M/estern Surety Company
PO\ryER OFATTORNEY. CERTIFIED COPY
Bond No. 67 456091
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and eústing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakot¡ (the "Company"), does by these presents make, constitute and appoint Steven Scott Daniel-s
its true and lawful attorney(s)-in-fact, with full power and authoúty hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for:
Principal: D3 Development Group. Inc
Obligee: City of Yorba Linda
Amount: $1,000,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, eealed with the corporate seal of the Cornpauy autl ùuiy attested lry its Secretaly, liereb¡- ratifying and ci.¡niir¡:ri¡rg all that ¿hc ssid attorne¡'(s).in, fact may do $'ithin the above stated limitations. Said appointment is made uncler and by authority of the following bylaw of lilestern Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by euch other officera as the Board of Di¡ectors may authorize. The President, any Vice President, Secretary, any Aesistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necesÊary fcrr the valitlity of any bonds, policies, undertakings, Powers of Attorney or other obligations ofthe corporation. The signature ofany such officer and the corporate seal nray be printed by facsimile." This Power ofAttorney may be signed by digital signature and sealed by a digital or otherwise electronic-formatted corporate seal under and by the authority ofthe following Resolution adopted by the Board ofDirectors ofthe Company by unanimous written consent dated the zTthday ofApril,2022:
"RESOLVED: That it is in the best interest of the Company to periodically ratify and conf¡rm any corporate documents signed by digital signatu.res and to ratify and con-firm the use of a digital or otherwise eìectronic-formatted corporate seal, ea'ch to be considered the act and deed of the Company."
IfBond No.67456091 is not issued on or before midnisht of ,lqgust 1 5t,2025 all
this Power ofAttorney shall expire and terminate.
Surety Com O" rtg"Oltt itsVice Prosident, Larry Kasten. and irs 1 8fh
WESTERN SURET COMPANY
t
J
ss Vice President
On this 1 8rh day of Anri I
in the ¡rear 2925--. before me, a notary public, personally appeared Larry Kasten, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN said instrument to be the voiuntarv act deed of said corporation.
Dakota
My Commì-ssion Expì-res February L2, 2021
I the undersigned off'rcer of Western Strrety Company, a stock corporation of the State of South Dakota, do heretry certi& that the attached Power of Attorney is in full force and effect and is irrevocabie, an<l furthermore, that Section ? of the bylaws of the Company as set forth in the Power ofAttorney is now in force.
In testimony whereoi I have hereunto set my hantl and seal of Western Surety Company this day of April
, _2_0 2 5_
WEST N SURE COMPANY
Larry Kasten, Vice President
To validate bond authenticity
S. GREEN
I{OTÆü ruBUC
SOUTH DAT(OTA 16ì
\@lñ/
/ñ\
\aïs/
Form F5306-5-2023
, go to www.cnasurety.corn > owner/obligee services > validate Bond coverage.
Amendment
No. 1
AMENDMENT NO. 1
AMENDMENT NO. 1 TO
EXTERIOR SOFFIT RENOVATION
This is Amendment No. 1 (“Amendment No.1”) to that certain Exterior Soffit Renovation (“Agreement”) made on April 1, 2025, between the City of Yorba Linda (“City”) and D3 Development Group (“Contractor”), which this Amendment No. 1 is made and entered into on January 20, 2026, for the material cost increases due to tariffs:
1. Capitalized terms used but not defined in this Amendment No. 1 shall have the meanings ascribed to them in the Agreement.
2. SECTION 2., COMPENSATION is amended to read as follows:
SECTION 2. COMPENSATION.
City hereby agrees to pay Contractor a sum not to exceed $273,433 notwithstanding any contrary indications that may be contained in Contractor’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for the Services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Contractor shall not bill City for duplicate services performed by more than one person.
Exhibit A, “Scope of Services” is supplemented to include the supplement attached as Exhibit A hereto. The supplement to the “Scope of Services” is not intended to replace the original Exhibit A to the Agreement, but instead to augment and increase the scope of work listed in the original Exhibit A to the Agreement. The initial paragraph of the original Exhibit A, “Scope of Services”, to the Agreement is amended to read as follows:
EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide Exterior Soffit Renovation services in the amount not to exceed $273,433 as further detailed in the following page(s).
3. All other terms and conditions of the Agreement remain in full force and effect.
4. This Amendment No. 1 may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
AMENDMENT NO. 1
IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Amendment No. 1 as of the Effective Date.
CITY OF YORBA LINDA
Peter Grant, City Manager
Attest:
Marcia Brown, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
D3 Development Group
By:
Name:
Title:
By:
Name:
Title:
[Note: 2 officer’s signatures required if
Contractor is a corporation, unless
provided with a certificate of secretary inlieu]
Jeffrey Dunn
CEO / President
James Dunn
Secretary / Treasurer
James Dunn
EXHIBIT A
Contractor shall provide contractual services as described in the scope of services of the agreement with an increased cost of materials. In no event shall the approved additional services requested by the City exceed Amendment No.1 total listed below.
