Yorba Linda City Council
June 7, 2022

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zone L-2G
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 454,570 square feet of designated landscape improvement area that incorporates an estimated 1,330 square feet of irrigated median landscaping; 297,440 square feet of irrigated sloped/mostly-sloped landscaped area; and 155,800 square feet of flat/moderately-sloped landscaped area that includes 55,380 square feet of irrigated landscaping and 100,420 square feet of non-irrigated improvement area (1,450 square feet of natural vegetation or minimal-landscaped areas and 98,970 square feet of trails).

Local Landscaping Zone L-2H
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 375,010 square feet of designated landscape improvement area that incorporates an estimated 263,790 square feet of irrigated sloped/mostly-sloped landscaped area; and 111,220 square feet of flat/moderatelysloped landscaped area that includes 23,610 square feet of irrigated landscaping and 87,610 square feet of trails.

A portion of the designated landscape improvement areas associated with this Zone includes the trail along the eastern border of the Zone. This trail area (approximately 41,670 square feet) is shared by properties in the adjacent Zone (L-2J). The square footages presented above represents this Zone’s proportional special benefit allocation of the square footage of that shared improvement area based on the proportional equivalent benefit units in each Zone.

Local Landscaping Zone L-2I
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 437,910 square feet of designated landscape improvement area that incorporates an estimated 3,810 square feet of irrigated median landscaping; 180,030 square feet of irrigated sloped/mostly-sloped landscaped area; and 254,070 square feet of flat/moderately-sloped landscaped area of which 115,750 square feet is irrigated and 138,320 square feet is trails.

A portion of the landscaped area for this Zone includes the interconnecting trails and greenbelts that extend across Zones L-2I, L-2O and L-2P. The overall improvement area associated with this greenbelt/trail (approximately 196,440 square feet) is proportionately shared by the properties in these Zones and the square footage presented above includes this Zone’s proportional special benefit allocation of the square footage of that shared improvement area based on the proportional equivalent benefit units in each Zone.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zone L-2J
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 194,410 square feet of designated landscape improvement area that incorporates an estimated 69,550 square feet of irrigated sloped/mostly-sloped landscaped area; and 124,860 square feet of flat/moderatelysloped landscaped area that includes 37,820 square feet of irrigated landscaping and 87,040 square feet of non-irrigated area (54,080 square feet of natural vegetation or tree maintenance only areas and 32,960 square feet of trails). In the tree maintenance only areas within the Zone, the District maintains just the trees but the landscaping in these designated areas is not maintained by the District.

A portion of the designated landscape improvement areas associated with this Zone includes the trail along the western border of the Zone. This trail area (approximately 41,670 square feet) is shared by properties in the adjacent Zone (L-2H). In addition, the landscape improvements (approximately 1,125 square feet) located on the south side of Via Del Parque just east of Dominguez Ranch Road is proportionately shared by properties in L-2P and L-2J. Although this improvement area is within the boundaries of L-2J and adjacent to L-2J properties, these improvements were originally installed as part of the development of properties within L-2P and are therefore treated as a shared special benefit. The square footages presented above represents this Zone’s proportional special benefit allocation of the square footage of the shared improvement areas.

Local Landscaping Zone L-2K
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 612,000 square feet of designated landscape improvement area that incorporates an estimated 2,040 square feet of irrigated median landscaping area; 256,960 square feet of irrigated sloped/mostly-sloped landscaped area; 353,000 square feet of flat/moderately-sloped landscaped area that includes 85,940 square feet of irrigated landscaping and 267,060 square feet of non-irrigated improvements (254,200 square feet of natural vegetation or minimal-landscaped areas and 12,860 square feet is trails.

The maintenance, servicing, and operation of the above designated square feet of landscape improvement area, which is depicted on the improvement map contained in “Part V- Assessment Diagrams” of this Report, includes approximately 280,200 square feet of reduced service level area. Although the reduced service level area may be irrigated, the servicing of these improvements or any other such areas within the Zone may be performed only as needed or deemed necessary by the City.

Local Landscaping Zone L-2L
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 180,340 square feet of irrigated sloped/mostly-sloped landscaped area.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zone L-2M
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 37,690 square feet of designated landscape improvement area that incorporates an estimated 25,120 square feet of irrigated sloped/mostly-sloped landscaped area; and 12,570 square feet of flat/moderately-sloped landscaped area that includes 11,840 square feet of irrigated landscaping and 730 square feet of trails.

Local Landscaping Zone L-2N
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 51,860 square feet of designated landscape improvement area that incorporates an estimated 26,040 square feet of irrigated sloped/mostly-sloped landscaped area; and 25,820 square feet of flat/moderately-sloped landscaped area that includes 17,380 square feet of non-irrigated landscaping and 8,440 square feet of trails.

Portions of the designated landscaping improvement areas associated with this Zone are shared with properties in Zone L-2V (specifically a portion of the irrigated parkway side-panel improvements and trail on Esperanza Road at the east end of Zone L-2N and the west end of L2V) and the square footages presented above represents this Zone’s proportional special benefit allocation of the total square footage of those shared improvement areas based on the proportional equivalent benefit units in each Zone. The maintenance, servicing, and operation of the above designated square feet of landscape improvement area, which is depicted on the improvement map contained in “Part V- Assessment Diagrams” of this Report, includes approximately 17,370 square feet of reduced service level area. Although the reduced service level area may be irrigated or shared in part with another Zone, the servicing of these improvements or any other such areas within the Zone may be performed only as needed or deemed necessary by the City.

Local Landscaping Zone L-2O
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 47,900 square feet of designated landscape improvement area that incorporates an estimated 13,370 square feet of irrigated sloped/mostly-sloped landscaped area; and 34,530 square feet of flat/moderately-sloped landscaped area of which 19,090 square feet is irrigated and 15,440 square feet is trails. All of the landscaped area for this Zone is associated with the interconnecting trails and greenbelts that extend across Zones L-2I, L-2O and L-2P. The overall improvement area associated with this greenbelt/trail (approximately 196,440 square feet) is proportionately shared by the properties in these Zones and the square footage presented above includes this Zone’s proportional special benefit allocation of the square footage of that shared improvement area based on the proportional equivalent benefit units in each Zone.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zone L-2P
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 249,400 square feet of designated landscape improvement area that incorporates an estimated 197,160 square feet of irrigated sloped/mostly-sloped landscaped area; and 52,240 square feet of flat/moderately-sloped landscaped area including 46,070 square feet of irrigated landscaping and 6,170 square feet of trails.

A portion of the landscaped area for this Zone includes the interconnecting trails and greenbelts that extend across Zones L-2I, L-2O and L-2P. The overall improvement area associated with this greenbelt/trail (approximately 196,440 square feet) is proportionately shared by the properties in these Zones and the square footage presented above includes this Zone’s proportional special benefit allocation of the square footage of that shared improvement area based on the proportional equivalent benefit units in each Zone. In addition, the landscape improvements (approximately 1,125 square feet) located on the south side of Via Del Parque just east of Dominguez Ranch Road is proportionately shared by properties in L-2P and L-2J. Although this improvement area is within the boundaries of L-2J and adjacent to L-2J properties, these improvements were originally installed as part of the development of properties within L-2P and are therefore treated as a shared special benefit.

Local Landscaping Zone L-2Q
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 97,350 square feet of designated landscape improvement area that incorporates an estimated 36,250 square feet of irrigated sloped/mostly-sloped landscaped area; and 61,100 square feet of flat/moderately-sloped landscaped area that includes 32,790 square feet of irrigated landscaping and 28,310 square feet of trails.

Local Landscaping Zone L-2R
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 96,290 square feet of designated landscape improvement area that incorporates an estimated 2,590 square feet of irrigated median landscaping; 17,450 square feet of irrigated sloped/mostly-sloped landscaped area; and 76,250 square feet of irrigated flat/moderately-sloped landscaped area.

Local Landscaping Zone L-2S
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 50,480 square feet of designated landscape improvement area that incorporates an estimated 10,290 square feet of sloped/mostly-sloped landscaped area of which 9,330 square feet is irrigated and 960 square feet is non-irrigated area; and 40,190 square feet of flat/moderately-sloped landscaped area that includes 8,370 square feet of irrigated landscaping and 31,820 square feet of non-irrigated areas (2,410 square feet of natural vegetation or minimal-landscaped areas and 29,410 square feet of trails).

Portions of the designated landscaping improvement areas associated with this Zone (approximately 18,550 square feet) is shared with properties Zones L-2F, L-2T, and L-2U (specifically the connecting trail area within and adjacent to these Zones). The square footages presented above represents this Zone’s proportional special benefit allocation of the total square

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

footage of these shared improvement areas based on the proportional equivalent benefit units in each Zone.

Local Landscaping Zone L-2T
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 238,510 square feet of designated landscape improvement area that incorporates an estimated 115,520 square feet of sloped/mostly-sloped landscaped area of which 111,890 square feet is irrigated and 3,630 square feet is non-irrigated area; and 122,990 square feet of flat/moderately-sloped landscaped area that includes 57,150 square feet of irrigated landscaping and 65,840 square feet of non-irrigated areas (3,500 square feet of natural vegetation or minimal-landscaped areas and 62,340 square feet of trails).

Portions of the designated landscaping improvement areas associated with this Zone (approximately 18,550 square feet) is shared with properties Zones L-2F, L-2S, and L-2U (specifically the connecting trail area within and adjacent to these Zones). The square footages presented above represents this Zone’s proportional special benefit allocation of the total square footage of these shared improvement areas based on the proportional equivalent benefit units in each Zone.

Local Landscaping Zone L-2U
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 76,210 square feet of designated landscape improvement area that incorporates an estimated 35,560 square feet of sloped/mostly-sloped landscaped area of which 34,960 square feet is irrigated and 600 square feet is non-irrigated area; and 40,650 square feet of flat/moderately-sloped landscaped area that includes 15,130 square feet of irrigated landscaping and 25,520 square feet of non-irrigated area (14,270 square feet of natural vegetation or minimal-landscaped areas and 11,250 square feet of trails).

Portions of the designated landscaping improvement areas associated with this Zone (approximately 18,550 square feet) is shared with properties in Zones L-2E and L-2F (specifically the parkway side-panel improvements on Village Center Drive); with properties in Zone L-2F (specifically the parkway side-panel entryway improvements on Manzanita Avenue); and with properties in Zones L-2F, L-2S, and L-2T (specifically the connecting trail area within and adjacent to these Zones). The square footages presented above represents this Zone’s proportional special benefit allocation of the total square footage of these shared improvement areas based on the proportional equivalent benefit units in each Zone.

Local Landscaping Zone L-2V
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 412,530 square feet of designated landscape improvement area that incorporates an estimated 19,430 square feet of irrigated median landscaping; 152,310 square feet of irrigated sloped/mostly-sloped landscaped area; and 240,790 square feet of flat/moderately-sloped landscaped area of which 118,370 square feet is irrigated and 122,420 square feet is non-irrigated (60,600 square feet of natural vegetation or minimal-landscaped areas and 61,820 square feet of trails).

A small portion of the designated landscaping improvement areas associated with this Zone is shared with properties in Zone L-2N (specifically a portion of the irrigated parkway side-panel

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

improvements on Esperanza Road at the east end of Zone L-2N and the west end of L-2V) and the square footages presented above represents this Zone’s proportional special benefit allocation of the total square footage of that shared improvement area based on the proportional equivalent benefit units in each Zone.

Local Landscaping Zone L-3
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 34,860 square feet of designated landscape improvement area that incorporates an estimated 27,270 square feet of irrigated median landscaping and 2,650 square feet of non-irrigated/hardscape median area; and 4,940 square feet of flat/moderately-sloped landscaped area of which 2,760 square feet is irrigated landscaping and 2,180 square feet is trails.

Local Landscaping Zone L-4A
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 272,990 square feet of designated landscape improvement area that incorporates an estimated 17,120 square feet of irrigated median landscaping; 75,550 square feet of sloped/mostly-sloped landscaped area of which 48,750 square feet is irrigated and 26,800 square feet is non-irrigated area; and 180,320 square feet of flat/moderately-sloped landscaped area of which 118,040 square feet is irrigated and 62,280 square feet is non-irrigated (37,110 square feet of natural vegetation or minimallandscaped area and 25,170 square feet of trails).

Local Landscaping Zone L-4B
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 115,470 square feet of designated landscape improvement area that incorporates an estimated 58,010 square feet of sloped/mostly-sloped landscaped area of which 5,800 square feet is irrigated and 52,210 square feet is non-irrigated area; and 57,460 square feet of flat/moderately-sloped landscaped area that includes 26,500 square feet of irrigated landscaping and 30,960 square feet of trails.

Local Landscaping Zone L-5A
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 1,941,160 square feet of designated landscape improvement area that incorporates an estimated 26,230 square feet of irrigated median landscaping and 9,560 square feet non-irrigated/hardscape median area; 479,300 square feet of sloped/mostly-sloped landscaped area of which 353,320 square feet is irrigated and 125,980 square feet is non-irrigated area; and 1,426,070 square feet of flat/moderately-sloped landscaped area of which 351,590 square feet is irrigated and 1,074,480 square feet of non-irrigated areas (759,270 square feet of natural vegetation or minimallandscaped areas and 315,210 square feet of trails).

A portion of the landscaped area along the southern boundary of the Zone is identified as a landscape mitigation area and is proportionately shared by Zone L-5A and the General Fund. This area extends east from Prospect Avenue along the north side of Wabash Avenue to 3rd Street, then south along the east side of 3rd Street to Chicago Avenue, then east along the north side of Chicago Avenue over to Valley View Avenue, then south along the west side of Valley View Avenue to Walnut Street. These landscape mitigation improvements were installed in connection with the development of properties within L-5A and the residential developments south of these

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

improvements are not part of a Local Landscaping Zone. The cost to maintain these landscape mitigation improvements will be funded equally by Zone L-5A assessments and the City. For purpose of calculating the proportional special benefits, the square footages presented above includes this Zone’s proportional allocation of the square footage in this area. In total, this mitigation area is approximately 186,600 square feet of which 93,300 square feet is allocated to Zone L-5A and included in the square footage numbers above.

The maintenance, servicing, and operation of the above 1,974,260 square feet of landscape improvement area, which is depicted on the improvement map contained in “Part V- Assessment Diagrams” of this Report, includes approximately 860,085 square feet of reduced service level or fuel modification areas, which are serviced only as needed or deemed necessary by the City, ranging from approximately 1 to 4 times per year.

Local Landscaping Zone L-5B
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 1,398,760 406 square feet of designated landscape improvement area that incorporates an estimated 948,410 square feet of sloped/mostly-sloped landscaped area of which 946,340 square feet is irrigated and 2,070 square feet is non-irrigated area; and 450,350 square feet of flat/moderately-sloped landscaped area of which 163,750 square feet is irrigated and 286,600 square feet of non-irrigated areas (3,930 square feet of natural vegetation or minimal-landscaped areas and 282,670 square feet of trails).

Local Landscaping Zone L-5C
The properties within this Local Landscaping Zone proportionately share and receive special benefit from the maintenance, servicing, and operation of approximately 522,080 square feet of designated landscape improvement area that incorporates an estimated 198,450 square feet of irrigated sloped/mostly-sloped landscaped area; and 323,630 square feet of flat/moderatelysloped landscaped area of which 34,000 square feet is irrigated landscaping and 289,630 square feet is trails.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Part II - Method of Apportionment
Legislative Authority and Provisions
1972 Act
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition, construction, installation and servicing of landscape improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value:

Section 22573 defines the net amount to be assessed as follows:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
Section 22574 provides for zones as follows:
“The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements.

A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.”
The formulas used for calculating assessments and the designation of zones herein reflect the composition of parcels within the District and the improvements and activities to be provided, and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel, consistent with the requirements of the 1972 Act and the provisions of Proposition 218 and Article XIII D of the California Constitution.

California Constitution
The costs of the proposed improvements for fiscal year 2022/2023 have been identified and allocated to properties within the District based on special benefit. The improvements provided by this District and for which properties are assessed are local public landscape improvements and related amenities that were installed in connection with the development of the properties or would otherwise be required for the development of properties within each respective Zone of the District. The assessments and method of apportionment is based on the premise that these improvements would otherwise not have been required without the development of those parcels within the District.

Article XIII D Section 2d defines District as follows:
“District means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service”; Article XIII D Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.”

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Article XIII D Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” Benefit Analysis
Special Benefits
The ongoing maintenance of landscaped areas within the District provide aesthetic benefits to the properties within each respective Zone and a more pleasant environment to walk, drive, live, and work. The primary function of the landscape improvements and related amenities is to serve as an aesthetically pleasing enhancement and green space for the benefit of the immediately surrounding properties and developments for which the improvements were constructed and installed and/or were facilitated by the development or potential development of properties within the Zones. These improvements are an integral part of the physical environment associated with the parcels in each Zone and while some of these improvements may in part be visible to properties outside the Zone, collectively if these Zone improvements are not properly maintained, it is the parcels within the Zone that would be aesthetically burdened. Additionally, the street landscaping in these Zones serves as both a physical buffer as well as a sound reduction buffer between the roadways and the properties in the District and also serves as a pleasant aesthetic amenity that enhances the approach to the parcels. Likewise, in many of the Zones, the landscaped areas include green space areas (slopes, greenbelts, and trails) that provide a physical buffer and open space between properties and these areas serve as an extension of the physical attributes of the parcels assessed, such as their front or rear yards. These green space areas may also provide a greater opportunity for recreation. As a result, the maintenance of these landscaped improvements provides particular and distinct benefits to the properties and developments within each Zone.

Likewise, street lighting in the District is primarily useful for illuminating the streets that provide access to the properties in the District as well as the sidewalks and parking lanes associated with those properties. While it is recognized that both street lights and traffic signals serve in part to enhance traffic safety, installation and construction of these improvements were clearly required by the development of properties within the district and these improvements provide three main special benefits to those properties: (i) property security benefit, (ii) pedestrian safety benefit, and (iii) parkway/roadway egress benefit. Furthermore, because traffic circulation in the City is largely the result of local traffic to and from these properties by the property owners and guests, it is reasonable to assume that these properties derive a particular and distinct benefit from the street lights and traffic signals that support the safe access to the properties and essentially all pedestrians and parking vehicles in the lit areas will, after dark, be directly associated with the assessed properties. As a result, the maintenance of these lighting improvements is a particular and distinct benefit to the properties and developments within each Zone.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

General Benefit
General Benefit Within Landscaping Zones
In reviewing the location and extent of the specific landscaped areas and improvements to be funded by District assessments and the proximity and relationship to properties to be assessed, it is evident these improvements were primarily installed in connection with the development of properties in each respective Zone or are improvements that would otherwise be shared by and required for development of properties in those Zones. It is also evident that the maintenance these improvements and the level of maintenance provided has a direct and particular impact (special benefit) on those properties in proximity to those improvements. Furthermore, this level of maintenance is beyond that which is required to ensure the safety and protection of the general public and property in general, and such maintenance has no quantifiable benefit to the public at large or properties outside each respective Zone.

In the absence of a special funding Zone, the City would typically provide only limited tree management, minimal weed abatement, and as-needed rodent control and erosion control services for the various landscape easement areas. This baseline level of service would typically provide for periodic servicing of the improvement areas (generally twice annually) or on an asneeded basis. This baseline level of service provides for general public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways and potential property damage resulting from slope failures but results in a far less visually pleasing environment than is created with the enhanced levels of services associated with the regular landscape maintenance currently provided in the various District Zones.

Based on service provider cost estimates provided to the City, the cost to provide the baseline level of service for flat/moderately-sloped landscaped areas is currently estimated to be approximately $986 per acre ($0.022629 per square foot) including medians, parkway side panels, greenbelts, trails and/or areas identified natural vegetation or minimal/modified/fallowlandscaped areas; and approximately $1,407 per acre ($0.032299 per square foot) for slope landscaping. These baseline level of service rates are approximately 3.83% greater than the rates applied in the previous fiscal year.

This baseline servicing, unlike the enhanced aesthetic services funded through the District assessments, would provide benefits to the general public and to the properties both within and outside of the specific benefit zones. These costs of providing this baseline service along with a five percent (5%) cost factor for City overhead and administration is treated as the cost of general benefits from landscape maintenance services. Therefore, for flat/moderately-sloped landscaped areas a rate of $0.023760 per square foot ($0.022629 +5%) is applied to calculate the general benefit costs for the assessed improvements and for sloped landscaped areas a rate of $0.033914 per square foot ($0.032299 +5%) is applied to calculate the general benefit costs for the assessed improvements.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Utilizing the per square foot costs outlined above and the square footages of the improvement areas in each Zone, the following table summarizes the current estimated general benefit costs calculated for each District Landscape Zone (both local and arterial zones):

Fiscal Year 2022/2023 Estimated General Benefit Landscaping Costs (1) As with most landscape maintenance costs, the General Benefit Costs shown above will be impacted by inflation and in subsequent fiscal years the General Benefit Cost contributions will be adjusted for inflation.

Other Landscaping General Benefits
In addition to the general benefit identified above, it is recognized that there are indirect or incidental general benefits to properties within the District as well as the general public that are associated with regular landscape maintenance services, including:
➢ Minimization of dust and debris; and
➢ Decreased potential water runoff from both properties and the landscaped areas.

Although these types of benefits might best be characterized as indirect consequences of the special benefit of the landscape maintenance provided to parcels served by the District, for the General
Benefit Cost
(1) General
Benefit Cost
(1)
Local Zone L-1A $53,228 Local Zone L-1B $39,737
Local Zone L-1C $26,692 Local Zone L-1D $2,798
Local Zone L-1E $1,556 Local Zone L-2A $20,980
Local Zone L-2B $20,454 Local Zone L-2C $72,098
Local Zone L-2D $27,905 Local Zone L-2E $6,272
Local Zone L-2F $2,221 Local Zone L-2G $13,821
Local Zone L-2H $11,589 Local Zone L-2I $12,233
Local Zone L-2J $5,325 Local Zone L-2K $17,150
Local Zone L-2L $6,116 Local Zone L-2M $1,151
Local Zone L-2N $1,497 Local Zone L-2O $1,274
Local Zone L-2P $7,928 Local Zone L-2Q $2,681
Local Zone L-2R $2,465 Local Zone L-2S $1,304
Local Zone L-2T $6,840 Local Zone L-2U $2,172
Local Zone L-2V $11,348 Local Zone L-3 $765
Local Zone L-4A $7,253 Local Zone L-4B $3,333
Local Zone L-5A $50,762 Local Zone L-5B $42,865
Local Zone L-5C $14,420 Arterial Zone A-1 $3,028
Arterial Zone A-2 $8,390 Arterial Zone A-3 $7,973
Arterial Zone A-4 $17,059 Arterial Zone A-5 $19,989
Arterial Zone A-6 $14,819 Arterial Zone A-7 $31,332
Arterial Zone A-8 $11,229 Arterial Zone A-9 $21,527
Landscape Zone Landscape Zone

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

purposes of this Report, these types of benefits are assumed to be general benefits, albeit general benefits that are extremely difficult to quantify. It is estimated that the costs associated with these indirect benefits do not exceed one percent of the annual maintenance expenditures for Local Landscaping Zone improvements. With respect to arterial landscaping improvements, it is recognized that these improvements are not as localized and these indirect or incidental general benefits may extend to properties that are in proximity to those improvements but are outside of the City and District boundaries, such as the unincorporated areas within the City (county islands) and development areas immediately adjacent to the City located primarily on its southern and western borders. Collectively, these areas of development represent an area that is less than ten percent (10%) of the area (square miles) within the City of Yorba Linda. Therefore, the costs associated with these indirect or incidental general benefits have been calculated based on 1.0% of the estimated “Total Annual Maintenance Expenditures” budgeted for each Local Landscaping Zone and 1.1% of the estimated “Total Annual Maintenance Expenditures” budgeted for each Arterial Landscaping Zone. Together with the baseline general benefit costs previously identified, these indirect/incidental general benefit costs are excluded from the potential assessment funding and together are shown in the budgets for each Zone (“Part III - Estimate of Costs” of this Report) as the “General Benefit Expenses (City Funded)”.

General Benefit Within Lighting Zones
In reviewing the location and extent of the specific lighting improvements (local street lighting, arterial street lighting and traffic signals) to be funded by District assessments and the proximity and relationship to properties to be assessed, like the landscaping improvements, it is evident that these improvements were primarily installed in connection with the development of properties to be assessed, or are improvements that would otherwise be shared by and required for the development of properties to be assessed. It is also evident that the maintenance and servicing of these improvements has a direct and particular impact (special benefit) on those properties in proximity to those improvements and such improvements and maintenance beyond that which is required for traffic circulation to ensure the safety and protection of the general public and property in general, has no measurable benefit to the public at large or properties outside each respective Zone.

Local Street Lighting
The Local Street Lighting Zone is comprised of properties that receive a particular and direct benefit from local street lights to be provided and maintained by the City through the District that were installed as part of the overall development or planned development of the properties to be assessed and the street lights would otherwise not be necessary or required without the development of those properties. Likewise, only those properties and developments that are adjacent to or in close proximity to District local street lights and benefit directly from those lights are included in the Zone. Developments that maintain and fund local street lighting within the development and/or its perimeter street lighting through an association or other revenue sources are not included in the Local Street Lighting Zone. In fact, more than 20% of the City parcels are not currently part of the Local Street Lighting Zone. Because these improvements are directly associated with the development of the properties within the Zone and clearly provide a special benefit to these properties that is not shared by all properties in the District, it is certainly reasonable to conclude that the maintenance and operation of these improvements is largely if not entirely a special benefit to those properties assessed. However, based on a review of the City’s development and street lighting standards it is estimated that not more than thirty-five percent (35%) of the local street lights associated with the parcels and developments in the Local Street Lighting Zone are located on the perimeter of the developments and/or the collector streets that are shared by those properties and developments. It is reasonable to conclude that these

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

particular street lights not only provide a special benefit to properties in the Zone but may also enhance general nighttime traffic safety and circulation for other properties and the general public.

While these street lights were clearly the direct result of the adjacent or nearby property development, it is estimated based on general traffic circulation data for residential and collector streets, that less than half (50%) of these particular street lights and associated costs would be necessary in less concentrated development areas. Therefore, it has been determined that the general benefit related to the operation and maintenance of these particular street lights is no more than eighteen percent (18%) of the local streetlight operating costs (half of the approximate 35% associated with the perimeter and collector lights). However, to ensure that no parcel is assessed for more than its proportional special benefit for local street lighting, for fiscal year 2022/2023 the City will contribute for general benefit an amount equal to twenty percent (20%) of the combined estimated “Total Annual Maintenance Expenditures” and “Annual Administration Expenses” budgeted for local street lighting.

Arterial Street Lighting
In regard to street lighting on the arterial streets (Arterial Street Lighting Zone), similar to the local street lights located on the collector streets and development perimeters, arterial street lights clearly provide a measure of general benefit to the public and to properties in general resulting from nighttime traffic safety and circulation on these primary streets. The American National Standard Practice for Roadway Lighting and various related traffic and street lighting studies suggest that over seventy-five percent (75%) of the street lights installed on primary streets in urban areas are directly the result of property development (both residential and non-residential development). In turn, these developments increase traffic circulation and ultimately dictate the type of lighting, spacing and number of lights required and without such development, both the need and quantity of those lights would be dramatically reduced. Therefore, based on these estimates, it is reasonable to conclude that no more than twenty-five percent (25%) of the arterial street lights and associated costs to service and maintain those street lights would be considered a general benefit. However, to ensure that no parcel is assessed for more than its proportional special benefit for arterial street lighting, for fiscal year 2022/2023, the City will contribute for general benefit an amount equal to thirty percent (30%) of the combined estimated “Total Annual Maintenance Expenditures” and “Annual Administration Expenses” budgeted for arterial street lighting.

