit. (B) Special Charges. Notwithstanding Section 4.2(A), the County shall have the right to impose special charges for items such as bagged material or compost wattles; new or expanded services; or receipt of hard to handle materials, such as bulky materials, construction and demolition debris, tree stumps, biosolids and sludge. Such 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. (C) Escalation.

1. Annual CPI Adjustment: The Organics Contract Rate shall be adjusted each July 1, beginning 2027. The change will be equal to the percentage change in the Consumer Price Index - Consumer Price Index for Al Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG) as measured from the October twenty one (21) months prior to the rate adjustment to the October immediately preceding the rate adjustment. In the event that the change in the change in CPI as described above is negative rather than positive, no rate adjustment will be made for that year.

Organic Contract Rate True-up: County will notify City prior to April 30, 2029 (and every three (3) years thereafter) and advise whether actual inflation rate since execution should be frozen for a period of time (in circumstances where Department revenues exceed Department Full Cost Recovery needs) or to determine whether the Organic Contract Rate should be increased beyond CPI as described above (in circumstances where Department costs exceed CPI) to ensure that Department revenues meet Full Cost Recovery.

2. Adjustment Resulting from Increased Fees: In addition to the other adjustments specified herein, the Organic Contract Rate shall be automatically adjusted to reflect the imposition of new fees or increases in existing fees relating to the County’s processing of Controllable Organic Waste imposed by State, federal or other agencies. The County shall provide notice of any increase pursuant to this Section as soon as practicable after becoming aware of the imposition of any fees described above.

ARTICLE V
TERM
SECTION 5.1 EFFECTIVE DATE AND TERM.
(A) Initial Term. This Organic Services Agreement shall become effective, shall be in full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2036, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination. 61 61 of 124
(B) Bi-Annual Opener. In light of the significant changes in law by the California Legislature to address climate change, the Parties agree to meet at least bi-annually or earlier at the request of County to review the Organic Contract Rate and discuss the need for additional investment into the Organic Infrastructure to respond to existing or new legislative requirements, diversion requirements, provision of new services, or other matters of mutual concern to the Parties.
(C) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the Parties, on or before June 30, 2036 for an additional term of 10 years (the “Renewal Term”) on the same terms and conditions as are applicable during the Initial Term hereof or on amended terms as may be mutually agreed to by the Parties. The City shall give the County written notice of its election to renew this Agreement on or before June 30, 2034. If the parties do not execute a renewal of this Agreement prior to June 30, 2036 it shall expire.

ARTICLE VI

GENERAL PROVISIONS
SECTION 6.1 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective Parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any Party by notice to the other Party.

SECTION 6.2 ATTORNEYS FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear their own attorney’s fees, costs and expenses.

SECTION 6.3 RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties.

SECTION 6.4 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either Party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non- performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory.

SECTION 6.5 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly authorized and executed by both Parties.

SECTION 6.7 NOTICE OF LITIGATION. Each Party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement executed by the City or the County or any Legal Entitlement issued in connection herewith.

SECTION 6.8 FURTHER ASSURANCES. At any and all times the City and the County so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement.

SECTION 6.9 ASSIGNMENT OF AGREEMENT. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either Party hereto without the prior written consent of the other Party, which may be withheld in the other Party’s sole discretion. Notwithstanding the foregoing, either Party may assign this Agreement to another public entity, subject to the reasonable consent of the other party. In such circumstances the Party not requesting the assignment shall have the right to demand assurances of the financial, technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning Party.

SECTION 6.10 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the Parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section 6.9 hereof. 62 62 of 124
Signature Page to Follow
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IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written.