Original agreement amount $225,940
Amendment No. 1 $47,493
Agreement not to exceed $273,433
PARKS AND RECREATION DEPARTMENT
DATE: JANUARY 20, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, DIRECTOR OF PARKS AND RECREATION
PREPARED BY: JULIO PALACIOS, RECREATION SUPERVISOR II
SUBJECT: APPROVE AMENDMENT NO. 4 WITH YMCA OF ORANGE COUNTY FOR
SWIM LESSON INSTRUCTION AND LIFEGUARDING SERVICES
RECOMMENDATION
Approve a $125,000 Amendment to the Agreement with YMCA of Orange County and extend the Agreement by one year.
SUMMARY
This Amendment extends the Agreement with the YMCA for swim instruction and lifeguard services for the swim program and Adventure Playground waterslide.
BACKGROUND
The Parks and Recreation Department and YMCA have partnered to provide swim instruction since 1990. The City is responsible for managing registration and the pools at Heritage Oak Private School and Yorba Linda High School while the YMCA provides equipment and staff.
Amendment No. 4 extends the Agreement with the YMCA through March 31, 2027, and increases the contract by $125,000. There are no other changes to the Agreement.
FISCAL IMPACT
Sufficient funds are available in the Parks and Recreation FY 2025-26 and 2026-27 budget (Account 1010410-433100).
ALTERNATIVES
Do not approve the Amendment and provide direction to staff.
APPROVAL OF YMCA AMENDMENT NO. 4
P a g e | 2
ATTACHMENTS
Attachment 1 - Professional Services Agreement with YMCA dated March 17, 2022 Attachment 2 - Amendment No.4 with the YMCA and City of Yorba Linda
Amendment
No. 4
AMENDMENT NO. 4 TO THE MARCH 17, 2022 AGREEMENT
BETWEEN YOUNG MEN’S CHRISTIAN ASSOCIATION (YMCA) OF ORANGE
COUNTY, ON BEHALF OF THE FULLERTON FAMILY BRANCH AND THE CITY OF YORBA LINDA.
This is Amendment No.4 (“Amendment No.4”) to that certain Professional Services Agreement for City of Yorba Linda Swim Lesson Instruction and Lifeguarding Services. (“Agreement”) made on March 17, 2022 between the City of Yorba Linda (“City”) and Young Men’s Christian Association (YMCA) of Orange County, Fullerton Family YMCA. (“Consultant”), which this Amendment No. 4 is made and entered into on January 20, 2026 to extend the agreement for one (1)-year period.
1. Capitalized terms used but not defined in this Amendment No. 4 shall have the meanings ascribed to them in the Agreement.
2. Section 3.1, “Scope of Service and Term” is amended to read as follows:
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately administer the swim lesson instruction and lifeguard water activities necessary for the Project (“Services”).
The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from April 1, 2026 to March 30, 2027 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
Section 3.3, “Fees and Payments” is amended to read as follows:
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference.
The total compensation shall not exceed one hundred and twenty-five thousand dollars ($125,000) without written approval of the City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3. All other terms and conditions of the Agreement remain in full force and effect.
4. This Amendment No. 4 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 City and Consultant have caused this Amendment No. 4 to the Agreement to be executed on the date first written above.
CITY OF YORBA LINDA YOUNG MEN’S CHRISTIAN ASSOCIATION OF ORANGE COUNTY, on behalf of the Fullerton
Family YMCA.
By: By:
Carlos Rodriguez
Mayor Name:
Title:
Attest:
[If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By:
Marcia Brown By:
City Clerk
Name:
Title:
Approved as to Form:
By:
Rutan & Tucker LLP
City Attorney
AMENDMENT NO.4
EXHIBIT “A”
Scope of Services
The City of Yorba Linda currently offers swim lessons two seasons per year, Spring and Summer, at locations within the City of Yorba Linda.
Lessons are broken down into eight (8) levels, based on swimmer ability.
Each level is taught with a specific instructor:student ratio, see Section E of these Scope of Services. Class titles, swimmer competency, and ages are negotiable between City and Consultant.
Spring 2026 session will be held at Heritage Oak Private School from approximately April 6 through June 1 from 4:15pm to 7:40pm. Below is an example outline of schedule for lessons. Lesson times/schedule subject to change based on program and pool availability.
AMENDMENT NO.4
Summer 2026 session will be held at Yorba Linda High School from June 15 through August 6 from approximately 11:20am to 3:10pm. Below is an example outline of schedule for lessons. Lesson times/schedule subject to change based on program and pool availability.
Adventure Playground- Lifeguarding services will be required throughout the year, primarily from Spring through Fall, to assist in monitoringthe waterslide at Adventure Playground. City will provide Consultant in writing operating hours 30 days prior to each season. (dates subject to change) • Spring Season: April 6 – June 14
• Summer Season: June 15 – August 9
• Fall Season: August 17 – October 25
Consultant shall provide lifeguarding services, instructors, and the instruction equipment for teaching all classes for the City of Yorba Linda swimming instruction program (“Program”), subject to the following:
A. City’s Responsibility:
City shall be responsible for the following:
1. Establishing and collecting any fees for the Program.
2. Advertising the Program in the City’s Parks and Recreation Activity Guide, website, social media accounts, and any other methods of advertising.