Traffic Signal Lighting
Similar to arterial street lights, traffic signals are located throughout the City on streets and at intersections that provide direct access to each property in the District. However, similar to local lighting improvements within the District, the number and extent of these traffic signals varies in different areas of the City and therefore three Traffic Signal Zones have been established to identify and quantify the proportional special benefit to properties in different parts of the City. Like street lights (both arterial and local), it is certainly reasonable to recognize the general benefit to the public and properties in general associated with nighttime traffic safety and circulation associated with traffic signals. However, as clearly reflected by the need to establish different zones of benefit for these traffic signals, the number of traffic signals, the location of those signals and even the type of signalization is clearly the result of property development and the concentration of that development and thus the special benefit nexus to the properties within each Traffic Signal Zone. However, while these improvements are clearly required by development within the City and respective Zones, traffic signals are inherently installed in part to control traffic, not only traffic directly associated with surrounding properties (special benefit) but also general City traffic that is associated with the general public and properties outside each respective Traffic

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Signal Zone (general benefit). General traffic circulation within the City suggests that location and extent of such improvement is directly correlated to property development and such development increase traffic circulation and ultimately the spacing and number of traffic signals required to ensure proper traffic circulation to and from those properties and the overall need for such public improvements is dramatically reduced in areas with less property development. However, to ensure that no parcel is assessed for more than its proportional special benefit for traffic signal improvements, for fiscal year 2022/2023 the City will contribute for general benefit an amount equal to fifty percent (50%) of the combined estimated “Total Annual Maintenance Expenditures” and “Annual Administration Expenses” budgeted within each Traffic Signal Zone.

Assessment Methodology
To assess benefits equitably, it is necessary to calculate each property’s relative share of the special benefits conferred by the funded improvements and service. The Equivalent Benefit Unit (EBU) method of assessment apportionment is utilized in this District and establishes a basic unit (base value) of benefit and then calculates the benefit derived by each assessed parcel as a multiple (or a fraction) of that basic unit. The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of comparable property characteristics which may include, but is not limited to, land use and property size. The method of apportionment originally developed for this District was based on an assessment formula appropriate for the various land uses, identifiable property characteristics and improvements within the District and utilizes the number of comparative dwelling units or dwelling spaces for other residential land uses and comparative lot sizes (acreage) for non-residential and undeveloped properties.

For the purposes of this Engineer's Report, an EBU is the quantum of benefit derived from the various Zone improvements by a single-family residential parcel. The single-family residential parcel has been selected as the basic unit for calculation of assessments since it represents over 90% of the parcels in the District. Thus, the "benchmark" property (the single-family residential parcel) derives one EBU of benefit and is assigned 1.00 Equivalent Benefit Unit.

Land Use Classifications
Every parcel within the District is assigned a land use classification based on available parcel information obtained from the County Assessor’s Office or City records. It has been determined that a parcel use and size are the appropriate factors necessary to identify and calculate the proportional special benefits conveyed to each property within the District for the cost of improvements associated with that property. For this District, each parcel is assigned one of the following land use classifications:

Residential Single-Family -- This classification may include, but is not limited to, all subdivided residential tract lots (with or without structures), condominiums, or other single-family residential units on a single parcel. As previously noted, the single-family residential parcel has been selected as the basic unit for calculation of assessments and each is assigned 1.00 EBU.

Residential Multi-Family and Mobile Home Parks -- This land use classification identifies properties that are used for residential purposes but contain more than a single residential unit on the parcel (parcels with more than one dwelling). Due in part to the development and population densities associated with these types of dwelling units (reduced unit size compared to the typical density and size of single-family units), Residential Multi-Family Parcels and Mobile Home Parks have been assigned a weighted proportional special benefit factor of 0.8 EBU per Unit and 0.5

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

EBU per space, respectively. Studies have consistently shown that the average apartment unit impacts infrastructure approximately 80% as much as a single-family residence and the average mobile home unit impacts infrastructure approximately 50%. (Sources: Institute of Transportation Engineers Informational Report Trip Generation, Fifth Edition, 1991; Metcalf and Eddy, Wastewater Engineering Treatment, Disposal, Reuse, Third Edition, 1991). Therefore, it is reasonable to conclude that the proportional special benefit these properties receive from the public improvements funded by the assessments has a similar proportionality.

Therefore, the EBUs assigned to a multi-residential or a mobile home parcel are calculated based on the number of dwelling units identified for that parcel, with each multi-residential parcel being assigned an EBU equal to 0.8 EBU multiplied by the number of dwelling units on the parcel and each mobile home park parcel being assigned an EBU equal to 0.5 EBU multiplied by the number of mobile home units or available spaces on the parcel.

Planned Residential Development – This land use is defined as a parcel and/or development (group of parcels) that are not fully subdivided, but based on an Approved Development Map, Final Tract Map or other Approved Development Plan, the specific number of residential singlefamily lots or units has been approved for development, and the improvements and services associated with the development and/or parcel have been accepted or will be accepted by the City for maintenance.

For balloting purposes to establish the property’s maximum assessment and proportional special benefit, these parcels shall be assigned an EBU that reflects the total EBU’s associated with that parcel at build-out (1.0 EBU per residential single-family lot/unit). However, for calculation of the annual assessments each fiscal year, the City and Assessment Engineer shall apply an EBU that reflects the property’s estimated proportional special benefit from exiting improvements and/or portion of the new improvements to be installed and accepted during the upcoming fiscal year. If the parcel is not expected to be subdivided and no new improvements are being accepted for maintenance in the upcoming fiscal year, the Assessment Engineer may assign such parcels a weighted proportional EBU comparable to that assigned to Vacant/Undeveloped parcels. If the parcel is anticipated to be partially or fully subdivided, and/or new improvements associated with the development of the property are anticipated to come online for maintenance during the fiscal year, the Assessment Engineer may assign to such parcels an EBU that reasonably reflects the parcel’s proportional special benefit from the improvements and services provided as compared to other properties in the Zone up to the maximum EBU for which the property was ballot.

Non-Residential Developed -- This classification includes developed properties that are identified or zoned for commercial, industrial, or other non-residential use including offices, hotels, recreational facilities (excluding parks and golf courses), and institutional facilities including, hospitals, churches or facilities utilized by other non-profit organizations, whether those facilities are publicly owned (non-taxable) or privately owned. Based on an overall evaluation of development in the City when the District was established, it was determined that the average single-family residential development yielded approximately three (3) dwelling units per acre of land. Thus, it was determined that the special benefit for these non-residential properties compared to a single-family residential parcel is proportional to 3.0 EBU multiplied by the acreage of the parcel. Therefore, the EBU assigned to each non-residential property is 3.0 EBU per acre (e.g., A 2.25-acre parcel identified as non-residential is assigned 6.75 EBU).

School (Public/Private) -- This classification includes those parcels that are identified specifically as school sites that include playground or recreational areas (both public and private). Based on an evaluation of the various school sites in the City, it is estimated that on average, 1/3rd (approximately 33.33%) of the total acreage for these parcels is actually developed with structures and parking facilities similar to non-residential developed parcels. The remaining parcel acreage

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

(approximately 66.67%) is generally associated with playground areas and/or sports fields similar to park facilities (e.g., Park Parcels). In recognition of the overall development and use of these properties it has been determined that parcels identified as Schools shall be assigned a proportional EBU that reflects the 1/3rd of the parcel’s acreage being developed non-residential acreage (33.33% of acreage x 3.0 EBU/acre) and 2/3rd of the parcel’s acreage being park acreage (66.67% of acreage x 0.75 EBU/acre). The average of these two calculations results in an EBU of 1.50 EBU per acre. (e.g., A 12.00-acre school parcel is assigned 18.00 EBU [12.0 acres x 1.50 EBU/acre]).

Park -- This classification includes properties that are identified as Parks which have been developed for public use and provide similar public amenities and improvements funded by the District assessments. Although it is recognized that the improvements provided within the various Zones of the District were primarily constructed and installed as the result of property development, it is also recognized that a majority of these improvements were constructed in part to support the overall development of properties within the District and/or Zone to their full and best use. Therefore, when the District was established, it was determined that parcels identified as Park Parcels shall be assigned a proportional EBU that is 25% of the developed non-residential property, or 0.75 EBU per acre, up to a maximum of 5 acres per parcel. (e.g., A 6.00-acre parcel identified as a vacant-rural parcel is assigned 3.75 EBU [5.0 acres x 0.75 EBU/acre]).

Golf Course -- This classification includes all parcels that are identified as all, or a portion of, a golf course. Such properties, like schools are somewhat unique in that the property use is a combination of developed non-residential and vacant/rural/park use. However, unlike schools, a more significant portion of the acreage for such development would be considered vacant/rural/park. In order to establish a proportional calculation of the special benefits for such properties from the District improvements as compared to other property uses, parcels identified as Golf Course Parcels shall be assigned a proportional EBU of 1.50 EBU per acre (similar to School Parcels), but recognizing that much of the acreage associated with these parcels is vacant/rural/park acreage, the maximum acreage applied in the special benefit calculation shall be limited to a maximum of 5 acres per parcel (APN). (e.g., A 10.00-acre parcel identified as a golf course parcel is assigned 7.50 EBU [5.0 acres x 1.50 EBU/acre]).

Vacant/Rural (Undeveloped) -- This classification includes properties that are identified as parcels with no development but have development potential. Although it is recognized that the improvements provided within the various Zones of the District were primarily constructed and installed as the result of property development, it is also recognized that the majority of these improvements were constructed in part to support the overall development of properties within the District and/or Zone to their full and best use, including vacant undeveloped properties.

Therefore, when the District was established, it was determined that parcels identified as Vacant/Undeveloped Parcels shall be assigned a proportional EBU that is 25% of the developed non-residential property, or 0.75 EBU per acre, up to a maximum of 5 acres per parcel. (e.g., A

6.00-acre parcel identified as a vacant-rural parcel is assigned 3.75 EBU [5.0 acres x 0.75 EBU/acre]).

However, within Local Landscaping Zones L-5A, L-5B and L-5C, a portion of the Zones are currently identified as vacant (undeveloped properties) that will be developed based on the overall development plans for the area. Therefore, in order to ensure a fair proportionality between the developed and undeveloped properties in these three Zones, the maximum of 5 acres per parcel for vacant-rural parcels is not applied in these Zones. (e.g., A 6.00-acre parcel identified as a vacant-rural parcel is assigned 4.50 EBU [6.0 acres x 0.75 EBU/acre]).

Special Case -- In many landscaping and lighting districts (particularly districts that have a wide range of land uses and property development) there may be one or more parcels that the standard

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

land use classifications and proportionality identified above do not accurately identify the use and special benefit received from the improvements. Properties that are typically classified as Special Case Parcels usually involve some type of development or land restrictions whether those restrictions are temporary or permanent and affect the properties proportional special benefit.

Examples of such restrictions may include situations where only a small percentage of the parcel’s total acreage can actually be developed. In such a case, the net usable acreage of the parcel rather than the gross acreage of the parcel may be applied to calculate the parcel’s proportional special benefit. Each such parcel shall be addressed on a case-by-case basis by the assessment engineer and the EBU assigned to such parcels shall be based on the specific issues related to that parcel and its proportional special benefit compared to other properties that receive special benefits from the improvements.

Exempt -- Exempt from District assessments are the areas of public streets, private streets, and other roadways, dedicated public easements and open spaces, rights-of-ways including public greenbelts and parkways or that portion of public property that is not developed and used for business purposes similar to private commercial, industrial, and institutional activities. (These types of properties are not usually assigned an Assessor’s Parcel Number by the County). Also exempt from assessments are utility rights-of-way, common areas (such as in condominium complexes), landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be independently developed. It has been determined that these types of properties receive no direct benefit from the improvements and receive no special benefit or general benefits from the continued operation and maintenance of those improvements.

A summary of the applied Equivalent Benefit Units (EBUs) for the various land use classifications within the District is shown in the following table:
(1) For calculation of Local Landscaping Zone Benefits in Zones L-5A, L-5B & L-5C, the 5.0 Acre Maximum does not apply to Vacant/Rural (Undeveloped) parcels.

Land Use Equivalent Benefit Unit Formula
Residential Single-Family 1.000 EBU per Unit/Lot
Residential Multi-Family 0.800 EBU per Unit
Mobile Home Park 0.500 EBU per Unit/Space
Non-Residential Developed 3.000 EBU per Acre
School (Public/Private) 1.500 EBU per Acre
Planned Residential Development 1.000 EBU per Unit/Lot
Park 0.750 EBU per Acre (Maximum of 5 Acres)
Golf Course 1.500 EBU per Acre (Maximum of 5 Acres)
(1) Vacant/Rural (Undeveloped) 0.750 EBU per Acre (Maximum of 5 Acres) Special Case Varied EBU per Adjusted Acreage or Units
Exempt 0.000 EBU per Acre

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Equivalent Benefit Unit Summary
The following is a summary of the Equivalent Benefit Units applicable to the various land use classifications identified in each District Zone:

Local Landscaping Zones
Local Landscaping Zone L-1A
Local Landscaping Zone L-1B
Local Landscaping Zone L-1C
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 1,199 1,197 - 1,199.0000
School (Public/Private) 1 - 20.483 30.7245
Park 4 - 11.809 8.8568
Vacant/Rural (Undeveloped) 4 - 11.516 8.6370
Exempt 7 - 60.454 -
Totals 1,215 1,197 104.262 1,247.2183
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 622 622 - 622.0000
Vacant/Rural (Undeveloped) 3 - 8.474 6.3555
Exempt 11 - 33.049 -
Totals 636 622 41.523 628.3555
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 372 372 - 372.0000
Park 2 - 6.408 4.8060
Exempt 5 - 22.727 -
Totals 379 372 29.135 376.8060

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zone L-1D
Local Landscaping Zone L-1E
Local Landscaping Zone L-2A
Local Landscaping Zone L-2B
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 48 48 - 48.0000
Non-Residential Developed 1 - 1.098 3.2940
Park 1 - 1.514 1.1355
Exempt 1 - 1.957 -
Totals 51 48 4.569 52.4295
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 243 243 - 243.0000
Residential Multi-Family 1 400 - 320.0000
Exempt 12 - 10.708 -
Totals 256 643 10.708 563.0000
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 301 301 - 301.0000
Vacant/Rural (Undeveloped) 1 - 5.000 3.7500
Totals 302 301 5.000 304.7500
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 564 564 - 564.0000
Park 1 - 2.967 2.2253
Exempt 15 - 12.835 -
Totals 580 564 15.802 566.2253

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zone L-2C
Local Landscaping Zone L-2D
Local Landscaping Zone L-2E
Local Landscaping Zone L-2F
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 1,088 1,088 - 1,088.0000
Park 1 - 5.000 3.7500
Exempt 59 - 63.569 -
Totals 1,148 1,088 68.569 1,091.7500
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 278 278 - 278.0000
Exempt 3 - 1.367 -
Totals 281 278 1.367 278.0000
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 105 105 - 105.0000
Vacant/Rural (Undeveloped) 2 - 2.957 2.2178
Exempt 1 - 0.785 -
Totals 108 105 3.742 107.2178
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 124 124 - 124.0000
Exempt 1 - 1.018 -
Totals 125 124 1.018 124.0000

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zone L-2G
Local Landscaping Zone L-2H
Local Landscaping Zone L-2I
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 630 630 - 630.0000
Park 2 - 5.983 4.4873
Vacant/Rural (Undeveloped) 12 - 25.152 18.8642
Special Case 3 - 2.403 1.8023
Exempt 30 - 64.948 -
Totals 677 630 98.486 655.1538
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 419 419 - 419.0000
Vacant/Rural (Undeveloped) 1 - 3.789 2.8418
Exempt 3 - 1.405 -
Totals 423 419 5.194 421.8418
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 607 607 - 607.0000
Vacant/Rural (Undeveloped) 1 - 0.924 0.6930
Exempt 25 - 42.419 -
Totals 633 607 43.343 607.6930

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zone L-2J
Local Landscaping Zone L-2K
Local Landscaping Zone L-2L
Local Landscaping Zone L-2M
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 385 385 - 385.0000
Non-Residential Developed 2 - 3.982 11.9460
School (Public/Private) 1 - 0.812 1.2180
Park 4 - 11.080 8.3101
Vacant/Rural (Undeveloped) 1 - 2.585 1.9388
Special Case 1 - 24.244 30.3050
Exempt 6 - 7.516 -
Totals 400 385 50.219 438.7179
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 363 363 - 363.0000
Residential Multi-Family 1 124 - 99.2000
Non-Residential Developed 1 - 1.658 4.9740
Vacant/Rural (Undeveloped) 1 - 0.681 0.5108
Exempt 7 - 10.449 -
Totals 373 487 12.788 467.6848
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 133 133 - 133.0000
Exempt 1 - 0.491 -
Totals 134 133 0.491 133.0000
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 201 201 - 201.0000
Non-Residential Developed 9 - 9.065 27.1950
Exempt 18 - 9.641 -
Totals 228 201 18.706 228.1950

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zone L-2N
Local Landscaping Zone L-2O
Local Landscaping Zone L-2P
Local Landscaping Zone L-2Q
Land Use Parcels Units
Applied
Acreage EBUs
Non-Residential Developed 2 - 22.740 68.2200
Park 2 - 10.000 7.5000
Special Case 1 - 1.102 0.8265
Exempt 1 - 3.493 -
Totals 6 - 37.335 76.5465
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 225 225 - 225.0000
Exempt 14 - 3.727 -
Totals 239 225 3.727 225.0000
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 88 88 - 88.0000
Park 1 - 2.480 1.8600
Vacant/Rural (Undeveloped) 1 - 0.046 0.0345
Exempt 7 - 5.819 -
Totals 97 88 8.345 89.8945
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 315 315 - 315.0000
Vacant/Rural (Undeveloped) 2 - 4.161 3.1208
Exempt 13 - 3.763 -
Totals 330 315 7.924 318.1208

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zone L-2R
Local Landscaping Zone L-2S
Local Landscaping Zone L-2T
Local Landscaping Zone L-2U
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 193 193 - 193.0000
Park 1 - 0.758 0.5685
Exempt 6 - 2.870 -
Totals 200 193 3.628 193.5685
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 118 118 - 118.0000
Non-Residential Developed 1 - 23.477 70.4310
Exempt 6 - 0.439 -
Totals 125 118 23.916 188.4310
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 274 274 - 274.0000
Exempt 10 - 5.943 -
Totals 284 274 5.943 274.0000
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 117 117 - 117.0000
Exempt 1 - 0.388 -
Totals 118 117 0.388 117.0000

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zone L-2V
Local Landscaping Zone L-3
Local Landscaping Zone L-4A
Local Landscaping Zone L-4B
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 234 234 - 234.0000
Vacant/Rural (Undeveloped) 14 - 18.492 13.8693
Exempt 20 - 26.733 -
Totals 268 234 45.225 247.8693
Land Use Parcels Units
Applied
Acreage EBUs
Residential Multi-Family 1 69 - 55.2000
Non-Residential Developed 63 - 152.288 456.8640
Vacant/Rural (Undeveloped) 5 - 6.531 4.8984
Exempt 20 - 55.108 -
Totals 89 69 213.927 516.9624
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 140 140 - 140.0000
Park 1 - 2.537 1.9028
Vacant/Rural (Undeveloped) 1 - 0.103 0.0773
Exempt 8 - 7.111 -
Totals 150 140 9.751 141.9801
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 100 100 - 100.0000
Park 2 - 1.197 0.8978
Exempt 3 - 3.716 -
Totals 105 100 4.913 100.8978

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zone L-5A
Local Landscaping Zone L-5B
Local Landscaping Zone L-5C
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 745 745 - 745.0000
Vacant/Rural (Undeveloped) 9 - 25.338 19.0038
Exempt 43 - 89.979 -
Totals 797 745 115.317 764.0038
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 1,131 1,131 - 1,131.0000
School (Public/Private) 1 - 11.230 16.8450
Park 2 - 10.000 7.5000
Golf Course 7 - 26.172 39.2580
Vacant/Rural (Undeveloped) 7 - 26.977 20.2329
Exempt 112 - 146.935 -
Totals 1,260 1,131 221.314 1,214.8359
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 689 689 - 689.0000
School (Public/Private) 1 - 16.324 24.4860
Park 3 - 8.542 6.4066
Vacant/Rural (Undeveloped) 1 - 8.934 6.7005
Special Case 1 - 47.150 58.9375
Exempt 46 - 260.637 -
Totals 741 689 341.587 785.5306

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Arterial Landscaping Zones
Arterial Landscaping Zone A-1
Arterial Landscaping Zone A-2
Arterial Landscaping Zone A-3
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 2,884 2,882 - 2,884.0000
Residential Multi-Family 2 469 - 375.2000
Non-Residential Developed 128 - 237.849 713.5470
School (Public/Private) 1 - 20.483 30.7245
Park 11 - 37.252 27.9391
Vacant/Rural (Undeveloped) 21 - 43.761 32.8210
Exempt 213 - 1,654.758 -
Totals 3,260 3,351 1,994.103 4,064.2316
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 1,058 1,058 - 1,058.0000
Non-Residential Developed 2 - 3.982 11.9460
School (Public/Private) 1 - 0.812 1.2180
Park 5 - 13.560 10.1701
Vacant/Rural (Undeveloped) 3 - 3.555 2.6663
Special Case 1 - 24.244 30.3050
Exempt 34 - 54.652 -
Totals 1,104 1,058 100.805 1,114.3054
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 1,156 1,156 - 1,156.0000
Residential Multi-Family 1 124 - 99.2000
Non-Residential Developed 12 - 33.463 100.3890
Park 2 - 10.000 7.5000
Vacant/Rural (Undeveloped) 19 - 39.173 29.3801
Special Case 1 - 1.102 0.8265
Exempt 69 - 812.452 -
Totals 1,260 1,280 896.190 1,393.2956

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Arterial Landscaping Zone A-4
Arterial Landscaping Zone A-5
Arterial Landscaping Zone A-6
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 2,714 2,714 - 2,714.0000
Residential Multi-Family 3 164 - 131.2000
Non-Residential Developed 13 - 21.795 65.3850
School (Public/Private) 4 - 42.932 64.3980
Park 10 - 20.469 15.3520
Vacant/Rural (Undeveloped) 20 - 18.584 13.9384
Exempt 85 - 113.764 -
Totals 2,849 2,878 217.544 3,004.2734
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 2,867 2,867 - 2,867.0000
Non-Residential Developed 1 - 23.477 70.4310
School (Public/Private) 1 - 16.324 24.4860
Park 5 - 12.798 9.5986
Vacant/Rural (Undeveloped) 17 - 37.270 27.9528
Special Case 4 - 49.953 61.0398
Exempt 115 - 347.038 -
Totals 3,010 2,867 486.860 3,060.5082
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 1,999 1,997 - 1,999.0000
Non-Residential Developed 4 - 44.804 134.4120
School (Public/Private) 1 - 11.230 16.8450
Park 2 - 10.000 7.5000
Golf Course 7 - 26.172 39.2580
Vacant/Rural (Undeveloped) 22 - 59.155 44.3666
Exempt 154 - 237.108 -
Totals 2,189 1,997 388.469 2,241.3816

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Arterial Landscaping Zone A-7
Arterial Landscaping Zone A-8
Arterial Landscaping Zone A-9
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 4,701 4,701 - 4,701.0000
Residential Multi-Family 46 393 - 314.4000
Mobile Home Park 2 288 - 144.0000
Non-Residential Developed 167 - 232.650 697.9500
School (Public/Private) 11 - 49.115 73.6725
Park 19 - 41.049 30.7872
Vacant/Rural (Undeveloped) 55 - 32.321 24.2420
Special Case 2 - 0.951 0.7133
Exempt 367 - 103.682 -
Totals 5,370 5,382 459.768 5,986.7650
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 2,253 2,252 - 2,253.0000
Residential Multi-Family 1 2 - 1.6000
Non-Residential Developed 22 - 47.708 143.1240
Vacant/Rural (Undeveloped) 51 - 31.561 23.6719
Exempt 83 - 124.489 -
Totals 2,410 2,254 203.758 2,421.3959
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 2,370 2,370 - 2,370.0000
Non-Residential Developed 1 - 4.889 14.6670
Park 2 - 7.967 5.9753
Vacant/Rural (Undeveloped) 1 - 3.789 2.8418
Exempt 84 - 80.278 -
Totals 2,458 2,370 96.923 2,393.4841

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Arterial Street Lighting Zone
Local Street Lighting Zone
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 22,002 21,997 - 22,002.0000
Residential Multi-Family 53 1,152 - 921.6000
Mobile Home Park 2 288 - 144.0000
Non-Residential Developed 350 - 650.617 1,951.8510
School (Public/Private) 19 - 140.896 211.3440
Park 56 - 153.095 114.8223
Golf Course 7 - 26.172 39.2580
Vacant/Rural (Undeveloped) 209 - 269.169 201.8809
Special Case 8 - 76.250 92.8846
Exempt 1,204 - 3,528.221 -
Totals 23,910 23,437 4,844.420 25,679.6408
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 18,022 18,017 - 18,022.0000
Residential Multi-Family 47 652 - 521.6000
Mobile Home Park 2 288 - 144.0000
Non-Residential Developed 332 - 622.768 1,868.3040
School (Public/Private) 18 - 135.551 203.3265
Park 49 - 133.774 100.3314
Golf Course 7 - 26.172 39.2580
Vacant/Rural (Undeveloped) 153 - 205.257 153.9459
Special Case 8 - 76.250 92.8846
Exempt 915 - 1,738.739 -
Totals 19,553 18,957 2,938.511 21,145.6504

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Traffic Signal Zones
Traffic Signal Zone TS-1
Traffic Signal Zone TS-2
Traffic Signal Zone TS-3
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 2,884 2,882 - 2,884.0000
Residential Multi-Family 1 400 - 320.0000
Non-Residential Developed 65 - 85.561 256.6830
School (Public/Private) 1 - 20.483 30.7245
Park 11 - 37.252 27.9391
Vacant/Rural (Undeveloped) 20 - 57.230 42.9226
Exempt 196 - 2,090.138 -
Totals 3,178 3,282 2,290.664 3,562.2692
Land Use Parcels Units
Applied
Acreage EBUs
Residential Single-Family 19,118 19,115 - 19,118.0000
Residential Multi-Family 51 683 - 546.4000
Mobile Home Park 2 288 - 144.0000
Non-Residential Developed 222 - 412.768 1,238.3040
School (Public/Private) 18 - 120.413 180.6195
Park 45 - 115.843 86.8832
Golf Course 7 - 26.172 39.2580
Vacant/Rural (Undeveloped) 184 - 205.408 154.0599
Special Case 8 - 76.250 92.8846
Exempt 988 - 1,382.975 -
Totals 20,643 20,086 2,339.829 21,600.4092
Land Use Parcels Units
Applied
Acreage EBUs
Residential Multi-Family 1 69 - 55.2000
Non-Residential Developed 63 - 152.288 456.8640
Vacant/Rural (Undeveloped) 5 - 6.531 4.8984
Exempt 20 - 55.108 -
Totals 89 69 213.927 516.9624

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Calculation of Assessments
An assessment amount per EBU in each Zone is calculated by:

Taking the “Total Annual Expenses” (Total budgeted costs) and subtracting the “General Benefit Expenses (City Funded)”, to establish the “Total Eligible Special Benefit Expenses”; Total Annual Expenses – General Benefit Expenses = Total Eligible Special Benefit Expenses To the resulting “Eligible Special Benefit Expenses”, various “Funding Adjustments/Contributions” may be applied that may include, but are not limited to:
➢ “Available Ad Valorem Revenues Applied”, represents an adjustment (reduction) in the amount to be collected utilizing ad valorem revenue that may be available for the Zone that was not applied for general benefit expenses.
➢ “Unfunded Reserve Fund Collection” represents an adjustment (reduction) in the amount to be collected for “Operational Reserve Funding” that was budgeted as part of the Total Annual Expenses.
➢ “Unfunded CIP/Rehabilitation Fund Collection”, represents an adjustment (reduction) in the amount to be collected for “CIP & Rehabilitation Reserve Fund Collection” that was budgeted as part of the Total Annual Expenses.
➢ “Reserve Fund Transfer/Deduction” represents an amount of available existing funds from the “Operational Reserve Fund Balances” being applied to pay a portion of the Special Benefit Expenses for the fiscal year.
➢ “Additional City Contribution and/or Service Reductions”, represents a further adjustment that addresses the funding gap between the amount budgeted to provide the improvements and services (“Special Benefit Expenses”); and the amount that will be collected through the assessments. This funding gap may be addressed by an additional City contribution, reductions in service and service expenses, or a combination of the two.