COUNTY OF ORANGE
Date By
Director, OC Waste & Recycling
APPROVED AS TO FORM:

COUNTY COUNSEL

ORANGE COUNTY, CALIFORNIA
By
Date
Date By
[NAME]
City Representative
City of XX
Date By
[NAME]
City Representative
City of XX
APPROVED AS TO FORM:

By
City Attorney
Date
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Attachment 1

COUNTY OF ORANGE ORGANIC INFRASTRUCTURE
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Attachment 1

COUNTY OF ORANGE ORGANIC INFRASTRUCTURE
The County of Orange owns and operates a network of three commercial organic processing facilities co-located at each of the active landfills. Each of the organic processing facilities have the ability to receive organic material and to produce organic products for cities to meet their Take-Back requirements specified within this agreement. Products produced at the organic processing facilities meet CalRecycle’s SB 1383 procurement requirement and are certified under the US Composting Council’s Standard of Testing Assurance (STA) Program. Product offerings include compost and composted mulch. Additional products may be offered as determined by the County.

A summary of each of the organic processing facilities is listed below:

Valencia Greenery (Co-Located at Olinda Alpha Landfill) 1942 N. Valencia Avenue
Brea, CA 92823
Permitted Maximum Tonnage (Open Windrow): 94 tons per day Proposed Permitted Maximum Tonnage (Covered Aerated Static Pile): 228 tons per day Permitted Hours of Operation: Monday through Saturday 6:00 am to 4:00 pm Ancillary Operation Hours: 24 hours per day/7 days a week Bee Canyon Greenery (Co-Located at Frank R. Bowerman Landfill) 11002 Bee Canyon Access Road
Irvine, CA 92602
Permitted Maximum Tonnage (Open Windrow): 210 tons per day Proposed Permitted Maximum Tonnage (Covered Aerated Static Pile): 876 tons per day Permitted Hours of Operation: Monday through Saturday 7:00 am to 5:00 pm Ancillary Operation Hours: 24 hours per day/7 days a week Capistrano Greenery (Co-Located at Prima Deshecha Landfill) 32250 Avenida La Pata
San Juan Capistrano, CA 92675
Permitted Maximum Tonnage (Open Windrow): 204 tons per day Proposed Permitted Maximum Tonnage (Covered Aerated Static Pile): 536 tons per day Permitted Hours of Operation: Monday through Saturday 7:00 am to 5:00 pm Ancillary Operation Hours: 24 hours per day/7 days a week This list may be modified/expanded at the discretion of the County. 66 66 of 124
Attachment 2

SPECIFICATIONS FOR CONTROLLABLE ORGANIC WASTE AS PROCESSED GREEN WASTE

MATERIAL (PGM) AT COUNTY ORGANIC INFRASTRUCTURE
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Attachment 2

SPECIFICATIONS FOR CONTROLLABLE ORGANICE WASTE AS PROCESSED GREEN WASTE

MATERIAL (PGM) AT COUNTY ORGANIC INFRASTRUCTURE

DESCRIPTION
Processed Green Material (PGM) consists of yard waste, grass clippings, leaves, tree trimmings and plant-based materials which have been sorted to remove contamination and processed by shredding or grinding. PGM should not contain manure, stable waste or pet waste, which can create odors.

Processed Green Material is defined as following (California Code of Regulations, Title 27, Division 2, Subdivision 1, Chapter 3, Subchapter 4, Section 20690 [b] [3]):
• Processed Green Material – means any plant material that is either separated at the point of generation or separated at a centralized facility that employs methods to minimize contamination. Green material includes, but is not limited to, yard trimmings, untreated wood wastes, paper products, and natural fiber products. Green material does not include treated wood waste, mixed demolition or mixed construction debris, manure, or plant waste from the food processing industry, alone or blended with soil. Processed green material may include varying proportions of wood waste from urban and other sources and shall be ground, shredded, screened, source separated for grain size, or otherwise processed.

CONTAMINANT DEBRIS
The PGM should be free from all contaminant debris (glass, plastic, film plastic, metals, etc.) as well as salt and deleterious material such as clods, coarse objects, rocks, inert debris, and Material Recovery Facility (“MRF”) fines.

