Yorba Linda City Council
April 21, 2026

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Exhibit “E”
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the lien or charge of the Lender Deed of Trust to the lien or charge of the AHA, all as further set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual benefits accruing to City, Lender and Participant, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby declared, understood and agreed as follows:

1. Subordination

1.1 Subordination of City Deed of Trust to Lender Deed of Trust The Lender Deed of Trust (and any renewals or extensions of, or advances, including interest, thereunder) shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to the lien or charge of the City Deed of Trust, and to all present and future indebtedness and obligations secured thereby, together with all rights and privileges of City thereunder.

1.2 Subordination of Lender Deed of Trust to AHA
The AHA shall unconditionally be and remain at all times a lien or charge on the Property, prior and superior to the lien or charge of the Lender Deed of Trust, and to all present and future indebtedness and obligations secured thereby, together with all rights and privileges of Lender thereunder, but subject to the terms and conditions of this Agreement.

2. Reliance by Lender and City
Lender would not make the Lender Loan, and City would not permit the Lender Loan to be an encumbrance prior to and superior to the City Deed of Trust, without this Agreement and each of the undersigned understands that in reliance upon, and in consideration of, the subordinations effected hereby, specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for such reliance upon these subordinations.

3. Notification
Upon City’s or Lender’s recordation of a Notice of Default in the Official Records of the County of Orange, the party recording the Notice of Default shall, concurrently with such recording, provide the other party with a copy of such Notice of Default.

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Exhibit “E”
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4. Disbursements
Lender, in making disbursements of the proceeds of said Lender Loan, is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom disbursements thereof are made and any application or use of such proceeds for purposes other than those provided in the documents evidencing and securing such Lender Loan shall not defeat the subordination herein made in whole or in part.

5. Miscellaneous

5.1 Entire Agreement
This Agreement shall be the whole and only agreement with regard to the matters set forth herein and shall supersede and cancel, but only insofar as would affect the priority between the Lender Deed of Trust, the AHA, and the City Deed of Trust, any prior agreement as to such subordinations.

5.2 Successors and Assigns
This Agreement shall inure to and bind the heirs, legatees, devisees, administrators, executors, successors and assigns of the parties hereto.

5.3 California Law
This Agreement shall be construed according to the internal laws of the State of California without regard to conflict of law principles.

5.4 Severability
If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

5.5 Notice
Any notice, demand, request, consent, approval or communication that any party desires or is required to give to another party or any other person must be in writing and may be given by personal delivery, by mailing the same by registered or certified mail,

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return receipt requested, postage prepaid, or by a reputable same day or overnight delivery service that provides a receipt showing date and time of delivery, to the party to whom the notice is directed at the address of such party hereinafter set forth, or such other address and to such other persons as the parties may hereafter designate. Any such notice shall be deemed given (i) upon receipt if by personal delivery or by delivery service, or (ii) forty-eight (48) hours after deposit in the United States mail, if sent by mail pursuant to the foregoing.

If to City: City of Yorba Linda
4845 Casa Loma
Yorba Linda, CA 92886
Attention: City Manager
With copy to: Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, CA 92612
Attention: Todd Litfin, Esq.

If to Participant: _________________
_________________
_________________
Yorba Linda, CA ____
If to Lender: __________________
__________________
__________________
Attention:___________

5.6 Attorneys’ Fees
In the event that any action, suit or other proceeding is brought to enforce the obligations under this Agreement, the prevailing party shall be entitled to receive all of such party’s costs and expenses of suit, including attorneys’ fees, expert witness fees, and all costs incurred in each and every action, suit or other proceeding, including any and all appeals or petitions therefrom.

5.7 Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same document. [End – Signature Page Follows]

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Exhibit “E”
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IN WITNESS WHEREOF, the parties have executed this Subordination Agreement as of the date first written above.

NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY

INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENTS. “CITY”
CITY OF YORBA LINDA, a California
municipal corporation
By:

Peter Grant, City Manager
ATTEST:

By:

Marcia Brown, City Clerk

APPROVED AS TO FORM

RUTAN & TUCKER, LLP
By:

Todd O. Litfin, City Attorney
“PARTICIPANT”
_____________________________________
By: ___________________________________
By: ___________________________________
“LENDER”
By:

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Exhibit “E”
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Orange )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ______________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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Exhibit “E”
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Orange )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared _______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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Exhibit “E”
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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Orange )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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EXHIBIT “E”
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ATTACHMENT NO. 1

LEGAL DESCRIPTION OF PROPERTY
That certain real property located in the City of Yorba Linda, County of Orange, State of California described as follows:

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Exhibit “F”
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EXHIBIT “F”

SELLER CHECKLIST
[See attached]

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Exhibit “F”
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[INSERT PROPERTY ADDRESS]

SELLER CHECKLIST

SUMMARY
Application Date:

