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Agenda packet

Yorba Linda City Council
November 18, 2025

Document
Agenda packet
Meeting
November 18, 2025
Body
Yorba Linda City Council
Pages
145
Original file
13.0 MB
Text extracted from the city's file for reading and search. Open the original on pub-yorbalinda.escribemeetings.com. That file is the official record.

CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY,

YORBA LINDA HOUSING AUTHORITY AND YORBA LINDA MUNICIPAL FINANCING AUTHORITY

JOINT MEETING
AGENDA

Tuesday, November 18, 2025, 6:30 p.m.

Council Chambers
4845 Casa Loma Avenue
This meeting is being broadcast live for airing on cable channel 3, channel 99 AT&T U-Verse and the city's website. By remaining in the room, you are giving your permission to be televised.

Pages

CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency will convene at 5:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue.

ROLL CALL

ANNOUNCEMENT OF CLOSED SESSION ITEMS

CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA

REDEVELOPMENT AGENCY
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION,

SIGNIFICANT EXPOSURE TO LITIGATION
Government Code Section 54956.9(d)(2) (6 Cases)

PUBLIC COMMENT ON CLOSED SESSION ITEMS

CONVENE INTO CLOSED SESSION
RECESS

CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority will reconvene at 6:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.

ROLL CALL

PLEDGE OF ALLEGIANCE

INVOCATION

CHAPLAIN JOHN SIU, ORANGE COUNTY SHERIFF'S DEPARTMENT

CLOSED SESSION REPORT

INTRODUCTIONS & PRESENTATIONS

CITY'S BUSINESS OF THE QUARTER RECOGNITION

INTRODUCTION OF NEW STAFF MEMBER ACCOUNTING TECHNICIAN

EVELYN CASTORELA

LAW ENFORCEMENT SERVICES UPDATE BY CHIEF OF POLICE SERVICES

CAPTAIN DE ANNE WIGGINTON
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT

ON THE REMAINDER OF THE AGENDA
There is a five (5) minute maximum time limit for each individual addressing the legislative body during Public Comments and on all other items listed on the Agenda.

Whenever a group of persons wishes to address the City Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group so as to avoid unnecessary repetitions before the City Council.

CONSENT CALENDAR
All matters listed under "CONSENT CALENDAR" are considered by the City Council/ Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority to be routine and will be enacted by one motion approving the recommendation listed on the Agenda. There will be no separate discussion unless Members of the Council/Successor Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority or Staff request specific items to be removed from the Consent Calendar.

Recommendation:

It is recommended that the City Council approve the Consent Calendar.

1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON

THE AGENDA
Recommendation:

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It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

2. ACCOUNTS PAYABLE CHECK REGISTER – NOVEMBER 18, 2025 6 Recommendation:

It is recommended that the City Council receive and file the accounts payable check register and wire transfer report dated November 18, 2025, in the amount of $2,394,760.12.

3. APPROVAL OF THE MINUTES OF THE NOVEMBER 4, 2025 CITY

COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT

AGENCY MEETING
65 Recommendation:

It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the November 4, 2025 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.

4. ADOPT RESOLUTION NO. 2025-5956 AUTHORIZING THE SUBMISSION OF THE CITY’S APPLICATION FOR CTFP FUNDING FOR THE

BASTANCHURY ROAD REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION

PROJECT
72 Recommendation:

It is recommended that the City Council adopt Resolution No. 2025-5956 authorizing a Comprehensive Transportation Funding Program application for the Bastanchury Road Regional Traffic Signal Synchronization Project.

5. APPROVE AMENDMENT NO. 3 TO THE AGREEMENT WITH HF&H

CONSULTANTS FOR ORGANICS RECYCLING SUPPORT
77 Recommendation:

It is recommended that the City Council approve Amendment No. 3 to the Agreement with HF&H Consultants for state-mandated SB 1383 organics recycling programs, extending the agreement by one year at a cost of $90,000.

6. CONTINUANCE OF EMERGENCY PROCLAMATION REGARDING

CRITICAL STORM DRAIN REPAIR FOR LEMON AND IMPERIAL HIGHWAY

STORM DRAIN
112
Recommendation:

It is recommended that the City Council: 1.) Affirm the November 4, 2025 Local Emergency Proclamation and determine that the need for the Local Emergency Proclamation still exists by adopting Resolution No. 2025-5958; and, 2.) Transfer $350,000 to the Lemon Drive and Imperial Highway Emergency Storm Drain Repair Project utilizing savings from the Lakeview Avenue Widening Project; and,

3.) Authorize the City Manager to conduct necessary emergency procurement procedures, including award of a construction contract, in an amount not to exceed $550,000; and, 4.) Direct staff to provide updates at City Council meetings

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regarding the emergency conditions.

7. DENIAL OF CLAIMS FOR DAMAGES 118
Recommendation:

It is recommended that the City Council of the City of Yorba Linda deny the claims for damages filed by Mitchell Quintana, Paige Porter, Jonathan Jesus Garcia and William Gaskill.

8. REPORTS OF PLANNING COMMISSION ACTIONS FROM THEIR LAST

MEETING
120
Recommendation:

It is recommended that the City Council receive and file this report.

9. COMMITTEE AND AGENCY REPORTS 122
Recommendation:

It is recommended that the City Council receive and file this report.

PUBLIC HEARING
Note: If previous agenda items are completed prior to 7:00 p.m., the legislative body will proceed to “Administrative Reports” on the Agenda until the scheduled time for the Public Hearings. At the Mayor’s discretion, Public Comments may be postponed at 7:45 p.m. to allow the Public Hearings to be started and following the completion of Public Hearing item(s), the legislative body will go back to the Public Comments at the Mayor’s discretion and then continue to the remainder of the agenda order thereafter.

If you challenge the legislative body’s proposed actions in court, you may be limited to raising those issues that you or someone else raised at the Public Hearing described in this Agenda, or in any written correspondence delivered to the City Council/Successor Agency to the Yorba Linda Redevelopment Agency on or prior to the Public Hearing.

10. ADOPT RESOLUTION NO. 2025-5957 CONFIRMING THE COSTS TO ABATE WEEDS AT APN: 348-271-20, 348-191-37, AND 343-641-01; AND

ORDERING THE COLLECTION OF COSTS AS A SPECIAL ASSESSMENT LIEN 125
a. Open Public Hearing
b. Staff Report
c. Take Testimony
d. Close Public Hearing
e. Make Determination
Recommendation:

It is recommended that the City Council adopt Resolution No. 2025-5957 confirming the costs to abate the public nuisance at private property (APN: 348- 271-20, APN: 348-191-37, APN: 343-641-01) and ordering the collection of costs as a special assessment lien on the properties.

CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY

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COUNCILMEMBERS/ OTHER AGENCY REPORTS

ADMINISTRATIVE REPORT

11. CITY COUNCIL COMPENSATION 136
Recommendation:

It is recommended that the City Council discuss and provide direction regarding City Council compensation.

CLOSED SESSION IF REQUIRED

ADJOURNMENT
The next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting is December 2, 2025.

NOTE: ALL STAFF REPORTS AND RELATED ATTACHMENTS FOR ITEMS ON THIS AGENDA ARE ON FILE IN THE CITY CLERK’S OFFICE. AS AN ADDITIONAL SERVICE, THE CITY NOW PROVIDES THE STAFF REPORTS AND RELATED ATTACHMENTS ON THE CITY’S WEBSITE. PLEASE NOTE THAT IT IS NOT ALWAYS POSSIBLE TO EMBED ALL ATTACHMENTS AND MAPS. THUS, IF YOU REQUIRE A FULL AND COMPLETE COPY OF THE AGENDA PACKET, YOU SHOULD NOT RELY UPON THE WEBSITE MATERIALS ALONE.

IN COMPLIANCE WITH THE AMERICAN DISABILITIES ACT (ADA), THE CITY WILL MAKE EVERY REASONABLE ATTEMPT TO ACCOMMODATE ANY ATTENDEE OR PARTICIPANT AT THIS MEETING NEEDING SPECIAL ASSISTANCE BEYOND WHAT IS NORMALLY PROVIDED. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (714) 961-7150 AT LEAST 48 HOURS PRIOR TO THIS MEETING TO INFORM US OF YOUR PARTICULAR NEEDS AND TO DETERMINE IF ACCOMMODATION IS FEASIBLE. PLEASE ADVISE US AT THE TIME YOU CALL IF SPECIAL ASSISTANCE IS REQUIRED TO ATTEND OR PARTICIPATE IN MEETINGS ON A REGULAR BASIS.

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FINANCE DEPARTMENT
DATE: NOVEMBER 18, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: SUNNY HAN, FINANCE DIRECTOR / CITY TREASURER
SUBJECT: ACCOUNTS PAYABLE CHECK REGISTER – NOVEMBER 18, 2025

RECOMMENDATION
It is recommended that the City Council receive and file the accounts payable check register and wire transfer report dated November 18, 2025, in the amount of $2,394,760.12.

BACKGROUND
The Yorba Linda Municipal Code states that the accounts payable check register shall be presented to the City Council at the next scheduled meeting following the printing and mailing of checks.

DISCUSSION
This check register includes both City and Successor Agency weekly check runs for the weeks since the last City Council meeting. Additionally, a report of any wires sent by the City is included as an attachment to this report on an as-needed basis as well as a report on credit card transactions.

FISCAL IMPACT
There is no direct fiscal impact associated with this report. Sufficient funds are available in the approved budget to cover all the listed checks and wires.

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1 CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT

AGENCY, YORBA LINDA HOUSING AUTHORITY AND YORBA LINDA MUNICIPAL

FINANCING AUTHORITY JOINT MEETING

MINUTES
November 4, 2025, 6:30 p.m.

Council Chambers
4845 Casa Loma Avenue
Councilmembers

Present:

Campbell, Huang, Lim, Singh, Rodriguez
Staff Present: Brown, Farnsworth, Grant, Han, Kudron, Lai, Lixey, Litfin, Wigginton
_____________________________________________________________________

CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency canceled the Closed Session meeting that was scheduled for 5:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue.

ROLL CALL

ANNOUNCEMENT OF CLOSED SESSION ITEMS

CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION,

SIGNIFICANT EXPOSURE TO LITIGATION
Government Code Section 54956.9(d)(2) (1 Case)

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2 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, INITIATION

OF LITIGATION
Government Code Section 54956.9(d)(4) (1 Case)
C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1) (1 case)
Name of Case: Yorba Canyon, LLC v. City of Yorba Linda
Case Number: 30-2025-01497724-CU-WM-CXC, Superior Court, County of Orange

PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.

CONVENE INTO CLOSED SESSION
Closed Session was canceled.

RECESS

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3 CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority reconvened at 6:32 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.

ROLL CALL

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Carlos Rodriguez

INVOCATION
Pastor Anne-Grethe Krogh Nielsen, The Danish Lutheran Church & Cultural Center

INTRODUCTIONS & PRESENTATIONS

RECOGNITION OF YORBA LINDA VETERANS
Mayor Janice Lim said that in anticipation of Veterans Day, the City is once again privileged to pay tribute and respect to those in the community who have served in the military. Staff displayed a PowerPoint presentation honoring local veterans and Mayor Lim along with her Council colleagues, recognized Yorba Linda veterans in attendance for their service and bravery.