3. Administering registration, withdrawals, and transfer of participants in the Program.
AMENDMENT NO.4
4. Provide Consultant with a list of class participants (rosters) enrolled in the Program. Initial list of class participants shall be provided no later than two weeks prior to the start of the session for the purpose of staff scheduling. An updated list of class participants shall be provided no later than 72 hours prior to the start of the session. On the first day of the session Consultant will be provided the most current rosters.
5. Providing emergency contacts for representatives from the City and PlacentiaYorba Linda Unified School District (“PYLUSD”).
6. Obtaining all necessary facility use permits and paying any and all fees necessaryfor use of the pool facilities.
7. Obtaining a signed waiver and release from each Program participant.
8. Establishing expectations and Standard Operating
Procedures for Adventure Playground lifeguards in
collaboration with the Consultant as outlined below.
1. Lifeguards shall arrive 15 minutes prior to opening of the waterslide in proper lifeguarding uniform.
2. Lifeguards who have not been trained on waterslide
operations must arrive 60 minutes prior to opening
of waterslide to complete the required training.
3. Lifeguards should know all the rules for waterslide
and enforce those rules while on duty.
4. Lifeguards shall check in with Recreation staff before each shift and will be assigned radio for
communication purposes. Radio shall be turned in to
Recreation staff at end of work shift.
9. (Summer Only) Provide (1) City staff member to assist with check-in responsibilities daily for the duration of the summer swim lessons.
The City and property owners of the pool facilities shall be responsible for ensuring pool maintenance and upkeep in accordance with all applicable State, Federal, and City regulations, and performing anyother necessary administrative tasks. City shall provide to Consultant City Ordinances, Rules and Regulations, and Resolutions which are pertinent to this Agreement.
B. Facilities.
1. The Program is typically offered at the Yorba Linda High School pool (Summer), 19900 Bastanchury Road, Yorba
AMENDMENT NO.4
Linda, CA 92886 or Heritage Oak Private School pool
(Spring), 16971 Imperial Highway, Yorba Linda, CA
92886, Adventure Playground, 4701 Casa Loma Ave.,
Yorba Linda, CA 92886 or other facility as determined by the City of Yorba Linda.
C. Consultant Responsibility. Consultant shall provide the following to administer the program:
1. Staffing
1. One (1) Pool Manager to be onsite during all swim
lesson programs.
2. One (1) Pool Lead to be onsite during all Summer
swim lesson programs.
3. Up to fifteen (15) instructors to teach all swim class provided in the program.
1. Spring Session: Four (4) instructors.
2. Summer Session: Up to twelve (12)
instructors. Three (3) additional instructors can
be added with written city approval.
4. Up to eight (8) lifeguards.
1. Spring Session: Two (2) lifeguards
2. Summer Session: Six (6) lifeguards
3. Adventure Playground: Two (2) lifeguards.
5. Adventure Playground- Consultant shall furnish a
lifeguarding schedule to City no later than two weeks
in advance, every two weeks. Said schedule must
include lifeguard names and start and end times of
the shift.
6. Consultant shall provide required staffing levels as outlined in sections C.1.3-4 to ensure
instructor/student ratios as outlined in C.4
Any employee or volunteer of the Consultant working in this Program and having direct supervision or authority to exercise disciplinary action, must be fingerprinted using the Live Scan process by a reputable agency prior to working with minors. In addition, Consultant agrees to supply City a copy of receipt from the Live Scan indicating the employee or volunteer has been fingerprinted.
2. Daily Schedule and Testing of Pool Chemicals. The Pool Manager will arrive at the poolat a pre-determined time to complete pool
AMENDMENT NO.4
chemical testing at swim lesson sites. No later than 4:00pm at Heritage Oak and 11:00am at Yorba Linda High School. Should the testing of the poolnot meet requirements, Consultant will contact City’s Representative. Consultant shall start lessons on time unless the pool chemicals are not in compliance with water safety standards.
1. City’s Representative (or his or her designee) and
Consultant representatives willcomplete a secondary and third test simultaneously. If two of the three readings and levels are low then the City’s Representative will contact facility staff to address the concern and adjust the pool chemicals in order to meet the minimumchemical level
requirements for swim lessons.
2. Adventure Playground- City’s representative (or his or her designee) will complete a primary test prior to opening each daily session. Consultant staff shall notify City of any concerns (i.e. computer readings), but city representative will have final say on operations.
3. Swim Testing. Consultant shall conduct swim tests on the first day of each swim session to determine participant readiness for registered swim level. The onsite Pool Lead shall be responsible for on-site transferring of participants among groups as necessary.
4. Instructor/Student Ratio. To the extent permitted by the American Red Cross and all public health orders and guidance:
1:4 for classes in Preschool Stages
One (1),Two (2), and Three (3).
1:5 for classes in Youth Stages
Three (3) and Four (4).
1:6 for classes in Youth Stages
Five (5) and Six (6).
1:8 for Parent & Child classes.
5. Safety Standard Operation Procedures. Consultant shall follow adequate procedures established and outlined by the Orange County Health Care Agency for procedures following
contamination of a Public Pool by feces, drowning incidents, vomitus or dead animals (see Attachment A).