Proposed Buyer:

Vesting:

Property Address:

Household Size: Gross Household Income:

Affordable Sales Price:

Pre-Approval / Denial Date:

Primary Mortgage Amount: Down Payment Amount:

Interest Rate: Cost to Close:

Final Approval / Denial Date: Close of Escrow:

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PHASE I DOCUMENTS:

REQUIRED TO BE SUBMITTED BY THE PARTICIPANT AND/OR THE PRIMARY MORTGAGE

LENDER TO THE CITY ADMINISTRATOR FOR PRE-APPROVAL OF A PROSPECTIVE BUYER HOUSEHOLD COMPOSITION DOCUMENTS:

1. For all Adult Household members, a photocopy of a driver’s license or other photo identification must be provided.

2. For minors, a copy of the birth certificate is the preferred form of identification. If a birth certificate is not available, the City may accept the following: adoption papers, custody agreement, court-ordered assignment, or verification for a social services agency.

3. Adult Household members who are dependents of the proposed buyer, and who are full-time students will be required to provide copies of school transcripts or registration verification showing current full-time student status.

4. Divorced or legally separated Household members must provide a copy of the divorce decree or legal separation document signed by a court officer. Married, but separated, couples must demonstrate at least one full year of complete financial and residential separation at time of application to be considered separated for purposes of determining eligibility. If this cannot be demonstrated, the couple must submit the application as co-applicants.

FINANCIAL DATA:

1. Credit reports shall be submitted for each Adult Household member. Credit reports will be used to confirm information pertaining to the proposed buyer such as current and previous addresses, current and previous employers, marital status, loan history, income to debt ratio, etc.

2. Copies of the three most recent months of statements for all accounts, including checking, savings, or other investment accounts owned in part or full by all Adult Household members shall be submitted:
a. These account statements must demonstrate that the funds proposed to be used for the Actual Down Payment have been available for at least 90 days. b. These statements must identify the current period and year-to-date income earned on each account through interest and/or dividends.

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3. Signed copies of each Adult Household member’s most recent federal income tax return, including all schedules and attachments, must be submitted. Tax returns shall be used by the City to verify residency history, family composition, income history, and real estate ownership.

4. A copy of a pre-qualification letter and full loan application packet shall be submitted by the Primary Mortgage Lender. The application packet shall include but shall not be limited to the signed fully completed mortgage application, loan underwriting analysis, income verification and credit verification.

5. Evidence shall be submitted that verifies that the proposed buyer’s Back-End Ratio does not exceed 50%.

6. Evidence shall be submitted that verifies that the proposed Actual Down Payment amount comports with the defined minimum and maximum percentages of the Sales Price.

INCOME VERIFICATION:

1. In the order of preference, the following employment income verification sources will be considered acceptable. The documentation must specify the amount and type of pay (i.e. wages, overtime wages, commissions, and bonuses), frequency of pay, and year to date earnings:
a. Check stubs or earning statements showing employee’s gross pay per pay period and frequency of pay. The check stubs should include the year-end statement for the last full year of employment, and the most recent four pay periods; or b. Letter from the employer on company letterhead and signed by an authorized company representative.

2. Net income from a business owned in part or full by any Adult Household member will be considered when determining income eligibility. Net income is defined as gross revenues received minus cash expenses that are essential for the operation of the business. Capital expenditures, principal reductions on loan obligations, and depreciation are excluded from the calculation of net income:
a. To estimate current net business income, the City will require the most recent two federal tax returns and two full years of business and personal checking, savings, and other investment account statements for all business owners/partners. proposed buyers with fewer than two full years of verifiable business income history will not be considered for eligibility to purchase an Affordable Unit.

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b. proposed buyers must itemize gross business revenues for the period covered by the most recent two federal tax returns and forecast gross business revenues for the year beyond the time of application. The proposed buyers must also itemize the cash expenses that were applied to determine net business income for both periods.

3. The net equity in real property owned by any Adult Household member will be considered when determining income eligibility:
a. The City will require proposed buyers to obtain an appraisal of the property’s Fair Market Value.
b. proposed buyers must provide substantiating information that identifies the dollar amount of any outstanding loans secured by the property. c. If the property is proposed to be sold prior to the close of escrow on the Affordable Unit, the funds being applied to the down payment and/or closing costs on the purchase of the Affordable Unit will be deducted from the net equity.
d. In accordance with California Code of Regulations Section 6914, a 10% return on equity will be added to the proposed buyer’s Gross Income.

4. Proposed buyers must submit a copy of their most recent award or benefit notification letter for Social Security, Pensions, Supplementary Security Income (SSI), Welfare and/or Disability Income prepared and signed by the authorizing agency. At the City’s sole discretion, checks or bank deposit slips that show only net amounts remaining after deductions for SSI or Medicare may be accepted when award letters cannot be obtained.