RECOGNITION OF FALL 2025 YOUNG CIVIC LEADERS ACADEMY STUDENTS Mayor Lim spoke about the Young Civic Leaders Academy and said the six-week program teaches local high school students about city government in a nonpartisan way that shows them how they can be involved and make a difference themselves. Councilwoman Tara Campbell said she started the program when she was Mayor in 2019, and said the program offers a fall and a spring session where students learn about the budget, meet with the Yorba Linda Water District, departments, the business community, and participate in a mock City Council meeting.

Mayor Lim presented each student with a certificate of recognition. The students also received recognition from the offices of Congresswoman Young Kim, Senators Steven Choi and Kelly Seyarto, Assemblyman Phillip Chen, and Pat Buttress, representative for Supervisor Don Wagner, who was in attendance.

PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON

THE REMAINDER OF THE AGENDA
Steve Schofro, Lithium Awareness International, spoke about California Senate Bill 283 and it's potential impacts and urged the community to take action.

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4 Linda Cone, resident, said she attended a Council meeting several months ago to express concerns over what is happening with the Placentia-Yorba Linda Unified School District.

She said she has been trying to contact Mayor Lim and requested to meet with her to discuss the school district.

Pam, resident, spoke about Landscape Maintenance and Assessment District Zone L1B. She said the zone has undergone several Proposition 218 votes and said she requested financial information for the zone as part of a Public Records Act Request and expressed concerns over the condition of the zone and the budget for the zone.

Randy Buckley, resident and President of the Villaggio Community Association, said his HOA requested pine trees be removed on Fairmont Boulevard over seven years ago, and they had been told they would be removed and a new landscape plan would be presented.

He said that never happened, and he spoke further of the HOA's attempts to obtain removal through the City and the association's resident petitions that were submitted. He expressed his concerns and said pine trees are very volatile to fire.

Pat Nelson, resident, spoke about speeding on Valley View Avenue. She also said she recalls there was some tree removal about a year ago north on Valley View Avenue, and said there are branches that should be looked at that were probably missed. She also commented about trail maintenance.

CONSENT CALENDAR
Councilwoman Campbell disclosed that she has conferred with City Attorney Todd Litfin and although she works for the County of Orange, she can participate in Item No. 4 as it does not involve her department.

Moved by Campbell
Seconded by Singh
It is recommended that the City Council approve the Consent Calendar.

AYES (5): Campbell, Huang, Lim, Singh, and Rodriguez
CARRIED (5 to 0)

1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

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5 2. ACCOUNTS PAYABLE CHECK REGISTER – NOVEMBER 4, 2025 It is recommended that the City Council receive and file the accounts payable check register and wire transfer report dated November 4, 2025, in the amount of $8,475,278.61.

3. APPROVAL OF THE MINUTES OF THE OCTOBER 21, 2025 CITY COUNCIL /

SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY

MEETING
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the October 21, 2025 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.

4. MEMORANDUM OF UNDERSTANDING FOR THE USE OF ALERTOC
It is recommended that the City Council approve and authorize the City Manager to execute the Memorandum of Understanding with the County of Orange for Use of the Countywide Public Mass Notification System for the period of December 30, 2024 to December 30, 2029.

5. COMMITTEE AND AGENCY REPORTS
It is recommended that the City Council receive and file this report.

CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY

COUNCILMEMBERS/ OTHER AGENCY REPORTS
City Manager Peter Grant shared that it is election day and the library voting center is heavily impacted by traffic. He said if residents are only dropping off their ballot, there are several ballot drop boxes throughout the community and County. He congratulated the Young Civic Leaders and shared that he participated in something similar when he was in high school, and said that his experience played a big role in his career path.

Councilwoman Campbell asked Public Works Director / City Engineer Jamie Lai to follow up with Mr. Randy Buckley, and said she would like to discuss the history of requests.

Mayor Lim announced the upcoming Teen Youth Empowerment Service Day on Saturday, November 15, at 10 a.m. at the Thomas Lasorda Jr. Field House. She said students in grades 6 through 12 are invited to volunteer, give back to the community, and earn service hours. This year, the City is partnering with With Hope, a local nonprofit promoting mental health awareness and said details can be found at www.yorbalindaca.gov/TeenPrograms.

Mayor Lim invited the community to the Yorba Linda Veterans Memorial Association Veterans Day Ceremony at Veterans Park on Tuesday, November 11 at 2:00 p.m. She said a large tent with seating will be available, however, guests are also welcome to bring their own lawn chairs. More information can be found at

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6 www.YorbaLindaVeteransMemorial.com. Lastly, she requested that the funding request for the Miss Placentia / Yorba Linda Scholarship Program be placed on the next Council agenda.

ADMINISTRATIVE REPORT

6. RATIFY THE CITY MANAGER’S PROCLAMATION OF EMERGENCY TO APPROVE

EMERGENCY PROCUREMENT PROCEDURES ASSOCIATED WITH CRITICAL

STORM DRAIN REPAIR REQUIRED AT THE LEMON DRIVE AND IMPERIAL HIGHWAY

INTERSECTION
Director Lai provided a PowerPoint presentation on this item. She said earlier last week staff found a void at the intersection caused by failure in a storm drain system made out of corrugated metal pipe (CMP) that had reached the end of its useful life. Her presentation included photos of the storm drain damage and a map showing the CMP locations. She spoke of preventative measures the City actively takes and spoke of next steps, including completing the permanent relocation of the traffic signal, evaluating repair options and soliciting bids for the Lemon Drive and Imperial Highway intersection repair.

She concluded her comments by discussing the Storm Drain Preventative Maintenance Plan.

Councilwoman Campbell said items like these are a priority as they ensure the safety of the community.

Moved by Campbell
Seconded by Huang
It is recommended that the City Council: 1.) Ratify the City Manager’s declaration of an emergency pertinent to the critical storm drain and pipeline repairs required at the intersection of Lemon Drive and Imperial Highway by adopting Resolution 2025-5955; and, 2.) Authorize the City Manager or designee to conduct necessary emergency procurement procedures, including award of contracts for which the cumulative total will not exceed $200,000 in advance of the next regularly scheduled Council meeting; and,

3.) Transfer $200,000 to the Lemon Drive and Imperial Highway Emergency Storm Drain Repair Project (MS261001) utilizing funds available from the Lakeview Avenue Widening Project (SI201003); and, 4.) Direct staff to return to Council at the next regularly scheduled meeting, and as required by the City’s municipal code thereafter, to provide an update regarding the emergency conditions.

AYES (5): Campbell, Huang, Lim, Singh, and Rodriguez
CARRIED (5 to 0)

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7 ADJOURNMENT
Mayor Lim adjourned the meeting at 7:20 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on November 18, 2025.
_________________________
City Clerk

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PUBLIC WORKS DEPARTMENT
DATE: NOVEMBER 18, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E. DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: COLIN TSUI, P.E., ASSOCIATE CIVIL ENGINEER SUBJECT: ADOPT RESOLUTION NO. 2025-5956 AUTHORIZING THE SUBMISSION OF THE CITY’S APPLICATION FOR CTFP FUNDING FOR THE

BASTANCHURY ROAD REGIONAL TRAFFIC SIGNAL

SYNCHRONIZATION PROJECT

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2025-5956 authorizing a Comprehensive Transportation Funding Program application for the Bastanchury Road Regional Traffic Signal Synchronization Project.

BACKGROUND
Administered by the Orange County Transportation Authority, the Comprehensive Transportation Funding Program (CTFP) provides regional funding for road improvement projects. Approximately $42 million in Measure M2 funds is to local agencies and OCTA requires agencies to submit a City Council Resolution that commits to funding proposed projects.

DISCUSSION
The Bastanchury Road Regional Traffic Signal Synchronization Project (RTSSP) is a strategic investment in improving regional mobility throughout north Orange County. The signal synchronization improvements will enhance traffic flow, reduce travel times, and decrease vehicle emissions by minimizing idling at intersections.

The project corridor extends approximately 11.4 miles, beginning west of Malvern Avenue in Fullerton and ending at Village Center Drive in Yorba Linda (Attachment 1). The project includes 38 signalized intersections (16 in Yorba Linda - Rose Drive to Village Center Drive).

The CTFP funds would pay for design, construction, and a two-year post-construction monitoring period.

FISCAL IMPACT
The City is required to commit a funding match to be eligible for CTFP funds. The application proposes a 20 percent match. The estimated project cost is approximately $3.2 million split

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R E S O L U T I O N N O . 2 0 2 5 - 5 9 5 6 A U T H O R I Z I N G A C T F P F U N D I N G

A P P L I C A T I O N F O R T H E B A S T A N C H U R Y R O A D R E G I O N A L

T R A F F I C S I G N A L S Y N C H R O N I Z A T I O N P R O J E C T P a g e | 2
between Yorba Linda, Placentia and Fullerton. The portion of the project in Yorba Linda is estimated to cost $1.01 million and the City’s 20 percent match is approximately $200,000 (OCTA will contribute the remaining $810,000).

There is no fiscal impact associated with the recommended action. If OCTA selects the project, a funding recommendation will return to the City Council in spring 2026.

ALTERNATIVES
Do not accept the recommendation which would eliminate the City’s opportunity for OCTA to fund 80 percent of the design and construction costs for the Bastanchury Road corridor traffic signal synchronization.

ATTACHMENTS
Attachment 1 – Project Map
Attachment 2 – Resolution No. 2025-5956

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RESOLUTION NO. 2025-5956

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YORBA LINDA,

CALIFORNIA, APPROVING THE SUBMITTAL OF BASTANCHURY ROAD REGIONAL

TRAFFIC SIGNAL SYNCHRONIZATION PROJECT TO THE ORANGE COUNTY

TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE

TRANSPORTATION PROGRAM
WHEREAS, the City of Yorba Linda desires to implement the transportation improvements listed below; and
WHEREAS, the City of Yorba Linda has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive M2 “Fair Share” funds; and
WHEREAS, the City’s Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways; and
WHEREAS, the City of Yorba Linda will not use M2 funds to supplant Developer fees or other commitments;
WHEREAS, The City must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Measure M2 Ordinance eligibility requirement.

WHEREAS, the City of Yorba Linda will provide a minimum in 20% in matching funds for the Bastanchury Road Regional Traffic Signal Synchronization Project as required by the Orange County Comprehensive Transportation Funding Programs Guidelines; and
WHEREAS, the Orange County Transportation Authority intends to allocate funds for transportation improvement projects, if approved, within the incorporated cities and the County; and
WHEREAS, the City authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the Board of Supervisors/City Council of the City of Yorba Linda, State of California, as follows:

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RESOLUTION NO. 2025 - 5956
PAGE 2
The City Council of the City of Yorba Linda hereby requests the Orange County Transportation Authority allocate funds in the amounts specified in the City’s application to said City from the Comprehensive Transportation Funding Programs. Said funds, if approved, shall be matched by funds from said City as required and shall be used as supplemental funding to aid the City in the improvement of the following street:

Bastanchury Road
PASSED, APPROVED AND ADOPTED by the City Council of the City of Yorba Linda, California on the 18th day of November 2025.
___________________________________

JANICE LIM, 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 )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY, that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 18th day of November 2025, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

A____________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
BS

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ADMINISTRATION DEPARTMENT
DATE: NOVEMBER 18, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PETE GRANT, CITY MANAGER
PREPARED BY: GEOFF SPENCER, PRINCIPAL MANAGEMENT

ANALYST
SUBJECT: APPROVE AMENDMENT NO. 3 TO THE AGREEMENT WITH HF&H

CONSULTANTS FOR ORGANICS RECYCLING SUPPORT

RECOMMENDATION
It is recommended that the City Council approve Amendment No. 3 to the Agreement with HF&H Consultants for state-mandated SB 1383 organics recycling programs, extending the agreement by one year at a cost of $90,000.