These adjustments to the Special Benefit Expenses result in the net special benefit amount to be assessed “Balance to Levy”;
Eligible Special Benefit Expenses +/- Funding Adjustments/Contributions =Balance to Levy The amount identified as the “Balance to Levy” is divided by the total number of EBUs of parcels that benefit to establish the “Assessment Rate” or “Assessment per EBU” for the fiscal year. This Rate is then applied back to each parcel’s individual EBU to calculate the parcel’s proportionate special benefit and assessment for the improvements.

Balance to Levy / Total EBU = Assessment per EBU (Assessment Rate) Assessment per EBU x Parcel EBU = Parcel Assessment Amount Annual Inflationary Adjustment (Assessment Range Formula) In fiscal year 1997/1998, in part as a result of Proposition 218, which was approved on the November 1996 statewide ballot and added Article XIII D to the California State Constitution, the City took steps to reorganize the District to more fully reflect the special benefits associated with the District improvements and conducted a protest ballot proceeding for the proposed District assessments. Notices and ballots were mailed to all property owners within the District, outlining the changes to the method of apportionment and the resulting assessment amount proposed for each property and that such assessments would include an annual inflationary adjustment (often

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

referred to as an Assessment Range Formula or escalator) based on the Consumer Price Index (CPI). On July 1, 1997, the ballot results were tabulated with eighty-three percent (83%) of the returned assessment ballots approving the assessment rates and annual inflationary adjustment.

The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment that are inevitably associated with providing for the maintenance and operation of landscaping and lighting improvements, thereby reducing the need for additional noticing and balloting procedures simply because of normal inflationary factors.

The Assessment Range Formula for Local Landscaping Zone L-2V is defined by the following:

The State of California proposed raising the minimum wage one dollar per year over a four-year period (fiscal year 2019/2020 through fiscal year 2022/2023). The California Director of Industrial Relations (DIR) prevailing wage for Landscape Maintenance Laborer was $11.22 per hour at the time the new L-2V assessments were approved (fiscal year 2018/2019). This wage is required to be paid by City contractors by State law. The minimum wage for Landscape Maintenance Laborer for larger employers like City maintenance contractors is currently $11.00 per hour. As the scheduled minimum wage increases take effect, the Landscape Maintenance Laborer prevailing wage will follow suit, adding approximately a dollar per hour each year over the four year period.

This directly influences the cost of maintenance activities for landscape areas. Therefore, the cost inflator for the LMAD assessment for Zone L-2V is tied to this annual indicator for the four year period through fiscal year 2022/2023, then CPI in subsequent fiscal years.

The Assessment Range Formula for Local Landscaping Zone L-2V which was included as part of the ballot for the new or increased assessment in fiscal year 2018/2019, is defined by the following:
➢ The base prevailing wage for Landscape Maintenance Laborer as of fiscal year 2018/2019 was $11.22 per hour. The Maximum assessment rate for Zone L-2V shall be increased each year cumulatively with the percentage increase for this wage category for the next four years, including fiscal year 2019/2020, fiscal year 2020/2021, fiscal year 2021/2022, and fiscal year 2022/2023. (For fiscal year 2022/2023 the prevailing wage for Landscape Maintenance Laborer increased to $15.22 which is a 7.03% increase over the previous year.) ➢ Thereafter, commencing in fiscal year 2023/2024 and each fiscal year thereafter, the maximum assessment rate established for the improvements in fiscal year 2022/2023 (the previous fiscal year) may be adjusted by the percentage increase of the Local Consumer Price Index (CPI). The CPI used for the inflationary adjustment shall be for the Los AngelesRiverside-Orange County Area for All Urban Consumers, as developed by U.S. Bureau of Labor Statistics. The CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time.

For fiscal year 2022/2023, the “Current Maximum Assessment Rate per EBU” identified in the following budgets (“Part III - Estimate of Costs”), the Maximum Assessment Rate per EBU for Zone L-2V represent a 7.03% increase to the Maximum Assessment Rate approved in the prior fiscal year fiscal based on the Annual Inflationary Adjustment (Assessment Range Formula) described above.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

The Assessment Range Formula for Local Landscaping Zone L-2E and L-4A is defined by the following:

Commencing with fiscal year 2021/2022 and each fiscal year thereafter, the maximum assessment rate established for the improvements in the previous fiscal year may be adjusted by the percentage increase of the Local Consumer Price Index (CPI) plus three percent (CPI + 3.0%) The Consumer Price Index used for the inflationary adjustment shall be the CPI for the Los Angeles-Long Beach-Anaheim, CA, Area for All Urban Consumers, as developed by U.S. Bureau of Labor Statistics. The CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time.

Each fiscal year, the City shall identify the annual percentage change in the CPI, using the difference over a 12-month period between the current year and of the previous year. This annual percentage change is generally established based on the annual percentage change from the prior year, but a similar 12-month time period may be used if more current data is available. This percentage difference plus three percent shall then establish the range of increase to the maximum assessment rate allowed for Zone L-2E and Zone L-4A. If the percentage change in CPI is negative, the maximum assessment rate may be adjusted from the previous fiscal year by three percent. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City may use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.

The Assessment Range Formula for all other District Zones is defined by the following:

Commencing in fiscal year 1998/1999 and each fiscal year thereafter, the maximum assessment rates established for the improvements in the previous fiscal year for each Zone may be adjusted by the percentage increase of the Local Consumer Price Index (CPI). The CPI used for the inflationary adjustment shall be for the Los Angeles-Riverside-Orange County Area for All Urban Consumers, as developed by U.S. Bureau of Labor Statistics. The CPI used shall be as determined by the Bureau of Labor Statistics for a similar period of time.

Each fiscal year, the City shall identify the annual percentage change in the CPI, using the difference over a 12-month period between the current year and of the previous year. This annual percentage change is generally established based on the annual percentage change from the prior year, but a similar 12-month time period may be used if more current data is available. This percentage difference shall then establish the range of increase to the maximum assessment rates allowed. If the percentage change in the CPI is negative, the maximum assessment rates shall not be adjusted from the previous fiscal year (unchanged). Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City may use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.

For fiscal year 2022/2023, the “Current Maximum Assessment Rate per EBU” identified in the following budgets (“Part III - Estimate of Costs”- Estimate of Costs), the Maximum Assessment Rate per EBU for all Zones except Zone L-2V represent a 3.83% increase to the Maximum Assessment Rates approved in the prior fiscal year based on the Annual Inflationary Adjustment (Assessment Range Formula) described above.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Part III - Estimate of Costs
The following outlines the estimated costs (budgets) to maintain and service the various landscaping and lighting improvements described in "Part I - Plans and Specifications" of this Report for fiscal year 2022/2023. In some cases, the costs to properly service and maintain the improvements cannot be fully funded by the existing assessment revenues. Even with some additional funding support from the City, many of the desired services and activities, particularly those associated with long term repairs, replacements, and rehabilitation, will need to be postponed or eliminated. While City staff will ultimately determine which services and activities shall be eliminated or reduced to keep the actual costs and expenditures for the fiscal year within the current available revenues, the revenue shortfalls are expected to increase over the years as a result of inflation. To the extent any assessment funds remain after those funds are used to pay the cost of the special benefit in any particular Zone, those monies shall be placed in a reserve account for the respective Zone.

The City annually receives ad valorem funding for lighting and landscaping. These General Fund revenues are used to fund in whole or in part, the General Benefit Expenses and/or Additional City Contributions in specified Zones. For fiscal year 2022/2023, the ad valorem revenues are estimated to be $906,605 for lighting (used for Traffic Signals, Arterial Lighting and/or Local Lighting), and $61,382 for landscaping (which may be used in Local Landscaping Zones L-4A or L-4B, and any of the nine Arterial Landscaping Zones).

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zones L-1 (A through D)
Local Local Local Local
BUDGET ITEMS Landscaping Landscaping Landscaping Landscaping Zone L-1A Zone L-1B Zone L-1C Zone L-1D

ANNUAL OPERATING EXPENSES
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 98,485 $ 76,971 $ 24,221 $ 2,772 Contractual Services 391,008 268,475 88,569 9,398
Landscape Utilities 151,760 158,429 42,919 5,335
Lighting Electrical Service - - - -
Total Annual Maintenance Expenses $ 641,254 $ 503,875 $ 155,709 $ 17,505 Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ 55,000 $ - $ - $ - CIP & Rehabilitation Fund Collection 88,600 67,660 21,210 2,359 Total CIP & Rehabilitation Funding $ 143,600 $ 67,660 $ 21,210 $ 2,359 Incidental Operational Expenses
Operational Reserve Funding $ 64,125 $ 50,388 $ 15,571 $ 1,750 City Administration/Professional Fees $ 68,798 $ 45,939 $ 18,439 $ 5,319 County Administration Fees 2,561 1,852 586 76
Miscellaneous Administration Expenses 1,032 689 277 80
Annual Administration Expenses 72,391 48,481 19,301 5,475 Total Annual Incidental Expenses $ 136,516 $ 98,869 $ 34,872 $ 7,225 TOTAL ANNUAL EXPENSES $ 921,370 $ 670,404 $ 211,791 $ 27,089 General Benefit Expenses (City Funded) (59,641) (44,776) (28,249) (2,973) TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 861,729 $ 625,628 $ 183,542 $ 24,116

FUNDING ADJUSTMENTS/CONTRIBUTIONS
Available Ad Valorem Revenues Applied $ - $ - $ - $ -
Unfunded Reserve Fund Collection $ (64,125) $ (50,388) $ (15,571) $ (1,750) Unfunded CIP/Rehabilitation Fund Collection (88,600) (66,285) (21,210) (2,171) Reserve Fund Transfer/Deduction (228,600) - (1,623) -
Additional City Contribution and/or Service Reductions - - - - Total Funding Adjustments / Contributions $ (381,325) $ (116,673) $ (38,404) $ (3,921) BALANCE TO LEVY $ 480,404 $ 508,955 $ 145,138 $ 20,195

DISTRICT STATISTICS
Total Parcels 1,215 636 379 51
Parcels Levied 1,208 625 374 50
Total Benefit Units 1,247.22 628.36 376.81 52.43
Full Special Benefit Cost Recovery Rate per EBU $690.92 $995.66 $487.10 $459.96 Authorized Maximum Assessment Rate per EBU $385.1889 $809.9831 $385.1889 $385.1889 Applied Assessment Rate per EBU $385.18 $809.98 $385.18 $385.18

RESERVE & CIP FUND BALANCES
Beginning Fund Balance $ 254,024 $ 107,191 $ 7,099 $ -
Collections / (Contributions) (228,600) 1,375 (1,623) 188 Estimated Ending Fund Balance $ 25,423 $ 108,567 $ 5,476 $ 188

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zones L-1E; and L-2 (A through C)
Local Local Local Local
BUDGET ITEMS Landscaping Landscaping Landscaping Landscaping Zone L-1E Zone L-2A Zone L-2B Zone L-2C

ANNUAL OPERATING EXPENSES
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 1,817 $ 34,768 $ 29,151 $ 122,189 Contractual Services 7,829 131,422 108,978 407,642
Landscape Utilities 1,884 61,767 49,520 267,202
Lighting Electrical Service - - - -
Total Annual Maintenance Expenses $ 11,530 $ 227,957 $ 187,648 $ 797,033 Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ 10,000 $ 30,000 $ 80,000 $ - CIP & Rehabilitation Fund Collection - 31,106 - 106,195 Total CIP & Rehabilitation Funding $ 10,000 $ 61,106 $ 80,000 $ 106,195 Incidental Operational Expenses
Operational Reserve Funding $ - $ 22,796 $ - $ 79,703
City Administration/Professional Fees $ 13,820 $ 21,247 $ 24,830 $ 74,900 County Administration Fees 106 931 877 2,934
Miscellaneous Administration Expenses 207 319 372 1,124 Annual Administration Expenses 14,133 22,497 26,080 78,958 Total Annual Incidental Expenses $ 14,133 $ 45,293 $ 26,080 $ 158,661 TOTAL ANNUAL EXPENSES $ 35,663 $ 334,356 $ 293,728 $ 1,061,890 General Benefit Expenses (City Funded) (1,671) (23,260) (22,330) (80,068) TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 33,992 $ 311,096 $ 271,398 $ 981,822

FUNDING ADJUSTMENTS/CONTRIBUTIONS
Available Ad Valorem Revenues Applied $ - $ - $ - $ -
Unfunded Reserve Fund Collection $ - $ (22,796) $ - $ (58,867) Unfunded CIP/Rehabilitation Fund Collection - (16,704) - - Reserve Fund Transfer/Deduction (22,085) - (43,108) -
Additional City Contribution and/or Service Reductions - - - - Total Funding Adjustments / Contributions $ (22,085) $ (39,500) $ (43,108) $ (58,867) BALANCE TO LEVY $ 11,907 $ 271,596 $ 228,291 $ 922,955

DISTRICT STATISTICS
Total Parcels 256 302 580 1,148
Parcels Levied 244 302 565 1,089
Total Benefit Units 563.00 304.75 566.23 1,091.75
Full Special Benefit Cost Recovery Rate per EBU $60.38 $1,020.82 $479.31 $899.31 Authorized Maximum Assessment Rate per EBU $385.1889 $891.2135 $403.1869 $845.3920 Applied Assessment Rate per EBU $21.15 $891.21 $403.18 $845.39

RESERVE & CIP FUND BALANCES
Beginning Fund Balance $ 479,287 $ 181,973 $ 609,723 $ (134,957) Collections / (Contributions) (22,085) 14,402 (43,108) 127,031 Estimated Ending Fund Balance $ 457,202 $ 196,375 $ 566,615 $ (7,926)

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zones L-2 (D through G)
Local Local Local Local
BUDGET ITEMS Landscaping Landscaping Landscaping Landscaping Zone L-2D Zone L-2E Zone L-2F Zone L-2G

ANNUAL OPERATING EXPENSES
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 36,710 $ 11,802 $ 5,878 $ 26,973 Contractual Services 110,464 37,879 26,367 103,778
Landscape Utilities 89,966 27,282 6,409 45,176
Lighting Electrical Service - - - -
Total Annual Maintenance Expenses $ 237,141 $ 76,962 $ 38,653 $ 175,927 Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ 75,000 $ - $ - $ 20,000 CIP & Rehabilitation Fund Collection 31,073 10,180 5,478 28,947 Total CIP & Rehabilitation Funding $ 106,073 $ 10,180 $ 5,478 $ 48,947 Incidental Operational Expenses
Operational Reserve Funding $ 23,714 $ 7,696 $ 3,865 $ 22,374 City Administration/Professional Fees $ 21,195 $ 7,288 $ 5,286 $ 26,187 County Administration Fees 1,093 283 148 753
Miscellaneous Administration Expenses 318 109 79 393
Annual Administration Expenses 22,606 7,681 5,514 27,333 Total Annual Incidental Expenses $ 46,320 $ 15,377 $ 9,379 $ 49,708 TOTAL ANNUAL EXPENSES $ 389,534 $ 102,519 $ 53,510 $ 274,582 General Benefit Expenses (City Funded) (30,276) (7,042) (2,608) (15,580) TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 359,258 $ 95,477 $ 50,902 $ 259,002

FUNDING ADJUSTMENTS/CONTRIBUTIONS
Available Ad Valorem Revenues Applied $ - $ - $ - $ -
Unfunded Reserve Fund Collection $ (23,714) $ (7,696) $ (1,881) $ - Unfunded CIP/Rehabilitation Fund Collection (31,073) (1,260) - - Reserve Fund Transfer/Deduction (19,491) - - -
Additional City Contribution and/or Service Reductions - - - - Total Funding Adjustments / Contributions $ (74,278) $ (8,956) $ (1,881) $ - BALANCE TO LEVY $ 284,981 $ 86,520 $ 49,021 $ 259,002

DISTRICT STATISTICS
Total Parcels 281 108 125 677
Parcels Levied 278 107 124 647
Total Benefit Units 278.00 107.22 124.00 655.15
Full Special Benefit Cost Recovery Rate per EBU $1,292.30 $890.49 $410.50 $395.33 Authorized Maximum Assessment Rate per EBU $1,025.1117 $806.9686 $395.3305 $395.3305 Applied Assessment Rate per EBU $1,025.11 $806.96 $395.33 $395.33

RESERVE & CIP FUND BALANCES
Beginning Fund Balance $ 288,022 $ - $ 101,598 $ 80,490 Collections / (Contributions) (19,491) 8,920 7,462 51,321 Estimated Ending Fund Balance $ 268,532 $ 8,920 $ 109,060 $ 131,811

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zones L-2 (H through K)
Local Local Local Local
BUDGET ITEMS Landscaping Landscaping Landscaping Landscaping Zone L-2H Zone L-2I Zone L-2J Zone L-2K

ANNUAL OPERATING EXPENSES
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 16,825 $ 17,346 $ 7,681 $ 27,751 Contractual Services 58,312 61,113 28,718 76,965
Landscape Utilities 34,407 34,346 14,102 78,792
Lighting Electrical Service - - - -
Total Annual Maintenance Expenses $ 109,544 $ 112,805 $ 50,500 $ 183,508 Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ 75,000 $ 55,000 $ 30,000 $ - CIP & Rehabilitation Fund Collection - - - 23,586
Total CIP & Rehabilitation Funding $ 75,000 $ 55,000 $ 30,000 $ 23,586 Incidental Operational Expenses
Operational Reserve Funding $ - $ - $ - $ 18,351
City Administration/Professional Fees $ 16,620 $ 21,165 $ 13,347 $ 22,293 County Administration Fees 603 567 282 688
Miscellaneous Administration Expenses 249 317 200 334
Annual Administration Expenses 17,473 22,049 13,828 23,316 Total Annual Incidental Expenses $ 17,473 $ 22,049 $ 13,828 $ 41,667 TOTAL ANNUAL EXPENSES $ 202,017 $ 189,854 $ 94,329 $ 248,761 General Benefit Expenses (City Funded) (12,684) (13,361) (5,830) (18,985) TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 189,333 $ 176,493 $ 88,499 $ 229,776

FUNDING ADJUSTMENTS/CONTRIBUTIONS
Available Ad Valorem Revenues Applied $ - $ - $ - $ -
Unfunded Reserve Fund Collection $ - $ - $ - $ (18,351) Unfunded CIP/Rehabilitation Fund Collection - - - (23,586) Reserve Fund Transfer/Deduction (22,566) (14,780) - (2,949) Additional City Contribution and/or Service Reductions - - - - Total Funding Adjustments / Contributions $ (22,566) $ (14,780) $ - $ (44,886) BALANCE TO LEVY $ 166,767 $ 161,713 $ 88,499 $ 184,890

DISTRICT STATISTICS
Total Parcels 423 633 400 373
Parcels Levied 420 608 394 366
Total Benefit Units 421.84 607.69 438.72 467.68
Full Special Benefit Cost Recovery Rate per EBU $448.82 $290.43 $201.72 $491.30 Authorized Maximum Assessment Rate per EBU $395.3305 $395.3305 $395.3305 $395.3305 Applied Assessment Rate per EBU $395.33 $266.11 $201.72 $395.33

RESERVE & CIP FUND BALANCES
Beginning Fund Balance $ 253,449 $ 338,393 $ 232,612 $ 14,448 Collections / (Contributions) (22,566) (14,780) - (2,949) Estimated Ending Fund Balance $ 230,883 $ 323,613 $ 232,612 $ 11,499

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zones L-2 (L through O)
Local Local Local Local
BUDGET ITEMS Landscaping Landscaping Landscaping Landscaping Zone L-2L Zone L-2M Zone L-2N Zone L-2O

ANNUAL OPERATING EXPENSES
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 11,566 $ 2,503 $ 2,386 $ 5,604 Contractual Services 37,140 7,240 8,183 24,918
Landscape Utilities 26,941 6,821 5,007 5,469
Lighting Electrical Service - - - -
Total Annual Maintenance Expenses $ 75,647 $ 16,564 $ 15,576 $ 35,990 Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ - $ 25,000 $ - $ 66,000 CIP & Rehabilitation Fund Collection 10,000 - - -
Total CIP & Rehabilitation Funding $ 10,000 $ 25,000 $ - $ 66,000 Incidental Operational Expenses
Operational Reserve Funding $ 7,565 $ - $ - $ -
City Administration/Professional Fees $ 7,793 $ 6,340 $ 2,749 $ 7,472 County Administration Fees 280 144 55 328
Miscellaneous Administration Expenses 117 95 41 112
Annual Administration Expenses 8,190 6,579 2,845 7,912
Total Annual Incidental Expenses $ 15,755 $ 6,579 $ 2,845 $ 7,912 TOTAL ANNUAL EXPENSES $ 101,402 $ 48,143 $ 18,421 $ 109,902 General Benefit Expenses (City Funded) (6,872) (1,317) (1,653) (1,634) TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 94,530 $ 46,826 $ 16,768 $ 108,268

FUNDING ADJUSTMENTS/CONTRIBUTIONS
Available Ad Valorem Revenues Applied $ - $ - $ - $ -
Unfunded Reserve Fund Collection $ (7,565) $ - $ - $ -
Unfunded CIP/Rehabilitation Fund Collection (9,797) - - - Reserve Fund Transfer/Deduction - - - (19,319)
Additional City Contribution and/or Service Reductions - - - - Total Funding Adjustments / Contributions $ (17,362) $ - $ - $ (19,319) BALANCE TO LEVY $ 77,168 $ 46,826 $ 16,768 $ 88,949

DISTRICT STATISTICS
Total Parcels 134 228 6 239
Parcels Levied 133 210 5 225
Total Benefit Units 133.00 228.20 76.55 225.00
Full Special Benefit Cost Recovery Rate per EBU $710.75 $205.20 $219.06 $481.19 Authorized Maximum Assessment Rate per EBU $580.2171 $395.3305 $395.3305 $395.3305 Applied Assessment Rate per EBU $580.21 $205.20 $219.06 $395.33

RESERVE & CIP FUND BALANCES
Beginning Fund Balance $ 38,607 $ 70,204 $ 56,279 $ 197,236 Collections / (Contributions) 203 - - (19,319)
Estimated Ending Fund Balance $ 38,810 $ 70,204 $ 56,279 $ 177,917

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zones L-2 (P through S)
Local Local Local Local
BUDGET ITEMS Landscaping Landscaping Landscaping Landscaping Zone L-2P Zone L-2Q Zone L-2R Zone L-2S

ANNUAL OPERATING EXPENSES
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 15,296 $ 4,802 $ 7,381 $ 1,944 Contractual Services 51,767 17,116 24,305 6,112
Landscape Utilities 31,954 9,490 16,593 4,731
Lighting Electrical Service - - - -
Total Annual Maintenance Expenses $ 99,017 $ 31,408 $ 48,279 $ 12,786 Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ - $ 45,000 $ 29,000 $ 25,000 CIP & Rehabilitation Fund Collection 13,254 - 6,412 -
Total CIP & Rehabilitation Funding $ 13,254 $ 45,000 $ 35,412 $ 25,000 Incidental Operational Expenses
Operational Reserve Funding $ 9,902 $ - $ 4,828 $ -
City Administration/Professional Fees $ 8,240 $ 9,354 $ 7,503 $ 5,180 County Administration Fees 362 257 274 129
Miscellaneous Administration Expenses 124 140 113 78
Annual Administration Expenses 8,726 9,752 7,889 5,386
Total Annual Incidental Expenses $ 18,628 $ 9,752 $ 12,717 $ 5,386 TOTAL ANNUAL EXPENSES $ 130,899 $ 86,160 $ 96,408 $ 43,173 General Benefit Expenses (City Funded) (8,918) (2,995) (2,948) (1,432) TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 121,981 $ 83,165 $ 93,460 $ 41,741

FUNDING ADJUSTMENTS/CONTRIBUTIONS
Available Ad Valorem Revenues Applied $ - $ - $ - $ -
Unfunded Reserve Fund Collection $ (9,902) $ - $ (4,828) $ - Unfunded CIP/Rehabilitation Fund Collection (9,830) - (6,412) - Reserve Fund Transfer/Deduction - (20,979) (5,696) (7,066) Additional City Contribution and/or Service Reductions - - - - Total Funding Adjustments / Contributions $ (19,732) $ (20,979) $ (16,936) $ (7,066) BALANCE TO LEVY $ 102,249 $ 62,186 $ 76,523 $ 34,675

DISTRICT STATISTICS
Total Parcels 97 330 200 125
Parcels Levied 90 317 194 119
Total Benefit Units 89.89 318.12 193.57 188.43
Full Special Benefit Cost Recovery Rate per EBU $1,356.93 $261.43 $482.83 $221.52 Authorized Maximum Assessment Rate per EBU $1,137.4366 $395.3305 $395.3305 $395.3305 Applied Assessment Rate per EBU $1,137.43 $195.48 $395.33 $184.02

RESERVE & CIP FUND BALANCES
Beginning Fund Balance $ 46,381 $ 210,085 $ 65,128 $ 70,666 Collections / (Contributions) 3,424 (20,979) (5,696) (7,066) Estimated Ending Fund Balance $ 49,805 $ 189,106 $ 59,432 $ 63,600

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zones L-2 (T through V) and L-3
Local Local Local Local
BUDGET ITEMS Landscaping Landscaping Landscaping Landscaping Zone L-2T Zone L-2U Zone L-2V Zone L-3

ANNUAL OPERATING EXPENSES
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 10,992 $ 3,939 $ 30,017 $ 2,046 Contractual Services 43,987 18,064 110,666 8,000
Landscape Utilities 16,284 3,820 57,844 3,379
Lighting Electrical Service - - - -
Total Annual Maintenance Expenses $ 71,263 $ 25,823 $ 198,528 $ 13,425 Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ 45,000 $ 20,000 $ 43,000 $ 5,000 CIP & Rehabilitation Fund Collection - - 26,886 1,845
Total CIP & Rehabilitation Funding $ 45,000 $ 20,000 $ 69,886 $ 6,845 Incidental Operational Expenses
Operational Reserve Funding $ - $ - $ 19,853 $ 1,343
City Administration/Professional Fees $ 10,802 $ 4,327 $ 18,121 $ 12,698 County Administration Fees 381 150 860 99
Miscellaneous Administration Expenses 162 65 272 190
Annual Administration Expenses 11,345 4,542 19,253 12,987 Total Annual Incidental Expenses $ 11,345 $ 4,542 $ 39,106 $ 14,330 TOTAL ANNUAL EXPENSES $ 127,608 $ 50,365 $ 307,519 $ 34,601 General Benefit Expenses (City Funded) (7,553) (2,430) (13,333) (899) TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 120,055 $ 47,935 $ 294,186 $ 33,702

FUNDING ADJUSTMENTS/CONTRIBUTIONS
Available Ad Valorem Revenues Applied $ - $ - $ - $ -
Unfunded Reserve Fund Collection $ - $ - $ (19,853) $ (1,343) Unfunded CIP/Rehabilitation Fund Collection - - (26,886) (1,845) Reserve Fund Transfer/Deduction (18,286) (5,763) (13,763) (1,957) Additional City Contribution and/or Service Reductions - - - - Total Funding Adjustments / Contributions $ (18,286) $ (5,763) $ (60,502) $ (5,145) BALANCE TO LEVY $ 101,769 $ 42,171 $ 233,684 $ 28,557

DISTRICT STATISTICS
Total Parcels 284 118 268 89
Parcels Levied 274 117 248 69
Total Benefit Units 274.00 117.00 247.87 516.96
Full Special Benefit Cost Recovery Rate per EBU $438.16 $409.70 $1,186.86 $65.19 Authorized Maximum Assessment Rate per EBU $395.3305 $395.3305 $942.7720 $55.2417 Applied Assessment Rate per EBU $371.42 $360.44 $942.77 $55.24

RESERVE & CIP FUND BALANCES
Beginning Fund Balance $ 183,300 $ 57,627 $ 144,201 $ 21,818 Collections / (Contributions) (18,286) (5,763) (13,763) (1,957) Estimated Ending Fund Balance $ 165,014 $ 51,864 $ 130,438 $ 19,861

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zones L-4 (A and B); and L-5 (A and B) * The City annually receives ad valorem funding for lighting and landscaping. These General Fund revenues are used to fund in whole or in part, the General Benefit Expenses and/or Additional City Contributions in specified Zones. For fiscal year 2022/2023 the ad valorem revenues are estimated to be $906,605 for lighting (may be used for Arterial Lighting, Local Lighting, and/or Traffic Signals), and $61,382 for landscaping (which may be used in Local Landscaping Zones L-4A or L-4B, and any of the nine Arterial Landscaping Zones.