5. Verification of alimony or child support income will be considered acceptable in the order listed:
a. Copy of a separation of settlement agreement or a divorce decree stating amount and type of support and payment schedules.
b. A notarized letter from the person paying the support attesting to the amount and terms of support payments.

ADDITIONAL REQUIRED DOCUMENTS

1. Form 1003 – Loan application for the Primary Mortgage

2. Verification that the Prospective Home Buyer has made an appointment to attend the Home Buyer Education Course.

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PHASE II DOCUMENTS

REQUIRED TO BE SUBMITTED BY THE PRIMARY MORTGAGE LENDER

TO THE CITY ADMINISTRATOR FOR THE FINAL APPROVAL

OF THE PROPOSED RESALE OF THE AFFORDABLE UNIT

1. Residential Purchase Agreement

2. Affordable Housing Disclosure Statement

3. Conditional Approval of the Primary Mortgage by the Primary Mortgage Lender

4. Loan estimate for the Primary Mortgage

5. Draft Closing Disclosure for the Primary Mortgage

6. Estimated Closing Statement from Escrow

7. Verification of Employment for all Adult Household members

8. Preliminary title report with wiring instructions

9. Escrow instructions with vesting information

10. Appraisal for the Affordable Unit

11. Certificate of completion for the Home Buyer Education Course

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EXHIBIT “G”

BUYER APPLICATION
[See attached]

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Exhibit “G”
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BUYER ELIGIBILITY APPLICATION
[INSERT PROPERTY ADDRESS]

CITY OF YORBA LINDA
This application must be completed, attached with all applicable required documents, signed by all applicants, and submitted to the City of Fullerton. Co-applicant information must be provided for all household members and/or persons to be designated on the property title.

Applicant Information
Name of Applicant:

Marital Status: Date of Birth:

Social Security #: Driver License #:

Employment Status: Number of Years at Current Address:

Current Address:
 Own  Rent
Primary Telephone #: Email Address:

Co-Applicant Information
Name of Co-Applicant:

Marital Status: Date of Birth:

Social Security #: Driver License #:

Employment Status: Number of Years at Current Address:

Current Address:
 Own  Rent
Primary Telephone #: Email Address:

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Additional Household Member Who Will be Residing in the Affordable Unit (For more than one additional household member provide the information on a separate sheet) Name of Additional Household Member:

Relationship to the Applicant: Date of Birth:

Social Security #: Driver License #:

Employment Status: Number of Years at Current Address:

Current Address:
 Own  Rent
Primary Telephone #: Email Address:

Persons that will Appear on Title to the Property:

Name Relationship to the Applicant
Threshold Questions
At the time of purchase will any household member or person proposed to appear on title to the property have any interest in real property, including mobilehomes?
 Yes  No
Will the Property be your primary residence? This means that your household must occupy the unit for at least 10 out of 12 months per year.  Yes  No

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Mortgage Lender Information
Contact Person Name:

Lender’s Address:

Telephone #: Email Address:

Purchase Price Information
Total Purchase Price of the Property:

Mortgage Amount: Down Payment Amount:

Note: All household members and persons who will appear on title to the property must initial next to the Total Purchase Price of the Property, acknowledging that the property is subject to affordable housing agreements with the City of Fullerton. By initialing this price, you indicate your understanding and agreement that no payment will be made separate from this price and/or separate from the Residential Purchase Agreement by you or anyone on your behalf.

Source of Funds for Down Payment and Closing Costs
Source of Funds
Dollar Amount to be Used for Down Payment &
Closing Costs

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Gross Earned Income 1
List All Sources of Earned Income for:

Household Members and Persons that will Appear on Title to the Property Provide an additional sheet if necessary
Head of
Household
Other
Household
Member(s)
Monthly
Total

1. Gross amount, before payroll deductions of
wages, salaries, overtime pay, commissions,
fees, tips and bonuses
$ $ $

2. Net income from business $ $ $

3. Social security, annuities, insurance policies,
pension/retirement funds, disability or
death benefits received periodically
$ $ $

4. Payment in lieu of earnings, such as
unemployment, disability compensation,
worker’s compensation and severance pay
$ $ $

5. Public assistance, welfare payments $ $ $

6. Alimony, child support, other periodic
allowances
$ $ $

7. Regular pay, special pay and allowances of
members of the Armed Forces
$ $ $

8. Other $ $ $
Subtotal: Monthly Earned Income $
Total Monthly Earned Income x 12 = $_______________ Total Annual Household Gross Earned Income
1 The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience.

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Assets 2
List All Assets Owned by Household Members and Persons that will Appear on Title to the Property Provide an additional sheet if necessary
Head of
Household
Other
Household
Member(s) Total
Return @ 10%
of Total

1. Bank & savings accounts $ $ $ $

2. Stocks and bonds $ $ $ $

3. Real property $ $ $ $

4. Other $ $ $ $
DOCUMENTS REQUIRED TO BE SUBMITTED WITH THE APPLICATION:

1. A copy of California driver license or identification for all household members and any person who will appear on title to the property.