BACKGROUND/DISCUSSION
In August 2022, the City Council approved an Agreement for with HF&H Consultants to implement state-mandated SB 1383 organics recycling programs. The City Council has amended the agreement twice. In July 2024, the agreement was extended by two years (with an option for a third year) and increased by $75,000 (not to exceed $155,500). In November 2024, the agreement was amended to conduct a compliance audit Republic Services. Republic Services reimbursed the City for the audit cost of $49,612, which increased the agreement to a not to exceed total of $205,112.

The recommended third amendment is necessary to continue implementation of SB 1383 organics recycling programs. It extends the term by one year (through June 30, 2027) and appropriates an additional $90,000 (not to exceed of $295,112).

FISCAL IMPACT
Sufficient funds are available in Account 1010300-431950 for the amendment.

ALTERNATIVES
Do not approve and direct staff accordingly.

ATTACHMENTS

1. HFH SB 1383 Services Agreement

2. Amendment No. 1

3. Amendment No. 2 (Hauler Audit)

4. Amendment No. 3

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ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (" Agreement") is made and entered into as of August 2, 2022, by and between the CITY OF YORBA LINDA, a municipal organization organized under the laws ofthe State ofCalifornia(" City"), and HF& H Consultants, LLC ( a California Limited Liability Company) (" Consultant").

NOW THEREFORE, the parties hereto agree as follows:

SECTION ONE: SERVICES OF CONSULTANT
One. I Scope of Services. In compliance with all terms and conditions ofthis Agreement, Consultant shall provide those services related to the SB 1383 implementation monitoring, as specified in the" Scope of Services" attached hereto as Exhibit" A" and incorporated herein by this reference ( the" services" or" work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.

One. 2 Changes and Additions to Scope of Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such work shall be undertaken unless a written order is first given by City to Consultant, incorporating therein any adjustment in ( i) the Schedule of Compensation, and/ or( ii) the Schedule of Performance, which adjustments are subject to the written approval of the Consultant. It is expressly understood by Consultant that the provisions of this Section 1. 2 shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefore.

One. 3 Familiarity with Work. By executing this Agreement, Consultant warrants that( a) it has thoroughly investigated and considered the work to be performed, ( b) it has investigated the nature and factual context of the work and fully acquainted itself with the conditions pertaining to it, ( c) it has carefully considered how the work should be performed, and ( d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, and such latent or unknown condition affects Consultant' s ability to perform the Work for the Contract Sum ( as defined in Section 2. 1 below) Consultant shall immediately inform City of such fact and shall not proceed except at Consultant' s risk until written instructions are received from the Contract Officer ( as defined in Section 4.2 hereof).

One. 4 Standard ofPerformance. Consultant agrees that all services shall be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry, and that all goods, materials, equipment or personal property included within the services herein shall be of good quality, fit for the purpose intended. 2284/009410- 1001
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One. 5 Performance to Satisfaction of City. Consultant shall perform all work and tasks comprising the Services to the satisfaction of City within the time specified. If City reasonably determines that any portion of the services is not satisfactory, City shall have the right to take appropriate action, including but not limited to: ( a) meeting with Consultant to review the quality ofthe work and resolve matters of concern; ( b) requiring Consultant to repeat unsatisfactory work at no additional charge until they are satisfactory; ( c) suspending the delivery ofwork to Consultant for an indefinite time; ( d) withholding payment; and( e) terminating this Agreement as hereinafter set forth.

One. 6 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work and services required of Consultant herein without the prior express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of the City. Any such prohibited assignment or transfer shall be void.

SECTION TWO: COMPENSATION
Two. 1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit" A" (the" Scope of Services") in a total amount not to exceed Eighty Thousand Five Hundred Dollars ($ 80, 500) ( the " Contract Sum"), except as provided in Section 1. 2. This total Contract Sum is comprised of a base amount of Seventy Thousand Dollars ($ 70, 000) per the Consultant' s proposal in Exhibit" A" plus a 15% contingency ofTen Thousand Five Hundred Dollars($ 10, 500) to be utilized solely at the discretion of the City in accordance with Section 1. 2. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant' s rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement at Consultant' s actual cost, without additional overhead or services charge, for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

Two. 2 Method of Payment. Unless otherwise provided in the Schedule of Compensation, Consultant shall submit to City no later than the tenth ( 10th) working day of each month, in the form approved by City, an invoice for services rendered prior to the date of the invoice. Such invoice shall ( I) describe in detail the services provided, including time and materials, and ( 2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms ofthis Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than forty-five ( 45) days after invoices are received by the City.

SECTION THREE: PERFORMANCE SCHEDULE
Three. 1 Time of Essence. Time is of the essence in the performance of this Agreement.
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Three. 2 Schedule ofPerformance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit" A" (the" Scope of Services"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer.

Three. 3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or ofthe public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten 10) days ofthe commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.

Three. 4 Term. The term ofthis agreement shall commence on August 2, 2022 and terminate on August 1, 2024 ( initial term). This agreement may be extended upon mutual agreement by both parties( extended term). Unless earlier terminated in accordance with Sections

7. 11 or 7. 12 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance.

SECTION FOUR: COORDINATION OF WORK
Four. 1 Representative of Consultant. Laith Ezzet, Senior Vice President, is hereby designated as the principal representative of the Consultant, authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith.

A substitution ofthe designated representative must be approved in advance by the City.

Four. 2 Contract Officer. The Contract Officer shall be David Christian, Assistant City Manager or such other person as may be designated by the City Manager of City. It shall be Consultant' s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

SECTION FIVE: INSURANCE AND INDEMNIFICATION
Five. 1 Without limiting Consultant' s indemnification obligations, Consultant shall not undertake the services contemplated hereunder until Consultant has obtained all of the insurance required herein from a company or companies acceptable to City, and Consultant shall maintain all such insurance in full force and effect at all times during the term of this License and any extension or renewal thereof. Insurance shall be placed with insurers having a current A.M. Best rating of no less than A-:VII or equivalent or as otherwise approved by City.

Five. 2 Consultant shall take out and maintain the following insurance:
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Five. 2. 1. Workers' Compensation and Employer' s Liability Insurance:

Consultant shall cover or insure as required by applicable laws relating to workers' compensation insurance all of its employees performing the services contemplated hereunder, in accordance with the " Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Consultant shall provide worker' s compensation insurance and employer' s liability insurance with limits not less than One Million Dollars 1, 000, 000) each occurrence, One Million Dollars ($ 1, 000, 000) disease policy limit, and One Million Dollars ($ 1, 000, 000) disease each employee. Such policy of workers compensation insurance shall contain the following separate endorsements:
a) " Insurer waives all rights of subrogation against the City of Yorba Linda, its officers, directors, employees, representatives and volunteers." b) " This insurance policy shall not be suspended, voided, reduced in coverage or in limits, cancelled, limited, non- renewed or materially changed for any reason by the insurer until thirty ( 30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, limitation or reduction of coverage." Five.2. 2. Commercial General Liability Insurance providing coverage in the following minimum limits:
a) Combined single limit of One Million Dollars ($ 1, 000, 000) per occurrence for Bodily Injury, Personal Injury or Death and Property. b) Damage Coverage shall be at least as broad as Insurance Services Office( ISO) Commercial General Liability coverage ( occurrence Form CG 0001). c) If Commercial General Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/ location ( with the ISO CG 2503 or ISO CG 2504, or insurer' s equivalent endorsement provided to City), or the general aggregate limit shall be twice the required occurrence limit.

Five. 2. 3. Comprehensive Automobile Liability Insurance, including owned, non-owned, leased, hired, and borrowed automobiles and similar vehicles, providing the following minimum limits:
a) Combined single limit of One Million Dollars ($ 1, 000, 000) per occurrence for Bodily Injury or Death and Property Damage. b) Coverage shall be at least as broad as Insurance Services Office ISO) Business and Auto Coverage( Form CA 0001) covering any auto.

Five. 2. 4. Professional Liability: Consultant shall provide coverage appropriate to the Consultant' s profession covering Consultant's wrongful acts, negligent actions, errors or omissions. The retroactive date ( if any) is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the contract work. Consultant shall purchase a one- year extended 2284/ 009410- 1001
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reporting period i) ifthe retroactive date is advanced past the effective date ofthis Agreement; ii) if the policy is canceled or not renewed; or iii) ifthe policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date ofthis Agreement. The limits shall be no less than $ 1, 000,000 per claim and annual aggregate.

Five. 3 Endorsements: The policies of liability insurance provided for in Paragraphs 5. 2.2 through 5. 2.4 shall specify that this specific Agreement is insured and that coverage for injury to participants resulting from Consultant's activities is not excluded, and shall be in a form satisfactory to City and contain the following separate endorsements:
a) " The City of Yorba Linda, its officers, directors, employees, representatives and volunteers, are declared to be additional insureds on all of the above policies with respects to the operations and activities of the named insured at or from the premises ofthe City of Yorba Linda. The coverage shall contain no special limitations on the scope of protection afforded to the City of Yorba Linda, its officers, directors, employees, representatives and volunteers."
b) " This insurance policy shall not be suspended, voided, reduced in coverage or in limits, canceled, limited, non- renewed, or materially changed for any reason until thirty ( 30) days after receipt by the City of Yorba Linda of a written notice of such cancellation, limitation or reduction of coverage."
c) " This insurance policy is primary insurance and no insurance held or owned by the designated additional insureds shall be called upon or looked to cover a loss under said policy; the City of Yorba Linda shall not be liable for the payment of premiums or assessments on this policy."
d) " Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Yorba Linda, its officers, directors, employees, representatives, or volunteers." e) " This insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability." Five. 4 Evidence of Coverage: Consultant shall at the time of the execution of the Agreement present to City the original policies of insurance required by this Section 5 or a certificate ofthe insurance, with separate endorsements( Insurance Services Office Form CG 2026, or equivalent), showing the issuance of such insurance and the additional insured and other provisions and endorsements required herein and copies ofall endorsements signed by the insurer' s representative. All policies shall contain the Consultant' s name and location of the Premises on the certificate. At least thirty( 30) days prior to the expiration of any such policy, a signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with City. Consultant' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.

Five. 5 Review of Coverage: City shall have the right at any time to review the coverage, form, and limits ofinsurance required under this Agreement. If, in the sole and absolute discretion 2284/ 009410- 1001
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of City, the insurance provisions in this Agreement do not provide adequate protection for City, City shall have the right to require Consultant to obtain insurance sufficient in coverage, form and limits to provide adequate protection and Consultant shall promptly comply with any such requirement. City's requirements shall not be unreasonable, but shall be adequate in the sole opinion ofCity to protect against the kind and extent of risks which may exist at the time a change of insurance is required, or thereafter.

Five.6 Deductibles: My and all deductibles must be declared and approved by City prior to execution of this Agreement.

Five.7 Agreement Contingent Upon Coverage: Notwithstanding any other provision of this Agreement, this Agreement shall be null and void at all times when the above- referenced original policies of insurance or Certificate of Insurance or Renewal Certificates or Endorsements are not on file with City.

Five. 8 Workers' Compensation Insurance. By his/ her signature hereunder, Consultant certifies that he/ she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and he/ she will comply with such provisions before commencing the performance of the work of this Agreement. To the extent required by law, Consultants and subcontractors will keep Workers' Compensation Insurance for their employees in effect during all work covered by this Agreement. In the event Consultant has no employees requiring Consultant to provide Workers' Compensation Insurance, Consultant shall so certify to the City in writing prior to the City' s execution of this Agreement. The City shall not be responsible for any claims in law or equity occasioned by failure ofthe Consultant to comply with this section or with the provisions of law relating to Worker' s Compensation.