Local Local Local Local
BUDGET ITEMS Landscaping Landscaping Landscaping Landscaping Zone L-4A Zone L-4B Zone L-5A Zone L-5B

ANNUAL OPERATING EXPENSES
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 11,777 $ 4,157 $ 61,793 $ 54,937 Contractual Services 41,395 14,737 222,941 191,948
Landscape Utilities 22,593 7,891 117,260 103,104
Lighting Electrical Service - - - -
Total Annual Maintenance Expenses $ 75,765 $ 26,784 $ 401,994 $ 349,988 Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ 30,000 $ - $ - $ 138,000 CIP & Rehabilitation Fund Collection 10,235 3,623 54,436 47,343 Total CIP & Rehabilitation Funding $ 40,235 $ 3,623 $ 54,436 $ 185,343 Incidental Operational Expenses
Operational Reserve Funding $ 7,577 $ 2,678 $ 40,199 $ 34,999 City Administration/Professional Fees $ 8,009 $ 4,012 $ 42,890 $ 50,007 County Administration Fees 372 103 1,498 1,756
Miscellaneous Administration Expenses 120 60 643 750
Annual Administration Expenses 8,501 4,175 45,031 52,513 Total Annual Incidental Expenses $ 16,078 $ 6,853 $ 85,230 $ 87,512 TOTAL ANNUAL EXPENSES $ 132,078 $ 37,260 $ 541,661 $ 622,843 General Benefit Expenses (City Funded) (8,011) (3,601) (54,782) (46,365) TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 124,067 $ 33,659 $ 486,879 $ 576,478

FUNDING ADJUSTMENTS/CONTRIBUTIONS
Available Ad Valorem Revenues Applied $ (28,499) $ (21,271) $ - $ - Unfunded Reserve Fund Collection $ (2,260) $ (1,790) $ (40,199) $ (34,999) Unfunded CIP/Rehabilitation Fund Collection - - (9,463) (47,343) Reserve Fund Transfer/Deduction - - - (72,382)
Additional City Contribution and/or Service Reductions - - - - Total Funding Adjustments / Contributions $ (30,759) $ (23,061) $ (49,662) $ (154,724) BALANCE TO LEVY $ 93,308 $ 10,598 $ 437,216 $ 421,755

DISTRICT STATISTICS
Total Parcels 150 105 797 1,260
Parcels Levied 142 102 754 1,148
Total Benefit Units 141.98 100.90 764.00 1,214.84
Full Special Benefit Cost Recovery Rate per EBU $873.84 $333.60 $637.27 $474.53 Authorized Maximum Assessment Rate per EBU $657.1988 $105.0460 $572.2727 $347.1759 Applied Assessment Rate per EBU $657.19 $105.04 $572.27 $347.17

RESERVE & CIP FUND BALANCES
Beginning Fund Balance $ 59,639 $ 4,027 $ 51,752 $ 730,112 Collections / (Contributions) 15,552 4,511 44,973 (72,382) Estimated Ending Fund Balance $ 75,190 $ 8,538 $ 96,725 $ 657,730

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Local Landscaping Zone L-5C and Arterial Landscaping Zones (A-1 through A-3) * The City annually receives ad valorem funding for lighting and landscaping. These General Fund revenues are used to fund in whole or in part, the General Benefit Expenses and/or Additional City Contributions in specified Zones. For fiscal year 2022/2023 the ad valorem revenues are estimated to be $906,605 for lighting (may be used for Arterial Lighting, Local Lighting, and/or Traffic Signals), and $61,382 for landscaping (which may be used in Local Landscaping Zones L-4A or L-4B, and any of the nine Arterial Landscaping Zones.

Local Arterial Arterial Arterial
BUDGET ITEMS Landscaping Landscaping Landscaping Landscaping Zone L-5C Zone A-1 Zone A-2 Zone A-3

ANNUAL OPERATING EXPENSES
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 16,015 $ 15,573 $ 26,116 $ 12,402 Contractual Services 64,060 59,268 81,810 43,940
Landscape Utilities 23,377 28,754 62,381 25,238
Lighting Electrical Service - - - -
Total Annual Maintenance Expenses $ 103,452 $ 103,595 $ 170,306 $ 81,580 Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ 175,000 $ 50,000 $ - $ - CIP & Rehabilitation Fund Collection - - 22,427 10,975
Total CIP & Rehabilitation Funding $ 175,000 $ 50,000 $ 22,427 $ 10,975 Incidental Operational Expenses
Operational Reserve Funding $ - $ - $ 17,031 $ 8,158
City Administration/Professional Fees $ 24,886 $ 25,367 $ 16,882 $ 11,933 County Administration Fees 910 537 629 313
Miscellaneous Administration Expenses 373 381 253 179
Annual Administration Expenses 26,169 26,285 17,764 12,425 Total Annual Incidental Expenses $ 26,169 $ 26,285 $ 34,795 $ 20,583 TOTAL ANNUAL EXPENSES $ 304,622 $ 179,879 $ 227,528 $ 113,139 General Benefit Expenses (City Funded) (15,455) (4,168) (10,263) (8,870) TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 289,167 $ 175,711 $ 217,265 $ 104,269

FUNDING ADJUSTMENTS/CONTRIBUTIONS
Available Ad Valorem Revenues Applied $ - $ - $ - $ -
Unfunded Reserve Fund Collection $ - $ - $ (17,031) $ (8,158) Unfunded CIP/Rehabilitation Fund Collection - - (22,427) (8,180) Reserve Fund Transfer/Deduction (60,075) - - -
Additional City Contribution and/or Service Reductions - - (107,483) - Total Funding Adjustments / Contributions $ (60,075) $ - $ (146,941) $ (16,338) BALANCE TO LEVY $ 229,092 $ 175,711 $ 70,324 $ 87,931

DISTRICT STATISTICS
Total Parcels 741 3,260 1,104 1,260
Parcels Levied 695 3,047 1,070 1,191
Total Benefit Units 785.53 4,064.23 1,114.31 1,393.30
Full Special Benefit Cost Recovery Rate per EBU $368.12 $43.23 $194.98 $74.84 Authorized Maximum Assessment Rate per EBU $347.1759 $63.1107 $63.1107 $63.1107 Applied Assessment Rate per EBU $291.64 $43.23 $63.11 $63.11

RESERVE & CIP FUND BALANCES
Beginning Fund Balance $ 600,609 $ 926,083 $ - $ 69,545 Collections / (Contributions) (60,075) - - 2,795
Estimated Ending Fund Balance $ 540,535 $ 926,083 $ - $ 72,340

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Arterial Landscaping Zones (A-4 through A-7)
* The City annually receives ad valorem funding for lighting and landscaping. These General Fund revenues are used to fund in whole or in part, the General Benefit Expenses and/or Additional City Contributions in specified Zones. For fiscal year 2022/2023 the ad valorem revenues are estimated to be $906,605 for lighting (may be used for Arterial Lighting, Local Lighting, and/or Traffic Signals), and $61,382 for landscaping (which may be used in Local Landscaping Zones L-4A or L-4B, and any of the nine Arterial Landscaping Zones.

Arterial Arterial Arterial Arterial
BUDGET ITEMS Landscaping Landscaping Landscaping Landscaping Zone A-4 Zone A-5 Zone A-6 Zone A-7

ANNUAL OPERATING EXPENSES
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 21,414 $ 27,479 $ 18,723 $ 60,726 Contractual Services 77,127 100,518 66,025 215,649
Landscape Utilities 41,262 49,363 32,918 121,290
Lighting Electrical Service - - - -
Total Annual Maintenance Expenses $ 139,803 $ 177,361 $ 117,666 $ 397,665 Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ - $ - $ - $ 50,000 CIP & Rehabilitation Fund Collection - 24,136 16,004 53,585 Total CIP & Rehabilitation Funding $ - $ 24,136 $ 16,004 $ 103,585 Incidental Operational Expenses
Operational Reserve Funding $ - $ 17,736 $ 11,767 $ 39,767 City Administration/Professional Fees $ 23,189 $ 26,105 $ 18,257 $ 53,581 County Administration Fees 489 683 456 1,664
Miscellaneous Administration Expenses 348 392 274 804
Annual Administration Expenses 24,026 27,180 18,986 56,049 Total Annual Incidental Expenses $ 24,026 $ 44,916 $ 30,753 $ 95,816 TOTAL ANNUAL EXPENSES $ 163,828 $ 246,412 $ 164,423 $ 597,067 General Benefit Expenses (City Funded) (18,597) (21,940) (16,113) (35,706) TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 145,231 $ 224,472 $ 148,310 $ 561,361

FUNDING ADJUSTMENTS/CONTRIBUTIONS
Available Ad Valorem Revenues Applied $ - $ - $ - $ -
Unfunded Reserve Fund Collection $ - $ (17,736) $ (6,856) $ (39,767) Unfunded CIP/Rehabilitation Fund Collection - (13,588) - (53,585) Reserve Fund Transfer/Deduction - - - (90,184)
Additional City Contribution and/or Service Reductions - - - - Total Funding Adjustments / Contributions $ - $ (31,324) $ (6,856) $ (183,536) BALANCE TO LEVY $ 145,231 $ 193,149 $ 141,454 $ 377,825

DISTRICT STATISTICS
Total Parcels 2,849 3,010 2,189 5,370
Parcels Levied 2,764 2,895 2,035 5,003
Total Benefit Units 3,004.27 3,060.51 2,241.38 5,986.77 Full Special Benefit Cost Recovery Rate per EBU $48.34 $73.34 $66.17 $93.77 Authorized Maximum Assessment Rate per EBU $63.1107 $63.1107 $63.1107 $63.1107 Applied Assessment Rate per EBU $48.34 $63.11 $63.11 $63.11

RESERVE & CIP FUND BALANCES
Beginning Fund Balance $ 461,139 $ 28,120 $ 7,602 $ 152,089 Collections / (Contributions) - 10,548 20,915 (90,184)
Estimated Ending Fund Balance $ 461,139 $ 38,668 $ 28,517 $ 61,905

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Arterial Landscaping Zones (A-8 and A-9), Arterial and Local Street Lighting * The City annually receives ad valorem funding for lighting and landscaping. These General Fund revenues are used to fund in whole or in part, the General Benefit Expenses and/or Additional City Contributions in specified Zones. For fiscal year 2022/2023 the ad valorem revenues are estimated to be $906,605 for lighting (may be used for Arterial Lighting, Local Lighting, and/or Traffic Signals), and $61,382 for landscaping (which may be used in Local Landscaping Zones L-4A or L-4B, and any of the nine Arterial Landscaping Zones.

Arterial Arterial
BUDGET ITEMS Landscaping Landscaping Arterial Local
Zone A-8 Zone A-9 Lighting Lighting

ANNUAL OPERATING EXPENSES
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 22,665 $ 44,504 $ 1,928 $ 5,783 Contractual Services 96,558 131,507 21,140 8,649
Landscape Utilities 29,128 115,709 - -
Lighting Electrical Service - - 168,912 769,488
Total Annual Maintenance Expenses $ 148,350 $ 291,721 $ 191,980 $ 783,920 Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ 50,000 $ - $ - $ - CIP & Rehabilitation Fund Collection 20,796 37,973 - -
Total CIP & Rehabilitation Funding $ 70,796 $ 37,973 $ - $ - Incidental Operational Expenses
Operational Reserve Funding $ 14,835 $ 29,172 $ - $ -
City Administration/Professional Fees $ 21,129 $ 31,078 $ 11,701 $ 21,528 County Administration Fees 721 1,082 611 2,416
Miscellaneous Administration Expenses 317 466 176 323
Annual Administration Expenses 22,166 32,626 12,487 24,267 Total Annual Incidental Expenses $ 37,001 $ 61,798 $ 12,487 $ 24,267 TOTAL ANNUAL EXPENSES $ 256,148 $ 391,492 $ 204,467 $ 808,187 General Benefit Expenses (City Funded) (12,861) (24,736) (61,340) (161,637) TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 243,287 $ 366,756 $ 143,127 $ 646,550

FUNDING ADJUSTMENTS/CONTRIBUTIONS
Available Ad Valorem Revenues Applied $ - $ - $ (102,031) $ (215,225) Unfunded Reserve Fund Collection $ (14,835) $ (29,172) $ - $ - Unfunded CIP/Rehabilitation Fund Collection (20,796) (37,973) - - Reserve Fund Transfer/Deduction (54,841) - - -
Additional City Contribution and/or Service Reductions - (148,558) - - Total Funding Adjustments / Contributions $ (90,472) $ (215,703) $ (102,031) $ (215,225) BALANCE TO LEVY $ 152,814 $ 151,053 $ 41,096 $ 431,325

DISTRICT STATISTICS
Total Parcels 2,410 2,458 23,910 19,553
Parcels Levied 2,327 2,374 22,706 18,638
Total Benefit Units 2,421.40 2,393.48 25,679.64 21,145.65 Full Special Benefit Cost Recovery Rate per EBU $100.47 $153.23 $5.57 $30.58 Authorized Maximum Assessment Rate per EBU $63.1107 $63.1107 $1.6739 $21.5786 Applied Assessment Rate per EBU $63.11 $63.11 $1.60 $20.40

RESERVE & CIP FUND BALANCES
Beginning Fund Balance $ 355,645 $ - $ - $ -
Collections / (Contributions) (54,841) - - -
Estimated Ending Fund Balance $ 300,804 $ - $ - $ -

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Traffic Signal Zones TS-1 through TS-3; and District Total * The City annually receives ad valorem funding for lighting and landscaping. These General Fund revenues are used to fund in whole or in part, the General Benefit Expenses and/or Additional City Contributions in specified Zones. For fiscal year 2022/2023 the ad valorem revenues are estimated to be $906,605 for lighting (may be used for Arterial Lighting, Local Lighting, and/or Traffic Signals), and $61,382 for landscaping (which may be used in Local Landscaping Zones L-4A or L-4B, and any of the nine Arterial Landscaping Zones.

Traffic Traffic Traffic Total
BUDGET ITEMS Signals Signals Signals District
Zone TS-1 Zone TS-2 Zone TS-3 Budget

ANNUAL OPERATING EXPENSES
Annual Maintenance Expenses
Personnel, Maintenance, Operations $ 1,928 $ 28,144 $ 771 $ 1,076,652 Contractual Services 10,315 119,124 2,579 3,843,703
Landscape Utilities - - - 2,037,896
Lighting Electrical Service 6,141 80,380 1,530 1,026,451 Total Annual Maintenance Expenses $ 18,383 $ 227,648 $ 4,880 $ 7,984,702 Capital Improvement Project & Rehabilitation
Planned CIP & Rehabilitation Expenditures $ - $ - $ - $ 1,226,000 CIP & Rehabilitation Fund Collection - - - 776,324
Total CIP & Rehabilitation Funding $ - $ - $ - $ 2,002,324 Incidental Operational Expenses
Operational Reserve Funding $ - $ - $ - $ 577,743
City Administration/Professional Fees $ 1,443 $ 10,592 $ 240 $ 910,079 County Administration Fees 59 715 15 32,691
Miscellaneous Administration Expenses 22 159 4 13,651
Annual Administration Expenses 1,524 11,466 259 956,421 Total Annual Incidental Expenses $ 1,524 $ 11,466 $ 259 $ 1,534,165 TOTAL ANNUAL EXPENSES $ 19,908 $ 239,114 $ 5,139 $ 11,521,190 General Benefit Expenses (City Funded) (9,954) (119,557) (2,570) (1,057,844) TOTAL ELIGIBLE SPECIAL BENEFIT EXPENSES $ 9,954 $ 119,557 $ 2,569 $ 10,463,346

FUNDING ADJUSTMENTS/CONTRIBUTIONS
Available Ad Valorem Revenues Applied $ (189) $ (2,857) $ (78) $ (370,150) Unfunded Reserve Fund Collection $ - $ - $ - $ (521,434) Unfunded CIP/Rehabilitation Fund Collection - - - (519,013) Reserve Fund Transfer/Deduction - - - (725,512)
Additional City Contribution and/or Service Reductions - - - (256,041) Total Funding Adjustments / Contributions $ (189) $ (2,857) $ (78) $ (2,392,150) BALANCE TO LEVY $ 9,765 $ 116,700 $ 2,491 $ 8,071,197

DISTRICT STATISTICS
Total Parcels 3,178 20,643 89
Parcels Levied 2,982 19,655 69
Total Benefit Units 3,562.27 21,600.41 516.96
Full Special Benefit Cost Recovery Rate per EBU $2.79 $5.53 $4.97 Authorized Maximum Assessment Rate per EBU $3.7878 $7.4778 $9.2130 Applied Assessment Rate per EBU $2.74 $5.40 $4.82

RESERVE & CIP FUND BALANCES
Beginning Fund Balance $ - $ - $ - $ 7,421,246
Collections / (Contributions) - - - (411,891)
Estimated Ending Fund Balance $ - $ - $ - $ 7,009,355

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Part IV - Assessment Roll
Due to the number of parcels in the District, the Assessment Roll for fiscal year 2022/2023 (a listing of the parcels to be assessed within this District along with the assessment amounts) has been filed with the City Clerk in an electronic format and is, by reference, made part of this Report.

The proposed Assessment Roll shall be available for public inspection in the City Clerk’s Office during normal office hours.

The Assessment Roll reflects all properties identified within the District and their assessment amount(s) for fiscal year 2022/2023. Each parcel listed on the Assessment Roll is currently shown and illustrated on the County Assessor's Roll and the County Assessor’s Parcel Number Maps (APN maps). These records are, by reference, made part of this Report and shall govern for all details concerning the description of the lots or parcels. All assessments presented on the assessment roll are subject to change as a result of parcel changes made by the County including parcel splits, parcel merges or development changes that occur prior to the County Assessor's Office securing the final roll and generating tax bills for fiscal year 2022/2023.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Part V - Assessment Diagrams
The boundary of the Yorba Linda Street Lighting and Landscaping Maintenance District is coterminous with the City boundaries and consists of all lots, parcels, and subdivisions of land within the City of Yorba Linda. The following section contains various diagrams that show the boundaries of the Zones within the District that were previously identified and discussed. In addition to depicting the boundaries of the Zones within the District, some diagrams also show the location and extent of the landscape improvements within the Zone.

The parcels within each District Zone consist of all lots, parcels, and subdivisions of land within the boundaries as depicted by these diagrams and shall consist of, and be dictated by, the lines and dimensions as those lots, parcels, and subdivisions of land shown on the Orange County Assessor’s parcel maps for the current year, and by reference, the Orange County Assessor’s parcel maps are incorporated herein and made part of this Report. The following diagrams show the boundaries of the District Zones for fiscal year 2022/2023. These diagrams along with the Assessment Roll incorporated in this Report constitute the District Assessment Diagram for fiscal year 2022/2023.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Local Landscaping Zones

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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Arterial Landscaping Zones

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Arterial Street Lighting Zone

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Local Street Lighting Zone

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Traffic Signal Zones

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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Appendix A - Historical District Changes
In accordance with the 1972 Act, the Yorba Linda City Council had previously formed the following six (6) Maintenance Assessment Districts:
• Citywide Street Lighting Maintenance District No. 2, in 1979 • Landscape Maintenance No. 1, in 1980
• Landscape Maintenance No. 2, in 1980
• Landscape Maintenance No. 3, in 1981
• Landscape Maintenance No. 5, in 1988
• Landscape Maintenance No. 7, in 1990
These districts were formed to provide a means of funding the maintenance of public improvements including parkway side-panel and median landscaping, greenbelt and slope landscaping within residential developments, and the street lighting and traffic signal systems that benefited properties and developments within the City.

In order to continue to provide for the expenses and servicing of facilities within the boundaries of these districts and to reduce the administrative cost incurred in administering the districts, the City Council at their meeting of June 21, 1994, approved the consolidation of all the districts into a single city-wide consolidated district designated as the Street Lighting and Landscape Maintenance District.

Fiscal Year 1997/1998:

In response to the new procedures required by Proposition 218 (Prop. 218), which was approved on the November 1996 Statewide ballot and added Article XIII D to the California State Constitution, the City initiated steps to reorganize the District to reflect the special benefits associated with the improvements for each property in the District, commencing with the fiscal year 1997/1998. This reorganized District established a citywide Arterial Landscaping Zone, a citywide Arterial Street Lighting Zone, a non-contiguous Local Street Lighting Zone, three Traffic Signal Zones (TS-1, TS-2, and TS-3), and four Local Landscaping Zones (L-1, L-2, L-3, and L-4).

As part of this District reorganization, notices and ballots were mailed to all property owners within the District, outlining the changes to the method of apportionment and the resulting assessment amount proposed for each property and that such assessments would include an annual inflationary adjustment (escalator) based on the Consumer Price Index (CPI). On July 1, 1997, the ballot results were tabulated with eighty-three percent (83%) of the returned assessment ballots approving the assessment rates and annual inflationary adjustment.

Fiscal Year 2000/2001 - Fiscal Year 2003/2004:

In fiscal year 2000/2001, the City Council adopted a resolution establishing Local Landscaping Zone L-5 within the District. The boundaries of Zone L-5 include the area involved in the “Shell Reorganization” (RO 94-01) recorded October 15, 1996, under a Certificate of Completion by the Local Agency Formation Commission (LAFCO) of Orange County. Zone L-5 was created to fund the maintenance and servicing of slopes, parkway side-panels, median islands, trails, and greenbelt areas for the Vista Del Verde master planned project. Subsequently, various developing tracts adjacent to the original Zone boundaries were annexed into Zone L-5. However, even with the annexation of additional territory, the overall number of housing units for the Zone was less

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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than what was originally anticipated, but the area of landscaping to be maintained within the Zone increased. As a result, the annual assessments did not sufficiently account for the costs associated with the special benefits received by parcels within that Zone and in fiscal year 2003/2004, the City Council established Local Landscaping Zone L-5A (Vista Del Verde) over a portion of the original Zone L-5 in order to provide for the additional funds required to maintain the level of landscaping and special benefits to parcels within the Vista Del Verde project area.

The new zone was formed in compliance with proceedings outlined in Article XIII D of the California State Constitution for the implementation of new or increased assessments. The remaining developments that were annexed into Zone L-5 after the original establishment of the Zone were not included as part of Zone L-5A and were not part of the balloting.

Fiscal Year 2012/2013:

A review, analysis and evaluation of the improvements and properties within Local Landscaping Zone L-2 was conducted and as a result of that analysis, this Local Landscaping Zone was reengineered to establish sixteen (16) Local Landscaping Zones (L-2A through L-2P) to more accurately identify the local landscaping improvements associated with the properties and the proportional special benefit derived from those improvements. While this restructuring of Zone L2 did not increase the previously adopted maximum assessments allowed, the re-engineering did bring to light that to fully fund the maintenance and operation of the improvements that provide special benefit to properties within many of these newly established Zones, assessment increases may likely be warranted in the future.

Fiscal Year 2013/2014:

As part of an ongoing effort to clarify and ensure that the annual District assessments are consistent with the substantive provisions of the California Constitution Article XIII D and the provisions of the Landscaping and Lighting Act of 1972, in fiscal year 2013/2014 a similar review and analysis of the improvements and properties was conducted for Local Landscaping Zones L1, L-3, L-4 and L-5. As a result of that review and analysis the following zone restructuring was implemented: Zone L-1 was split into three zones (L-1A, L-1B and L-1C); Zone L-3 was left unchanged; Zone L-4 was split into two zones (L-4A and L-4B); and Zone L-5 and L-5A were reorganized into three zones (L-5A, L-5B and L-5C).

In addition to the Local Landscaping Zone changes, an initial re-engineering of the Arterial Landscaping Zone was implemented establishing three arterial zones: Zone A-1 which generally included properties in the eastern portion of the City (east of Yorba Linda Boulevard); Zone A-2, which generally included properties and developments in the western and northern portion of the City that were within one of the Local Landscaping Zones (excluding Zones L-4A & L-4B); and Zone A-3 which includes all other properties not included within Zone A-1 or Zone A-2.

Fiscal Year 2014/2015:

In response to recommendations put forth by the Yorba Linda Landscape Maintenance Citizen Advisory Committee (LMCAC) established by the City Council and the recommendations of the City Council itself, additional changes and refinements to the District were implemented in fiscal year 2014/2015. These changes included:
➢ Local Landscaping Zone L-2B (originally established in fiscal year 2012/2013) was split into four smaller Local Landscaping Zones:

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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• the residential area east of Village Center Drive and south of Yorba Linda Boulevard (which was a large part of the original Zone) continued to be designated as Zone L-2B; • the area located north of Bastanchury Road and west of Village Center Drive was designated as Zone L-2Q;
• the area between Yorba Linda Boulevard and Bastanchury Road on the west side of Village Center Drive was designated as Zone L-2R; and,
• the remaining area located between Yorba Linda Boulevard and Bastanchury Road on the east side of Village Center Drive was designated as Zone L-2S. ➢ Local Landscaping Zone L-1B (originally established in fiscal year 2013/2014) was split into two smaller Local Landscaping Zones:
• the area east of Camino De Bryant Village between La Palma Avenue and the railroad tracks being designated as Zone L-1D; and,
• the residential area north of the railroad tracks on the west side of Camino De Bryant up to Meadow Land Drive, and then both sides of Camino De Bryant and Kodiak Mountain Drive remaining as Zone L-1B.
➢ The Arterial Landscaping Zone structure was modified to establish nine smaller more localized Arterial Landscaping Zones (Zones A-1 through A-9). These nine Zones were established based on the various landscape improvements segments being maintained as part of the arterial improvements, the streets where those improvements are located, and the properties and developments that are typically accessed by those streets and improvement areas.