AMENDMENT NO.4
6. Stations. Consultant shall provide designated stations and signage for the safety and organization of the program.
7. Instructor Qualifications.
1. All classes shall be taught in accordance with the American Red Cross WSI SwimPrograms, YMCA Swim Instructors
Safety Around Water Program or other approved program
as determined by the City.
2. All instructors provided by Consultant to teach under this Agreement must be certified instructors and shall have
active, valid Advanced Life Saving Certificates, Basic
Lifeguard Training or Emergency Water Safety Certificates issued by a recognized licensed agency or the American
Red Cross. Copies of valid certificates for all instructors and lifeguards must be forwarded by the Consultant to the City’s Representative prior to the start of the instruction.
AMENDMENT NO.4
AMENDMENT NO.4
8. Equipment. Consultant shall provide at its sole expense all equipment (ex. Kickboards, noodles, lifeguarding equipment, etc.) and supplies, including an identifiable uniform, necessary for the Program. Consultant shall require personnel to wear such uniform while on duty.
9. Class List. Consultant shall keep and maintain a complete and accurate record of class participants and notify City of attendance and any changes in enrollment for each class as changes occur. At the end of each swim session, Consultant shall report to the City the recommended swim stage for participants for the next session.
10. Pre-Season Adventure Playground Training. Consultant shall schedule and host an onsite pre-season in-service training for all Adventure Playground lifeguards on a date agreed upon with the City prior to beginning spring operations.
11. Mid-season Adventure Playground Training. Consultant shall schedule and host an onsite mid-season in-service training for all Adventure Playground lifeguards on a date agreed upon with the City prior to beginning Summer operations. Consultant shall notify the City of new Lifeguards assigned to the Adventure Playground at least 24 hours prior to start of shift.
D. Invoicing. Consultant will send a monthly invoice with appropriate backup documentation to the City via email by the 10th of the following month, including the following:
1. Detailed, itemized invoice in PDF format
2. Electronic spreadsheets of staffing rosters with staff names and times.
Prior to City payment of the invoice submitted, designated City personnel shall review and approve the payment based on the satisfactory completion of service and proper back-up
documentation provided.
Payment shall be issued within 30 days of acceptance by the City.
E. Class Schedule. Consultant and City have agreed on a detailed class schedule identified for the spring 2026 and summer 2026
season to be included in the City’s Parks and Recreation Activity Guide. Consultant shall notify City no later than one month prior to start of session if they are unable to provide staffing for any portion of the agreed upon class schedule.
F. Waterslide Rotations.
1. The Lifeguarding rotation at the Adventure Playground Slide shall be followed in alignment with best practices set by the American Red Cross.
2. The established rotation may be altered at any time upon the agreement of the City and the Consultant.
3. Below is the rotation for a 5-hour shift. The same format applies to shifts shorter in duration.
Key:
Dispatcher = Top of Waterslide
Unloader = Bottom of Waterslide
Greeter = Staircase entrance of Waterslide
Weekend Rotations
Times Lifeguard # 1 Lifeguard # 2 City Staff #1 City Staff # 2 11:45am Arrival Arrival Arrival Arrival
12pm-12:15pm Dispatcher Unloader Greeter Greeter
12:15pm-12:30pm Unloader Dispatcher Greeter Greeter
12:30pm-12:45pm Dispatcher Unloader Greeter Greeter
12:45pm-1pm Unloader Dispatcher Greeter Greeter
1pm-1:15pm Dispatcher Unloader Greeter Greeter
1:15pm-1:30pm Unloader Dispatcher Greeter Greeter
1:30pm-1:45pm Dispatcher Unloader Greeter Greeter
1:45pm-2pm Unloader Dispatcher Greeter Greeter
2pm-2:15pm Dispatcher Unloader Greeter Greeter
2:15pm-2:30pm Unloader Break Dispatcher Greeter
2:30pm-2:45pm Break Unloader Greeter Dispatcher
2:45pm-3pm Unloader Dispatcher Greeter Geeter
3pm-3:15pm Dispatcher Unloader Greeter Greeter
3:15pm-3:30pm Unloader Dispatcher Greeter Greeter
3:30pm-3:45pm Dispatcher Unloader Greeter Greeter
3:45pm-4pm Unloader Dispatcher Greeter Greeter
4pm-4:15pm Dispatcher Unloader Greeter Greeter
4:15pm-4:30pm Unloader Dispatcher Greeter Greeter
4:30pm-4:45pm Dispatcher Unloader Greeter Greeter
4:45pm-5pm Unloader Dispatcher Greeter Greeter
Camp
Times Lifeguard # 1 Lifeguard # 2 City Staff #1 City Staff # 2 12:30pm Arrival Arrival Arrival Arrival
12:45pm-1pm Unloader Dispatcher Greeter Greeter
1pm-1:15pm Dispatcher Unloader Greeter Greeter
1:15pm-1:30pm Unloader Dispatcher Greeter Greeter
1:30pm-1:45pm Dispatcher Unloader Greeter Greeter
1:45pm-2pm Unloader Dispatcher Greeter Greeter
2pm-2:15pm Dispatcher Unloader Greeter Greeter
2:15pm-2:30pm Unloader Break Dispatcher Greeter
2:30pm-2:45pm Break Unloader Greeter Dispatcher
2:45pm-3pm Unloader Dispatcher Greeter Greeter
3pm-3:15pm Dispatcher Unloader Greeter Greeter
3:15pm-3:30pm Unloader Dispatcher Greeter Greeter
3:30pm-3:45pm Dispatcher Unloader Greeter Greeter
3:45pm-4pm Unloader Dispatcher Greeter Greeter
Weekday PM
Times Lifeguard # 1 Lifeguard # 2 City Staff #1 City Staff # 2 4:45pm Arrival Arrival Arrival Arrival
5pm-5:15pm Unloader Dispatcher Greeter Greeter
5:15pm-5:30pm Dispatcher Unloader Greeter Greeter
5:30pm-5:45pm Unloader Dispatcher Greeter Greeter
5:45pm-6pm Dispatcher Unloader Dispatcher Greeter
6pm-6:15pm Unloader Dispatcher Greeter Dispatcher
6:15pm-6:30pm Dispatcher Unloader Greeter Greeter
6:30pm-6:45pm Unloader Dispatcher Greeter Greeter
6:45pm-7pm Dispatcher Unloader Greeter Greeter
AMENDMENT NO.4
In the event only one certified lifeguard is present, the lifeguard shall be granted a 15-minute safety break after 60 minutes of surveillance to cool off, re-hydrate, re-apply sunscreen etc. The 15-minture safety breaks shall replace any pre-established breaks from the above rotations when two lifeguards are present.