Five.9 Indemnification. Consultant shall indemnify, defend, and hold City and City' s agents, officers, and employees (" City Personnel") harmless from and against any and all actions, suits, claims, demands, judgments, attorney' s fees, costs, damages to persons or property, losses, penalties, obligations, expenses or liabilities( herein " claims" or " liabilities") that may be asserted or claimed by any person or entity arising out ofthe negligence, recklessness, or willful misconduct of Consultant, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, whether or not there is concurrent active or passive negligence on the part of City and/ or City Personnel, but excluding such claims or liabilities arising from the sole active negligence or willful misconduct of City or City Personnel. In connection therewith:

Five. 9. 1. Consultant shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorney' s fees incurred in connection therewith.

Five. 9. 2. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities.

Five. 9. 3. In the event City and/ or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such damages or other claims arising out of or in 2284/ 009410- 1001
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connection with the negligence, recklessness, or willful misconduct ofConsultant, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorney' s fees and expert witness fees.

SECTION SIX: RECORDS, REPORTS AND INTELLECTUAL PROPERTY.

Six. I Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant' s performance of the services required by this Agreement as the Contract Officer shall require.

Six.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

Six.3 Ownership of Documents and Data. All original drawings, specifications, reports, records, data, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby.

Six.4 Intellectual Property and Proprietary Information.

Six.4. 1. Proprietary Information. All proprietary information developed specifically for City by Consultant in connection with, or resulting from, this Agreement, including but not limited to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material, or software programs, but not including Consultant' s underlying materials, software, or know-how, shall be the sole and exclusive property of City, and are confidential and shall not be made available to any person or entity without the prior written approval of City.

Consultant agrees that the compensation to be paid pursuant to this Agreement includes adequate and sufficient compensation for any proprietary information developed in connection with or resulting from the performance of Consultant' s services under this Agreement. Consultant further understands and agrees that full disclosure of all proprietary information developed in connection with, or resulting from, the performance of Services by Consultant under this Agreement shall be made to City, and that Consultant shall do all things necessary and proper to perfect and maintain ownership of such proprietary information by City.

Six.4. 2. Reproduction Rights. Any and all patents and copyrights that arise from the services or the creation of work in carrying out this Agreement shall be vested in City, and Consultant hereby agrees to relinquish all claims to such copyrights in favor of City. 2284/ 009410- 1001
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Six. 4. 3. Use of Patented Materials. Consultant shall assume all costs arising from the use ofpatented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used or incorporated in the Services performed by Consultant under this Agreement. Consultant shall indemnify, defend, and save City harmless from any and all suits, actions or proceedings of every nature for or on account of the use of any patented or copyrighted materials.

SECTION SEVEN: RELEASE OF INFORMATION/CONFLICTS OF INTEREST.

Seven.! Confidentiality. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City' s prior written authorization. Consultant, its officers, employees, agents, or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered " voluntary" provided Consultant gives City notice of such court order or subpoena.

Seven. 2 Release ofConfidential Information. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City' s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

Seven. 3 Conflicts of Interest Prohibited. Consultant covenants that neither he/ she nor any officer or principal oftheir firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor.

Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer( s) and/ or property owner( s) and/ or firm( s) and/ or partnership( s) owning property in the City or the study area and further covenants and agrees that Consultant and/ or its subcontractors shall provide no service or enter into any agreement or agreements with a/ any developer( s) and/ or property owner( s) and/ or firm( s) and/ or partnership( s) owning property in the City or the study area prior to the completion of the work under this Agreement.

Seven. 4 Covenant Against Contingent Fee. Consultant covenants that neither it nor any of its officers, employees, agents or representatives employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement. Consultant further covenants that neither it nor any of its officers, employees, agents 2284/ 009410- 1001
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or representatives has paid or agreed to pay any company or person, other than a bona fide employee of Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this provision, City shall have the right to annul this agreement without liability, or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.

SECTION EIGHT: LEGAL RELATIONS AND RESPONSIBILITIES.

Eight.] Compliance with Law. Consultant shall keep itself fully informed of all existing and future state and federal laws and all county and city ordinances and regulations which in any manner affect those employed by it or in any way affect the performance of services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations and shall be responsible for the compliance of all work and services performed by or on behalfof Consultant.

Eight.2Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance ofthe services required by this Agreement.

Eight. 3 Covenant Against Discrimination. The Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against, or segregation of,any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.

Eight.4 Independent Contractor. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise, or a joint venturer, or a member of any joint enterprise with Consultant. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Neither Consultant nor any of Consultant' s employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from City; and neither Consultant nor any of its employees shall be paid by City time and one- half for working in excess of forty ( 40) hours in any one week. City is under no obligation to withhold State and Federal tax deductions from Consultant' s compensation.

Neither Consultant nor any of Consultant' s employees shall have any property right to any position, or any ofthe rights an employee may have in the event oftermination ofthis Agreement.

Eight. 5Non- liability of City Officers and Employees. No officer or employee ofthe City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount that may become due to the Consultant or to its successor, or for breach of any obligation ofthe terms ofthis Agreement. 2284/ 009410- 1001
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Eight. 6California Law. This Agreement shall be construed and interpreted both as to validity and to performance ofthe parties in accordance with the laws ofthe State of California.

Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court ofthe County of Orange, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

Eight. 7 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor.

The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten ( 10) days of service of such notice and completes the cure of such default within forty- five( 45) days after service ofthe notice, or such longer period as may be permitted by the Contract Officer; provided that ifthe default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination ofthis Agreement for cause and to any legal action, and such compliance shall not be a waiver of.any party' s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 8. 11.

Eight. 8 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement.

Eight. 9 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver.

City' s consent or approval of any act by Consultant requiring City' s consent or approval shall not be deemed to waive or render unnecessary City' s consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision ofthis Agreement.

Eight. 10 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

Eight. 11 Termination Prior To Expiration of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8. 12 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon ten ( 10) days' written notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 8. 8. 2284/ 009410- 1001
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Eight. 12 Termination for Default of Consultant. Iftermination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8. 7, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated ( provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 8. 8.

Eight. 13 Attorney' s Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney' s fees, whether or not the matter proceeds to judgment.

Eight. l4 Safety. The Consultant shall execute and maintain his/ her work so as to avoid injury or damage to any person or property. The Consultant shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out his/ her work, the Consultant shall at all times exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed, and be in compliance with all applicable federal, state and local statutory and regulatory requirements including California Department of Industrial Relations( Cal/OSHA) regulations; and the U.S. Department ofTransportation Omnibus Transportation Employee Testing Act.

Eight. 15 Compliance with California Unemployment Insurance Code Section 1088. 8. IfConsultant is a sole proprietor, then prior to signing the Agreement, Consultant shall provide to City a completed and signed Form W- 9, Request for Taxpayer Identification Number and Certification. Consultant understands that pursuant to California Unemployment Insurance Code section 1088. 8, City will report the information from Form W- 9 to the State of California Employment Development Department, and that the information may be used for the purposes of establishing, modifying, or enforcing child support obligations, including collections, or reported to the Franchise Tax Board for tax enforcement purposes.

Eight. 16 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,(" Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on " public works" and " maintenance" projects. If the services are being performed as part of an applicable " public works" or maintenance" project, as defined by the Prevailing Wage Laws, and ifthe total compensation is 1, 000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out ofany failure or alleged failure to comply with the Prevailing Wage Laws.

Eight. 17 Unauthorized Use of City' s Name. Except as required by law or with the prior written consent ofCity( which consent may be withheld in city' s sole and absolute discretion), 2284/ 009410- 1001
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Consultant shall not use City's name, seal or logo in any marketing materials, magazine, trade paper, newspaper, television or radio production or other similar medium, nor shall Consultant state, imply or in any way represent to any third party that City has endorsed or approved Consultant or any of its services or products.

SECTION NINE: MISCELLANEOUS
Nine. 1 Notices. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first- class mail to the address set forth below. Either party may change its address by notifying the other party ofthe change of address in writing. Notices personally delivered or delivered by a document delivery service shall be effective upon receipt.

Notices delivered by mail shall be effective at 5: 00 p.m. on the second calendar day following dispatch.

To City: CITY OF YORBA LINDA
Attention: David Christian
4845 Casa Loma Avenue
Yorba Linda, CA 92886
To Consultant: HF& H CONSULTANTS, LLC
Attention: Laith Ezzet
19200 Von Kaman Avenue, Suite 360
Irvine, CA 92612
Nine.2 Interpretation. The terms ofthis Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement.

Nine.3 Integration: Amendment. This Agreement contains the entire understanding of the parties herein and supersedes any and all other written or oral understandings as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. No amendment, change or modification ofthis Agreement shall be valid unless in writing, stating that it amends, changes or modifies this Agreement, and signed by all the parties hereto.

Nine.4 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or inability to enforce shall not affect any ofthe remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent ofthe parties hereunder unless the invalid provision is so material that its invalidity deprives either party ofthe basic benefit of their bargain or renders this Agreement meaningless.

Nine. 5 Authority. The persons executing this Agreement on behalf ofthe parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties.

Nine.6 Statutory References. All references in this Agreement to particular statutes, regulations, ordinances, or resolutions ofthe United States, the State of California, or the County 2284/ 009410- 1001
10434958. 1 a07/ 29/ 22 12-

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of Orange shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or ifrepealed, to such other provisions as may thereafter govern the same subject.

Nine. 7 Special Provisions. Any additional or supplementary provisions or modifications or alterations ofthis Agreement shall be set forth in Exhibit" D"(" Special Provisions"). In the event of any discrepancy between the provisions of this Agreement and the Special Provisions, Special Provisions shall take precedence and prevail.

SIGNATURES BEGIN ON NEXT PAGE]
2284/ 009410- 1001
10434958. 1 a0729/ 22 13-

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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first written above.

CITY: CONSULTANT:

CITY OF YORBA LINDA HF& H CONSULTANTS, LLC
By: By:

Its: City Manager Name: Laith Ezzet
Title: Senior Vice President
ATTEST:

By: Men OA CI t f Z t tr---
Marcia Brown, City Clerk

APPROVED AS TO FORM

RUTAN & TUCKER, LLP
By: leccid 49/ 41010
City Attorney, City of Yorba Linda
2284/ 009410- 1001
10434958. 1 808/ 02/ 22 14-

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EXHIBIT A

SCOPE OF SERVICES
IN I Li\ 110A.ALLY I_ I 1- i BI ANi<
2284/ 009410- 1001
10434958. 1 407/ 29/ 22 15-

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EXHIBIT A
Managing Tomorrow' s Resources Today
19200 Von Karman Avenue, Suite 360 Robert D. Hilton, Emeritus Irvine, California 92612
John W. Farnkopf, PE
Telephone:( 949) 251- 8628 Laith R. Ezzet, CMC
Fax:( 949) 251- 9741
Richard J. Simonson, CMC
www. hfh- consultants. com
Marva M. Sheehan, CPA
Robert C. Hilton, CMC
January 26, 2022
Ms. Colleen Callahan
Project Manager
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Re: Proposal to Provide Solid Waste Consultant Services Dear Ms. Callahan:

HF& H Consultants ( HF& H) is pleased to submit this proposal to the City of Yorba Linda ( City) to provide solid waste consultant services. HF& H has a long history of successfully providing these services to jurisdictions throughout California since 1989.