Fiscal Year 2015/2016:

In fiscal year 2015/2016 the following District changes were implemented:
➢ Local Landscaping Zone L-1C (located east of Camino De Bryant at the end of La Palma Avenue and originally established in fiscal year 2013/2014) was physically bifurcated by a railroad right-of-way running east and west through the Zone. It was determined that the improvements on either side of this railroad right-of-way were substantially different enough to warrant the splitting of this Zone into two smaller Local Landscaping Zones. The residential area south of the railroad right-of-way was established as Zone L-1E with the remaining residential area north of the railroad right-of-way continuing to be designated as Zone L-1C. ➢ Local Landscaping Zone L–1D (originally established in fiscal year 2013/2014) and comprised of primarily Residential Single-Family properties was expanded to include the Non-Residential properties just west of the Zone and east of Via Lomas De Yorba East. It was determined that these Non-Residential properties (previously part of Zone L-1A) regularly utilize and access the trail and improvements within Zone L-1D and therefore receive similar and proportional special benefit from those improvements. Therefore, these Non-Residential properties were reclassified as part of Zone L-1D and removed from Zone L-1A. ➢ Local Landscaping Zone L-1A (originally established in fiscal year 2013/2014, and comprised of both Residential Single-Family and Non-Residential Developed properties), like Zone L-1C was physically bifurcated by a railroad right-of-way running east and west through the Zone with the area north of the railroad right-of-way being primarily Residential Single-Family and the area south of the railroad right-of-way being primarily Non-Residential, but also having a 330-unit residential development. It was determined that the improvements being maintained for the Zone were the result of and directly associated with the developments north of the railroad right-of-way and the area south of the railroad right-of-way did not receive the same

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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level of direct benefit from those improvements. Therefore, the area south of the railroad rightof-way (excluding the Non-Residential properties east of Via Lomas De Yorba East which were incorporated into L-1D as noted above) were detached from L-1A and established as Zone L-1F. The residential area north of the railroad right-of-way continued to be designated as Zone L-1A.
➢ Local Landscaping Zone L–2H (located in the central part of the City and originally established in fiscal year 2012/2013) is comprised almost entirely of developed residential properties, but physically bifurcated by Yorba Linda Boulevard. While the properties and landscape improvements both north and south of Yorba Linda Boulevard are very similar in nature, in order to make the Local Landscaping Zone structure more consistent with Arterial Zones this large local Zone was split into two Local Landscaping Zones with the residential area north of Yorba Linda Boulevard being established as Zone L-2T (being within Arterial Landscaping Zone A-5) and the residential area south of Yorba Linda Boulevard remaining as L-2H (being within Arterial Landscaping Zone A-9).
➢ In addition to the Local Landscaping Zone adjustments outlined above, the area commonly known as the Hidden Hills area (previously designated in 2014/2015 as part of Arterial Landscaping Zone A-1) was reassigned to Arterial Landscaping Zone A-3. Similar to some of the Local Landscaping Zone changes made, it was determined that the properties in the Hidden Hills area (located north of the railroad right-of-way) are accessed, utilize and benefit from the arterial streets and associated improvements within Zone A-3 rather than those streets and improvements within Zone A-1.

These preceding modifications to the District did not increase the maximum assessments previously authorized and approved for any parcel or the amount paid annually by any property owner and has not changed the nature or extent of the landscape maintenance services provided by the District. These changes are described in more detail in the sections of the Report that follow and the location and extent of both the improvements and boundaries of each of these Zones are shown in "Part V- Assessment Diagrams" of this Report.

Fiscal Year 2016/2017:

In fiscal year 2016/2017 the following District changes were addressed:

Prior to the writing of the fiscal year 2016/2017 Engineer’s Report, the City Council conducted Property Owner Protest Ballot Proceedings for increased assessments for twelve underfunded Local Landscaping Zones pursuant to the provisions of the California Constitution Article XIIID.

The twelve Local Landscaping Zones that were balloted included Zones L-1B, L-2A, L-2B, L-2C, L-2D, L-2E, L-2K, L-2L, L-2N, L-2P, L-4A, and L-5A. As a result of those protest ballot proceedings, Zones L-2B, L-2C, and L-2D approved the proposed increase to their maximum assessments and those approved new maximum assessment rates were implemented for fiscal year 2016/2017.

In the nine Local Landscaping Zones (L-1B, L-2A, L-2E, L-2K, L-2L, L-2N, L-2P, L-4A, and L-5A) that had a majority protest and the proposed assessment increases were not implemented, the City Council directed City staff to begin implementing steps to minimize service levels and reduce the overall cost of maintaining the improvements in each of those nine Zones over the course of fiscal year 2016/2017.

As a result of these planned service reductions for specified improvement areas, it was determined that the extent of the improvements to be maintained at regular services levels within

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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the existing Local Landscaping Zone L-2E would be different for the residential properties on the west side of Village Center Drive as compared to the residential properties on the east side of Village Center Drive which had been collectively included in the same Zone because of the overall similarity in the improvements being maintained in those residential tracts. Therefore, for fiscal year 2016/2017 those residential properties and associated improvements on the east side of Village Center Drive were established as a new Local Landscaping Zone L-2U with the improvements and parcels on the west side of Village Center Drive remaining as Zone L-2E.

Fiscal Year 2017/2018:

In fiscal year 2017/2018 the following District changes were addressed:

After the approval of the fiscal year 2016/2017 District assessments and prior to the writing of fiscal year 2017/2018 Report, the City Council conducted Property Owner Protest Ballot Proceedings for increased assessments for four underfunded Local Landscaping Zones pursuant to the provisions of the California Constitution Article XIIID. The five Local Landscaping Zones that were balloted for increased assessments included Zones L-2A, L-2K, L-2L, L-2N, and L-2P.

The protest ballot proceedings resulted in Zones L-2A, L-2L and L-2P approving the proposed increase to their maximum assessments and those approved new maximum assessment rates were reflected in the fiscal year 2017/2018 Report. In the remaining two Local Landscaping Zones (L-2K and L-2N), there was a majority protest for the proposed assessment increases and those proposed increases were not implemented. As a result of these majority protests, the City Council subsequently directed City staff to implement steps to minimize service levels and reduce the overall cost of maintaining the improvements in these two Zones.

In addition, the fiscal year 2017/2018 Report also incorporated the overall service level and cost reductions that had been implement for Local Landscaping Zones L-2E, L-2P, L-4A, and L-5A which were previously balloted for increased assessments but did not approve those increases.

The steps taken to reduce costs, targeted specific improvement areas within each Zone. In many cases, various improvement areas previously being maintained through the District assessments were removed as Zone improvements, reducing the overall maintenance area within those Zones.

Additionally, in some Zones, reduced levels of maintenance were implemented in specific areas which may have include limited tree management such as tree removal for dead/diseased trees, weed abatement to meet fire clearance requirements, rodent control, and best management practices (BMP) installation for erosion control when necessary. These services were to be provided on an as-needed basis similar to the baseline servicing identified for establishing general benefit costs. The extent of the areas being reduced to the minimized maintenance service level and the areas that will continue to be maintained at regular services levels or at a modified service level was based on available assessment revenues and varied for each Zone.

On June 26, 2017, the property owners within Local Landscaping Zone L-1B approved a proposed new/increased assessment through a second Property Owner Protest Ballot Proceeding.

However, at the request of property owners in Zone L-1B, the new/increased assessments that was approved incorporated the elimination of specific improvement areas that had been previously maintained as part of the Zone improvements in order to reduce costs and associated assessment rate. The fiscal year 2017/2018 Report incorporated the improvements, budget, diagram, and assessments for Zone L-1B outlined in the Engineer’s Report prepared in connection with the new/increased assessment that was approved and adopted by the City Council at the conclusion of the Ballot Proceeding.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

Fiscal Year 2018/2019:

In fiscal year 2018/2019 the following District changes were addressed:

As part of the City’s ongoing efforts to clarify and ensure that the annual District assessments are consistent with the substantive provisions of the California Constitution Article XIII D and the provisions of the Landscaping and Lighting Act of 1972, and in part as a result of planned service reductions for specified improvement areas within the District, it was determined that the overall extent of the improvements to be maintained within the previously established Local Landscaping Zone L-2N (originally established in fiscal year 2013/2014), was different for the overall residential developments as compared to the non-residential properties on Eastside Circle near the entryway to the Zone on Esperanza Road (Esperanza Road/Hidden Hills Road). Therefore, as part of the fiscal year 2018/2019 annual report, the residential properties and development area east of Eastside Circle were established as a new Local Landscaping Zone L-2V and the remaining nonresidential properties accessed from Eastside Circle remained as Zone L-2N. While this reorganization of the Zone did not increase the previously adopted maximum assessments allowed, the new Local Landscaping Zone L-2V and new boundaries for Local Landscaping Zone L-2N provided a more accurate reflection of the proportional special benefits that properties received from the local landscaping improvements.

Although the reorganization into Local Landscaping Zone L-2V and the revised Local Landscaping Zone L-2N did not increase the previously adopted maximum assessments allowed, on May 1, 2018, the City Council initiated proceedings and declared its intention to expand the improvements and servicing (maintenance) for Local Landscaping Zone L-2V and to ballot the properties within Zone L-2V for a new or increased assessment. At the fiscal year 2018/2019 annual public hearing, the outcome of the ballot proceeding for Local Landscaping Zone L-2V was unknown and the Annual Engineer’s Report was adopted, approving the maximum assessments for both Zone L-2N and L-2V at the same previously authorized adjusted maximum assessment rate. Subsequently, at the August 7, 2018, public hearing for Zone L-2V, property owner ballots regarding the new/increased assessment were tabulated and majority protest did not exist. The City Council approved and adopted the new Maximum Assessment and fiscal year 2018/2019 assessment for Local Landscaping Zone L-2V which included a modified Assessment Range Formula (New inflationary adjustment) and by reference these changes to Local Landscaping Zone L-2V were incorporated into the Annual Report for fiscal year 2018/2019.

Fiscal Year 2019/2020:

In fiscal year 2019/2020 the following District change was implemented:

In fiscal year 2015/2016, the primarily non-residential development area within Local Landscaping Zone L-1A located north and northeast of La Palma Avenue, and south and southwest of the railroad right-of-way running east and west through Zone L-1A (originally established in fiscal year 2013/2014) was established as Zone L-1F with the residential developments north of the railroad right-of-way being retained as Zone L-1A. At that time, it was determined that the improvements being maintained within the original L-1A Zone were the result of and directly associated with the residential developments north of the railroad right-of-way and the properties in the new Zone L1F primarily received direct special benefit from just the arterial landscaping on La Palma Avenue and the properties within Zone L-1F were no longer assessed for local improvements. In fiscal

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
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year 2019/2020 Local Landscaping Zone L-1F was dissolved pursuant to the provisions of the 1972 Act and any fund balance remaining in that Zone’s account were transferred and applied to the fund balance of Arterial Landscaping Zone A-1.

No other notable or consequential changes to the District and/or improvements were proposed or implemented for fiscal year 2019/2020.

Fiscal Year 2020/2021:

In fiscal year 2020/2021 the following District changes were implemented:

Pursuant to the provisions of the California Constitution Article XIIID the City Council conducted three separate Property Owner Protest Ballot Proceedings for new/increased assessments in three underfunded Local Landscaping Zones. The three Local Landscaping Zones that were balloted for increased assessments included Zones L-2G, L-4A, and L-2E. The separate protest ballot proceedings resulted in approval of new maximum assessments and new assessment range formulas (increased assessments) commencing in fiscal year 2020/2021 for Local Landscaping Zone L-4A on May 5, 2020, and for Local Landscaping Zone L-2E on May 19, 2020.

However, at the conclusion of the public hearing on February 18, 2020, for Local Landscaping Zone L-2G, the ballot tabulation resulted in a majority protest for the proposed assessment increase. Therefore, in accordance with previously adopted City Council policy, City staff began implementing steps to minimize service levels and reduce the overall cost of maintaining the improvements within Zone L-2G for fiscal year 2020/2021 including the vacation of specific landscaping easements on private property as outlined by the City Council policy.

At the Annual Intent Meeting on June 16, 2020, the City Council preliminarily approved the Annual Engineer’s Reported which reflected the proposed vacation of approximately 374,473 square feet of improvements (342,587 square feet of sloped/mostly-sloped area and 31,886 square feet of flat/moderately-sloped area) within Local Landscaping Zone L-2G, which reduced the overall maintenance costs for the Zone. However, as part of that approval, the City Council indicated it would delay the vacation proceedings if property owners within the Zone could garner sufficient petition signatures to re-ballot Zone L-2G for an increased assessment. Prior to the Public Hearing on July 21, 2020, the City received sufficient petitions to warrant the re-ballot of Zone L-2G and the Annual Engineer’s Report was revised to assume the postponement of the vacation process and reflect the continued maintenance of the existing Zone L-2G improvements. Subsequently, the City conducted a second Property Owner Protest Ballot Proceeding for a proposed new/increased assessment for Zone L-2G commencing in fiscal year 2021/2022. At the conclusion of the public hearing on November 17, 2020, the ballot tabulation resulted in a majority protest for the proposed assessment increase. Therefore, the City resumed proceedings to vacate specific landscaping easements on private property as soon as possible and implemented reductions in the levels of maintenance in specific areas as needed to reflect available assessment revenues including limited or modified tree management such as tree removal for dead/diseased trees, weed abatement to meet fire clearance requirements, rodent control, and best management practices (BMP) installation for erosion control when necessary. These services may be provided on an as-needed basis similar to the baseline servicing identified for establishing general benefit costs. The extent of any additional service level reductions as well as the specific locations and service level reductions were determined by the Public Works Director based on available assessment revenues and in accordance with City Council policy.

Yorba Linda Street Lighting and Landscaping Maintenance District Engineer’s Annual Report
Fiscal Year 2022/2023

In addition, commencing with fiscal year 2020/2021, the landscaping and related improvements that are specifically associated with the Old Pomegranate Trail as well as the landscaping and related improvements adjacent to the Susanna Bixby Bryant Museum and Botanic Garden (previously maintained as part of Zone L-1D) were removed as District improvements. With the elimination of these improvements from the District, Local Landscaping Zone L-1D was reconfigured to include only those properties in proximity to the remaining landscape improvement areas within Zone L-1D and that receive a special benefit from those remaining improvements.

Fiscal Year 2021/2022:

In fiscal year 2021/2022, as part of the ongoing annual review of the improvements associated with each Zone, and to ensure consistency throughout the District, various improvement areas presented in “Part V- Assessment Diagrams” and the improvement descriptions in “Part I - Plans and Specifications” of the fiscal year 2021/2022 Report were updated to accurately reflect the landscaping areas and associated square footages currently being maintained in each landscaping Zone. As part of these updates, some improvement areas at the intersection of Valley View Avenue and Lakeview Avenue in proximity to Lakeview Elementary School, as well as on Bastanchury Road in proximity to Yorba Linda High School have been reclassified as arterial landscaping improvements rather than as local landscaping improvements. Also reflected were revised improvement areas to be maintained within Local Landscaping Zone L-2G commencing in fiscal year 2021/2022 after the second majority protest to increase the assessments in November 2020. These new improvement areas incorporated the elimination of the various vacated easements and service reductions necessary to bring the annual expenditures for L-2G in line with available revenues.

PUBLIC WORKS DEPARTMENT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., PUBLIC WORKS DIRECTOR/CITY ENGINEER SUBJECT: RESOLUTION NO. 2022-5803 APPROVING THE THIRD AMENDMENT TO

AGREEMENT FOR SOLID WASTE HANDLING SERVICES REGARDING
STATE MANDATE SB 1383

RECOMMENDATION
It is recommended that the City:
1) Adopt Resolution No. 2022-5803 approving the Third Amendment to the Agreement for Solid Waste Handling Services between the City of Yorba Linda and Republic Waste Services of Southern California, LLC.; and
2) Authorize the City Manager to sign the Third Amendment to Agreement for Solid Waste Handling Services as it relates to Senate Bill 1383 (SB 1383).

BACKGROUND
On September 19, 2016, Governor Brown signed into law Senate Bill (SB) 1383 establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of the California economy. The goal of SB 1383 is to reduce organic waste disposal in landfills by 75% and increase edible food recovery by 20%, by 2025. SB 1383 is the most significant waste reduction mandate to be adopted in the State of California in the last 30 years and requires all jurisdictions to implement a mandatory organic recycling ordinance by January 1, 2022. This legislation requires all businesses, residents, and multi-family complexes to have access to recycling programs that capture and divert from landfills food scraps, landscaping waste, and other organic waste materials.

To meet the SB 1383 regulations, jurisdictions throughout the State were required to adopt an ordinance or other similarly enforceable mechanism by January 1, 2022. Therefore, on December 7, 2021, the City Council adopted Ordinance No. 2021-1087 amending Chapter

8.20 of the Yorba Linda Municipal Code to address the State organics recycling mandate SB 1383. For additional details regarding the ordinance and requirements of SB 1383 please refer to the December 7, 2021, City Council staff report and adopted ordinance. (Attachment A).

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DISCUSSION
An amendment to the existing Franchise Agreement (Agreement) is necessary to add additional services and requirements due to the City’s state-mandated obligation to implement organic waste collection and related services pursuant to SB 1383. This bill requires all jurisdictions in California to divert organic waste from landfill disposal by implementing organic waste collection services, an edible food recovery program, new public education and outreach programs, recordkeeping and reporting, procurement of recyclable materials, and inspecting and enforcing noncompliant locations. The program and associated rate increases are proposed to be in affect this coming July 1, 2022.

Residential Service:

Republic Services does not currently provide an organic waste collection program for residents that includes the collection and processing of food waste, so the City and Republic Services have mutually agreed to amend the Agreement to include this service. Residents will now be required to place all food scraps into their existing brown green-waste container, no additional curbside container will be needed. Please see the Analysis section of this report for more details on the program.

With the assistance of HF&H Consultants, LLC (HF&H), staff has negotiated terms for an amendment to the existing Franchise Agreement with Republic Services that includes the continuation of existing programs as well as the implementation of the new required organic waste collection services and related programs.

Furthermore, HF&H performed a financial review of Republic Services’ revenues, expenses, and cost allocations and has determined that the agreed upon terms provide for reasonable rates for residents. Based on HF&H's review, the City and Republic have agreed to an increase to the maximum rate Republic may charge Customers of $3.18 per month for the standard 3 cart system which includes the organics placed in their existing (brown) greenwaste container. Additional organics related services and containers will increase accordingly and can be referenced in Exhibit A of the Third Amendment to the Agreement, which identifies the maximum rates Republic may charge. (Attachment B) Final disposition of the organics and green waste will continue to occur at the Agromin composting facility, co-owned by Republic, located in the City of Chino, subsequent to preprocessing of the material at Republic's CVT Regional Materials Recovery Facility located in the City of Anaheim. The City retains the right, if so desired, under Section 26.1 of the Agreement, Flow Control Option, to have the absolute ability to choose the location for the delivery of organics/green waste, and that the maximum rate that may be charged to the ratepayer will be reduced or increased accordingly if the transportation and processing costs of using such facility are lower or higher than the costs of using the Agromin facility.

Republic will notify the City in connection with its regular annual rate adjustment effective July 1 of each year if a lower cost option becomes available, or if a lower cost is provided to

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another jurisdiction served by Republic's Anaheim Division in order to initiate a cost reduction to the City's customers.

Commercial Businesses and Multi-family Complexes (5 or more units):

Commercial Businesses and Multi-family complexes (5 or more units) should already be subscribed to both a recycling program and an organics recycling program as outlined in State bills AB 341 (Mandatory Commercial Recycling) and AB 1826 (Mandatory Organics Recycling). If they have not, SB 1383 will require that they comply, or they will have to be automatically enrolled during the SB 1383 implementation process. By definition, commercial means any business or multi-family residential dwelling of five units or more that generates four cubic yards or more of commercial solid waste per week. If the customer is unaware of their compliance status, they can contact the Republic Services Recycling Coordinator who will assess and assist them for no charge. The Recycling Coordinator can help determine the right level of service prior to the automatic enrollment deadline.

With the formal implementation of SB 1383 additional costs are associated with and can be referenced in the Exhibit A of the Third Amendment to the Agreement, which identifies the maximum rates Republic may charge (Attachment B). Again, these costs were included in HF&H’s over-all cost analysis of Republic’s proposal, renegotiated, and determined to be reasonable rates.

Annual Consumer Price Index
It is also important to note that this is the time of the year in which the hauler, Republic Services is entitled to an annual Consumer Price Index (CPI) adjustment to both the Service Component and Disposal Component of Maximum Rates pursuant to Section 24.3 and 24.5 of the solid waste franchise agreement. The City Manager has confirmed the appropriate CPI adjustment has been proposed by Republic Services and approved the annual CPI adjustment effective July 1, 2022, as required by the Agreement. The attached Exhibit A of the Third Amendment to the Agreement (Attachment B) reflects the contractually required increases to the maximum rates Republic Services is permitted to charge residential and commercial customers in Fiscal Year 2022/23.

ANALYSIS
A. Changes to curbside service –
i. Trash – No change proposed; will continue to be collected weekly. ii. Recycling – No change proposed for residents; commercial businesses and multi-family complexes must subscribe, or auto-enrollment will be implemented at a service level pre-determined by the hauler, Republic Services.

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iii. Green Waste (Organic Waste) – Will expand for residents and businesses (already subscribing) to become Organic Waste including yard and food waste. If a business or multi-family complex is currently out of compliance with their lack of organics/green-waste service they must subscribe or autoenrollment will be implemented at a service level pre-determined by the hauler, Republic Services.

B. Increase to Maximum Rates – The additional services identified in this section will increase costs to provide solid waste collection service. For the residential standard 3 cart system which now includes the organics as part of the green-waste container there will be an increase of $3.18 per month (12.5%) for SB 1383 implementation. In addition, there is the annual CPI increase of $1.05 (4.11%) calculated prior to the Residential SB 1383 Program Percentage increase. The CPI increase reflects a 3.83% increase to the Service Component and a 6.23% increase to the Disposal Component of Maximum Rates (the difference being the result of the existence of a slightly different CPI formula in the County’s Waste Disposal Agreement than in the City’s Agreement.) The combined CPI increase, and increase based on SB 1383 equates to a total increase of $4.23 per month to maximum rates for the current standard 3 cart system from $25.53 a month to $29.76 a month.

Additional related services and containers will increase accordingly and can be referenced in Exhibit A of the Third Amendment to the Agreement, which identifies the maximum rates Republic may charge. (Attachment B). The commercial mandatory solid waste program percentage increase to maximum rates of 5.81% to trash rates and commercial recycling program percentage increase to maximum rates of 4.53% to currently implemented 3 cubic yards recycling bins and are also noted in the Amendment, which identifies the maximum rates Republic may charge (Attachment B).

D. Recycling and Organics/Green-waste carts – per SB 1383, collection containers are required to be consistent with state-mandated color and labeling requirements (black or gray for trash, blue for recycling, green for organic waste) by 2036. Yorba Linda’s containers do not currently align with the new standard as it relates to the recycling and organics/green-waste carts. Once the hauler, Republic Services has used all of their current inventory of carts and when new services and/or replacement carts are needed they will distribute the new correctly colored carts.

Until such time Republic Services will provide each customer with a label that the customer can place on their current carts to help identify that the green cart will continue to be used for regular recycling (with a blue label) and the Brown cart will be used for organics and green-waste disposal (with a green label).

E. Contamination and Compliance Monitoring Program – SB 1383 requires that jurisdictions monitor contamination in residential carts through one of two methods. Staff and Republic Services have mutually agreed that the most efficient method in Yorba Linda is to inspect solid waste carts on a regular basis to screen for contamination (i.e., placing waste

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materials in the wrong cart). This task will be designated to Republic Services in the Franchise Agreement; Republic Services will allocate 51% of a Recycling Coordinator’s time and 13% of a route auditor/contamination monitor’s (of full-time equivalents) time to inspect the contents of residential carts.

Republic Services will be authorized to assess a Contamination Fee of $10 per-occurrence to offset the additional cost to process organic waste and recyclables with contamination. The proposal provides for a 12-month grace period for all of 2022 during which no contamination fees will be assessed to residents. Starting in July 2023, a residential customer may be charged a Contamination Fee when they receive a fourth violation and every time thereafter throughout the term of their account.

Repeated instances of contamination may result in the City initiating formal City Code Enforcement action with a Notice of Violation and assessment of additional penalties pursuant to the City’s recently enacted Ordinance (Attachment A.).

F. Procurement – The City is obligated to purchase recycled content paper and procure a certain quantity (based on population) of recovered organic waste products such as compost, mulch electricity generated from biomass conversion and renewable natural gas at levels prescribed by the State annually. Republic will assist the City in meeting a portion of its state-mandated procurement requirements by acting as a direct service provider through giveaways of compost for residential use. Additional procurement methods will be addressed in a separate agreement pending further determination of formal process and allowances.

G. Edible Food Recovery Program Support – Republic will lead the Tier 1 and Tier 2 business compliance outreach and facilitate partnerships with a third-party food recovery organization, such as Abound Services and food generators for the purposes of meeting the City’s edible food recovery program requirements. This will include record keeping.

H. Public Outreach and Education – SB 1383 mandates public outreach for organic waste recycling that includes information on how to recycle organics as well as the environmental impacts of organic waste. The proposed amendment includes:
i) 51% of a Recycling Coordinator’s time
ii) Implementation Plan and Annual Outreach Plan.
iii) Additional annual outreach pieces
iv) Suggestion of informational booths at public events. v) Materials required to be printed in at least two languages (three for service-related information).

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The City needs to comply with SB 1383 requirements with the execution of the Third Amendment and implementation of July 1, 2022, (except for Tier 2 commercial edible food generators which must comply beginning January 1, 2024), with the significant exception that City enforcement actions do not need to commence until January 1, 2024.

Staff has included a few questions below that Council and the public may have related to the new SB 1383 requirements:
 Does the ordinance require that all residents and businesses have organic waste management services?
o Yes. All residents and businesses must have recycling and organic waste management services. Although the law does allow the entity to apply for a de minimis waiver if the businesses and multi-family dwellings with five or more do not generate that much organic material and they may also apply for physical space waivers if they cannot make adequate space for organic waste containers.
 Can residents compost at home or take their food waste to a composting site? o Yes. Residents may compost their food waste at home or donate their food waste to a composting site. However, these residents will still receive and pay for organic cart service if they are in a single-family home (including multifamily complexes with four or fewer units) as part of the bundled, standard 3- cart service provided to all residents.
o Residents that choose to compost their food waste should still use their organic waste bin to dispose of yard waste and food soiled paper that may not be acceptable in non-industrial composting operations. Although not required the City recommends that residents that use gardeners to manage their yard waste ask their gardeners to use the organic carts first and haul any additional material away. This will help reduce their costs and trips to green waste management facilities and helps ensure that all yard waste is handled properly.
 Does SB 1383 and the Ordinance impose new requirements on multi-family complexes?
o Yes. Under the previous commercial organics laws, multi-family complexes of five units or more were only required to properly manage their green waste – either by contracting with the franchised waste hauler to collect the material or by contracting with a gardener to properly transport the material as allowed under the law. Under the Ordinance, multi-family complexes of five units or more are now required to also provide containers for the collection of food waste from residents. When the organic waste containers are made available, residents can place both green waste and food waste in the brown containers.