AMENDMENT NO.4
EXHIBIT “C”
Compensation
CITY OF YORBA LINDA
PROPOSAL BID SHEET
FOR
SWIM LESSON INSTRUCTION & LIFEGUARDING SERVICES
Line Item Position Hourly Rate
Benefit % (SS,
Unemployment, Work.
Comp.)
Fully Burdened
Hourly Rate
1 Pool Manager $26.90 10.26% $29.66
2 Pool Lead $25.90 10.26% $28.56
3 Swim
Instructor $24.90 10.26% $27.45
4 Lifeguard $23.90 10.26% $26.35
Line Item Item Rate Notes
5 Director Admin Fee $4,296.00
Fee is charged over 5
payments:
Session 1&2: $966.00
Session 3&4: $966.00
Session 5&6: $966.00
Session 7&8: $966.00
Fall AP: $429.00
6 Instructor Training $4,743.00
Training for 15 Swim
Instructors
One-time charge to be charged
on first invoice of Spring
season.
7 Lifeguard Training $4,495.00
Training for 7 Lifeguards
One-time charge to be charged
on first invoice of Spring
season.
8 Pool Lead Training $452.00
Training for 1 Pool Lead
One-time charge to be charged
on first invoice of Spring
season.
9 Pool Manager
Training $484.00
Training for 1 Pool Manager
One-time charge to be charged
on first invoice of Spring
season.
AMENDMENT NO.4
Attachment “A”
AMENDMENT NO.4
Attachment “A”
AMENDMENT NO.4
Attachment “A”
AMENDMENT NO.4
Attachment “A”
PUBLIC WORKS DEPARTMENT
DATE: JANUARY 20, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: RICK YEE, P.E., DEPUTY PUBLIC WORKS DIRECTOR SUBJECT: TERMINATE THE LEMON DRIVE/IMPERIAL HIGHWAY STORM DRAIN
REPAIR LOCAL EMERGENCY
RECOMMENDATION
Adopt Resolution No. 2026-5969 terminating the Lemon Drive/Imperial Highway Storm Drain Repair Local Emergency.
SUMMARY
Repairs to the Lemon Drive/Imperial Highway Storm Drain are underway and local emergency declaration is no longer necessary.
DISCUSSION
On October 29, 2025, the City Manager, acting as the Director of Emergency Services, declared a local emergency following the failure of a storm drain pipe at Lemon Drive/ Imperial Highway. The City Council formally adopted the local emergency on November 4, 2025, and has affirmed the local emergency at each regular meeting since.
The City utilized emergency purchasing powers to award a construction contract to J&E Construction Corp. for approximately $335,000, along with a $50,000 contingency. The City Council ratified the award on December 16, 2025.
Construction is underway and should be completed by the end of February. Since there is no longer any need for emergency purchasing, staff recommends that the City Council terminate the local emergency declaration.
FISCAL IMPACT
None.
ALTERNATIVES
Do not adopt the Resolution and provide alternative direction.
TERMINATE THE LEMON DRIVE/IMPERIAL HIGHWAY STORM DRAIN REPAIR LOCAL
EMERGENCY
P a g e | 2
ATTACHMENTS
Attachment 1 - Resolution No. 2026-5969
RESOLUTION NO. 2026-5969
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YORBA
LINDA, CALIFORNIA, TERMINATING THE EMERGENCY
PROCLAMATION DUE TO EMERGENCY STORM DRAIN REPAIR AT
LEMON DRIVE AND IMPERIAL HIGHWAY
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 Lemon Drive and Imperial Highway (“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 WHEREAS, the City Manager, acting as the Director of Emergency Services, recommends that the proclamation of local emergency be terminated due to the fact the circumstances necessitating the declaration of the local emergency no longer exist; and WHEREAS, pursuant to Government Code section 8630, the City Council has reviewed the need for continuing the local emergency and has determined that conditions no longer support continuing the local emergency; and
NOW, THEREFORE, the City Council of the City of Yorba Linda does hereby resolve, order and determine as follows:
R E S O L U T I O N N O . 20 26 - 59 6 9
P A G E 2
Section 1. The above recitals are true and correct and are hereby incorporated herein.