We believe that HF& H brings the following qualifications and benefits to the City:

1. We are an industry recognized thought-leader in environmental strategic planning, goal setting, policy development and program implementation. Clients of HF& H receive innovative and pragmatic solid waste and recycling plans that have been developed with decade' s worth of diverse experience.

Our pioneer role in the zero- waste planning field, assisting communities such as the cities of San Diego, Santa Monica, and Livermore, and the County of San Diego, has provided us with an unmatched menu of services and programs, as well as unrivaled implementation experience. This range of experience allows us to develop both short and long-term goals that meet the specific needs of our clients, while maintaining a realistic understanding of the impacts on client costs and diversion.

2. HF& H is regarded as the industry expert for SB 1383 compliance. In 2019, CalRecycle engaged HF& H to develop a stakeholder input group and create Model SB 1383 Implementation Tools and Guidance.

These model tools were developed to support jurisdictions and other regulated entities across the state with implementing programs and policies to reach compliance with SB 1383 regulations. The model tools include a Model Enforcement Ordinance, Model Procurement Policy, Model Franchise Agreement, and Model Food Recovery Agreement. In total, HF& H has worked with over 70 communities throughout California, representing over 7 million residents, continuously adapting compliance to fit a variety of real-world conditions. Our range of experience supporting California jurisdictions with SB 1383 includes, but is not limited to, strategic planning, cost modeling, sole source and competitive procurements, ordinance development, and engagement in the regulatory process.

3. We identify the individual needs of our clients. At HF& H we partner with key stakeholders, including City Council, City staff, residents, and other applicable parties, to set measurable, achievable goals.

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Managing Tomorrow' s Resources Today
Ms. Callahan
January 19, 2022

Page 2 ends

The purpose of these goals is to meet the specific needs of the community and achieve regulatory compliance while minimizing the financial impact on ratepayers. Again, our experience has helped us develop a vast array of facilitation methods, including online surveys, webinars, live streams, and council workshops. HF& H staff includes SWANA and CRRA certified zero waste instructors.

4. HF& H does not provide solid waste consulting services to waste haulers. HF& H exclusively provides consulting services to municipalities for the better interest of our clients and to avoid potential conflicts of interest that may arise in firms that attempt to serve public agencies and haulers. We believe this independence is particularly important for objective proposal evaluation and effective negotiations during the procurement of a solid waste services agreement. Additionally, our municipal focus ensures that we are aware of the unique requirements of public officials.

Thank you for the opportunity to provide you with this information. We look forward to an opportunity to continue our partnership with the City. If you have any questions, please contact Haley Kunert at hkunert@hfh- consultants. com.

Very truly yours,

HF& H CONSULTANTS, LLC
j
atti
Laith Ezzet, C C Haley Kunert
Senior Vice President Project Manager

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City of Yorba Linda Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services SECTION 1: SCOPE OF WORK
The City has requested HF& H to assist it with its SB 1383 compliance activities on as- needed basis. Below are examples of the types of assistance that HF& H can provide to the City, subject to mutual agreement on the specific tasks and timing.

Task 1: Attend Meetings with Republic
HF& H may attend virtual monthly meetings with City staff and Republic to discuss Republic' s progress implementing SB 1383 programs and discuss the success of current programs.

Task 2: Coordinate, Promote, and Monitor Recycling Programs HF& H can provide public education support for recycling programs to increase the diversion rates in the City. HF& H can review the reported results of commercial/ multi-family and the single- family recycling programs based on hauler reports. We can also review drafts and provide comments on outreach materials prepared by the City or Republic to ensure compliance with the SB 1383 outreach requirements.

Task 3: Provide Report Templates
HF& H is developing SB 1383 compliant reporting forms for hauler use. HF& H can provide these forms for use by the hauler to ensure the City receives the required reports in a timely matter and in a format that is adequate for compliance.

Task 4: 58 1383 Assistance
In addition to the SB 1383 compliance tasks included in previous tasks, HF& H can assist, if requested by City staff, with items that may arise during the periodic hauler meetings related to SB 1383 including reviewing current programs for additional SB 1383 gaps, developing internal City protocols for compliance, and monitoring the implementation and roll- out of new programs and protocols required under SB 1383.

Task 5: Make Presentations as Requested
HF& H regularly prepares presentations to city councils for our clients and conducts study sessions. HF& H has prepared presentations to city councils on topics such as, Mandatory Commercial Recycling, Mandatory Commercial Organics, municipal code updates, and SB 1383. At the request of the City, HF& H can prepare for and participate in presentations to the City Council of Yorba Linda.

Task 6: CalRecycle Electronic Annual Report( EAR) and Liaison Assistance HF& H can assist the City in reviewing and providing comments on Republic' s initial draft of the City' s EAR for submittal to CalRecycle. HF& H can also assist the City by responding to questions from CalRecycle, preparing for, and participating in the annual conference calls and meetings with CalRecycle.

Task 7: General Support
HF& H can provide additional support to the City of Yorba Linda as may be necessary. HF& H can prepare memos, staff reports, and general correspondence. We have a database full of correspondence and related client documents to utilize for the City' s advantage including documents related to planning, department protocols, informing staff related to SB 1383, and other solid waste programmatic needs.

HF& H can be available to the City of Yorba Linda to address issues as they arise with a telephone call, email, or a requested meeting.

January 26, 2022 Page 3 HF& H Consultants, LLC

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City of Yorba Linda Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services SECTION 2: FEE PROPOSAL
We understand that the City plans to fund our consulting services through the SB 1383 grant that the City anticipates receiving.

We will perform the scope of work based on time and materials, up to the limit of the available budget.

We understand the City' s anticipated budget for these services is$ 70, 000 for a period of up to two years.

We will bill the City once per month based on the number of hours worked and expenses incurred.

Payment is due within 30 days of invoicing. Hourly rates are shown below.

Professional Fees
Hourly rates for professional and administrative personnel through December 31, 2022, are as follows and will adjust by 3% each January 1 thereafter:

Position Rate
Executive 300-$ 315
Senior Project Manager 285-$ 295
Project Manager 240-$ 250
Senior Associate 210-$ 225
Associate Analyst 160-$ 170
Assistant Analyst 145-$ 150
Administrative Staff 110-$ 120
Direct Expenses
Standard charges for common direct expenses are as follows:

Automobile Travel Prevailing IRS mileage rate
Airfare and Public Transit Actual Cost
Postage, overnight mail, couriers, and other out-of-pocket costs Actual cost January 26, 2022 Page 4 HF& H Consultants, LLC

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CITYof YORBA LINDA
AMENDMENT NO. 2 TO
HF8 H PROFESSIONAL SERVICES AGREEMENT FOR SB 1383 IMPLEMENTATON

ASSISTANCE AND CONTRACT MONITORING
This is Amendment No. 2 (" Amendment No. 2") to that certain Agreement for Contract Services (" Agreement") made on August 2, 2022, by and between the City of Yorba Linda City") and HF& H Consultants, LLC (" ConsultanY'), which this Amendment No. 2 is made and entered into on November 5, 2024, to allow for additional compensation for consultant's provision of additional project services related to solid waste and recycling contract management.

1. Capitalized terms used but not defined in this Amendment No. 2 shall have the meanings ascribed to them in the Agreement.

2. Section 1. 1 " Scope of Services" is amended to provide updated task descriptions of consultant' s ongoing services for the extended term, and is revised to read as follows:
1_ 1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to SB 1383 implementation assistance and contract monitoring, as specified in the " Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference the "services" or" work"). Exhibit A, "Scope of Services" is supplemented to include the supplement attached as Exhibit A- 4 " Triennial Compliance Review Project" hereto. The supplement to the "Scope of Services" is not intended to replace the original Exhibit A to the Agreement, but instead to update the scope of work listed in the original Exhibit A to the Agreement. Consultant warrants that all services will be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry for such services

3. Section 2. 1 " Contract Sum" is amended to read as follows, increasing the compensation of the Agreement to provide Forty- Nine Thousand Six Hundred Twelve Dollars 49 612) for additional services, increasing the total not-toexceed Agreement amount to Two Hundred Five Thousand One Hundred Twelve Dollars ($ 205,112. 00), as delineated in Exhibit A- 5, attached hereto:

Two. 1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit " A" ( the " Scope of Services") in a total amount not to exceed two hundred five thousand one hundred finrelve dollars ($ 205, 112. 00) ( the " Contract Sum"), except as provided in Section

1. 2. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the CITYof YORBA LINDA
AMENDMENT NO. 2

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percentage of completion of the services, payment for time and materials based upon Consultant' s rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation.

Compensation may include reimbursement at Consultant' s actual cost, without additional overhead or services charge, for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

5. All other terms and conditions of the Agreement remain in full force and effect.

6. This Amendment No. 2 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

Signatures on Following Page)
CITYof YORBA LINDA
AMENDMENT NO. 2

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IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.

CITY: CONSULTANT:

CITY OF YORBA LINDA HF8 H CONSULTANTS, LLC
By: By:

MARK A. PULONE Name: Laith Ezzet
CITY MANAGER Title: Senior Vice President
ATTEST:

Marcia Brown
City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER LLC
Todd Litfin
City Attorney
CITYof YORBA LINDA
L
AMENDMENT NO. 2

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IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.

CITY: CONSULTANT:

CITY OF YORBA LINDA HF& H CONSULTANTS, LLC
By' gY: ` ;, ,'
t.,/ '
F ,
f
MARK A. PULONE Name: Laith Ezzet
CITY MANAGER Title: Senior Vice President
ATTEST:
1 . u .. t,;,
Marcia Brown
City Clerk
APPROVED AS TO FORM: e

RUTAN & TUCKER LLC
Todd ' in
City Attorney
f
f
p,-.,.,

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EXHIBIT " A- 5"
Contract Compensation Table
Compensation for Original Agreement, and Amendments are listed in the table below for reference and tabulation purposes only.

Amendment No. TERM AMOUNT
Auqust 2, 2022— Auqust 1, 2024
A Ori inal A reement 2- Years 80 500
July 16. 2024— June 30, 2026
A> Amendment NO. 1 2- ears with o tional 1- ear extension 75 000 Term: Same as Amendment No. 1
A Amendment NO. 2 Adds 49 612. 00 to Contract Sum 49 612. 00 Not- to- Exceed Aqreement Total
Compensation= 205, 112. 00
CITYof YORBA LINDA
AMENDMENT NO. 2

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Amendment
No. 3

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AMENDMENT NO. 3
AMENDMENT NO. 3 TO
HF&H PROFESSIONAL SERVICES AGREEMENT FOR SB 1383 IMPLEMENTATON

ASSISTANCE AND CONTRACT MONITORING
This is Amendment No. 3 (“Amendment No. 3”) to that certain Agreement for Contract Services (“Agreement”) made on August 2, 2022, by and between the City of Yorba Linda (“City”) and HF&H Consultants, LLC (“Consultant”), which this Amendment No. 3 is made and entered into on November 18, 2025, to allow for additional compensation for consultant’s provision of additional project services related to solid waste and recycling contract management.

1. Capitalized terms used but not defined in this Amendment No. 3 shall have the meanings ascribed to them in the Agreement.