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o Multi-family complexes with four units or less along with single-family dwellings will be auto-enrolled to organics collection services.
 What is the definition of Tier 1 and Tier 2 food generators as it relates to the Food Recovery Program requirement?
o Tier 1 food generators are typically businesses that have more produce, fresh grocery, and shelf-stable foods to donate. These include whole food vendors, food service providers, food distributors, and grocery stores larger than 10,000 sq. ft. These entities should already be complying as of January 1, 2022, if not they will need to reach out the Republic Services Recycling Coordinator for compliance assistance.
o Tier 2 businesses typically have more prepared foods to donate, which often require more careful handing to meet food safety requirements. They can be restaurant facilities (larger than 5,000 sq. feet or 250 + seats), health facilities with on-site food, hotels with 200 + rooms, and large stadium venues and events. These businesses have until January 1, 2024, to comply.

For a thorough understanding of the State mandate and for which our Ordinance No. 2021- 1087 amending Chapter 8.20 of the Yorba Linda Municipal Code was created to address the State organics recycling mandate SB 1383 the reader can refer to the CalRecycle webpage at https://calrecycle.ca.gov/Laws/Regulations/Title14/.

FISCAL IMPACT
There is potential to incur some start-up costs associated with the implementation of SB 1383 as it relates to outreach, monitoring, and consultant services. Many of these initial costs may be covered by the SB 1383 Local Assistance Grant awarded by CalRecycle to the City of Yorba Linda in the amount of $96,645.

As to services rendered by the hauler, there is no fiscal impact to the City associated with the recommended action. The cost for providing solid waste handling services (including organic waste) to the City's residents and businesses are covered by the customer rates established by the City's hauler and paid directly to the hauler by those receiving the services.

ALTERNATIVES
Do not approve the Resolution or Third Amendment to the Agreement and provide direction to staff on alternatives for implementing SB 1383. However, by doing so will add significant delay in the implementation of the State mandate and put the City at risk for non-compliance requiring a corrective action plan, along with penalties and fines by CalRecylcle and their enforcement division.

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ATTACHMENTS
A - December 7, 2021, City Council Staff Report and adopted Ordinance No. 2021-1087 B - Third Amendment to the Agreement for Solid Waste Handling Services C - Resolution No. 2022-5803

PUBLIC WORKS DEPARTMENT
DATE: NOVEMBER 16, 2021
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER SUBJECT: INTRODUCE (1ST READING) ORDINANCE NO. 2021-1087 AMENDING CHAPTER 8.20 OF THE YORBA LINDA MUNICIPAL CODE PERTAINING

TO THE REGULATION OF SOLID WASTE INCLUDING ORGANIC WASTE

RECOMMENDATION
It is recommended that the City Council:
1) Introduce Ordinance No. 2021-1087 Amending Chapter 8.20 of the Yorba Linda Municipal Code to address state organics recycling mandates; and 2) Direct Staff to schedule a second reading and adoption of the proposed Ordinance amending Chapter 8.20 for the December 7, 2021, regular City Council meeting.

BACKGROUND
On September 19, 2016, Governor Brown signed into law Senate Bill (SB) 1383 establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of the California economy. The goal of SB 1383 is to reduce organic waste disposal by 75% and increase edible food recovery by 20%, by 2025. SB 1383 is the most significant waste reduction mandate to be adopted in the State of California in the last 30 years and requires all jurisdictions to implement a mandatory organic recycling ordinance by January 1, 2022. This legislation requires all businesses, residents, and multi family apartments to have access to recycling programs that capture food scraps, landscaping waste, and other organic waste materials.

Since landfills are the third largest producer of methane, the State’s SB 1383 mandate and strategy includes managing organic waste such as food scraps, green waste, paper and cardboard for a significant portion of California’s overall waste stream which includes both the commercial and residential sectors.

As a result of SB 1383, the California Department of Resources Recycling and Recovery (CalRecycle), which is the state department tasked with administering California's waste and recycling programs, developed prescriptive regulations to achieve the State's outlined

ATTACHMENT A
December 7, 2022 - Second Reading occurred and approval by City Council.

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organic waste disposal goals by 2025. In November 2020, Cal Recycle released the final regulations for SB 1383.

This item is before the City Council to consider introducing Ordinance No. 2021-1087 (Attachment A) amending Chapter 8.20 of the Yorba Linda Municipal Code to comply with the state mandated organic waste disposal requirements.

DISCUSSION
To meet the SB 1383 regulations, jurisdictions throughout the State are required to adopt an ordinance or other similarly enforceable mechanism by January 1, 2022. The ordinance will mandate that organic waste generators, haulers, and other entities subject to the requirement of SB 1383 must comply with SB 1383 regulatory requirements. In summary, SB 1383 mandates cities to:
• Provide organic waste collection services to all residents and businesses • Develop and adopt an enforceable mechanism or ordinance by January 1, 2022 • Establish an edible food recovery program
• Update the City’s procurement policy to purchase recycled content paper and recycled organic waste products (ex: compost, mulch, renewable natural gas) at a volume of 0.08 tons/resident
• Provide outreach and education for generators, facilities, edible food recovery organizations and municipal departments
• Plan and secure access for recycling and edible food recovery capacity • Monitor compliance and conduct enforcement
• Maintain accurate compliance records
Other portions of the existing ordinance have also been modified, updated, and aligned with current law and the City’s current franchise agreements. The City is currently undergoing negotiations with its hauler, Republic Services to align to the requirements of SB 1383 and other related legislation.

The proposed Ordinance (incorporating SB 1383 Organics Recycling) amends in its entirety Title 8, Chapter 8.20 of the Yorba Linda Municipal Code pertaining to solid waste regulations and is recommended for approval. In addition to updating the Municipal Code to address the requirements of SB 1383, the proposed Ordinance also updates provisions of Chapter

8.20 to make them consistent with the City’s franchise agreement with Republic Services and current statutory and case law.

FISCAL IMPACT
There is no direct fiscal impact as a result of this item.

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ALTERNATIVES
Do not introduce first reading of the ordinance and provide direction to staff. Doing so, will delay the second reading and thus risking non-compliance with meeting the State mandate deadline of January 1, 2022.

ATTACHMENTS

1. Attachment A – Proposed Ordinance No. 2021-1087 Amending Municipal Code Chapter 8.20

2. Attachment B – Exhibit A

ORDINANCE NO. 2021-1087

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA AMENDING CHAPTER 8.20 OF THE YORBA

LINDA MUNICIPAL CODE PERTAINING TO THE REGULATION

OF SOLID WASTE INCLUDING ORGANIC WASTE
WHEREAS, SB 1383 and the related regulations contained in 14 California Code of Regulations (CCR), Div. 7, Ch. 12 require all California cities to provide a program for the diversion of organic waste from landfills, and
WHEREAS, SB 1383 and the related regulations contained in 14 CCR, Div. 7, Ch. 12 further require all California cities to adopt an ordinance to enforce violations of its program for the diversion of organic waste from landfills; and
WHEREAS, The City Council desires to amend the City of Yorba Linda Municipal Code so as to be in compliance with the requirements of SB 1383 and 14 CCR, Div. 7, Ch. 12, and WHEREAS, City staff have analyzed and determined that the amendments to Chapter 8.20 of the Municipal Code is not considered a “project” pursuant to CEQA.

NOW, THEREFORE, the City Council of the City of Yorba Linda Ordains as follows:

SECTION 1. The foregoing Recitals are incorporated herein and made a part hereof.

SECTION 2. The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15060(c)(2) and 15061(b)(3) in that the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment nor will they have the potential of creating a significant effect on the environment.

SECTION 3. Chapter 8.20 of the Yorba Linda Municipal Code is hereby amended to read in its entirety as set forth in the attached Exhibit A.

SECTION 4. City staff is hereby authorized and directed to file a Notice of Exemption with respect to the adoption of this Ordinance.

SECTION 5: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have adopted this Ordinance and each section, subdivision, sentence, clause, phrase, or portion of this Ordinance irrespective of the fact that one or more sections, subdivisions, sentences, clauses, phrases, or portions of this Ordinance be declared invalid.

SECTION 6: The City Clerk is authorized and directed to publish this Ordinance or a summary thereof in the manner provided by law and in accordance with procedures normally taken.

SECTION 7: The City Clerk shall certify to the passage of this Ordinance and cause the same to be published as required by law, and the Ordinance shall take effect thirty (30) days after adoption.

ATTACHMENT A

SECTION 8: Upon the effective date of this Ordinance, all former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby repealed and declared to be of no further force and effect.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this ___ day of _____________, 2021.
_______________________________

PEGGY HUANG, MAYOR

CITY OF YORBA LINDA
ATTEST:
_______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
_______________________________

CITY ATTORNEY

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.

CITY OF LA PALMA )
I, _____________________, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the ____ day of ____________, 2021 and was carried by the following roll call vote:

AYES:

NOES:

ABSENT:
__________________________________,

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Chapter 8.20 of the Yorba Linda Municipal Code – Proposed (Redlines)

8.20.010 Definitions.

The words and phrases contained in this chapter shall have the meaning commonly associated with them unless special meaning is ascribed to them by the California Public Resources Code or the California Code of Regulations (as either may be amended from time to time) in which case such meaning shall apply; except that the following words shall, for the purpose of this chapter, be defined as follows:

A. “AB 341” shall mean Assembly Bill 341 from the 2011-2012 Regular Session of the California Legislature (Chapter 476, stats. 2011).

B. “AB 939” shall mean that state legislation commonly known as the California Integrated Waste Management Act (Chapter 1095, stats. 1989, as amended) as codified in Public Resources Code Section 49000, et seq.

C. “Administrative Authority” shall mean the City Manager of the City or his or her dulyauthorized representative or designee.

CD. “Bins” shall mean a Container, commonly referred to as dumpsters, including compactors and any similar such devices, with a capacity of under ten (10) cubic yards.

DE. “Cart” shall mean a plastic Container provided by a Franchisee for Collection, with a hinged lid and wheels serviced by an automated process, as opposed to a manual process of lifting and dumping.

EF. “City” shall mean the City of Yorba Linda.

F. “City Manager” shall mean the City Manager of the City or his or her duly-authorized representative or designee
G. “Collect” or “Collection” or “Collecting” shall mean to take physical possession of, transport, and remove Solid Waste from a Premises.

H. “Commercial Premises” shall mean Premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding Residential Premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property. Notwithstanding any provision to the contrary herein, for purposes of this chapter, Premises upon which hotels and motels are operated and upon which Multi-Family Dwellings exist shall be deemed to be Commercial Premises.

I. “ Container” shall mean any and all types of Solid Waste receptacles, including Carts, Bins, and Rolloff Boxes.

J. “Dwelling Unit” shall mean one or more rooms designed for occupancy by one family for living and sleeping purposes and containing kitchen facilities or an area designed for the preparation of food for use solely by one family.

K. “Franchisee” shall mean a person, persons, firm or corporation that has been issued a franchise by City to provide Solid Waste handling services related to Solid Waste generated within the City.

L. “Hazardous Contaminant” shall mean any “hazardous material,” as that term is defined under California Health and Safety Code Section 25501(n); any “hazardous substance,” as that term is defined in this chapter or under California Health and Safety Code Sections 25281(h), 25501(n), and

EXHIBIT A

ATTACHMENT B

under Title 42, Section 9601(14) of the United States Code; any “hazardous waste,” as that term is defined in this chapter and under Title 42, Section 6903(5) of the United States Code and under California Health and Safety Code Section 25501(n); any chemical which the Governor has identified as a chemical known to the State to cause cancer or reproductive toxicity pursuant to California Health and Safety Code Section 25249.8; any crude oil or refined or unrefined petroleum product or any fraction or derivative thereof; and any asbestos or asbestos-containing material. The term “Hazardous Contaminant” shall also include any and all amendments to the above-referenced statutory and regulatory provisions.

M. “Hazardous Substance” shall mean any of the following: (a) any substances defined, regulated or listed (directly or by reference) as “Hazardous Substances,” “hazardous materials,” “Hazardous Wastes,” “toxic waste,” or “toxic substances” or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC § 9601 et seq.(CERCLA); (ii) the Hazardous Materials Transportation Act, 49 USC § 5101, et seq.; (iii) the Resource Conservation and Recovery Act, 42 USC § 6901 et seq.; (iv) California Health and Safety Code §§ 25115-25117, 25249.8, 25281, and 25316; and (vii) the California Water Code § 13050; (b) any substances identified in any and all amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified and/or regulated as hazardous or toxic under any other applicable current or future Federal, state or local laws or regulations, including, without limitation, friable asbestos, polychlorinated biphenyls (“PCBs”), petroleum, natural gas and synthetic fuel products, and by-products.

N. “Hazardous Waste” shall mean all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code Sections 25110.02, 25115 and 25117, or in the future amendments to or re-codifications of such statutes, or identified and listed as hazardous waste by the US Environmental Protection Agency (EPA) pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. § 6901, et seq.), all future amendments thereto, and all rules and regulations promulgated thereunder. For purposes of this chapter the term Hazardous Waste shall include Hazardous Substances and Hazardous Contaminants.

O. “Multi-Family Dwelling” shall mean any building or lot containing more than one Dwelling Unit at which a Franchisee determines (and City agrees) the Dwelling Units must receive Solid Waste Collection services through the use of shared Bins, since they are not reasonably able to store Carts or otherwise receive individualized Solid Waste Collection service through the use of Carts.

Unless otherwise determined as set forth above, any Premises upon which four (4) or more Dwelling Units exists shall be deemed to be a Multi-Family Dwelling. Any ambiguity as to whether a Premises qualifies as a Single-Family Dwelling or Multi-Family Dwelling for purposes of receiving Solid Waste Collection in Carts or Bins shall be resolved by the City Manager whose decision shall be final.

P. “Organic waste” shall have the same meaning as set forth in 14 CCR, Div. 7, Ch. 12, Section 18982(a)(46).

QP. “Person” shall mean any individual, firm, corporation, association, group or other entity.

QR. “Premises” shall mean any land, building and/or structure within the City limits where Solid Waste is generated or accumulated.

RS. “Recycle” or “Recycling” shall mean the process of Collecting, sorting, cleaning, treating and reconstituting materials that would otherwise become Solid Waste and returning these materials to the economic mainstream in the form of raw materials for new, reused or reconstituted products which meet the quality standards used in the marketplace.

ST. “Recyclable Material” shall mean that Solid Waste capable of being recycled, including but not limited to glass, newsprint, newspaper, aluminum, cardboard, certain plastics or metal.

TU. “Residential Premises” shall mean all Premises upon which Dwelling Units exist.

Notwithstanding any provision to the contrary herein, for purposes of this chapter, Premises upon which hotels and motels are operated or upon which Multi-Family Dwellings exist shall be deemed to be Commercial Premises.

UV. “Rolloff Box” shall mean Containers of ten (10) cubic yards or larger, including compactors.

VW. “Salvage” or “Salvaging” shall mean the obtainment by a Salvager directly from the generator, either by sale or donation, any Recyclable Material prior to the placement of the same in a Container for Collection by the Franchisee.

WX. “Salvager” shall mean any Person engaged in Salvage operations, including the Person generating the Recyclable Material, who has been issued a permit from the City to Salvage pursuant to this chapter. A Salvager shall not receive any form of compensation from the generator for the collection, processing or disposal of said Recyclable Material, other than the Recyclable Material.

XY. “Self-Hauler” shall mean any Person or entity that, pursuant to Section 8.20.090 of this chapter, provides for the Collection, transportation and disposal of Solid Waste generated by his/her/its own Premises.

YZ. “Single Family Dwelling” shall mean a building or lot containing one Dwelling Unit, and includes buildings and lots with more than one Dwelling Unit where such Dwelling Units are determined by the City to be reasonably able to receive individualized Solid Waste Collection service by an automated process utilizing Carts. While for ease of interpretation the definitions of Single Family Dwelling and Multi-Family Dwelling, when read together, have been drafted to include a general default so as to allow for Bins rather than Carts at Premises having four (4) or more Dwelling Units, it is intended that Carts will be used for Solid Waste Collection service, rather than Bins, wherever reasonable to do so. Any ambiguity as to whether a Premises qualifies as a Single Family Dwelling or Multi-Family Dwelling shall be resolved by the City Manager.

ZAA. “Solid Waste” shall mean and include all Solid Waste as defined in Public Resources Code Section 40191, as it may be amended from time to time. Solid Waste does not include Hazardous Waste Contaminants, low-level radioactive waste, untreated medical waste, or Special Wastes as defined herein.

AABB. “Special Wastes” shall mean wastes other than Solid Waste, including sewage, sludge, industrial sludge, asbestos, auto bodies, tires, used motor oil, Hazardous Waste, animal body parts, explosive substances, radioactive materials, acids, solvents and other materials which may not be disposed of at a Class III landfill or which requires special handling.

BBCC. “Yard Waste” shall mean all leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions.

8.20.020 Authority to grant franchises.

A. The City Council may by resolution or ordinance grant one or more franchises for Solid Waste handling services related to Solid Waste generated within the City.

B. Any solid waste enterprise granted a franchise for solid waste handling services shall operate in a manner that complies with all State laws and regulations. This obligation shall expressly, without limitation, require franchisees to provide all programs required by any State law or regulation to its customers, including, as applicable, programs that comply with recycling requirements and requirements related to the diversion of organic waste from landfills; and, further shall require franchisees to operate such programs in a manner consistent with such law or regulation.

8.20.030 Subscription to collection service or self-hauling.

A. Arrangements for Removal of Solid Waste Mandatory. Except as otherwise provided in this chapter, the owner, property manager, tenant and/or Person in charge or control of each Residential Premises and each Commercial Premises in the City shall either (i) subscribe to Solid Waste Collection services with a Franchisee for said Premises; or (ii) register as a Self-Hauler and obtain a self-hauler permit as set forth in this chapter in connection with said Premises.

B. Exception; Vacant Premises. The provisions of Section 8.20.030(a) above requirement to arrange for Solid Waste Collection services shall not apply in connection with any Residential Premises at which all Dwelling Units are vacant, or Commercial Premises that are vacant, for a period of ninety (90) days or more, provided this exception shall only apply during the period of vacancy. Any Person seeking to avail himself/herself of the exception provided herein shall bear the burden of providing reasonable evidence to City, pursuant to such regulations or guidelines as the City Manager is hereby authorized to develop, demonstrating vacancy of the Premises for the period in question.

8.20.040 Public nuisanceReserved.

A. It is unlawful, and a public nuisance, for any Person to occupy or inhabit any Premises within the City for which arrangements have not been made and kept in full force and effect for Solid Waste Collection services in a manner consistent with the provisions hereof.

B. The keeping of Solid Waste in Containers other than those prescribed by this chapter, or the keeping upon Premises of Solid Waste which is offensive, obnoxious or unsanitary, is unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances.

8.20.050 Containers.

A. Every owner, occupant or Person in possession, charge or control of any Premises within the City shall deposit or cause to be deposited all Solid Waste generated or accumulated on such Premises, and intended for Collection and disposal, in sealed, watertight Bins, Carts, Rolloff Boxes or other Containers that are either: (i) provided by, or acceptable to, a Franchisee; or (ii) approved by the City Manager for self-hauling purposes pursuant to this chapter. No owner, occupant or Person in possession, charge or control of any Premises shall utilize a Bin, Cart, Rolloff Box or other Container not in conformance with the requirements hereof for the Collection, accumulation or storage of Solid Waste.

A.

B. Containers provided by a franchisee shall comply with all applicable State laws and regulations.

BC. No Bin, Cart, Rolloff Box or other Container shall be placed adjacent to or in a street or public right-of-way for Collection service prior to 4:00 p.m. on the evening preceding the normal Collection time, and all Containers so placed shall be removed from the street or right-of-way by 8:00 p.m. on the day of Collection.

CD. Container lids shall remain closed at all times that the Container is unattended. If the Solid Waste contained within a Bin, Cart, Rolloff Box or other Container exceeds the actual capacity of the Container, then a larger Container or multiple Containers shall be utilized.

DE. It is unlawful for any Person to share, place Solid Waste in, or to otherwise use the Bin, Cart, Rolloff Box or other Container of another Person or business. Notwithstanding anything contained herein to the contrary, the sharing of Containers shall be permitted under the following conditions:

1. The owner, property manager or Person in charge or control of a Premises upon which a Multi-Family Dwelling exists may arrange for Containers for shared use by the occupants, tenants or Persons in possession of the Dwelling Units on such Premises.

2. The occupants of a single commercial building or contiguous and adjacent commercial buildings may share a Container for Solid Waste Collection services at a common location, subject to approval of the City Manager, which approval may be delegated to a Franchisee.

Approval by the City Manager shall be based upon: (i) the type of Solid Waste generated by each Commercial Premises; and (ii) the number of Containers and frequency of Solid Waste Collection needed to protect the public health, welfare and safety.

EF. It is unlawful to use any Bin, Cart, Rolloff Box or other Container furnished by a Franchisee for any purpose other than the Collection, accumulation and storage of Solid Waste; or to convert or alter such Containers for other uses; or to intentionally damage such Containers.

F. All containers used for the collection of solid waste at single-family dwellings shall be stored out of public view in a side or rear yard or an enclosed area such as a garage except on the day designated for collection. If the physical design of the dwelling does not allow for obscuring containers from public view because of the type of fencing or lack thereof, or lack of an appropriate enclosed area, containers shall be stored in an area adjacent to the dwelling at the point farthest from the closest street or roadwayAll Containers used for the Collection of Solid Waste at Single Family Dwellings shall be stored out of public view in a side or rear yard or an enclosed garage except on Collection day. If the physical design of the Premises does not allow for obscuring Containers from public view, Containers shall be stored in an area at the point furthest from the closest street or roadway.

8.20.060 Frequency of collection.

A. Residential Premises. With the exception of vacant Premises meeting the provisions of Section 8.20.030(B) above, not less than once per week, every owner, occupant or Person in possession, charge or control of any Residential Premises within the City shall remove by selfhauling (as provided herein) or cause to be removed by subscription to services provided by a Franchisee all Solid Waste stored, generated, Collected or accumulated on such Premises.

B. The owner, occupant or person in possession, charge or control of any premises within the City shall be responsible to ensure all solid waste generated on such premises is

removed as frequency as may be necessary to prevent the accumulation of solid waste on such premises from becoming or causing any public nuisance. Commercial Premises. With the exception of vacant Premises meeting the provisions of Section 8.20.030(B) above, not less than once per week, every owner, occupant or Person in possession, charge or control of any Commercial Premises within the City shall remove by self-hauling (as provided herein), or cause to be removed by subscription to services provided by a Franchisee, all Solid Waste stored, generated, Collected or accumulated on such Premises.

C. Modifications to Collection Frequency. The City Manager may provide written notice to the owner of any Premises that the above minimum collection frequency removal requirements set forth in Section 8.2.60(A) are not sufficient to avoid the creation of a public nuisance due to unique circumstances at such Premises; and, further, . The City Manager may direct that Solid Waste shall be removed by the owner of any Premises so notified on a more frequent schedule and/or that additional or larger Containers shall be utilized.

8.20.070 Unlawful and prohibited acts.

A. It is unlawful, and a public nuisance, for any Person to occupy or inhabit any Premises within the City for which arrangements have not been made and kept in full force and effect for Solid Waste Collection services in a manner consistent with the provisions hereof.

B. The keeping of Solid Waste in Containers other than those prescribed by this chapter, or the keeping upon Premises of Solid Waste which creates odors, attracts vectors, or is otherwise a danger to public health is unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances
C. It is unlawful, and a public nuisance, for any person or entity that subscribes for solid waste handling services with a franchisee to fail to participate in the recycling and organic waste programs offered by the franchisee.

D. It is unlawful, and a public nuisance, for any person or entity that subscribes for solid waste handling services with a franchisee to fail to comply with the terms of any recycling and organic waste programs offered by the franchisee, including by placing solid waste in containers of a type or nature not designed for the type of waste in question.

E. It is unlawful, and a public nuisance, for any person who obtains a permit to operate as a selfhauler with City to fail to comply with all requirements of such permit, including those related to the handling of organic waste.

F. It is unlawful, and a public nuisance, for any person or entity to fail to comply with his or its obligations related to the collection and handling of organic waste as set forth in 14 CCR, Div. 7, Ch. 12; provided, however, the City Manager or his designee is authorized to provide waivers to the requirement to participate in some or all of such obligations where authorized by law.

G. It is unlawful, and a public nuisance, for any Commercial Edible Food Generator, or any Food Recovery Organization or Service, to fail to meet its obligations as set forth in 14 CCR, Div. 7, Ch.

12. H. It is be unlawful for any Person other than a Franchisee (or its agents and employees) to Collect any discarded Solid Waste including Recyclable Material, within the City. This prohibition shall not, however, apply to:

1. A Person that obtains a self-hauler permit in accordance with this chapter;

2. The owner, tenant or occupant of Residential or Commercial Premises who has subscribed for and is receiving Solid Waste Collections services from a Franchisee, when such owner, tenant or occupant is Collecting materials generated at his/her own Premises for delivery to a lawful disposal or Recycling facility. This exemption does not permit the hiring of any Person or entity, other than a Franchisee, to Collect Solid Waste from one’s own Premises;

3. The Collection, transportation and disposal of construction and demolition debris by a contractor, handyman, repairman or other similar service provider as an incidental part of the services provided to its customers rather than as a hauling service, provided that such Solid Waste is not Collected by a third party hired for the primary purpose of Collecting said materials, and further provided that such services comply with any ordinances, policies and regulations of City relating to the Collection of such materials;

4. The Collection of Yard Waste, green waste and related Solid Waste by a gardener or landscaper as an incidental part of the gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such Solid Waste is not Collected by a third party hired for the primary purpose of Collecting said materials;

5. Any Person or entity Collecting Recyclable Material sold or donated to it by the Person or entity that generated such Recyclable Material (the “generator”); provided, however, to the extent permitted by law, if the generator is required to pay monetary or non-monetary consideration for the Collection, transportation, transfer or processing of Recyclable Material, the fact that the generator receives a reduction or discount in price therefor (or in other terms of the consideration the generator is required to pay) shall not be considered a sale or donation; and

6. The Collection, transportation or disposal of Solid Waste by City employees in the course and scope of their employment with the City.

BI. It is unlawful for any Person, other than the owner, occupant or Person in possession, charge or control of any Residential or Commercial Premises, or a Person authorized by law (such as a Franchisee), to remove any Bin, Cart, Rolloff Box or other Container from any such Premises or from any location where it was lawfully placed for Collection, without the prior written approval of the owner, occupant or Person in possession, charge or control of such Premises.

JC. No Person shall place Solid Waste adjacent to a street or public right-of-way for Collection by a Franchisee without having first subscribed for Solid Waste Collection services with such Franchisee.

KD. No Person shall burn any Solid Waste within the City, except in an approved incinerator or other device for which a permit has been issued by the building official and fire marshal, and which complies with all applicable local, state and/or Federal permit requirements, laws, rules and regulations.

LE. It is unlawful for any Person, other than a Franchisee, to take, remove or appropriate for his/her own use any Solid Waste, including Recyclable Materials, which has been placed in any street or alley for Collection or removal by a Franchisee, regardless of whether the Solid Waste is placed in a Bin, Cart, Rolloff Box or other Container.

MF. It is unlawful for any Person to throw, place, scatter, or deposit Solid Waste on the property of another Person or upon any public property, street, driveway, highway or alley in the City, except as otherwise permitted in this chapter.

NG. It is unlawful for any Person to throw, place, scatter, or deposit Solid Waste on any premises in the City in such a manner that the same is, or may become a nuisance or endanger the public health.

OH. .It is unlawful for any Person utilizing a vehicle primarily for Collection services pursuant to this chapter to park the vehicle on any City street or alley between the hours of 8:00 p.m. and 5:00 p.m. In addition, said vehicle shall not be parked on any City street or alley for more than one (1) hour between the hours of 5:00 a.m. and 8:00 p.m., except upon notification to the City Manager that the one (1) hour time period has been exceeded due to an emergency or vehicle mechanical issue.