2. Copy of three most recent months of checking, savings, and other investment account statements for all household members and persons who will appear on title to the property. If self employed, 12 months of personal and business account statements are required. Account statements must demonstrate sufficient funds for the down payment and closing costs.

3. Signed copies of the two most recent years of federal tax returns (with all schedules and attachments), including W2s and 1099s for all household members and persons who will appear on title to the property. If self employed, include four most recent quarterly tax filings.

4. If applicable:
a. Copy of separation agreement, divorce decree evidencing dissolution of marriage, and/or alimony.
b. Copy of three most recent pay stubs.
c. Copy of pension statements.
2 Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. Under California Government Code Section 6914, if the total value of household assets exceeds $5,000, the calculation of the household’s annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets.

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d. Copy of Social Security verification.
e. Copy of disability income verification.
f. Copy of unemployment benefits verification.
g. Copy of welfare verification.

CERTIFICATION
I/We certify, under penalty of perjury, that the information provided in this Homebuyer Eligibility Application: ________________ is true and correct as of the date set forth opposite my/our signature(s) and acknowledge my/our understanding that any intentional or negligent misrepresentation(s) of the information contained in this application may result in civil liability and/or criminal penalties including, but not limited to, fines or imprisonment, or both, liability for monetary damages to the City of Fullerton, its agents, insurers, and any other person who may suffer any loss due to reliance upon any misrepresentation which I/we have made on this application.

Applicant’s Signature Co-Applicant’s Signature
Applicant’s Name Co-Applicant’s Name
Date Date

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EXHIBIT “H”

SAMPLE CALCULATION OF AFFORDABLE SALES PRICE
[See attached]

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FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Yorba Linda
4845 Casa Loma
Yorba Linda, CA 92886
Attention: City Clerk
(Space Above For Recorder’s Use)
[Exempt from Recordation Fee per Gov. Code § 27383]

DEED OF TRUST
THIS DEED OF TRUST (this “Deed of Trust”) is entered into as of ___________________, by _____________________________________, whose address for notice purposes is _______________________________ (“Trustor”), in favor of FIRST AMERICAN TITLE COMPANY (“Trustee”) for the benefit of the CITY OF YORBA LINDA, whose address for notice purposes is 4845 Casa Loma, Yorba Linda, CA 92886 (“Beneficiary” or “City”).

RECITALS
A. Trustor is the owner of fee title to that certain real property located in the City of Yorba Linda, County of Orange, State of California, as more particularly described in Exhibit “A” attached hereto (the “Property”).

B. The Property is part of a forty (40) unit residential townhome project developed by Olson Urban VI – Yorba Linda 2, LLC, a Delaware limited liability company (the “Project Developer”). The Property and the adjacent real property developed as part of the project (collectively, the “Project Site”) is in City’s Residential Urban (R-U) zoning district and is also in City’s Congregational Lands Overlay (CLO) Zone, which, among other requirements, requires that a minimum of twenty percent (20%) of the units developed shall be offered to, and sold to low or moderate income households at an affordable housing cost.

C. Pursuant to the CLO Zone requirements, eight (8) of the residential units constructed by the Project Developer (the “Affordable Units”) are required to be restricted, for forty-five (45) years, for sale to and ownership and occupancy by households which qualify as “persons and families of moderate income” pursuant to Health and Safety Code section 50093 at an affordable sales price, as calculated and determined pursuant to the methodology set forth in Health and Safety Code section 50052.5 (the “Affordable Sales Price”).

D. Pursuant to the State of California’s Density Bonus Law (Government Code Section 65915 et seq.) (the “Density Bonus Law”), the residential project qualified for a density bonus (which the Project Developer elected not to request). In connection with the Project Developer’s entitlement application, the Project Developer requested, under the Density Bonus Law, and City granted, waivers of certain City development standards.

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E. On _____, 2026, City and the Project Developer entered into that certain Affordable Housing and Density Bonus Agreement and Declaration of Covenants, Conditions, and Restrictions, which was recorded on ________, as Instrument No. _____________, in the Official Records of Orange County (the “Declaration”). The Declaration designated the Property as one of the Affordable Units.

F. To implement the requirements of the Declaration, Trustor and City entered into that certain Affordable Housing Agreement with Resale Restrictions and Option to Purchase (the “Agreement”). Under the terms of the Agreement, Trustor is required, among other things, to occupy the Property as Trustor’s principal place of residence, and may only sell the Property to income-eligible households at a restricted sales price, as approved by City, all as more particularly set forth therein.