2. Section 2.1 “Contract Sum” is amended to read as follows, increasing the compensation of the Agreement to provide Ninety Thousand Dollars ($90,000) for continued services, increasing the total not-to-exceed Agreement amount to Two Hundred Ninety-Five Thousand One Hundred Twelve Dollars ($295,112.00), as delineated in Exhibit A-6, attached hereto:

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit “A” (the “Scope of Services”) in a total amount not to exceed two hundred ninety-five thousand one hundred twelve dollars ($295,112.00) (the “Contract Sum”), except as provided in Section 1.2. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement at Consultant's actual cost, without additional overhead or services charge, for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

3. Section 3.4 “Term” is amended to read as follows, exercising the optional third year extension of the contract term modified in Amendment No. 1, which will conclude on June 30, 2027:

3.4 Term. The term of this Agreement shall commence on August 2, 2022, and terminate on June 30, 2027. Unless earlier terminated in accordance with Section

8.11 or 8.12 of this Agreement, this Agreement shall continue in full force and effect

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AMENDMENT NO. 3
until completion of the services, except as otherwise provided in the Schedule of Performance.

4. All other terms and conditions of the Agreement remain in full force and effect.

5. This Amendment No. 3 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. (Signatures on Following Page)
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.

CITY: CONSULTANT:

CITY OF YORBA LINDA HF&H CONSULTANTS, LLC
By: By:
________________________ ________________________
PETER GRANT Name: Laith Ezzet
CITY MANAGER Title: Senior Vice President
ATTEST:
________________________
Marcia Brown
City Clerk
APPROVED AS TO FORM:

RUTAN & TUCKER LLC
________________________
Todd Litfin
City Attorney

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AMENDMENT NO. 3
EXHIBIT “A-6”
Contract Compensation Table
Compensation for Original Agreement, and Amendments are listed in the table below for reference and tabulation purposes only.

Amendment No. TERM AMOUNT
(A) Original Agreement
August 2, 2022 – August 1, 2024
(2-Years) $80,500
(A) Amendment NO. 1
July 16, 2024 – June 30, 2026
(2-years with optional 1-year extension
to June 30, 2027) $75,000
(A) Amendment NO. 2
Term: Same as Amendment No. 1
(Adds $49,612.00 to Contract Sum) $49,612.00
(A) Amendment NO. 3
Term: exercises optional one year
extension, concludes June 30, 2027
(Adds $90,000.00 to Contract Sum -
Funds already appropriated) $90,0000
Not-to-Exceed Agreement Total
Compensation= $295,112.00

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PUBLIC WORKS DEPARTMENT
DATE: NOVEMBER 18, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: RICK YEE, P.E., DEPUTY PUBLIC WORKS DIRECTOR SUBJECT: CONTINUANCE OF EMERGENCY PROCLAMATION REGARDING

CRITICAL STORM DRAIN REPAIR FOR LEMON AND IMPERIAL

HIGHWAY STORM DRAIN

RECOMMENDATION
It is recommended that the City Council:

1. Affirm the November 4, 2025 Local Emergency Proclamation and determine that the need for the Local Emergency Proclamation still exists by adopting Resolution No. 2025-5958; and,

2. Transfer $350,000 to the Lemon Drive and Imperial Highway Emergency Storm Drain Repair Project utilizing savings from the Lakeview Avenue Widening Project; and,

3. Authorize the City Manager to conduct necessary emergency procurement procedures, including award of a construction contract, in an amount not to exceed $550,000; and,

4. Direct staff to provide updates at City Council meetings regarding the emergency conditions.

BACKGROUND
The City Manager, acting as the Director of Emergency Services, issued a Proclamation of the Existence of a Local Emergency on October 29, 2025. The City Council ratified that proclamation (Resolution No. 2025-5955) on November 4, 2025, and is required to affirm the ratification at each meeting thereafter (until the repair is complete) to utilize emergency purchasing procedures established in the Municipal Code, California Uniform Public Construction Cost Accounting Act, and Public Contract Code.

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C O N T I N U A N C E O F E M E R G E N C Y P R O C L A M A T I O N R E G A R D I N G C R I T I C A L

S T O R M D R A I N R E P A I R F O R L E M O N A N D I M P E R I A L H I G H W A Y

S T O R M D R A I M
P a g e | 2

DISCUSSION
Following the City Council’s ratification of the Emergency Proclamation, Public Works has developed a project scope and the storm drain repair and associated improvements are estimated to cost $550,000.

FISCAL IMPACT
$200,000 has been appropriated for the Lemon Drive and Imperial Highway Emergency Storm Drain Repair Project. The remaining $350,000 can be funded with savings from Lakeview Avenue Widening Project.

ALTERNATIVES
The City Council may elect not to approve the recommended action. However, that would significantly limit the City’s ability to resolve the emergency and repair storm drain in a timely manner.

ATTACHMENTS
Attachment 1 – Resolution No. 2025-5958
Attachment 2 – Emergency Proclamation CM

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RESOLUTION NO. 2025-5958

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YORBA

LINDA, CALIFORNIA, RATIFYING EMERGENCY PROCLAMATION DUE

TO EMERGENCY EVENT
The City Council of the City of Yorba Linda does hereby resolve as follows:

WHEREAS, Section 2.32.050 of the Yorba Linda Municipal Code designates the City Manager as the City’s Director of Emergency Services; and WHEREAS, Section 2.32.060(A)(1) of the Yorba Linda Municipal Code empowers the Director of Emergency Services, to request the City Council to proclaim the existence of a Local Emergency if the Council is in session, or to issue such proclamation if the Council is not in session; and
WHEREAS, conditions of extreme peril to the safety of persons has arisen in the City of Yorba Linda due to an unstable subsurface condition resulting from a compromised underground storm drain pipe. This condition presents a potential hazard to motorists and pedestrians at the intersection of Imperial Highway and Lemon Drive (“Emergency Event”); and
WHEREAS, the City’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully responding to the Emergency Event;
WHEREAS, the Director of Emergency Services believes and has concluded that the above-described conditions of extreme peril warrant a proclamation of local emergency; and accordingly proclaimed and declared the existence of a local emergency on October 29, 2025; and
WHEREAS, Section 2.32.060(A)(1) requires the City Council to ratify the decision of the Director of Emergency Services within seven (7) days thereafter or the proclamation shall have no further force or effect; and
WHEREAS, the City Council of the City of Yorba Linda agreed with and affirmed and ratified the decision of the Director of Emergency Services; and NOW, THEREFORE, the City Council of the City of Yorba Linda does hereby resolve, order and determine as follows:

Section 1. The Emergency Proclamation made by the Director of Emergency Services on October 29, 2025, and ratified by the City Council on November 4, 2025, attached hereby ratified.

Section 2. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Yorba Linda, California on the 18th day of November, 2025.

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R E S O L U T I O N N O . 202 5 - 5 9 5 8
P A G E 2

_____________________________

JANICE LIM, 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 )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City of Yorba Linda held on the 18th day of November, 2025 and was carried by the following roll call vote:
____________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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ADMINISTRATION DEPARTMENT
DATE: NOVEMBER 18, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PETER GRANT, CITY MANAGER
PREPARED BY: ARLENE QUINTERO, PRINCIPAL RISK AND SAFETY

ANALYST
SUBJECT: DENIAL OF CLAIMS FOR DAMAGES

RECOMMENDATION
It is recommended that the City Council of the City of Yorba Linda deny the claims for damages filed by Mitchell Quintana, Paige Porter, Jonathan Jesus Garcia and William Gaskill.

BACKGROUND
Claims for damages filed against the City are reviewed and investigated by staff and George Hills Company, Inc., which specializes in claims management and risk management services. These services are provided through the City’s membership in the California Insurance Pool Authority. Recommendations to settle/deny the claims are based on investigatory findings.

DISCUSSION
The following claims for damages are recommended for denial. Further details for each claim are available on request.

Mitchell Quintana
The claimant alleges vehicle damage from a pothole near Fairmont Boulevard and Paseo De Las Palomas on August 26, 2025. Public Works inspected the location and identified no existing or recently repaired potholes and no prior reports before or after the date of loss.

Under Government Code §835, public entity liability requires that the condition be created by the entity’s employee or that the entity had actual or constructive notice and a reasonable opportunity to correct it; neither element is supported by the investigation.

Paige Porter
The claimant alleges tire and rim damage to the left side of the vehicle after driving over yellow speed bumps near La Palma Avenue and Via Lomas Drive, stating that she swerved

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DENIAL OF CLAIMS FOR DAMAGES
P a g e | 2
into the center lane to avoid a collision. The subject roadway devices function as intended traffic-control features and do not constitute a dangerous condition of public property under Government Code §830(a).

Jonathan Jesus Garcia
A claim was submitted alleging the claimant tripped on an unsecured manhole cover in the parking lot of 21430 Yorba Linda Boulevard. The City does not own or maintain the sewer manhole(s) within this shopping center.

William Gaskill (by Dordulian Law Group)
The claimant alleges he tripped and fell due to a sidewalk defect near 25559 Aragon Way.

The site is a privately maintained tract east of Camino De Bryant and is not owned, controlled, or maintained by the City.

FISCAL IMPACT
None.

ALTERNATIVES
As an alternative to recommendation, the City Council has the following options:

1. Accept liability for the claim and pay the amount specified in the claim.

2. Grant settlement authority up to a certain amount and direct the claims adjuster to enter settlement negotiations with the claimant.

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PLANNING & TRAFFIC COMMISSION JOINT | AGENDA ITEM SUMMARY MEETING DATE | NOVEMBER 12, 2025
Community Development Department
Planning Division
Director
Nate Farnsworth, AICP
REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2025
A motion by Commissioner Behura, second by Commissioner Goldfarb, to continue the regular Planning Commission meeting to an Adjourned Planning Commission meeting date of November 19, 2025. The motion carried (4-0-1) with the following roll call vote:

AYES: Bernstein, Behura, Goldfarb, Masterson
NOES: None
ABSENT: Chavez Marquez
ABSTAIN: None

7.1 CONDITIONAL USE PERMIT 2025-10, TENTATIVE TRACT MAP 19389, AND DESIGN REVIEW 2025-02 – CITY VENTURES
PROPERTY ADDRESS: 19081 YORBA LINDA BOULEVARD
A request for site planning and architectural design review approval for a three-story, 62-unit multifamily, for sale, attached townhouse project.

A motion by Commissioner Johnson, second by Commissioner Phayakapong, recommending to the Planning Commission additional studies and conditions to address traffic safety and parking impacts.

The motion carried (5-0) with the following roll call vote:

AYES: De Santos, Phayakapong, Cugini, Johnson, Patel
NOES: None
ABSENT: None
ABSTAIN: None
A motion by Commissioner Behura, second by Commissioner Masterson to continue the item to the Planning Commission meeting date of December 10, 2025. The motion carried (4-0-1) with the following roll call vote:

AYES: Bernstein, Behura, Goldfarb, Masterson
NOES: None
ABSENT: Chavez Marquez
ABSTAIN: None
Speakers in favor: 1
Speakers in opposition: 20

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Adjournment: The meeting adjourned at 11:26 p.m. to November 19, 2025, Adjourned Planning Commission meeting and to the November 27, 2025, Traffic Commission meeting at 6:30 p.m.

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CITY CLERK'S OFFICE
DATE: NOVEMBER 18, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS

RECOMMENDATION
It is recommended that the City Council receive and file this report.

DISCUSSION
City Council members serve on a number of outside committees and agencies. Attached are updates received recently from these agencies.

ATTACHMENTS

1. Reports from City Council Organizations, Agencies and Committees

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READY TO LEAD?
Visit the SCAG website at
scag.ca.gov/future-leaders
to apply now and help shape the
future of Southern California.

Application deadline is Tuesday,
Nov. 25, 2025, by 11:59 p.m.

INTERESTED IN
PARTNERING WITH US?
E-mail [email protected]
for more information.