County personnel visually inspect the PGM loads as they come in, making sure that the specifications are met and to determine if the loads are contaminated (i.e., mixed with paper, plastics and other trash.) If the loads appear to have unacceptable contamination in excess of 0.5% either by weight or volume, the PGM loads will not be allowed into the Organic Infrastructure and the City and/or hauler will be notified that contaminated PGM loads are unacceptable. The PGM will be deemed as municipal solid waste and the City and/or hauler will have the option to take the material to the landfill for disposal or be returned to the hauler’s facility for additional processing. For material that is physically dumped at the unloading area and is deemed unacceptable by OC Waste & Recycling staff, the material will be reloaded into the transfer vehicle for reprocessing at hauler’s processing facility or sent to the landfill for disposal.

Hauler will be charged the current “Hard-to-Handle” fee for re-loading services and disposal of unacceptable material.

SIZE
The particle size of the PGM acceptable is between ½-inch and 3 inches in length between ½-inch and 1 inch in width and between ½-inch and 1 inch in thickness. No particle should exceed 3 inches in any dimension.

MOISTURE CONTENT
The moisture content of the PGM should be in the range of 50-60 percent. If the PGM’s moisture content is unacceptable and cannot be received for processing at the County’s Organic Infrastructure Facilities, the material will be re-loaded into the transfer vehicle for reprocessing at hauler’s processing facility or sent to the landfill for disposal.

The hauler will be charged the current “Hard-to-Handle” fee for re-loading services and disposal of unacceptable material.

FOOD WASTE
Residential food waste mixed with PGM as part of a city organic collection program is acceptable provided that the food waste is free of contaminant debris (glass, plastic, food packaging, non-compostable silverware, soiled napkins, 68 68 of 124
etc.). No commercial or source-separated food waste will be accepted except for cases where the County has entered into an agreement with a City to accept specific source separated organic material as Additional Feedstock as described below.

SOURCE SEPARATED MANURE
Subject to available capacity, City and/or Hauler may bring non-residential, source separated manure and stable bedding pursuant to the following Manure/Stable Bedding Program requirements:

1. Material Quantity: manure/stable bedding must be uncontaminated which means free of any hazardous materials, food waste packaging, plastics, glass, and any large bulky items and inert materials that need to be further sized or removed for composting. (“Material”)

2. Material Volume: County and City/Hauler will determine the anticipated volume of Material to ensure that the County’s Organic Infrastructure has sufficient capacity to manage the proposed amount of Material.

3. Material will be load checked to determine if it meets the established quality standards. If contaminants exceed

0.5% (by weight or volume), the load is deemed contaminated and not meeting quality standard for use in the Manure/Stable Bedding Program.

4. Material that is deemed unacceptable will be subject to the fees established by OCWR for this material type.

Material that does not meet the established quality standards will be charged as follows:
a. If determined not to meet quality standards before Material is unloaded, standard disposal rates will apply.
b. If determined not to meet quality standards after Material is unloaded (or partially unloaded), hard-to-handle disposal rates will apply.

5. Material Delivery:
a. All Material deliveries will be scheduled and coordinated with OCWR prior to delivery. Any changes to material delivery quantities or days will be coordinated with OCWR prior to making the change.
b. While OCWR will remain as flexible as possible on timing of deliveries, material deliveries will be limited to Monday through Friday between 8:00 am and 2:00 pm and subject to holiday schedules. Should the delivery times change, then OCWR shall give two (2) days prior notice of the delivery time change.
c. Upon delivery, OCWR staff will record exact tonnage, name of hauler/transporter provider, and note distinguishing characteristics of feedstock and other pertinent information. d. Deliveries made without OCWR prior approval may be refused or charged at the established rate.
e. OCWR reserves the right to deny a request to deliver for any reason. (i.e., OCWR does not guarantee that it will accept manure/stable bedding under this program. Instead, OCWR will accept Material based on its operational need and will make every effort to accommodate City’s/hauler Material except when a reduction or stoppage is needed.)