8.20.080 Use of containers for solid waste generated during construction and demolition.

Any Person who generates Solid Waste in connection with the construction of a new building, a building addition, remodel, or the demolition of any structure for which a building permit is required, shall either make arrangements for Solid Waste Collection service with the use of Containers from a Franchisee, be registered to Self-Haul such Solid Waste in the manner set forth herein, or make arrangements pursuant to Section 8.20.070(HA)(3). In addition to constituting a violation of this chapter, the failure to produce evidence of compliance with this section upon the request of a City building inspector, code enforcement officer or other City officer shall result in the red-tagging of the project by the City and a requirement that all work cease until compliance with this section.

8.20.090 Self-haulers.

A. Self-Haulers. Self-Haulers holding a self-hauler permit and operating in accordance with this chapter are only permitted to Collect, transport and dispose of Solid Waste generated by and upon the Self Hauler’s own Premises. Under no circumstances may a Self-Hauler Collect, transport or dispose of Solid Waste generated upon Premises that are not owned, operated or controlled by the Self Hauler. Notwithstanding any other provision of this chapter, Self-Haulers shall not be permitted to share, place Solid Waste in, or to otherwise use the Bin, Cart, Rolloff Box, or other Container of another Person or business.

B. Permit. All Self Haulers shall subscribe to the following requirements:

1. Each Self Hauler shall obtain a permit from the City Manager. Self-Haulers must renew their permit at the commencement of each fiscal year. Initial applications for a permit following the adoption of these regulations, for the 2014-2015 fiscal year, must be submitted to the City Manager on or before July 1, 2015.

2. The application for a self-hauler permit, whether upon initial application or renewal, shall include the following: (i) a list of all Bins, Carts, Rolloff Boxes and other Containers to be used by the Self-Hauler; (ii) a list of all transportation and disposal equipment to be used by the Self-Hauler; (iii) a written explanation of where all Solid Waste will be delivered for disposal, processing and/or diversion; (iv) a written plan explaining to the reasonable satisfaction of the City Manager how not less than fifty percent (50%) of Solid Waste Collected will be diverted from disposal in compliance with AB 939 or other higher diversion requirements as may be imposed by applicable laws; (v) a written plan explaining to the reasonable satisfaction of the City Manager how compliance with the requirement to divert organic waste in accordance with applicable laws, including 14 CCR, Div. 7, Chapter 12,

Section 18988.3 will be achieved, and (vi) any other information deemed necessary by the City Manager to ensure protection of public health, safety and sanitary needs.

3. Applications to renew a self-hauler permit shall additionally include: (i) receipts from selfhauling activities undertaken in the prior year demonstrating that the applicant has effectively diverted at least fifty percent (50%) of all Solid Waste Collected from its Premises from landfills in a manner that complies with the requirements of AB 939 and any other higher requirements as may be imposed by applicable laws; (ii) records reasonably satisfactory to the City manager demonstrating the manner in which organic waste was diverted from landfills in accordance with applicable laws, including 14 CCR, Div. 7, Chapter 12, Section 18988.3, and (iii) receipts from self-hauling activities undertaken in the prior year demonstrating that the applicant has delivered Solid Waste Collected from its Premises to appropriate disposal, processing or Recycling facilities at least as frequently as Collection is required for such Self Hauler by the City Manager.

4. The City Manager shall approve the application for a self-hauler permit if: (1) it meets the requirements of this section, (2) if the equipment, Containers, diversion plan and disposal plan are to his or her reasonable satisfaction, and (3) if evidence of past diversion and disposal requirements demonstrate the applicant has complied with the fifty-percent (50%) diversion requirement, or such other diversion requirements as may be imposed by applicable laws, and otherwise complied with all laws related to collection, transportation, and disposal of Solid Waste, including the diversion of Organic Waste.

C. Self-Hauler Containers. Each Self-Hauler shall provide its own Bins, Carts, Rolloff Boxes or other Containers. Bins, Carts, Rolloff Boxes or other Containers utilized by a Self-Hauler must conform to industry standards for Solid Waste disposal and must be approved by the City Manager in writing prior to issuance of a self-hauler permit. In addition, any Containers utilized by a SelfHauler shall comply with the following requirements:

1. All Containers shall be maintained in good repair, and any question as to the meaning of this standard shall be resolved by the City Manager.

2. All Containers shall be maintained in a sealed, watertight condition;

3. Self-Haulers shall remove any graffiti that appears on Containers within twenty-four (24) hours after becoming aware of it.

D. Collection and Transport Equipment. Collection and transport equipment, including but not limited to transport trucks and vehicles, utilized by a Self-Hauler must be approved by the City Manager in writing prior to issuance of a self-hauler permit, and must be appropriate for their intended purpose.

E. Non-Commercial Venture. It is the intent of this chapter to prevent and proscribe self-hauling activities undertaken as a commercial enterprise. Self-Haulers must obtain all equipment, including Containers and Collection and transportation equipment, at a fair market value that does not include any hauling services, “free” or otherwise. Stated otherwise, a Self-Hauler may not pay a solid waste enterprise an amount that exceeds fair market value for equipment, and then claim to receive collection, transportation and disposal services at no cost from such solid waste enterprise. A SelfHauler may utilize its own employees to undertake self-hauling activities, but under no circumstance may a Self-Hauler utilize an independent contractor or any other Person or entity for Solid Waste Collection services other than a Franchisee.

F. Other Recycling Obligations. Self-Haulers shall Recycle all Recyclable Materials not otherwise addressed by this section to a degree and in a manner consistent with standards generally applicable to the Solid Waste industry and as required by state law.

G. Collection Frequency. Unless otherwise specifically provided in this chapter, Self-Haulers shall remove Solid Waste from their Premises at least once per week. However, upon application to the City for a self-hauler permit, the City Manager may determine a different frequency for Solid Waste Collection, transport and disposal from the Self-Hauler’s Premises, provided such modification complies with all applicable laws and regulations. This determination shall be based upon the nature of the Premises, the type of Solid Waste generated by the Premises, and the Collection capacity of the Self-Hauler as demonstrated by information in the application.

H. Hazardous and Special Wastes. No Self-Hauler shall engage in the Collection, transport or disposal of Hazardous Waste or Special Wastes, unless in a manner consistent with all Sstate, Federal and local laws.

I. Revocation. The City Manager may revoke a self-hauler permit if the permittee: (i) fails to divert at least fifty percent (50%), or other higher diversion requirements as may be imposed by applicable laws, of all Solid Waste Collected from its Premises from landfills in a manner that complies with the requirements of AB 939, AB 341, and other applicable laws; (ii) fails to divert organic waste from disposal in accordance with applicable laws including 14 CCR, Div. 7, Chapter 12, Section 18988.3; (iii) fails to deliver Solid Waste Collected from its Premises to appropriate disposal or Recycling facilities at least as frequently as Collection is required for such Self-Hauler by the City Manager, or (iiiiv) fails to comply with the terms of its permit or any section in this Code or other applicable law regarding the Collection, hauling, transportation, or disposal of Solid Waste. The City Manager shall notify any permittee in writing of the decision to revoke its permit, and the basis therefore, and the permittee may appeal any such decision within 15 days of the date of such notice being issued in the same manner applicable to administrative citations set forth in Section 1.13.090 of this Code.

8.20.110 Salvagers.

A. Grant of Permit. The City may issue permits to Salvagers for the Salvage of Recyclable Material. A Salvager shall not engage in Salvage operations or activities from any Residential or Commercial Premises without first obtaining a Salvager permit from the City. In addition to the Salvager permit granted by the City, Salvagers are also responsible for complying with any other applicable provisions of this chapter and any other regulation, ordinance, or law relating to Salvaging.

B. Permit Fees and Business License. In addition to any other fees and charges which may be imposed by the City, the City may charge Salvagers a fee for the issuance of the Salvager permit as established by resolution of the City Council. Salvagers shall also be subject to business license taxes in accordance with title 5 of this code, which may be amended from time to time.

8.20.120 Removal of Unauthorized Containers; Violations.

A. Unauthorized Containers. In addition to any other penalties and/or remedies as set forth in this chapter or provided for by law, any Container placed within the City for the Collection of Solid

Waste in violation of Section 8.20.070(H) (hereinafter “Unauthorized Container(s)”) may be impounded as set forth herein.

A1. The City Manager may cause a notice to be placed in a conspicuous place on any Unauthorized Container directing that it be removed. The notice shall specify the nature of the violation and shall state that the bin, drop-off box, trailer or waste receptacle must be removed within twenty-four hours or it may be removed and stored by the City, and the contents disposed of, at the expense of the owner thereof. The notice shall indicate the time that it was posted and shall include the name and phone number of a person designated by the City to hear any appeal or challenge to the requirement that the Container be removed; and, further, shall indicate that any appeal of the order for removal must occur within twenty-four hours of the posting of the notice. The posting of a notice to remove shall constitute constructive notice to the owner and user of the requirement to remove the Unauthorized Container, and a copy of the notice shall be provided to owner of the Unauthorized Container once said owners identity is ascertained by the City, and if not provided sooner, a copy of the notice shall be provided at such time as the owner of the Unauthorized Container seeks to retrieve any such Container removed hereunder.

2.B If within twenty-four hours after a notice to remove is posted on an Unauthorized Container a request for an appeal has not been received and the bin, drop-off box, trailer or waste receptacle is not removed, the City Manager may direct the removal and storage of the Unauthorized Container.

In addition, if the contents of the Container is either comprised of a substantial amount of putrescible Solid Waste, or determined by the City Manager to create a threat to health and safety if not disposed of immediately, the City Manager may direct that the contents of the Container be disposed of. The owner of the Unauthorized Container shall be responsible to reimburse the City for the actual cost of removal, storage and disposal. All amounts due to the City for the cost of removal, storage and disposal must be paid before the Unauthorized Container may be returned to the owner.

Such amounts shall constitute a debt owed by the owner to the City, and the owner shall be liable to the City in an action brought by the City for the recovery of such amounts.

3.C Between the date following the date upon which any Unauthorized Container is removed by the City, and the date which is five (5) business days following its retrieval from City, the owner of the Unauthorized Container may request a hearing to appeal the City’s determination that the Container is an Unauthorized Container subject to removal by City as set forth herein. The City Manager shall establish a procedure for such a hearing and the method for requesting such a hearing shall be included on the notice to remove. If the appeal is granted, any payments due to City shall be forgiven and any amounts paid reimbursed.

4.D If the identity of the owner of an Unauthorized Container that has been removed by the City is known to the City Manager, the City Manager shall promptly cause a copy of the notice to remove to be mailed to the owner along with a request that the owner to claim the stored property. If the Unauthorized Container is not claimed within ninety-five days after mailing of the notice to the owner, or ninety days after removal if the identity of the owner is unknown to the City Manager, the Unauthorized Container and its contents shall be deemed abandoned property and may be disposed

of accordingly. The notice to be posted on Unauthorized Containers shall specify that the forgoing procedure related to abandonment will apply.

B8.20.121. Violations; Penalty.

Any Person who violates any provision of this chapter shall be guilty of a separate offense for each and every day, or any portion thereof, of which any violation of any provision of this chapter is committed, continued, or permitted by such Person, and shall be punishable as misdemeanor or an infraction, at the discretion of the City Manager and/or City Attorney.

1.A Penalty for Misdemeanor Violation. Any Person convicted of a misdemeanor under any provision of this chapter shall be punishable by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the City or County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

2.B Penalty for Infraction Violation. Any Person convicted of an infraction under any provision of this chapter shall be punished by:
a.1 A fine not exceeding One Hundred Dollars ($100.00) for a first violation; b.2 A fine not exceeding Two Hundred Dollars ($200.00) for a second violation of the same provision within one (1) year; and
c.3 A fine not exceeding Five Hundred Dollars ($500.00) for a third and for any additional violation of the same provision within one (1) year.

C. In addition to any other available remedy, any violation of 14 CCR, Div. 7, Ch. 12, or any of the provisions hereof which address such obligations, shall be subject to the provisions of Chapter 1.13 of this Code related to administrative citations, modified as follows:

1. Upon determining a violation has occurred, The City Manager or his designee shall issue a notice of violation pursuant to 14 CCR, Div. 7, Ch. 12, Section 18995.4, requiring compliance within 60 days of such notice.

2. Absent compliance, the following administrative fines shall apply:
(A) for a first violation - $50
(B) for a second violation - $100
(C) for a third or subsequent violation - $250
D. Violations Deemed to be a Public Nuisance. In addition to any penalties otherwise imposed, any violation of the provisions of this chapter is deemed to be a public nuisance which may be abated in the manner provided by law for the abatement of nuisances.

ED. Attorneys’ Fees. In addition to any civil and criminal penalties as provided by the provisions of this chapter or otherwise, the City may recover reasonable attorneys’ fees and court costs other such

expenses of litigation and/or prosecution as it may occur by appropriate suit at law against the Person found to have violated any provisions of this chapter.

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THIRD AMENDMENT TO AGREEMENT FOR SOLID WASTE HANDLING

SERVICES BETWEEN CITY OF YORBA LINDA AND REPUBLIC WASTE SERVICES

OF SOUTHERN CALIFORNIA, LLC
This Third Amendment (the “Third Amendment”) to the Agreement for Solid Waste Handling Services between the City of Yorba Linda (hereinafter “City”) and Republic Waste Services of Southern California, LLC (hereinafter “Contractor”) is made and entered so as to be effective as of July 1, 2022.

1. RECITALS
A. City and Contractor have entered that certain Agreement for Solid Waste Handling Services effective as of April 7, 2015 (the “Original Agreement”).

B. Contractor is an affiliate of Republic Services, Inc., a Delaware corporation (“Guarantor”), and Guarantor has entered into a written Guarantee Agreement (the “Guarantee”) with City related to Contractor’s performance pursuant to the terms of the Original Agreement.

C. City and Contractor amended the Original Agreement through a First Amendment effective as of July 1, 2018 (the “First Amendment”) to implement an AB 1826 commercial organics recycling program.

D. Thereafter, City and Contractor amended the Original Agreement again through a Second Amendment effective as of January 1, 2020 (the “Second Amendment”) intended to address the impacts on the Agreement of Assembly Bill (AB) 1594 which mandating that as of January 1, 2020, the use of green material as alternative daily cover (ADC) at landfills would no longer constitute diversion through recycling and will instead be considered disposal in terms of measuring a jurisdiction’s annual 50 percent per capita disposal rate.

E. Since adoption of the Second Amendment, Senate Bill (SB) 1383 has become effective, as well as its implementing regulations which, generally speaking, create an obligation upon the City and Contractor to adopt programs to reduce methane emissions including by imposing requirements for the diversion of organic waste from landfills.

F. Sections 8.2.5 and 8.4 and of the Original Agreement require that the parties meet and confer in good faith to arrive at an adjustment to the maximum rates Contractor may charge in order to compensate it for any new program agreed upon to comply with SB 1383.

G. The parties now desire to enter this Third Amendment for the purpose of setting forth their agreements and understandings with respect to amendments to the Original Agreement, as amended by the First and Second Amendment, to address the requirements of SB 1383, while leaving all other aspects of the Original Agreement, as amended by the First and Second Amendments unchanged.

H. Guarantor has reviewed this Third Amendment and remains willing to apply its Guarantee to Contractor’s performance under the Original Agreement as amended by the First, Second and Third Amendment, and accordingly has executed the Acknowledgment and Consent

ATTACHMENT B

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set forth below reflecting the application of the Guarantee it has provided to Contractor’s performance hereof.

I. The Original Agreement, as amended by the First Amendment, the Second Amendment and this Third Amendment, are collectively referred to herein as “the Agreement.”

2. COVENANTS
SECTION 1. Definitions.
(a) The following definitions shall apply to the Agreement, and shall supersede any defined term in the Original Agreement, the First Amendment or the Second Amendment not consistent herewith.
(i) “Approved Facility/ies'' shall mean facilities designated in Exhibit 1. (ii) "Applicable Laws" shall mean all federal, state, county, and local laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirements of any governmental agency having jurisdiction over an aspect of this Agreement that are in force on the Effective Date, and as may be enacted, issued or amended thereafter, including without limitation City's Municipal Code, AB 939, SB 1383, and 14 CCR, Division 7, Chapter 12. (iii.) “Food Waste” shall mean a subset of Organic Waste comprised of (i) any type of food (including without limitation fruits, vegetables, meat, poultry, seafood, bones, rice, beans, pasta, bread, dairy products), (ii) food spoiled paper (including without limitation napkins, paper towels , and paper plates), and (iii) tea bags, coffee grounds, and coffee filters. (iv) “Organics Recycling Waiver” or “Waiver” shall mean a waiver granted to a Customer by City pursuant to SB 1383 and it’s implementing regulations. (v) “Organic Waste Processing Facility” shall mean a facility which processes Organic Waste in a manner that complies with all Applicable Laws. (vi) "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. For the purposes of this Agreement, SB 1383 specifically includes the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in November 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR. (vii) “Yard Waste” shall mean all leaves, grass cuttings and shrubs that accompany routine household or property maintenance functions. (b) The following terms used herein shall have the meaning defined in 14 CCR Section 18982:

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(i) Commercial Edible Food Generator;
(ii) Edible Food;
(iii) Food Recovery;
(iv) Food Recovery Organization;
(v) Food Recovery Service;
(vi) Large Event;
(vii) Large Venue;
(viii) Organic Waste;
(ix) Tier One Commercial Edible Food Generator;
(x) Tier Two Commercial Edible Food Generator
(c) Sections 2.27, 2.30 and 2.38 of the Original Agreement, respectively defining Food Waste, Green Waste and Organics are deleted and superseded by the provisions hereof. (d) The term Green Waste is used in the following Sections of the Original Agreement: 2.31, 3.2(F), 8.6.1, 10.9.4.1, 10.9.4.5, 23.1, and 28.1. The term Organic Waste as defined herein is hereby deemed to replace each instance in these specified Sections where the term Green Waste appears.
(e) The term Food Waste is hereby deleted from the definition of Gross Receipts in Section 2.31 of the Original Agreement.
(g) Section 3.2(D) of the Original Agreement is hereby amended to add Edible Food recovered for human consumption as an additional item which is exempt from the Agreement’s exclusivity provisions.

SECTION 2. Amendment to Sections 8.2.1, 8.3.1 of the Original Agreement. The phrase “mixed Solid Waste” in Sections 8.2.1 and 8.3.1 of the Original Agreement is hereby replaced with the phrase “that Solid Waste which the Applicable Laws do not require be Collected in a Container designated for the Collection of Recyclable Material or Organic Waste.” SECTION 3. Amendment to Sections 8.2.5, 8.2.6 and 8.2.7 of the Original Agreement.
(a) The text of Section 8.2.5 of the Original Agreement is hereby superseded by the provisions hereof.
(b) The text of Section 8.2.6 is amended in its entirety to read as follows:

8.2.6 Organic Waste Program for Single Family Dwellings Using Carts

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(i) Contractor shall provide a program for the Collection and processing of Organic Waste from all Customers at Single Family Dwellings to whom it provides Refuse Carts that complies with the requirements of SB 1383 (the “Residential Organics Recycling Program”). City has adopted an ordinance pursuant to 14 CCR Section 18981.2, codified in Sections 8.20.030, 8.20.070(c) and (d) and 8.20.070(F) of the Municipal Code which requires persons generating Solid Waste, including Organic Waste, at Single Family Dwellings, and who are not permitted self-haulers, to subscribe for services with Contractor, and accordingly City hereby directs Contractor to automatically enroll all such Customers in the Residential Organics Recycling Program. Towards this end, Contractor shall provide all such Customers with a ninety-six (96) gallon Cart for Collection of commingled Organic Waste (an “Organic Waste Cart”). The Green Waste Carts distributed by Contractor to Customers prior to the effective date of the Third Amendment may be used for such purpose. Any Customer requesting a smaller Organic Waste Cart(s) shall be provided with a sixty-four (64) gallon or thirty-five (35) gallon Organic Waste Cart(s) by Contractor instead of the standard ninety-six (96) gallon Cart noted above. Upon request from any Customer at a Single-Family Dwelling, Contractor shall provide such Customer with one or more additional Organic Waste Carts at rates that do not exceed the maximum rates set forth on Exhibit A. Contractor shall Collect Organic Waste placed in Organic Waste Carts for Collection from each Customer on the same day as such Customers’ Refuse Cart is Collected, using an automated Collection process. Customers shall be directed to place Organic Waste Carts in the same location for Collection as Refuse Carts. (ii) Contractor shall provide so called “kitchen pails” to any Customer who requests one, for the purpose of gathering food scraps and transporting them from within Customers’ homes to their Organic Cart, at rates that do not exceed the maximum rates set forth in Exhibit A. Kitchen pails shall be of a standard design reasonably approved in advance by City.
(iii) As of the effective date of this Third Amendment, the Approved Facility for delivery of Organic Waste Collected as part of the Residential Organic Waste Recycling Program does not accept plastics or compostable plastics. Accordingly, Contractor may, as part of its Residential Organic Waste Recycling Program, prohibit Customers from placing plastic bags, including plastic compostable bags, in Organic Waste Carts. If the Approved Facility to which materials Collected as part of the Residential Organic Waste Recycling Program is delivered changes to one that accepts plastics or compostable plastics, or if the currently Approved Facility begins to accept these materials, Contractor may allow Customers to place plastic bags that both comply with all Applicable Laws and meet such criteria as deemed acceptable to the Approved Facility, in Organic Waste Carts; provided, however, Contractor shall be responsible to ensure its Residential Organic Waste Recycling Program complies with all provisions of the Applicable Laws related to the use of plastic or compostable plastic bags, including without limitation 14 CCR §18984.1(d) and all related noticing requirements.

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(iv) Contractor shall be responsible to ensure that all Organic Waste it Collects is delivered to a properly permitted Organic Waste Processing Facility where it is processed in a manner that complies with SB 1383, using methods that are approved by CalRecycle so as to ensure the handling of such Organic Waste qualifies for diversion credit.
(v) The maximum rates set forth in Exhibit A have been determined based on the Parties’ negotiations pursuant to Sections 8.2.5 and 8.4 which were intended to address Contractor’s costs related to implementing a Residential Organic Waste Recycling Program that is compliant with SB 1383. These maximum rates are predicated on Contractor’s delivery of Organic Waste for processing to the Approved Facility(ies) identified in the accompanying Exhibit 1. Contractor may not utilize facilities other than the Approved Facility(ies) for processing of Organic Waste without the written consent of the City Manager, and any such consent shall be conditioned upon renegotiation of the maximum rates pursuant to Sections 8.2.5 and 8.4.(c) The following sentence is hereby deleted from Section 8.2.7:
“Contractor shall endeavor to provide at least one (1) Refuse Bin for every ten (10) Dwelling Units located at each Multi-Family Dwelling.”
Section 4. Second Amendment Superseded.

The Second Amendment is superseded in its entirety by the provisions of this Third Amendment, and shall no longer be part of the Agreement.

Section 5. Amendment to Sections 8.2.8 and 8.3.10 of the Original Agreement.

The text of Section 8.2.8 of the Original Agreement is hereby deleted and Section

8.3.10 of the Original Agreement is hereby revised in its entirety to read as follows:

8.3.10 Commercial Recycling Services
Contractor shall provide a commercial recycling program (the "Commercial Recycling Program") to all Customers at Commercial Premises and Multi-Family Dwellings that at a minimum meets the standards required under the Applicable Laws, including specifically AB 341, SB 1383 and associated regulations, and such program shall be consistent with any ordinances adopted by the City to implement the Applicable Laws. City has adopted an ordinance pursuant to 14 CCR Section 18981.2, codified in Sections 8.20.030, 8.20.070(c) and (d) and 8.20.070(F) of the Municipal Code which requires persons generating Solid Waste, including Recyclable Material, at Commercial Premises and Multi Family Dwellings, and who are not permitted self-haulers, to subscribe for services with Contractor, and accordingly City hereby directs Contractor to automatically enroll all such Customers in the Commercial Recycling Program. Towards that end, Contractor shall deliver each applicable Customer at least one (1) Cart (with a capacity of 96 gallons) or Bin (with a capacity of either 2 or 3 cubic yards) for the Collection of Recyclable Materials. Contractor shall work with Customers to evaluate the actual number of such Containers needed, and frequency of their Collection, with a goal

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of meeting the requirements of the Applicable Laws (such as AB 341, SB 1383 and associated regulations), taking into account each Customers’ actual needs (including the best strategy to comply with all relevant laws and regulations in the most economically feasible manner possible), and public health and safety needs.

The City Manager shall resolve any dispute that may exist between Contactor and any Customer as to the number of Containers or frequency of Collection needed to comply with this provision. Contractor shall assist the City in identifying Customers subject to this provision that are not in compliance with their obligations under the Applicable Laws. Contractor shall produce, keep current, and provide public information specifically outlining its Commercial Recycling Program, which shall specifically include the annual publication and distribution of a brochure describing this service to all applicable Customers in City. Contractor may charge Customers for the services under the Commercial Recycling Program rates that do not exceed the maximum rates set forth in Exhibit A.

Section 6. Amendment to Section 8.2.11.1 contained in the First Amendment.

The text of Section 8.2.11.1, found in the First Amendment, is amended in its entirety to read as follows:

8.2.11.1 Organic Waste Recycling Program for Commercial Premises Customers (a) Contractor shall provide a program for the Collection, processing, and diversion from disposal of Organic Waste to all Customers at Commercial Premises (which shall include all Multi-Family Dwellings), consistent with the terms hereof (the “Commercial Organic Waste Recycling Program.”). City has adopted an ordinance pursuant to 14 CCR Section 18981.2, codified in Sections 8.20.030, 8.20.070(c) and (d) and 8.20.070(F) of the Municipal Code, which requires persons generating Solid Waste, including Organic Waste, at Commercial Premises and Multi Family Dwellings, and who are not permitted self-haulers, to subscribe for services with Contractor, and accordingly City hereby directs Contractor to automatically enroll all such Customers in the Commercial Organics Recycling Program. In connection with this obligation, Contractor shall deliver at least one (1) Container for the Collection of Organic Waste to each applicable Customer, excepting such Customers for whom City issues an Organics Recycling Waiver. Such Containers shall be either Carts (with a capacity of either 35 or 65 gallons), Bins (with a capacity of 2 cubic yards), or Rolloff Boxes. Contractor shall work with Customers to evaluate the actual number of such Containers needed, and frequency of their Collection, with a goal of meeting the requirements of the Applicable Laws, including specifically SB 1383, AB 1826, and all associated regulations, taking into account each Customer’s actual needs (including the best strategy to comply with all relevant laws and regulations in the most economically feasible manner possible), and public health and safety needs. The City Manager shall resolve any dispute that may exist between Contactor and any Customer as to the number of Containers or frequency of Collection needed to comply with this provision.

Contractor shall be responsible for ensuring that the Commercial Organic Waste Recycling Program it provides meets the requirements of all Applicable Laws,

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including AB 1826, SB 1383, and all applicable regulations. Contractor shall make available information related to its Commercial Organic Waste Recycling Program and shall promote said Program through its website, mailers, brochures, billing inserts, email content, social media, and online announcements, all as more fully set forth herein.
(b) As of the effective date of this Third Amendment, the Approved Facility for delivery of Organic Waste Collected from Commercial Premises which is commingled with Organic Waste not meeting the definition of Food Waste does not accept plastics or compostable plastics. Accordingly, Contractor may, as part of its program for the Collection and processing of Organic Waste from such Customers, prohibit Customers from placing plastic bags, including plastic compostable bags, in Containers designated for the Collection of Organic Waste.