Calling All Future
Changemakers
WHO WE’RE LOOKING FOR
• Young adults ages 18-26 who live in the SCAG region
(Imperial, Los Angeles, Orange, Riverside, San Bernardino, or Ventura counties)
• Passionate and curious about civic leadership—no prior experience required

PROGRAM DETAILS
• 6-month leadership program (January 2026–June 2026)
• Monthly sessions (virtual)
• Final session in downtown Los Angeles at SCAG headquarters • Learn about planning, policy,equity, transportation, housing, and changemaking
WHY JOIN?
• Build leadership and advocacy skills
• Connect with community leaders and professionals
• Understand opportunities to shape our communities as
civic leaders
• Earn a $500 stipend upon completion
• Network with young changemakers and professionals

FUTURE LEADERS INITIATIVE

Page 123 of 145 ends

MONTHLY REPORT:

October
Monthly Year to Date (YTD) County Monthly County YTD
Service Requests Completed 12 89 468 2,667
Mosquitoes 11 74 388 2,117
Rats 1 7 45 344
RIFA 0 5 19 132
Number of Swimming Pools Inspected/Treated 8 198 574 6,899 Hours Spent Treating/Inspecting Gutters 0 52.08 675.47 4,059.8 Acres of Flood Channels Treated 0.15 1.645 125.1946 589.4264 Acres Treated for RIFA 120 618 2,238 19,537
IT (inspection/treatment) Sites Serviced 30 341 1,548 14,310 Adult Mosquitoes Collected 71 1052 23,460 209,845
Mosquito Pools (Samples) Tested 4 35 852 5,015
WNV Positive Samples 0 0 50 179
Other Positive Samples 0 0 0 0
WNV Positive Birds 0 0 1 4
Outreach Events Attended 0 0 6 60
General Presentations 0 1 4 34
Educational Program Presentations 0 0 19 100
Service Requests & Miscellaneous Calls Received 13 110 647 4,369 Fleas, Ticks, and Others Tested 0 0 0 2,293
Number of Disease Investigations 0 4 13 47
WNV Investigations 0 0 4 4
Dengue Investigations 0 0 3 14
Typhus Investigations 0 3 6 27
Other Investigations 0 0 0 2
Undergrounds Storm Systems Treated 34 320 4,002 24,504
Public Insect ID Completed 0 0 67 451

COUNTY WIDE PROJECTS / INFORMATIONAL UPDATE
Yorba Linda

CONTROL

SURVEILLANCE

COMMUNICATIONS / OUTREACH

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COMMUNITY DEVELOPMENT DEPARTMENT
DATE: NOVEMBER 18, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATE FARNSWORTH, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: BOBBY AVINA, CODE ENFORCEMENT MANAGER
SUBJECT: ADOPT RESOLUTION NO. 2025-5957 CONFIRMING THE COSTS TO ABATE WEEDS AT APN: 348-271-20, 348-191-37, AND 343-641-01; AND

ORDERING THE COLLECTION OF COSTS AS A SPECIAL ASSESSMENT LIEN

RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2025-5957 confirming the costs to abate the public nuisance at private property (APN: 348-271-20, APN: 348-191-37, APN: 343-641-01) and ordering the collection of costs as a special assessment lien on the properties.

BACKGROUND/DISCUSSION
On October 21, 2025, the City Council adopted Resolution No. 2025-5954 declaring that seasonal and recurring weeds growing upon or in front of property in the city constitutes a public nuisance and providing for the abatement weeds and recovery of abatement costs as a special assessment against each parcel.

Following the adoption of the Resolution, the City contracted for the removal of the weeds and dead vegetation. The cost of abatement, including administrative costs, constitutes a special assessment against the parcel. After the assessment is made and confirmed, it is a lien on the parcel and is collected in the same manner as ordinary municipal taxes.

FISCAL IMPACT
The cost of abatement, including administrative costs, was:

APN: 348-271-20 $851.08
APN: 348-191-37 914.64
APN: 343-641-01 $2,658.00
TOTAL: $4,423.72
A one-time special assessment of $4,423.72 will be added to the Orange County property tax roll to reimburse the City’s General Fund.

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ADOPT RESOLUTION NO. 2025-5957 CONFIRMING THE COSTS TO ABATE WEEDS AT APN: 348-271-20, 348-191-37, AND 343-641-01; AND ORDERING THE COLLECTION

OF COSTS AS A SPECIAL ASSESSMENT LIEN
P a g e | 2

ALTERNATIVES
Do not approve Resolution 2025-5957, resulting in the City not being reimbursed for the weed abatement costs on these private properties.

ATTACHMENTS

1. Resolution No. 2025-5957

2. Resolution No. 2025-5954

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RESOLUTION NO. 2025-5957

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, CALIFORNIA CONFIRMING THE COSTS
TO ABATE WEEDS LOCATED AT APN: 348-271-20, APN:
348-191-37, APN: 343-641-01 AND ORDERING THE

COLLECTION OF SUCH COSTS AS A SPECIAL

ASSESSMENT LIEN ON SUCH PROPERTIES
WHEREAS, on October 21, 2025, the Yorba Linda City Council adopted Resolution No. 2025-5954 declaring that seasonal and recurring weeds growing upon or in front of, and rubbish, and refuse, upon or in front of certain property in the City of Yorba Linda constitutes a public nuisance; and
WHEREAS, the Community Preservation Manager is ordered to abate such nuisance in accordance with the provisions of Article 2, Title 4, Division 3, Part 2, Chapter 13, compromised of Sections 39560-39588, inclusive, of the Government Code of the State of California; and
WHEREAS, the city shall cause the nuisance to be abated by city personnel or private contract; and the cost of such abatement shall be recorded as a special assessment against each such parcel in front of or upon which such nuisance is maintained and declare such cost to be a lien upon each such parcel; and WHEREAS, pursuant to Yorba Linda Municipal Code Sections 8.04.070, the owner of the property is liable to the city for all costs to abate the nuisance on the property, including administrative costs; and
WHEREAS, an itemized account of the total cost to abate the nuisance conditions on the property, attached hereto as Exhibit “A” and incorporated herein by reference, has been prepared and is presented to the City Council for confirmation; and WHEREAS, the total cost to abate the nuisance on the property includes the trimming of the dead vegetation and weeds on the parcels; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

Section 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated herein.

Section 2. Confirmation of Abatement Costs. In accordance with Yorba Linda Municipal Code Section 8.04.080(A), the City Council hereby confirms the itemized account attached as Exhibit "A" for the total cost of $4,423.72 to abate the nuisance on the Property.

Section 3. Order of Special Assessment Lien. The City Council hereby finds and determines that the itemized account is a true and accurate report of the actual and reasonable costs incurred by the City in abating the public nuisance on the Property and

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RESOLUTION NO. 2025-5957
PAGE NO. 2
the same are hereby charged and placed as a special assessment and lien upon the Property pursuant to Yorba Linda Municipal Code Section 8.04.080(8) and Section 39573 of the California Government Code.

Section 4. Transmittal to Auditor-Controller. The City Council hereby directs the City Manager to send a certified copy of this Resolution with the itemized account attached as Exhibit "A" to the Auditor-Controller of Orange County for collection on the County tax roll.

The special assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary municipal taxes. The property may be sold by the tax collector after three (3) years for unpaid delinquent assessments.

Section 5. Service. The City Clerk shall serve the owner of the property with a certified copy of this Resolution. Service shall be by registered or certified mail addressed to the last known address of the property owner.

Section 6. Effective Date. This Resolution shall become effective upon its adoption.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 18th day of November 2025. __________________________

JANICE LIM, MAYOR

CITY OF YORBA LINDA
ATTEST:
______________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
__________________________

CITY ATTORNEY

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RESOLUTION NO. 2025-5957
PAGE NO. 3

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 18th day of November 2025, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_________________________________

MARCIA BROWN, CITY CLERK

Page 129 of 145 ends

Exhibit A
APN Acres Clearing Cost City Admin Total
348-271-20 0.26 Acres 236.08 615.00 $ 851.08
348-191-37 0.33 Acres 299.64 615.00 $ 914.64
343-641-01 2.25 Acres 2,043.00 615.00 $ 2,658.00
Total Cost $ 4,423.72
Weed Abatement 2025

PRIVATE PARCELS

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RESOLUTION NO. 2025- 5954

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, CALIFORNIA DECLARING THAT WEEDS

GROWING UPON OR IN FRONT OF, AND RUBBISH, REFUSE

UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY
OF YORBA LINDA CONSTITUTES A PUBLIC NUISANCE; AND

ORDERING THE ABATEMENT THEREOF
WHEREAS, Resolution No. 2025-5951 was adopted on October 7, 2025, declaring that seasonal and recurring weeds growing upon or in front of, and rubbish, and refuse, upon or in front of certain property in the City of Yorba Linda constitutes a public nuisance and further declaring the intention of the City of Yorba Linda to provide for the abatement thereof, and setting a public hearing thereon; and WHEREAS, Notice to Destroy Weeds and Remove Rubbish and Refuse was mailed to all affected property owners and given in the amount and form prescribed by law; and
WHEREAS, at such Public Hearing the City Council of the City of Yorba Linda heard and considered all objections to such abatement; and WHEREAS, such weeds were not destroyed or removed and such rubbish, and refuse was not removed, and the nuisance thereby abated, pursuant to such Notice.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES FIND, DETERMINE, AND RESOLVE AS FOLLOWS:

1. That all objections to the proposed destruction and/ or removal of weeds, as defined in Sec. 39560, et seq of the Government Code, and removal of weeds, rubbish and refuse upon or in front of those parcels of land described in Exhibit A", on file in the office of the City Clerk and incorporated herein by this reference, are overruled.

2. That the Community Preservation Manager is ordered to abate such nuisance, by having such weeds destroyed and/ or removed, and rubbish and refuse removed from those parcels of land described in such Exhibit, " A".

3. That it is the intention of this Council to assess the cost of such abatement as a special assessment against each such parcel in front of or upon which such naisance is maintained and declare such cost to be a lien upon each such parcel. r

4. That the weeds on the parcels of land described in Exhibit " A" are seasonal and recurring nuisances.

5. That the Community Preservation Manager is further ordered to abate such seasonal and recurring nuisance in accordance with the provisions of Article 2,

Page 133 of 145 ends

RESOLUTION NO. 2025- 5954
PAGE NO. 2
Title 4, Division 3, Part 2, Chapter 13, compromised of Sections 39560- 39588, inclusive, of the Government Code of the State of California, provided that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further Hearings need to be held, and it shall be sufficient to mail a postcard notice to the owners of the property as they and their addresses appear upon the current assessment roll, in accordance with the provisions for such notice contained in Section 39562. 1 of the Government Code of the State of California.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 21 st day of October 2025.

NICE LIM, MA OR

CITY OF YORBA LINDA
ATTEST:

C;i_ 1 L. i u:L..,,--

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP

CITY A ORNEY

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 21 st day of October, 2025, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS: Campbell, Huang, Lim, Rodriguez, Singh NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
i
J
t- ,t'.. G. c Ll:l_t-- -_

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Page 134 of 145 ends

RESOLUTION NO. 2025- 5954
PAGE NO. 3
r
EXHIBIT " A"
2025 WEED ABATEMENT
NON—COMPLIANT PROPERTIES
APN: 348- 271- 20
APN: 348- 191- 37
APN: 343- 641- 01
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Page 135 of 145 ends

CITY CLERK'S OFFICE
DATE: NOVEMBER 18, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
PREPARED BY: ALLISON ESTES, ASSISTANT TO THE CITY MANAGER SUBJECT: CITY COUNCIL COMPENSATION

RECOMMENDATION
It is recommended that the City Council discuss and provide direction regarding City Council compensation.