Section 2. Pursuant to the Yorba Linda Municipal Code Section 2.32.060, the City Council declares the termination of the proclamation of the local emergency relating to storm drain repair at the intersection of Imperial Highway and Lemon Drive.
Section 3. Any such rules, regulations, orders and directives or suspensions thereof prepared under the proclamation of local emergency shall terminate and have no further force or effect.
Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Yorba Linda, California on the 20th day of January, 2026.
_____________________________
CARLOS RODRIGUEZ, 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
R E S O L U T I O N N O . 20 26 - 59 6 9
P A G E 3
Yorba Linda held on the 20th day of January, 2026 and was carried by the following roll call vote:
____________________________________
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
ADMINISTRATION DEPARTMENT
DATE: JANUARY 20, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PETER GRANT, CITY MANAGER
PREPARED BY: GEOFF SPENCER, PRINCIPAL MANAGEMENT
ANALYST
SUBJECT: ADOPT THE 2026 LEGISLATIVE PLATFORM
RECOMMENDATION
Adopt the 2026 Legislative Platform.
SUMMARY
The Legislative Platform broadly summarizes the City’s legislative principles for advocacy at the regional, State, County, and federal levels of government. An annually adopted platform enables the City to quickly respond to issues and legislation affecting Yorba Linda’s interests.
DISCUSSION
The Legislative Platform is a tool to protect and promote the City's interests on priority issues, proposed legislation, and regulatory matters that may impact Yorba Linda. The Platform provides guidance and establishes broad legislative priorities:
Local control
Public safety
Fiscal stability and funding opportunities
Infrastructure investment
Action to advance these priorities may include letters from the Mayor/City Manager, as well as conversations with legislators and their staff. Legislative proposals are evaluated with department and legal input, legislative advocate analysis, and City Manager guidance. New or complex policy proposals may lead to additional City Council direction as appropriate.
FISCAL IMPACT
None.
2026 LEGISLATIVE PLATFORM
P a g e | 2
ALTERNATIVES
Do not adopt the platform and provide alternative direction.
ATTACHMENTS
Attachment 1 – 2026 Yorba Linda Legislative Platform
2026 LEGISLATIVE PLATFORM
Overview
The Legislative Platform broadly summarizes the City’s core legislative principles for the purpose of directing advocacy efforts at the regional, State, County, and federal levels of government. Having an adopted platform, which the City Council approves annually, enables the City to quickly respond to emerging issues and legislation to protect and promote the City’s interests while ensuring those efforts are aligned with City Council policy.
This platform does not preclude the City Council from considering individual bills or policies that merit action but focuses the City’s efforts to ensure professional analysis and effective advocacy for issues that may affect Yorba Linda.
Policy Guidelines
I. Defend Local Control
Preserve and protect the City’s powers, duties, and abilities to enact legislation and policy direction concerning local affairs and oppose legislation that preempts local authority.
Local agencies should preserve and enhance authority and accountability for local revenues raised and services provided.
II. Promote Fiscal Stability
Support measures that promote fiscal stability, predictability, and financial independence.
Support measures that preserve the City’s revenue base and local control over local government budgeting, recognizing that economic cost is a factor in considering the merits and/or impacts of proposed legislation or regulation.
Oppose measures that make Yorba Linda more dependent on the County, State or federal governments for financial stability, such as mandated costs with no guarantee of local reimbursement or offsetting benefits.
Oppose measures that shift local funds to the County, State or federal governments, without offsetting benefits.
III. Support Funding Opportunities
Support opportunities that allow the City to compete for its fair share of regional, State and federal funding, and that maintain funding streams. Opportunities may include competitive grant and funding programs, and dedicated funding streams that allow the City to maximize local revenues, offset and leverage capital expenditures, and maintain City standards and goals.
IV. Maintain High Quality of Life
Support measures and opportunities that increase Yorba Linda’s standards for a high quality of life, as affected by a healthy local business community, high quality amenities and facilities, clean neighborhoods, access to healthcare, and effective public safety agencies.
Oppose measures with a detrimental impact on local quality of life.
Legislative Priorities
Community Services
• Support funding, measures, and legislation that provide for constructing, rehabilitating and maintaining public facilities, parks and open space. • Oppose State legislation that might limit local government’s ability to collect or allocate park in-lieu fees.
• Support legislation and grants that facilitate the provision of recreational activities for all segments of the population.
Environmental Quality
• Oppose legislation that imposes undue hardship on residents, businesses, and local agencies to implement environmental regulations.
• Support measures that expand markets for recyclable materials and maintain local authority and flexibility to regulate solid waste and recyclables. • Oppose waste and resource recovery measures imposing State-mandated costs when there is no guarantee of local cost recovery or offsetting benefit. • Support legislation that establishes funding opportunities that provide for compliance with environmental regulations.