If the Approved Facility to which materials Collected from Organic Waste Carts is delivered changes to one that accepts plastics or compostable plastics, or if the currently Approved Facility begins to accept these materials, Contractor may allow Customers to place plastic bags that both comply with all Applicable Laws and meet such criteria as deemed acceptable to the Approved Facility, in Containers designated for the Collection of Organic Waste Carts; provided, however, Contractor shall be responsible to ensure its Commercial Organic Waste Recycling Program complies with all provisions of the Applicable Laws related to the use of plastic bags or compostable plastic, including without limitation 14 CCR §18984.1(d) and all related noticing requirements.
(c) As of the effective date of this Third Amendment, the Approved Facility for delivery of Organic Waste Collected from Commercial Premises which is comprised of Food Waste, and not commingled with other Organic Waste, does accept plastics or compostable plastics. Accordingly, Commercial Customers that are provided a service for the Collection of Food Waste segregated from other Organic Waste as part of Contractor’s program for the Collection and processing of Organic Waste may place plastic bags or plastic compostable bags, that both comply with all Applicable Laws and meet such criteria as deemed acceptable to the Approved Facility, in Containers designated for the Collection of source separated Food Waste. Contractor shall be responsible to ensure its Commercial Organic Waste Recycling Program complies with all provisions of the Applicable Laws related to the use of plastic bags, or compostable plastic, including without limitation 14 CCR §18984.1(d) and all related noticing requirements. (d) Contractor shall deliver all Organic Waste it Collects to a properly permitted Organic Waste Processing Facility where it is processed in a manner that complies with all Applicable Laws, including AB 1826, SB 1383 and all associated regulations, using methods that are approved by CalRecycle so as to ensure the handling of such Organic Waste qualifies for diversion credit. (e) Contractor shall offer the Commercial Organic Waste Recycling Program at rates based on Container size and service frequency that do not exceed the maximum rates set forth in the attached Exhibit A.

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(f) On behalf of City, Contractor shall regularly identify opportunities for, barriers to, and incentives for Organic Waste recycling, and shall engage in Customer education and outreach related to Organic Waste recycling, all in a manner that ensures City is in compliance with its related obligations pursuant to the Applicable Laws. The method(s) by which Contractor contacts Customers for these purposes, unless otherwise specified, may be by any reasonable means Contractor desires (which may include direct mail, email, telephone calls, site visits and/or such other methods as Contractor reasonably deems appropriate), provided that such methods result in compliance with all obligations of the Applicable Laws, and any related requirements of CalRecycle.
(g) Contractor shall identify Commercial Premises that create large amounts of Organic Waste, including specifically hotels, business parks, Multi-family Dwelling Customers, Large Venues, Large Events and Tier 1 and Tier 2 Commercial Edible Food Generators. Once identified, Contractor shall engage in education and outreach efforts, including specifically by providing access to employee training materials, in order to encourage such Customers to utilize the Commercial Organic Waste Recycling Program. Contractor shall specifically advise such Customers if they are not in compliance with the Applicable Laws. If necessary for compliance with the Applicable Laws, or if requested by CalRecycle, Contractor shall conduct visual waste audits of Commercial Premises to evaluate their Organic Waste Collection requirements and service level needs. Contractor shall annually contact Customers on behalf of City in a manner that complies with the Applicable Laws, including at Premises that do not participate in Contractor’s Commercial Organic Waste Recycling Program, utilize an in-house program, provide Edible Foods to Food Recovery Organizations or Food Recovery Services and/or otherwise recycle or divert Organic Waste. If requested by Customers, Contractor shall inspect their premises as part of such annual contact, and provide training to employees, in a manner reasonably approved by City, regarding the requirements of the Applicable Laws. Contractor shall provide copies to City of waste assessments performed each quarter and submit copies of all waste assessments as part of the annual report to the City in accordance with Section 23.2 of the Agreement as Amended. In the event a Customer refuses to participate in Contractor’s Commercial Organic Waste Recycling Program, and does not report to Contractor that it achieves compliance with its obligations under the Applicable Laws through other methods, Contractor shall provide City with Customer’s name, address, contact information and such other information available to Contractor as may be requested by City or CalRecycle, in a format approved by City. (h) Contractor, with such support from City as may be reasonably necessary, shall perform at least the following outreach as part of its Commercial Organic Waste Recycling Program to all applicable Customers:
(i) Initial Direct Mailing Outreach to be performed by Contractor Contractor shall prepare a multi-lingual (at a minimum in English and Spanish, and such other languages as may be reasonably requested by City)

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letter regarding the requirements of AB 1826, SB 1383, AB 341 and all related regulations for City approval. Upon receipt of City approval, the letter shall be printed using the City’s electronic letterhead and mailed or delivered by Contractor to all Commercial Premises Customers, informing such Customers of the availability of the Commercial provided Organic Waste Recycling Program and the requirements for compliance with AB 1826, SB 1383, and all related regulations. The letter shall note that subscription to Contractor’s Organic Waste recycling services is mandatory under State law for Customers that do not receive an Organic Recycling Waiver from City or otherwise comply with their obligations as generators of Organic Waste as set forth in the Applicable Laws. This letter shall be distributed to Customers in a manner that complies with the Implementation, Outreach and Education Plan set forth in Exhibit 2. (ii) Initial Direct Mailing of Out of Compliance Outreach to be performed by Contractor
On or before February 1, 2023, or as may otherwise set forth and agreed to in the Implementation, Outreach and Education Plan attached hereto as Exhibit 2, Contractor shall prepare a letter for City approval and mail or deliver it to all Customers who are not in compliance with their obligations related to under the Applicable Laws, including those related to SB 1383, AB 1826 and AB 341. The letter shall explain the requirements of the Applicable Laws, detail the Customer’s specific reasons for noncompliance, and explain the annual reporting requirements to CalRecycle.

The letter is to be printed using the City’s electronic letterhead. Contractor shall concurrently provide City with a list of all Customers in noncompliance with their obligations under the Applicable Laws, (including but not limited to a contact person, service and billing addresses, phone number, email, account notes and any other information reasonably necessary) as well as all available information relating to any refusal by the Customer to participate in any program offered by Contractor to achieve compliance with the Applicable Laws, in order that such information may be utilized for enforcement purposes and included in reports to CalRecycle.

Section 7. Amendment to Section 8.5.7 of the Original Agreement. Section 8.5.7 of the Original Agreement is amended to read as follows:

8.5.7. Recycling of C&D Material
Contractor shall comply with all Applicable Laws in connection with temporary services it provides including specifically any ordinance which may be in effect regulating construction and demolition waste (including without limitation the California Green Building Standards Code), and shall comply with any specific diversion levels and project-based diversion reporting that may be required.

Contractor shall make all reasonable efforts to recycle all construction and demolition waste it Collects, especially to the degree such loads contain clean inert

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materials. Towards this end, Contractor shall provide Customers involved in construction Containers for Recyclable Materials and Organic Waste Collection, and separate Containers within which to Collect different types of marketable materials, such as dirt, steel, concrete, and wood. Contractor shall create educational and outreach materials targeting temporary services Customers, subject to City Approval, which City and or Contractor can provide to such Customers.

Section 8. Amendment to Section 8.6.3.4(G) of the Original Agreement. Section

8.6.3.4(G) of the Original Agreement is amended to read as follows:
(G) Provide City with advice on recycling, source reduction, and other technical assistance related to compliance with the Applicable Laws, including without limitation, assisting City in evaluating new development projects to ensure adequate planning occurs for Containers required by the Applicable Laws.

Section 9. Amendment to Section 10.9 of the Original Agreement. Section

10.9.4.6 is hereby added to the Original Agreement to read as follows:

10.9.4.6 Annual and Ongoing Organic Waste and Recycling Program Outreach to be performed by Contractor to all Customers at both Commercial Premises and Single Family Dwellings.
(a) Contractor, in coordination with City, shall annually contact all Customers and provide information related to the Commercial or Residential Organic Waste Recycling Program, and Commercial or Residential Recycling Program, as applicable to each Customer, including at a minimum the information required by the Applicable Laws (including specifically the information required by 14 CCR Section 18985.1.) Contractor shall annually provide City with a list of all Customers in non-compliance with their obligations related to Organic Waste and/or Recycling under the Applicable Laws (including but not limited to a contact person, service and billing addresses, phone number, email, account notes and any other information reasonably necessary) as well as all available information relating to any refusal by the Customer to participate in either the Commercial or Residential Recycling Program or Organic Waste Recycling Program, as applicable, in order that such information may be used for enforcement purposes and included in reports to CalRecycle.
(b) The attached Exhibit 2 is Contractor’s initial Customer SB 1383 Implementation, Outreach and Education plan related to the services set forth in this Third Amendment, including specifically those related to SB 1383. Contractor shall implement and follow all timelines, planned tasks, and schedules contained in its Implementation, Outreach and Education plan. Thereafter, not less than ninety (90) days prior to the anniversary of the effective date of this Third Amendment each year, or more frequently if deemed necessary and requested by City, Contractor shall submit a proposed update to the Implementation, Outreach and Education Plan for the upcoming year to City demonstrating its compliance with its obligations hereunder, which shall be subject to the City Manager’s reasonable

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approval. Contractor shall implement the activities identified in each annual update to the Implementation, Outreach and Education Plan in accordance with the time schedule to be included in such plan.
(c) Contractor shall perform at least the following ongoing outreach efforts, and the City Manager may request that such efforts be modified as may be deemed necessary, which requests will be honored by Contractor so long as they are reasonable and cost neutral:
(i) Provide Organic Waste recycling information to all Commercial Premises including Step by Step process; guidelines for new employee training; do’s and don’ts of separation; signage examples; source reduction suggestions; links to online Contractor and City programs/resources; Good Samaritan Law definition; information on environmentally preferable purchasing policies; and resource list of sustainability programs and toolkits from trade organizations like the National Restaurant Association and US Composting Council Curb to Compost Toolkit and/or government agencies like the EPA toolkit for Reducing Food Waste and Packaging and FTC Guidelines on compostable and degradable claims.
(ii) Provide samples of indoor and outdoor Container options and signage. (iii) Contact or provide information to help identify Customer’s “startup team” to implement the program and provide long term support. (iv) If necessary or if requested by Customers, conduct a comprehensive, in-house, multi-lingual training with kitchen and janitorial staff. (v) Follow-up and monitor to ensure successful participation, which shall include visual audits and additional training when reasonably necessary. (vi) Create solutions for the identified challenges and waste stream specifics.
(vii) Provide Customers with outreach and educational materials, which materials shall be updated as necessary on an annual basis in a manner approved by City.
(viii) Be responsible for distribution of newsletters to Customers at Commercial Premises and Multi-Family Dwellings two times per year (in addition to the Annual Notice requirement of Section 10.9.4 of the Agreement for a total of three times per year) and Customers at Single Family Dwellings four times per year containing outreach and educational materials to be approved by City; provided, however, during the first year following the effective date of this Third Amendment only three such newsletters shall be required to be distributed to Customers at Single Family Dwellings and rather than a fourth newsletter, Contractor shall provide such Customers with stick-on labels designed to be affixed on Recycling and

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Organic Waste Carts, identifying the proper materials to be placed therein for Collection.
(ix) Connect Customers with Food Recovery Organizations and Food Recovery Services.

Section 10. Container Contamination Monitoring. Contractor shall provide a Container contamination monitoring program in connection with all Customers that complies with all Applicable Laws, and is approved by the City, which at a minimum meets the following requirements:
(a) Contractor shall provide ongoing education and outreach to Customers that at a minimum meets the criteria set forth in Exhibit 2, Contractor’s SB 1383 Implementation, Outreach and Education Plan developed enable it to implement the services set forth in this Third Amendment, including specifically those related to SB 1383, and which is intended to provide information related to the proper materials to place in each Container with sufficient specificity to enable Customers to understand Contractor’s Recycling and diversion program, and their obligations as Customers, and generators of Solid Waste, under the Applicable Laws, including compliance with City ordinances. Contractor shall implement and follow all timelines, planned tasks, procedures, proposed staffing assignments, and schedules contained in its implementation plan.
(b) Contractor shall provide on-going monitoring of the contents of Containers, using a method that is approved by City and complies with all Applicable Laws including specifically, without limitation 14 CCR § 18984.5, and may accomplish its obligations hereunder by physical inspection of the contents of Containers by Collection personnel at the time of Collection, or use of cameras which view, record, and save images of the contents of Containers.
(c) Contractor shall take such steps as are necessary to comply with its on-going Container contamination monitoring obligations hereunder, and in so doing shall at a minimum assign 0.13 of a “full time” staff person (meaning a typical forty (40) hour per week job assignment, taking into account typical leave time) to perform the function of a “route auditor” to conduct inspections of Containers and otherwise be responsible for contamination compliance monitoring and related reporting in compliance with the Applicable Laws. The route auditor shall perform and/or oversee Contractor’s inspection and other monitoring and enforcement-related functions, prepare reports required by CalRecycle, which shall be certified by Contractor as to completeness and accuracy, conduct public outreach and education, participate in and facilitate community events throughout the year to promote Contractor’s programs, and assist with resolution of Customer complaints.

Contractor shall keep records documenting the route auditor’s activities, in a manner subject to the City Manager’s reasonable approval, sufficient to substantiate the requirement that 0.13 persons on a “full time” assignment has been satisfied

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(d) In the event Contractor encounters a contaminated Container, meaning ten percent (10%) or more of the contents of the Container is comprised of materials other than that for which the Container is designated, Contractor shall document the contaminated Container in a manner satisfactory to City which at a minimum demonstrates (i) ten percent (10%) or more of the contents of the Container is comprised of materials other than that for which the Container is designated, and (ii) the identity of the Customer to whom the Container was provided by Contractor.

Contractor shall record such event in a computer logging/data-base system and include the date, time, Customer’s address, type of Container (i.e., whether designated for general Solid Waste, Organic Waste, or Recyclable Materials) as well as video or photographic evidence of the contamination directly connecting it to the customer/owner of the Container, and shall retain the video/photographic evidence of the incident to enable reasonable review, including review in connection with challenges by Customers to Contractor’s determination a Container was contaminated. Contractor shall notify the Customer of the contamination incident as soon as reasonably feasible, and provide the information required by this Section to the Customer upon request. In addition, Contractor shall provide the Customer with education materials related to the appropriate items to be placed in each Container. Contractor shall maintain the forgoing records and provide them to the City as part of its quarterly reporting, or more frequently if necessary to comply with enforcement obligations set forth in the Applicable Laws. (e) Upon discovering a contaminated Container, Contractor shall also leave a notice on site for the Customer at a location where the Customer is reasonably likely to observe it. Contractor shall then Collect the contaminated Container and deliver the contents to a facility properly permitted to receive it. Contractor shall Collect a contaminated Container no later than the end of the business day following its regularly scheduled Collection day.
(f) Following July 1, 2023, Contractor may charge Customers at Single Family Dwellings a contamination fee in an amount that does not exceed that set forth in Exhibit for each occurrence upon which a Container designated for the Collection of Organic Waste or Recyclable Materials is contaminated and is nevertheless is placed out for Collection. In order to impose a contamination fee, Contractor shall have (i) complied with subsections (d) and (e) above; (ii) shall have provided three notices pursuant to subsection (e) above of contamination occurring after July 1, 2023, which notices shall include the date of the contamination incident; as well as a notification that a contamination fee may be imposed upon the forth, and any subsequent instances of contamination; and (iii) shall have advised the Customer in connection with each such notice given after July 1, 2023 that that any challenge to the determination that their Container was deemed to be contaminated must occur within sixty (60) days of the date of the notice (with challenges following the same procedure as noted below related to challenges to the imposition of a contamination fee.) Once the above criteria has been satisfied for any given Customer, a contamination fee as set forth herein may be imposed upon such Customer for each occurrence upon which a Container designated for the Collection of Organic Waste or Recyclable Materials is contaminated and is nevertheless is placed out for

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Collection by including such contamination fee on the Customer’s regular invoice.

For each instance in which such a fee is imposed, Contractor shall have complied with subsections (d) and (e) above, and shall additionally provide the date of the contamination incident as part of the invoice to the Customer related to the contamination fee; as well as a notification that any challenge to the contamination fee must occur within sixty (60) days of the date of the invoice. The invoice shall also provide information regarding the process by which to challenge the appropriateness of the contamination fee. Contractor shall establish a process for Customers to bring such challenges, which shall include an opportunity for Customers to receive the information required in subsection (d) and to present to Contractor any evidence it may have, with such process subject to the City Manager’s approval. Contractor’s photos showing the information required by subsection (d) shall create a rebuttable presumption that the Container in question was contaminated. The Customer shall then have the burden of proof that there was no contamination in making a challenge. Contractor shall provide City with a summary of any such challenges including Contractor’s determination as to whether to impose the contamination fee, and the City Manager shall have the ability to overrule any such determination, provided the City Manager’s decision is supported by facts which meet the substantial evidence test. (g) Contractor may charge Customers at Commercial Premises or Multi-Family Dwellings a contamination fee in an amount that does not exceed that set forth in Exhibit A for each occurrence upon which a Container designated for the Collection of Organic Waste or Recyclable Materials is contaminated and is nevertheless is placed out for Collection. In order to impose a contamination fee, Contractor shall have complied with subsections (d) and (e) above, and shall additionally provide the date of the contamination incident as part of an invoice to the Customer related to the contamination fee; as well as a notification that any challenge to the contamination fee must occur within sixty (60) days of the date of the invoice. The invoice shall also provide information regarding the process by which to challenge the appropriateness of the contamination fee. Contractor shall establish a process for Customers to bring such challenges, which shall include an opportunity for Customers to receive the information required in subsection (d) and to present to Contractor any evidence it may have, with such process subject to the City Manager’s approval. Contractor’s photos showing the information required by subsection (d) shall create a rebuttable presumption that the Container in question was contaminated. The Customer shall then have the burden of proof that there was no contamination in making a challenge. Contractor shall provide City with a summary of any such challenges including Contractor’s determination as to whether to impose the contamination fee, and the City Manager shall have the ability to overrule any such determination, provided the City Manager’s decision is supported by facts which meet the substantial evidence test. (h) Contractor shall provide information to City regarding Container contamination in the reports it submits to City, with sufficient specificity to enable City to determine if enforcement action against the Customer is warranted and meet the reporting requirements of SB 1383. In addition, Contractor shall maintain the

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above noted records related to contamination and provide them to City, and otherwise assist City with such enforcement efforts as City may deem appropriate. (i) Contractor, using the route auditor noted herein and such other resources as may be necessary, shall perform route reviews of each route in City on an ongoing basis in a manner that meets the requirements of 14 CCR § 18984.5, and is approved by City. Once such action is completed, Contractor shall provide any notification to Customers as may be required by the Applicable Laws. Contractor shall keep records of the reviews conducted pursuant to this provision, including specifically the records required by 14 CCR § 18984.6, and provide such records to City upon request. In addition, Contractor shall include a summary of such information in a form acceptable to City, in its monthly, quarterly, and annual reports to City.

Section 11. Routes. The consent provided in Section 8.3.11.1 of the First Amendment which authorized commingling of Organic Waste routes is hereby rescinded, and Section 8.1.6 of the Original Agreement is amended to read as follows, with the intention of prohibiting comingling of routes within City with routes in any other jurisdiction:

8.1.6 Commingling of Routes
Contractor shall establish routes for all Customers in City, and provide City with maps, or other means satisfactory to City demonstrating such routes. The routes shall be sufficiently identified to enable the City to effectuate and ensure compliance with its obligations pursuant to 14 CCR §§ 18984.5 and 18984.6.

Contractor shall not during its Collection process commingle Solid Waste Collected hereunder with Solid Waste Collected in any other city, or on behalf of any other entity operating or existing within City that is not subject to this Agreement, and is specifically prohibited from combining Collection routes related to services provided pursuant to this Agreement with Collection routes for other jurisdictions it may service. Notwithstanding the forgoing, if Contractor utilizes a methodology satisfactory to the City Manager and CalRecycle to account for one or more types of Solid Waste Collected within City, and Contractor obtains the written consent of the City Manager for Contractor to commingle such Solid Waste with Solid Waste Collected from other jurisdictions, Contractor may commingle such Solid Waste Collected within the City in a Collection Vehicle with Solid Waste Collected from Premises in other jurisdictions. The City Manager may grant his/her consent for such commingling in his/her absolute and sole discretion if he/she determines the methodology used to account for commingled Solid Waste is reasonably likely to result in the City being in compliance with the Applicable Laws; and, similarly may withdraw his/her consent if he/she determines the methodology used to account for commingled Solid Waste is reasonably likely to result in the City not being in compliance with the Applicable Laws. As of the effective date of the Third Amendment, commingling of routes for the Collection of Recyclable Material and Organic Waste from Customers at Commercial Premises and Multi-Family Dwellings is approved by the City, using a methodology for tracking such types of Solid Waste generated in the City and in other jurisdictions that is premised upon Container capacity.

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Section 12. Edible Food Recovery Contractor shall assist with Edible Food Recovery efforts by City and Customers, and fund such efforts as follows:
(a) Assistance with Edible Food Recovery Obligations. Contractor shall assist City and Customers in meeting their obligations set forth in 14 CCR Chapter 12, Article 10 §§ 18985.1 through 18985.5, by at a minimum providing the following services:
(i) As of the effective date of this Third Amendment, Contractor has identified all Commercial Customers that meet the definition of Tier One and Tier Two Commercial Edible Food Generators. Contractor shall identify all new Customers meeting this criteria on an ongoing basis.

Contractor shall create, and keep current, a list of such Customers which list shall include: Customer name; service address; contact information; Tier One or Tier Two classification; type of business (as it relates to the Tier One and Tier Two Commercial Edible Food Generator definitions); and such other information as may be required by City to enable it to contact the Customer. Contractor shall provide a summary of this information in a form acceptable to City as part of its monthly, quarterly, and annual reports to City.
(ii) Contractor shall cooperate with and assist City and/or its consultants in conducting annual inspections of Tier One and Tier Two Commercial Edible Food Generators, Food Recovery Organizations, and Food Recovery Services to assess their compliance with the requirements of 14 CCR Chapter 12 Article 10.
(iii) At least annually Contractor shall provide Tier One and Tier Two Commercial Edible Food Generators with the following information:
(A) Information about the Contractor’s and/or City’s Edible Food Recovery program;
(B) Information about the Commercial Edible Food Generator requirements under 14 CCR Chapter 12 Article 10;
(C) Information about Food Recovery Organizations and Food Recovery Services operating within the City, including information regarding how to contact such Food Recovery Organizations and Food Recovery Services; and,
(D) Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste. (iv) Contractor may provide the information required by this Section to Customers by including it with regularly scheduled notices, education and outreach materials, billing inserts, or other information disseminated to Commercial Businesses.

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(v) Contractor shall cooperate with City, Food Recovery Organizations, and/or Food Recovery Services in connection with the implementation, expansion, or operation of Food Recovery efforts in the City. (vi) Contractor shall assist City, as well as operators of Large Venue’s and Large Events with reporting and other assistance necessary to meet their Edible Food Recovery and other requirements under the Applicable Laws, including without limitation, SB 1383 and its implementing regulations. (vii) Contractor shall keep records of its efforts in connection with this Section provision, as well as records that provide its best estimate of the total tonnage of Edible Food recovered within City, and shall provide summaries of such information in a form acceptable to City as part of its monthly, quarterly, and annual reports to City.
(b) Edible Food Recovery Funding. On or before June 30, 2023 and each June 30 thereafter during the Term, Contractor shall provide City with funding to assist it with contracting with third parties that will facilitate compliance with City’s obligations under 14 CCR Chapter 12, Article 10 (the “Edible Food Recovery Payment.”) The Edible Food Recovery Payment due on or before June 30, 2023 shall be the amount of $19,200.00. Thereafter, the annual amount of the Edible Food Recovery Payment due on or before June 30 each year shall be annually adjusted by the same formula set forth in Section 24.3 of the Original Agreement (as amended by this Third Amendment.)
Section 13. Assistance with Organic Recycling Waivers
(a) Contractor shall assist Customers in assessing if they qualify for an Organics Recycling Waiver, and provide such assistance as may be necessary for the Customer and City to evaluate any application submitted for such a Waiver. Such assistance shall include a review of the Customer’s Waiver application, and providing City with any information, including video/photographs or data regarding the Customer’s Premises, service levels or other factors which may be necessary to enable City to evaluate a waiver request.
(b) City shall advise Contractor of any Organics Recycling Waivers it grants.

Thereafter, at least once every five (5) years, or more often if requested by City, Contractor shall conduct such investigation and fact finding as may be necessary to verify that the criteria by which City granted the Waiver continues to exist. (c) Contractor shall maintain a record of each Organics Recycling Waiver, and any efforts it undertakes in connection with verifying ongoing applicability of the Waiver criteria. A summary of such information shall be provided by Contractor, in a form acceptable to City along with Contractor’s monthly, quarterly, and annual reports to City.

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Section 14. Dedicated Recycling Coordinator
Contractor shall assign fifty-one tenths (0.51) of a staff persons’ time to act as a “full time” Recycling coordinator to City (meaning a typical forty (40) hour per week job assignment, taking into account typical leave time) who shall be responsible for assisting with public education and outreach as well as compliance with AB 939, AB 341, AB 1826, SB 1383, related Food Recovery efforts, and such other of the Applicable Laws related to Diversion and Recycling as may be applicable during the Term. The Recycling coordinator shall coordinate with City in connection with AB 939, AB 341, AB 1826, and SB 1383 program implementation and shall oversee and/or prepare reports required by CalRecycle, which shall be certified by Contractor as to completeness and accuracy, conduct public outreach and education, participate in and facilitate community events throughout the year to promote Contractor’s programs, and assist with resolution of Customer complaints. The Recycling coordinator shall coordinate with City Staff on a regular basis, anticipated to be at least weekly, to discuss ongoing efforts, and any related issues. Contractor shall keep records documenting the Recycling coordinator’s activities, in a manner subject to the City Manager’s reasonable approval, sufficient to substantiate the requirement that fifty-one tenths (0.51) persons on a “full time” assignment has been satisfied.

Section 15. Amendment to Section 26.1 of the Original Agreement. Section 26.1 of the Original Agreement is hereby amended to read as follows:

26.1 Flow Control Option
City shall have the authority to choose the location for the delivery and/or disposal of all Solid Waste, including without limitation Recyclable Materials, Organic Waste, and construction and demolition waste Collected pursuant to this Agreement (hereinafter City’s “Flow Control Option”). Contractor expressly consents to City’s exercise of it's Flow Control Option, and waives any and all rights to challenge City’s ability to do so, including without limitation any rights under the Commerce Clause of the United States Constitution. As of the Effective Date, City shall be deemed to have exercised its Flow Control Option so as to require disposal of Solid Waste Collected hereunder at the Orange County landfill system in a manner consistent with its obligations under the County Agreement (including, without limitation, its obligations related to Solid Waste that is delivered to a processing/transfer facility prior to being delivered to a landfill for disposal), and Contractor has agreed to handle all Solid Waste Collected hereunder in a manner consistent with City’s exercise of its Flow Control Option as noted above. Contractor may utilize the Approved Facility(ies) for the delivery, transfer and processing of Recyclable Materials and Organic Waste understanding any residue from processing must be handled in a manner that is consistent with City’s obligations under the County Agreement. Notwithstanding any provision of the Agreement to the contrary, including specifically Section 6 of the First Amendment, at any time during the Term of the Agreement the City Manager may notify Contractor in writing that City desires to exercise its Flow Control Option