ADDITIONAL FEEDSTOCK
The County at its discretion may accept additional material types such as food waste and manure based on availability and permitting conditions at each of the County’s organic processing facilities. The County will work with City to identify the specifications for accepting the material types including scheduling of deliveries and quantities.

CHANGES TO SPECIFICATIONS
County reserves the right to modify the Specifications found in this Appendix due to a change in law or regulation or in consideration of operational or Organic Processing Infrastructure needs. County shall provide 90 days notice regarding changes to this Appendix.
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Attachment 3

CITY ORGANIC TONNAGE LIMIT
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Attachment 3

CITY ORGANIC TONNAGE LIMIT
The City Organic Tonnage Limit listed in the Attachment is the maximum amount of Controllable Organic Waste that County is committed to accept under the Organic Service Agreement.

Jurisdiction Designated Greenery City Organic Tonnage Limit Daily Limit1 Monthly Limit2 Annual
Limit
TBD ________tons _________ tons _______ tons
TBD
TBD
TBD

1. Daily Limit includes up to 20% by weight of source separated manure and stable bedding.

2. In the event City delivers less than their monthly limit, County may allocate unused City capacity at its discretion. 71 71 of 124
Attachment 4

ORGANIC INFRASTRUCTURE RESOLUTION
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STAFF REPORT
Meeting Date:

March 24, 2026

CONSENT
8 SUBJECT: RESOLUTION APPROVING THE 2026 INVESTMENT POLICY RECOMMENDATION: It is recommended that the City Council:

1. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, ADOPTING THE 2026 INVESTMENT POLICY”.

SUMMARY OF THE MATTER
On March 10, 2024, the proposed 2026 Investment Policy was presented to the City Council and the Investment Advisory Subcommittee, City Manager and City Treasurer were available for comments. That policy, as modified, has not received any additional comments to date.

This item would approve the 2026 Investment Policy by resolution, and would state that the Policy lives on until reviewed and/or replaced in 2027. We thank the members of the Investment Advisory Committee, especially its subcommittee (Members Brown and Ciabattoni), for the extensive work done to review and update the Policy.

FINANCIAL ANALYSIS
While adopting the Investment Policy and the tools within it directly impact the City’s finances, the recommended action itself has no specific budget impact.

ENVIRONMENTAL ANALYSIS
The recommended action has no environmental impact.

ATTACHMENTS

1. Resolution (Pgs. 2-23)
Submitted By: . Approved: .David A Kiff
Laura Parisi, CPA, CCMT, City
Treasurer
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Laura Parisi, CPA, CCMT, City Treasurer Dave Kiff, City Manager 1 of 147
RESOLUTION NO. 26.XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, ADOPTING THE 2026

INVESTMENT POLICY
WHEREAS, Government Code section 53600 et seq. (the “Investment of Surplus Statute”) authorizes the City Council of the City of Laguna Beach (“City”), or persons authorized to make investment decisions on behalf of the City, to invest, reinvest, purchase, acquire, exchange, sell, or manage public surplus funds; and
WHEREAS, Government Code section 53607 authorizes the City Council to delegate its authority to invest or reinvest funds, or to sell or exchange securities so purchased, for a one-year period; and
WHEREAS, on July 9, 2024, in an effort to achieve a greater return on the City’s investments, the City Council retained authority over the City’s investments, in accordance with the Investment of Surplus Statute and the City’s Investment Policy. At that time, the Council outsourced the management of the City’s surplus investments, including the sale or exchange of securities so purchased, to Meeder Public Trust (“Meeder”); and directed the City Manager to oversee Meeder and the investments delegated thereto, and directed the City Treasurer to continue overseeing the management of bond proceeds and the funds to meet the City’s liquidity needs; and directing the Investment Advisory Committee (“Committee”) to meet quarterly to review performance and investment strategies; and
WHEREAS, the consensus recommendation by the California Debt Issuance Advisory Committee (“CDIAC”) is that an investment policy should always be in place. The Treasurer may annually render to the City Council and to the Committee an Investment Policy, which the Council shall review and approve at a public meeting; and
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-2- Reso. #26.XXX
WHEREAS, on June 10, 2025, the Council adopted Resolution 25.035 to establish the Committee to ensure focused oversight and expertise in investment management; and WHEREAS, the Resolution directed that the Committee shall advise the City Treasurer and/or City Council on matters related to the City’s Investment Policy, subject to the City Council’s ultimate decision-making authority; and
WHEREAS, the Investment Policy proposed by the Treasurer and Committee was presented to the City Council on March 10, 2026 and has been posted on the City website for public comment. That policy is attached to this resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES RESOLVE:

SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct and are incorporated herein and by this reference are made an operative part hereof.

SECTION 2. The City Council has delegated the management of the surplus investments to Meeder and has the City Manager oversee Meeder. The City Council has directed the City Treasurer to continue to oversee the management of investments of bond proceeds, funds for the liquidity needs of the City and other accounts.

SECTION 3. The City Council approves the 2026 Investment Policy as Exhibit A to this Resolution.

SECTION 4. This Policy shall be operative and shall be considered readopted at the end of each calendar year for the following calendar year until such time that the City Council adopts a new or amended Policy.
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-3- Reso. #26.XXX
ADOPTED this 24th day of March, 2026.

Mark Orgill, Mayor
ATTEST:

Ann Marie McKay, City Clerk
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, certify that the foregoing Resolution No. 26.XXX was duly adopted at a regular meeting of the City Council of said City held on March 24, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

City Clerk, City of Laguna Beach, CA
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STAFF REPORT
Meeting Date:

March 24, 2026

CONSENT
9 SUBJECT: RESOLUTION TO SET A PUBLIC HEARING DATE FOR THE ANNUAL

SIDEWALK AND INTERSECTION VISIBILITY NUISANCE ABATEMENT

PROGRAM
RECOMMENDATION: It is recommended that the City Council:

1. Adopt the attached Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF LAGUNA BEACH, CALIFORNIA, DECLARING AND DETERMINING THAT

VEGETATION OR WEEDS UPON THE STREETS, SIDEWALKS, PARKWAYS AND

PRIVATE PROPERTY IN THE CITY OF LAGUNA BEACH ARE A PUBLIC NUISANCE, AND

DIRECTING THE CITY CLERK TO MAIL NOTICES TO DESTROY AND REMOVE SAID

VEGETATION OR WEEDS AS REQUIRED BY LAW, AND FIXING THE TIME FOR

HEARING OBJECTIONS AND PROTESTS, AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,” which will set a public hearing date of May 12, 2026, for the Annual Sidewalk and Intersection Visibility Nuisance Abatement Program; and

SUMMARY OF THE MATTER
This report recommends that the City Council adopt a resolution declaring vegetation and weeds located on streets, sidewalks, parkways, and private property within the City of Laguna Beach to be a public nuisance and setting a public hearing date of May 12, 2026, for the Annual Sidewalk and Intersection Visibility Nuisance Abatement Program.

Each year, the City inspects streets and intersections to identify privately maintained vegetation that obstructs pedestrian travel on sidewalks or limits visibility for motorists at intersections. Pursuant to Laguna Beach Municipal Code (“LBMC”) Chapter 12.12 and California Government Code Sections 39560–39588, the City may address multiple nuisance properties through a single public hearing process.

Staff has identified 99 parcels requiring vegetation abatement this year. Adoption of the attached resolution will initiate the required notice process and schedule the public hearing at which property owners may submit objections or protests before the City Council considers ordering abatement.

DISCUSSION
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RESOLUTION TO SET A PUBLIC HEARING DATE FOR THE ANNUAL SIDEWALK AND

INTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAM
March 24, 2026

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Laguna Beach City CouncilMarch 24, 2026

Laguna Beach City Council
March 24, 2026