Governance, Transparency and Labor Relations
• Monitor mandates in connection with proposed administrative or legislative action that would modify the governing responsibilities and authority of the City Council. • Support legislation that modernizes requirements for publication of legal notices to allow for electronic posting.
• Support measures to achieve and maintain fair and proportionate representation on county-wide and regional boards.
• Support measures to clarify the California Voting Rights Act. • Oppose measures that reduce local control or create additional financial burden related to employee relations and collective bargaining issues that can be negotiated at the bargaining table.
• Support reform measures that provide sustainable and secure public pensions and other post-retirement benefits to ensure responsive and affordable public services.
Housing, Community and Economic Development
• Support legislation that strengthens local control and decision making on land use and zoning matters.
• Oppose legislation that erodes the ability of cities to condition and deny projects that inadequately mitigate impacts to the community.
• Support reforms and improvements to housing element law to provide clear processes and flexibility to allow regional cooperation and establish realistic housing goals and performance standards.
• Support economic development initiatives that preserve and enhance a positive business climate and maintains and grows the business tax base. • Support legislation that provides tangible and productive tools and investment to support job creation, job retention and local business. • Support legislation that provides funding, resources, and flexibility to provide or direct unhoused individuals toward affordable, transitional, supported, and emergency housing.
Public Safety
• Support legislative efforts to improve local law enforcement, fire suppression and prevention, hazardous materials mitigation, rescue, emergency medical services and disaster preparedness.
• Support legislation and seek funding to assist local law enforcement to reduce crimes related to illicit drugs, burglary, assault, and domestic violence. • Support measures that protect children and youth from tobacco, alcohol and drug use and related products, and that support related prevention and intervention programs. • Support legislation to deter drivers from operating motor vehicles while under the influence of alcohol and drugs.
• Support measures that provide frontline funding for law enforcement services associated with the “early release” of prisoners resulting from State-mandated criminal justice realignment provisions.
• Support increased funding for disaster preparedness, prevention, recovery and responses for all hazard threats.
• Support legislation that strengthens cities’ authority to regulate business that serve as fronts for illegal conduct such as human trafficking, prostitution, etc. • Support legislation that increases State and federal resources for wildland firefighting and emergency coordination, forestry management, and insurance market regulations that promote fair and affordable home insurance products.
Revenue and Taxation
• Oppose legislation that would increase the City’s dependence on the State for financial stability and policy direction.
• Support the preservation and enhancement of the City’s ability to generate and retain sales and use tax revenue, and local point-of-sale revenue allocations. • Oppose legislation to alter how transient occupancy taxes are calculated and collected.
Transportation, Communications and Public Works Infrastructure • Support and pursue funding that benefits the City’s transportation network and public works infrastructure projects.
• Support protection of dedicated transportation-related tax revenues and enhance the ability of local agencies to finance local transportation programs and infrastructure.
• Support efforts to maintain the City’s ability to retain existing fees on telecommunications services for public, educational and governmental channels. • Oppose efforts to restrict the City’s authority to zone and plan for the deployment of telecommunications infrastructure.
• Support the City’s ability to maintain and manage the public right-of-way and receive compensation for its use.
Advocacy Efforts
Responding to legislative and regulatory matters may require different approaches depending on the potential impact, but the City can generally advocate for the City Council’s priorities using the following tools:
Position Letters
The City will draft position letters stating the City’s official position of “oppose” if the City determines that a bill would have a negative impact on Yorba Linda, or “support” if a bill is favorable. Position letters are typically addressed to the committee chair, board members, and/or author(s) of the relevant bill, with copies to Yorba Linda’s local elected officials.
Community Engagement
Proposed legislation can often have significant impacts felt beyond city hall. When bills are determined to have a strong impact on quality of life in Yorba Linda, the City may inform the community of the City’s official position to encourage community education and participation.
In-Person Advocacy
When appropriate, the City Council, staff, and/or representatives may engage directly with local elected officials, bill authors, or their staff to advocate for the City’s position on specific bills or legislation. Staff may also participate in public hearings or other public meetings to represent the City’s interests.
PLANNING COMMISSION | AGENDA ITEM SUMMARY
MEETING DATE | JANUARY 14, 2026
Community Development Department
Planning Division
Director
Nate Farnsworth, AICP
4.1 SELECTION OF CHAIRMAN
A motion by Commissioner Goldfarb, second by Commissioner Chavez Marquez, to nominate Commissioner Masterson as Chairman. The motion carried (4-0-1) with the following roll call vote:
AYES: Bernstein, Chavez Marquez, Godlfarb, Masterson
NOES: None
ABSENT: Behura
ABSTAIN: None
4.2 SELECTION OF CHAIR PRO TEM
A motion by Commissioner Bernstein, second by Commissioner Chavez Marquez, to nominate Commissioner Goldfarb as Chair Pro Tem. The motion carried (4-0-1) with the following roll call vote:
AYES: Bernstein, Chavez Marquez, Godlfarb, Masterson
NOES: None
ABSENT: Behura
ABSTAIN: None
5.1 APPROVAL OF DECEMBER 10, 2025, PLANNING COMMISSION MEETING MINUTES A motion by Commissioner Bernstein, second by Commissioner Chavez Marquez, to approve the minutes as drafted. The motion carried (4-0-1) with the following roll call vote:
AYES: Bernstein, Chavez Marquez, Godlfarb, Masterson
NOES: None
ABSENT: Behura
ABSTAIN: None
8.1 TENTATIVE PARCEL MAP 2025-01, TENTATIVE TRACT MAP 19385, CONDITIONAL USE PERMIT 2025-57, DESIGN REVIEW 2025-01 – OLSON URBAN HOUSING, LLC Behura arrived at 6:41 p.m.