G. Trustor is executing this Deed of Trust in favor of Beneficiary to secure certain financial obligations of Trustor under the Agreement and Trustor’s performance of its obligations under the Agreement.

NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated herein by this reference, and for other valuable consideration, the sufficiency of which is hereby acknowledged, Trustor, Trustee and Beneficiary agree as follows:

1. Grant In Trust. For the purposes and upon the terms and conditions set forth in this Deed of Trust, Trustor grants, transfers, and assigns to Trustee, in trust, with power of sale and right of entry and possession, the property located in the City of Yorba Linda, County of Orange, State of California described in Exhibit “A” and any interest therein, together with rents, issues, and profits thereof (“Property”).

2. Obligations Secured. Trustor makes this grant and assignment for the purpose of securing the following obligations: (i) the obligation to comply with and perform all of Trustor’s obligations under the Agreement and under this Deed of Trust, (ii) the obligation under Section 16 of the Agreement to pay the “Damage Amount” (as defined in the Agreement) in the event such amount becomes due, or to obtain any other legal or equitable remedy for a default under the Agreement, and (iii) the obligation under Section 21 of the Agreement to pay attorneys’ fees and costs incurred by City if the event such fees and costs become due.

3. Subordination; Priority of Agreement. The lien created by this Deed of Trust shall be subject and subordinate to the lien of Trustor’s primary mortgage (“First Deed of Trust”) and to any refinancing of that loan permitted under the Agreement, and City shall promptly execute, acknowledge and deliver such subordination agreement or other similar documentation as the lender making the loan secured by that First Deed of Trust, or such refinancing thereof, may request to confirm the subordination of this Deed of Trust. Notwithstanding the foregoing, however, the Agreement shall be and remain in a prior position to the First Deed of Trust and any refinancing of that loan permitted under the Agreement.

4. Incorporation of Fictitious Deed of Trust. To protect the security of this Deed of Trust, and with respect to the Property above described, Trustor expressly makes each

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and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in the offices of the County Recorders of the counties of the State of California on October 25, 1973, in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely (and reprinted herein):

COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 435 684 Kings 792 833 Placer 895 301 Sierra 29 335 Alpine 1 250 Lake 362 39 Plumas 151 5 Siskiyou 468 181
Amador 104 348 Lassen 171 471 Riverside 3005 523 Solano 1105 182 Butte 1145 1 Los
Angeles
T2055 899 Sacramento 4331 62 Sonoma 1851 689
Calaveras 145 152 Madera 810 170 San Benito 271 383 Stanislaus 1715 456 Colusa 296 617 Marin 1508 339 San
Bernardino
5567 61 Sutter 572 297
Contra
Costa
3978 47 Mariposa 77 292 San
Francisco
A332 905 Tehama 401 289
Del Norte 78 414 Mendocino 579 530 San
Joaquin
2470 311 Trinity 93 366
El Dorado 568 456 Merced 1547 538 San Luis
Obispo
1151 12 Tulare 2294 275
Fresno 4626 572 Modoc 184 851 San Mateo 4078 420 Tuolumne 135 47 Glenn 422 184 Mono 52 429 Santa
Barbara
1878 860 Ventura 2062 386
Humboldt 657 527 Monterey 2194 538 Santa Clara 5336 341 Yolo 653 245 Imperial 1091 501 Napa 639 86 Santa Cruz 1431 494 Yuba 334 486 Inyo 147 598 Nevada 305 320 Shasta 684 528
Kern 3427 60 Orange 5889 611 San Diego Series 2 Book 1961, Page 183887 shall inure to and bind the parties hereto, with respect to the Property.

Notwithstanding the incorporation herein of subdivision A and subdivision B of the fictitious deed of trust referenced above, Trustor shall not be required to procure and maintain property insurance for the Property, because the Property consists of an airspace condominium unit. The building and physical structure within which the Property is located will be owned, maintained, and insured by the development’s homeowner’s association. Further, in the event of any conflict between the provisions of the Agreement and the provisions of subdivision A or subdivision B of said fictitious deed of trust, the provisions of the Agreement shall control; provided, however, a conflict shall only be deemed to exist if compliance with the provisions of one of such instruments will result in a violation of the other such instrument.

Trustor has caused this Deed of Trust to be executed as of the date set forth above. “TRUSTOR”
[INSERT SIGNATURE BLOCK]

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A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Orange )
On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein.

A. To protect the security of this Deed of Trust, Trustor agrees:
1) To keep said property in good condition and repair, not to remove or demolish any building thereon; to complete or restore promptly and in a good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor, to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general.
2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary.

The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at the option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney’s fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed.
4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust.

Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary of Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same is such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. 5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from the date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded.

B. It is mutually agreed:
1) That any award in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. 2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. 3) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon, or join in any extension agreement or any agreement subordinating the lien or charge hereof.
4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as “the person or persons legally entitled thereto.” 5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in the performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or be a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney’s fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collecting of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 6) That upon default by Trustor in payment of any indebtedness secured hereby or in the performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby.