BACKGROUND
At the August 19, 2025, City Council meeting, Councilmember Huang requested a discussion regarding Councilmember compensation. A majority consensus of the City Council supported adding a discussion item to the agenda, and the attached self-reported Councilmember compensation data from other Orange County cities was compiled.

City Council compensation for General Law cities is governed by California Government Code Section 36516, which establishes maximum salary levels (based on city population) and specifies that compensation changes cannot take effect during a Councilmember’s current term, but may take effect when one or more members begin a new term following an election.

DISCUSSION
Yorba Linda Councilmember compensation is $500 per month and was last updated in 2013.

In 2017, the City Council approved a Resolution (attached) providing Councilmembers a $100 monthly auto allowance. The Resolution also incorporates Measure JJ (approved November 2014), which excludes Councilmembers from City-paid health insurance and CalPERS pension benefits, and requires Councilmembers participate in a part-time deferred compensation plan.

For cities with populations between 50,001 and 75,000, state law sets the maximum allowable Councilmember salary at $1,600 per month and limits annual compensation increases to the greater of 5% per year (from the last adjustment) or the percentage change in the California Consumer Price Index (capped at 10% per year).

Page 136 of 145 ends

CITY COUNCIL COMPENSATION
P a g e | 2

FISCAL IMPACT
None. Should Council choose to consider an adjustment to Councilmember compensation, analysis of the fiscal impact will be provided at a future meeting. Any adjustment cannot occur until after the November 2026 City Council election.

ATTACHMENTS

1. City Council Compensation Survey

2. Government Code Section 36516

3. YLMC Section 2.04.020

4. Resolution No. 2017-5429

Page 137 of 145 ends

Orange County City Council Compensation - Summary

MONTHLY
TOTAL
ANNUAL

TOTAL LAST UPDATE
Yorba Linda 600 7,200 2013
Aliso Viejo 4,944 59,329 2024
Anaheim 3,700 44,400 2024
Anaheim - Mayor 3,800 45,600 2024
Brea 824 9,888 2024
Buena Park 4,113 49,356 2025
Costa Mesa 3,592 43,107 2024
Cypress 3,501 42,010 2025
Dana Point 993 11,920 2023
Fountain Valley 1,200 14,400 2025
Fullerton 750 9,000 2024
Garden Grove 1,562 18,744 2022
Garden Grove - Mayor 1,762 21,144 2022
Huntington Beach 2,801 33,611 2025
Huntington Beach - Mayor 3,529 42,345 2025
Irvine 2,984 35,802 2024
La Habra 550 6,600 2025
La Palma 300 3,600 2024
Laguna Beach 1,308 15,696 2024
Laguna Hills 3,711 44,531 2024
Laguna Niguel 400 4,800 1989
Laguna Woods 300 3,600 1999
Lake Forest 704 8,448 2008
Los Alamitos 1,233 14,800 2009
Mission Viejo 4,012 48,144 2024
Newport Beach 3,901 46,807 2025
Newport Beach - Mayor 4,620 55,440 2025
Orange 1,758 21,099 2021
Placentia 2,111 25,330 2023
PYLUSD 2,176 26,112 2024
Rancho Santa Margarita 2,421 29,052 2005
San Clemente 850 10,200 2023
San Juan Capistrano 3,350 40,196 1986
Santa Ana 3,600 43,200 2016
Seal Beach 630 7,560 2007
Stanton 850 10,200 2009
Tustin 1,900 22,800 2024
Villa Park - - 2025
Westminster 2,451 29,406 2008
Westminster - Mayor 2,556 30,672 2008
YLWD* 3,374 40,485 2025
Average 2,188 26,259
Median 2,111 25,330
* YLWD Directors are paid $163.80 per meeting and met approximately 30 times in 2024.

District boundaries per OC Registar of Voters as of August 1, 2024.

Page 138 of 145 ends

Orange County City Council Compensation - Detail

POPULATION SALARY
ADD'L

MEETINGS PENSION MEDICAL TRAVEL EXPENSE

DEFERRED

COMP AUTO

MONTHLY
TOTAL
ANNUAL
TOTAL
LAST
UPDATE

ELECTION
METHOD
Yorba Linda 66,267 500 100 600 7,200 2013 At-Large
Aliso Viejo 50,213 520 2,083 2,341 4,944 59,329 2024 By District (5) Anaheim 341,773 1,500 50 1,500 650 3,700 44,400 2024 By District (6) Anaheim - Mayor 341,773 1,600 50 1,500 650 3,800 45,600 2024 At-Large Brea 47,900 824 824 9,888 2024 At-Large
Buena Park 82,667 1,473 2,240 400 4,113 49,356 2025 By District (5) Costa Mesa 110,321 1,492 2,100 3,592 43,107 2024 By District (6) Cypress 49,499 832 YES 2,394 275 3,501 42,010 2025 By District (5) Dana Point 32,730 718 275 993 11,920 2023 By District (5) Fountain Valley 56,560 1,200 1,200 14,400 2025 At-Large Fullerton 141,469 750 750 9,000 2024 By District (5)
Garden Grove 171,492 1,312 50 YES 200 1,562 18,744 2022 By District (6) Garden Grove - Mayor 171,492 1,512 50 YES 200 1,762 21,144 2022 At-Large Huntington Beach 193,134 175 817 1,809 2,801 33,611 2025 At-Large Huntington Beach - Mayor 193,134 175 817 2,537 3,529 42,345 2025 At-Large Irvine 318,629 880 YES 1,354 750 2,984 35,802 2024 By District (6) La Habra 61,202 500 50 550 6,600 2025 At-Large
La Palma 15,110 300 300 3,600 2024 By District (5)
Laguna Beach 22,763 908 400 1,308 15,696 2024 At-Large
Laguna Hills 30,309 624 YES 3,087 3,711 44,531 2024 At-Large Laguna Niguel 65,257 400 400 4,800 1989 By District (5) Laguna Woods 17,183 300 300 3,600 1999 At-Large
Lake Forest 87,639 704 704 8,448 2008 By District (5)
Los Alamitos 12,006 400 833 1,233 14,800 2009 By District (5) Mission Viejo 91,740 1,000 YES 2,437 375 200 N/A 4,012 48,144 2024 By District (5) Newport Beach 82,654 1,718 YES 2,183 3,901 46,807 2025 By District (7) Newport Beach - Mayor 82,654 2,437 YES 2,183 4,620 55,440 2025 Appointed Orange 139,724 600 YES 1,158 1,758 21,099 2021 By District (6) Placentia 53,982 150 1,961 2,111 25,330 2023 By District (5) PYLUSD 1,006 1,170 2,176 26,112 2024 By District (5)
Rancho Santa Margarita 46,341 464 YES 1,900 57 2,421 29,052 2005 By District (4) San Clemente 62,865 400 450 850 10,200 2023 By District (4) San Juan Capistrano 35,329 300 50 YES 3,000 3,350 40,196 1986 By District (5) Santa Ana 315,325 1,000 50 2,050 500 3,600 43,200 2016 By District (6) Seal Beach 24,400 600 30 630 7,560 2007 By District (5) Stanton 40,552 850 850 10,200 2009 By District (4)
Tustin 79,326 1,900 1,900 22,800 2024 By District (4)
Villa Park 5,738 - - - 2025 At-Large
Westminster 90,295 851 1,600 2,451 29,406 2008 By District (4) Westminster - Mayor 90,295 956 1,600 2,556 30,672 2008 At-Large YLWD* 410 2,964 3,374 40,485 2025 At-Large
Average 835 48 1,867 450 1,249 866 413 2,188 26,259
Median 750 50 1,961 450 1,092 200 400 2,111 25,330
* YLWD Directors are paid $163.80 per meeting and met approximately 30 times in 2024.

District boundaries per OC Registar of Voters as of August 1, 2024.

Page 139 of 145 ends

State of California

GOVERNMENT CODE
Section 36516
36516. (a)  (1)  A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2).
(2)  The salaries approved by ordinance under paragraph (1) shall be as follows:
(A)  In cities up to and including 35,000 in population, up to and including nine hundred fifty dollars ($950) per month.
(B)  In cities over 35,000 up to and including 50,000 in population, up to and including one thousand two hundred seventy-five dollars ($1,275) per month. (C)  In cities over 50,000 up to and including 75,000 in population, up to and including one thousand six hundred dollars ($1,600) per month. (D)  In cities over 75,000 up to and including 150,000 in population, up to and including one thousand nine hundred dollars ($1,900) per month. (E)  In cities over 150,000 up to and including 250,000 in population, up to and including two thousand five hundred fifty dollars ($2,550) per month. (F)  In cities over 250,000 population, up to and including three thousand two hundred dollars ($3,200) per month.
(3)  For the purposes of this subdivision, the population of a city shall be determined by the last preceding federal census, or a subsequent census, or estimate validated by the Department of Finance.
(4)  The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the increase shall not exceed the greater of either of the following:
(A)  An amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted.
(B)  An amount equal to inflation since January 1, 2024, based upon the California Consumer Price Index, which shall not exceed 10 percent for each calendar year. (5)  No ordinance shall be enacted or amended to provide automatic future increases in salary.
(b)  Notwithstanding subdivision (a), at any municipal election, the question of whether city council members shall receive a salary for services, and the amount of that salary, may be submitted to the electors. If a majority of the electors voting at the election favor it, all of the council members shall receive the salary specified in the election call. The salary of council members may be increased beyond the amount provided in this section or decreased below the amount in the same manner.

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL

Page 140 of 145 ends

(c)  Unless specifically authorized by another statute, a city council may not enact an ordinance providing for compensation to city council members in excess of that authorized by the procedures described in subdivisions (a) and (b). For the purposes of this section, compensation includes payment for service by a city council member on a commission, committee, board, authority, or similar body on which the city council member serves. If the other statute that authorizes the compensation does not specify the amount of compensation, the maximum amount shall be one hundred fifty dollars ($150) per month for each commission, committee, board, authority, or similar body.
(d)  Any amounts paid by a city for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section, provided that the same benefits are available and paid by the city for its employees.
(e)  Any amounts paid by a city to reimburse a council member for actual and necessary expenses pursuant to Section 36514.5 shall not be included for purposes of determining salary pursuant to this section.
(f)  A city council member may waive any or all of the compensation permitted by this section.
(g)  (1)  For the purposes of this section, a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council.
(2)  At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation.

The ordinance shall not be adopted at the first meeting. (3)  At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.
(Amended by Stats. 2023, Ch. 27, Sec. 2. (SB 329) Effective January 1, 2024.)

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§ 2.04.020. Salaries.
(Prior code § 2-2; Ord. 91-685 § 1, 1991)
A. This section is enacted pursuant to Section 36516 of the Government Code of the State, authorizing the City Council to provide by ordinance that each member of the City Council shall receive a prescribed salary, the amount of which is based upon the population of the City as determined by estimates made by the State Department of Finance.

B. Each member of the City Council shall receive as salary the sum of $400.00 per month through November, 1992. From and after November, 1992, each member of the City Council shall receive as salary the sum of $500.00 per month. The salary shall be payable in the same manner as the salaries are paid to other officers and employees of the City.

C. The salaries prescribed in this section are and shall be exclusive of any amounts payable to each member of the City Council as reimbursed for actual and necessary expenses incurred by him in the performance of official duties for the City.

City of Yorba Linda, CA
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