A request for Tentative Parcel Map 2025-01 to subdivide 1.9-acres from the 6.5-acre Messiah Lutheran Church campus for the purpose of a single-lot subdivision to be processed through Tentative Tract Map 19385, Conditional Use Permit and Design Review for site planning and architectural design review approval for a 40-unit, three-story residential condominium project.
A motion by Commissioner Behura, second by Commissioner Bernstein, adopting Resolution No. 5654 Tentative Parcel Map 2025-01, Resolution No. 5655 Tentative Tract Map 19385, Resolution No. 5656 Conditional Use Permit 2025-57 and by minute motion Design Review 2025- 01 Olson Urban Housing, LLC subject to attached conditions and adding additional conditions. The motion carried (5-0) with the following roll call vote:
Speakers in favor: 4
Speakers in opposition: 0
AYES: Bernstein, Behura, Chavez Marquez, Goldfarb, Masterson NOES: None
ABSENT: None
ABSTAIN: None
10.1 RE-APPROVAL OF VARIANCE 2019-02, CONDITIONAL USE PERMIT 2019-10, CONDITIONAL USE PERMIT 2019-40, AND DESIGN REVIEW 2018-02 – SIOSON PROPERTY ADDRESS: 4901 LAKEVIEW AVENUE
A request to construct an approximately 11,200 square foot commercial building within the Town Center Commercial District with a lot coverage of approximately seventy percent (70%) as opposed to the required fifty percent (50%) lot coverage, as well as a request to participate in the City’s Parking In-Lieu Fee Program, and a request to allow for alcohol sales for two restaurants.
Applicant had requested to withdraw their application.
Speakers in favor:
Speakers in opposition:
8.2 MEMO FOR CONTINUED CONDITIONAL USE PERMIT 2024-42 – TIRA PROPERTY ADDRESS: 4895 SUNBEAM LANE
An appeal, pursuant to Section 18.38.080.D of the Yorba Linda Zoning Code, to the Zoning Administrator’s approval of a request to construct a 911 square foot second-story addition to an existing 6,339 square foot two-story single-family residence, the area of construction within seventy feet (70’) of another single-family residence.
Speakers in favor: 0
Speakers in opposition: 0
A motion by Commissioner Behura, second by Commissioner Bernstein, to continue Conditional Use Permit 2024-42 Tira to the next scheduled planning Commission meeting date of January 28, 2026. The motion carried (5-0) with the following roll call vote:
AYES: Bernstein, Behura, Chavez Marquez, Goldfarb, Masterson NOES: None
ABSENT: None
ABSTAIN: None
Adjournment: The meeting adjourned at 9:34 p.m. to January 28, 2026, Planning Commission meeting at 6:30 p.m.
CITY CLERK'S OFFICE
DATE: JANUARY 20, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS
RECOMMENDATION
That the City Council receive and file this report.
DISCUSSION
Councilmembers serve on a number of outside committees and agencies. Attached are updates received recently from these agencies.
ALTERNATIVES
1. Reports from City Council Organizations, Agencies and Committees
MONTHLY REPORT:
December
Monthly Year to Date (YTD) County Monthly County YTD
Service Requests Completed 10 106 215 3,212
Mosquitoes 9 90 174 2,569
Rats 0 7 29 405
RIFA 1 6 8 155
Number of Swimming Pools Inspected/Treated 25 257 615 8,097 Hours Spent Treating/Inspecting Gutters 0 53.58 0 4,225.3 Acres of Flood Channels Treated 0 1.645 4.6444 633.8307 Acres Treated for RIFA 69 755 1,462 22,576
IT (inspection/treatment) Sites Serviced 25 430 1,274 16,873 Adult Mosquitoes Collected 0 1053 3,601 218,316
Mosquito Pools (Samples) Tested 0 35 140 5,361
WNV Positive Samples 0 0 2 186
Other Positive Samples 0 0 0 0
WNV Positive Birds 0 0 0 4
Outreach Events Attended 0 0 1 61
General Presentations 0 1 0 37
Educational Program Presentations 0 0 12 119
Service Requests & Miscellaneous Calls Received 16 134 313 5,111 Fleas, Ticks, and Others Tested - - - 2,484
Number of Disease Investigations 0 3 6 73
WNV Investigations 0 0 0 5
Dengue Investigations 0 0 2 18
Typhus Investigations 0 3 3 44
Other Investigations 0 0 1 6
Underground Storm Systems Treated 0 320 217 26,112
Public Insect ID Completed - - 27 507
COUNTY WIDE PROJECTS / INFORMATIONAL UPDATE
Yorba Linda
CONTROL
SURVEILLANCE
COMMUNICATIONS / OUTREACH