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After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale.

After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. 7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee.
8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 9) That Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.

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EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY
That certain real property located in the City of Yorba Linda, County of Orange, State of California, more particularly described as follows:

ADMINISTRATION DEPARTMENT
DATE: APRIL 21, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PETER GRANT, CITY MANAGER
PREPARED BY: GEOFF SPENCER, PRINCIPAL MANAGEMENT

ANALYST
SUBJECT: APPROVE LANDFILL WASTE INFRASTRUCTURE SYSTEM ENTERPRISE

AGREEMENT

RECOMMENDATION
Approve the Waste Infrastructure System Enterprise Agreement with Orange County Waste & Recycling.

SUMMARY
Orange County cities’ landfill agreement with the County expires in June. A new 10-year agreement is recommended to guarantee Yorba Linda access to County landfills and a share of solid waste importation fees. Monthly disposal rates will adjust to account for increased operating costs and the expense of closing the Olinda Alpha Landfill in Brea.

Yorba Linda’s standard residential rate will increase $2.09 in the first year of the agreement (FY 2026-27). The rate will increase by $0.63 in FY 2027-28 and FY 2028-29 and by CPI only beginning in FY 2029-30.

DISCUSSION
Orange County Waste & Recycling (OCWR) operates three active landfills and many inactive sites. Since 1997, Orange County cities have participated in the Waste Disposal Agreement (WDA) which provided guaranteed landfill capacity and predicable dump rates.

The recommended Waste Infrastructure System Enterprise (WISE) Agreement replaces the WDA and addresses the next generation of landfill use.

The WDA limited annual disposal rate increases to CPI but did not account for rising operational, regulatory, and environmental compliance costs. OCWR projects that additional capital is needed to fund the Brea Olinda landfill closure and to expand the capacity of the landfill in San Juan Capistrano. To address these costs, OCWR initially proposed increasing

COUNTY LANDFILL AGREEMENT
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disposal rates from $43.76 per ton to $82 per ton in FY 2026-27 and then to $107 per ton by 2035. OCWR estimated its initial proposal would have increased average residential refuse bills by 10%.

Orange County cities joined together through the Orange County City Manager’s Association to negotiate a lower, phased rate structure:

FY
Rate
per ton
Residential
increase
2026-27 $67.00 + $2.09
2027-28 $74.00 + $0.63
2028-29 $81.00 + $0.63
2029-30 $81.00 + CPI + CPI
The result of those negotiations is projected to be a monthly adjustment of $2.09 (six percent) for Yorba Linda’s residential refuse customers beginning July 1, 2026. The additional County-imposed costs are separate from annual adjustments arising from Yorba Linda’s solid waste franchise agreement with Republic Services and organic recycling cost recovery charges that the City Council will consider at an upcoming meeting. These costs are estimated to be $1.30 per month.

While cities’ negotiations with OCWR focused on rates, other key provisions of the WISE agreement include:
 Annual “true-up” cost review that may offset/eliminate CPI adjustments  Providing cities more transparency and oversight of OCWR’s financial status and the WISE Agreement
 A blended CPI calculation that incorporates costs associated with refuse operations and consumer spending
Cities must adopt the WISE Agreement by April 30 to ensure landfill access at the negotiated rates and a continued share of the revenue OCWR earns from importing trash from outside of Orange County. Cities that fail to adopt the WISE Agreement by that deadline will face an additional 10% disposal rate increase, and cities that do not adopt the WISE Agreement at all will pay the noncontract disposal rate at an even higher premium.

Twenty-two of the 34 Orange County cities have approved the WISE agreement. The remaining 12 cities are scheduled to consider it before the end of April.

FISCAL IMPACT
None.

COUNTY LANDFILL AGREEMENT
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ALTERNATIVES
Do not approve the agreement and provide direction.

ATTACHMENTS
Attachment 1 – OCW&R Waste Infrastructure System Enterprise Agreement Attachment 2 – Franchise Hauler Acknowledgment

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

THE COUNTY OF ORANGE, CALIFORNIA
and
the

CITY OF YORBA LINDA
Dated April 21, 2026
County Authorization Date: City Authorization Date:

April 21, 2026
County Notice Address:

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

Pete Grant, City Manager
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886

TABLE OF CONTENTS
Page

ARTICLE I

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

ARTICLE II

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

ARTICLE III

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

ARTICLE IV

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

ARTICLE V

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

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

ARTICLE VII

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

ESTIMATED ANNUAL TONNAGE
APPENDIX 2

CUMULATIVE TONNAGE
APPENDIX 3

CUMULATIVE CAPITAL COSTS
APPENDIX 4

FRANCHISE HAULER ACKNOWLEDGEMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It is, therefore, agreed as follows:

ARTICLE I

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE II

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

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

ARTICLE III

DELIVERY AND ACCEPTANCE OF WASTE

AND PROVISION OF WASTE

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

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

number of tons actually delivered during the month(s) of the breach from the number of tons that were delivered during the same month(s) closest in time when there was no such breach, even if such month(s) closest in time was prior to the Term, and (2) multiplying such amount by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2). In the event that the County terminates the Agreement as a result of such breach, the damages due as a result of such termination shall be equal to the average monthly deliveries by the City for the twelve (12) months prior to the commencement of the breach multiplied by the Contract Rate in effect at the time of such breach (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2), multiplied by the number of months that would have remained in the Term of the Agreement had the termination not occurred. The parties recognize that if the City fails to meet its obligations hereunder, the County will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore, the parties agree that the damages specified above represent a reasonable estimate of the amount of such damages, considering all of the circumstances existing on the date hereto, including the relationship of the sums to the range of harm to the County that reasonably could be anticipated and anticipation that proof of actual damages would be costly or inconvenient. In signing this Agreement, each party specifically confirms the accuracy of the statements made above and the fact that each party had ample opportunity to consult with legal counsel and obtain an explanation of this liquidated damage provision at the time that this Agreement was made.
(F) Legal Challenges to Franchise System. The City shall use its best efforts to preserve, protect and defend its right to exercise and comply with the Waste Disposal Covenant against any challenge thereto, legal or otherwise (including any lawsuits against the City or the County, whether as plaintiff or defendant), by a Franchise Hauler or any other person, based upon breach of contract, violation of law or any other legal theory. The City shall bear the cost and expense of any such Legal Proceeding or other challenge. In the event any such Legal Proceeding relating to the Waste Disposal Covenant or the City’s exercise thereof establishes in a final determination that such covenant or exercise thereof is void, unlawful or unenforceable, or if any Franchise Hauler fails to deliver Controllable Waste to the Waste Infrastructure System in breach of its franchise with the City on the grounds that a judicial determination made by any court or other Applicable Law has rendered its obligation to deliver Controllable Waste to the Disposal System void, unlawful or unenforceable on any legal grounds, with the result that actual waste deliveries to the Disposal System fall below the Cumulative Tonnage Targets, the County shall be entitled to avail itself of the remedies described in Section 4.2(B) hereof.
(G) Franchise Haulers. The City shall compile and provide the Department with the following information concerning all Franchise Haulers: name, address and phone number; identification number; area of collection and transportation; and franchise and permit terms. (H) Waste Information System. The City shall cooperate with the Department in collecting information and otherwise monitoring Franchise Haulers in order to assure compliance with this Agreement, the Act, Organics Legislation, or other Applicable Law. Such information may include information such as, data pertaining to Controllable Waste collected, transported, stored, processed and disposed of, Recycled City Acceptable Waste collected, transported, stored, processed and marketed or disposed of, Controllable Organic Waste collected, stored, processed and marketed or disposed of, Franchise Haulers’ franchise, permit or license terms, collection areas, transportation routes and compliance with Applicable Law; and all other information which may reasonably be required by the Department in connection with this Agreement. The City agrees to include in any revised franchise, contract, license or permit or other authorization granted to Franchise Haulers an obligation of the Franchise Hauler to provide to the County information relating to the Controllable Waste collected by such Franchise Hauler, including origins from which such Controllable Waste was collected (identifying Controllable Organic Waste, Recycled City Acceptable Waste, or as otherwise may be required under this Agreement or under Applicable Law), tonnage by type of load (residential, commercial, roll-off box), customer service levels, tonnage delivered by transfer station or material recovery facility utilized, and other related information. (I) City Actions Affecting County. The City agrees to carry out and fulfill its responsibilities under this Agreement and Applicable Law so as to permit full and timely compliance by the County with its covenants and agreements with the State. In particular, the City agrees not to conduct, authorize or permit any disposal services for Controllable Waste to be provided in competition with the Disposal Services provided by the County hereunder, and not to take or omit to take any action with respect to Controllable Waste, its collection, transportation, transfer, storage, treatment, processing, or disposal that may materially and adversely affect the County’s ability to achieve such timely compliance. Notwithstanding the foregoing, the City shall not be required to deny any permit or license or refuse to grant any approval while exercising its police powers.

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

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

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

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

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

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

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

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

SECTION 3.4 UNINCORPORATED AREA ACCEPTABLE WASTE.

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

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

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

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

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

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

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

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

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

ARTICLE IV

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

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

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

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

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

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

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

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

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

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

Step 1:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. County Acceptable Waste, in tons;

2. Imported Acceptable Waste, in tons;

3. Revenues and expenditures;

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

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

other environmental costs.

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

ARTICLE V

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

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

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

cause under this subsection unless:
(1) The County has given prior written notice to the City stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the City and which will, in its opinion, give the County right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The City has neither challenged in an appropriate forum (in accordance with Section 5.5) the County’s conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than ninety (90) days from the date of the notice given pursuant to clause (1) of this subsection (but if the City shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the City is continuing to take such steps to correct such breach).

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

ARTICLE VI
TERM
SECTION 6.1 EFFECTIVE DATE AND TERM.
(A) Initial Term. This Agreement shall become effective, shall be in full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2036, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination.
(B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the Parties, on or before June 30, 2036 for an additional term of ten (10) years (the “Renewal Term”) on the same terms and conditions as are applicable during the Initial Term hereof or on amended terms as may be mutually agreed to by the Parties. The City shall give the County written notice of its election to renew this Agreement on or before June 30, 2035. If the parties do not execute a renewal of this Agreement prior to June 30, 2036 it shall expire. (C) Contract Rate During Renewal Term. In connection with the parties’ right to renew this Agreement for an additional ten-year term pursuant to Section 6.1(C), the parties shall, on or before January 31, 2036 negotiate an applicable change in the Contract Rate for such renewal term. In determining any revisions to the Contract Rate to be applicable during any renewal period, in addition to the circumstances described in Section 4.2(A), the parties may take into consideration the following parameters, including but not limited to:
(i) actual cost of operations;
(ii) population growth;
(iii) increase or decrease in available tonnage;
(iv) economic and disposal market conditions in the Southern California region; (v) new regulatory requirements;
(vi) Changes in Law;

(vii) changes in transportation and technology;
(viii) closure and expansion of nearby landfills;
(ix) capacity of the Disposal System;
(x) provision of new and/or expanded services; and
(xi) available reserves which are in excess of the amount reasonably required as reserves.
(D) Survival; Accrued Rights. The rights and obligations of the parties hereto pursuant to Sections 3.1(E)(2), 5.1, 5.3, 7.2, 7.3, 7.6, 7.7, 7.8, and 7.9 hereof shall survive the termination or expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations of the parties hereto accrued prior to the date of such termination or expiration. At the end of the Term of this Agreement, all other obligations of the parties shall terminate.

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

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

ARTICLE VII

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

The County, at its cost and expense through the County Solid Waste Enterprise Fund, shall at all times operate, or caused to be operated, the Waste Infrastructure System in accordance with Applicable Law and the operating rules and regulations of the Department and other applicable regulatory agencies.

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

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

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

SECTION 7.4 RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the

other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties.

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

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

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

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

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

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

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

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

SECTION 7.13 ASSIGNMENT OF AGREEMENT.

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

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

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

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

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

Signature Page to Follow

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

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

COUNTY COUNSEL

ORANGE COUNTY, CALIFORNIA
By
Date
Date By
Carlos Rodriguez, Mayor
City of Yorba Linda
Date By
Peter Grant, City Manager
City of Yorba Linda
APPROVED AS TO FORM:

By
City Attorney
Date

APPENDIX 1

ESTIMATED ANNUAL TONNAGE

APPENDIX 1

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

(3) NOTE: A participating City will only be included for purposes of determining the Commencement Date upon (i) execution of a WISE Agreement by that Participating City and (ii) execution of a Hauler Acknowledgement(s) by the Franchise Hauler(s) operating within such Participating City.

APPENDIX 2

CUMULATIVE TONNAGE

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

APPENDIX 3

CUMULATIVE CAPITAL COSTS

APPENDIX 3

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

APPENDIX 4

FRANCHISE HAULER ACKNOWLEDGMENT

FRANCHISE HAULER ACKNOWLEDGMENT
THIS FRANCHISE HAULER ACKNOWLEDGMENT, dated as of_______________(the “Acknowledgment”), and between the __________ (the “City”) and ______________ (the “Franchise Hauler”).

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

NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:

1. Capitalized terms used and not otherwise defined herein are used as defined in the WISE Agreement.

2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest

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

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

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

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

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

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

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

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

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

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

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

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

13. The Franchise Hauler agrees to assist the County in verifying tonnage collected by the Franchise Hauler and providing information required by the County. The Franchise Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll-off box, etc.), and by facility to which it was delivered (specify which landfill or transfer station). Hauler will provide customer service levels and route lists. The Franchise Hauler will cooperate with County audits to verify reported origin of tonnage by making records and personnel available to the County and/or its auditors.

IN WITNESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of day of , ______.

Signature:

Printed Name:

Title:

APPROVED AS TO FORM:

By
City Attorney
Date
(Franchise Hauler)
Signature:

Printed Name:

Title:

PUBLIC WORKS DEPARTMENT
DATE: APRIL 21, 2026
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: APPROVE THE SUBDIVISION IMPROVEMENT AGREEMENT AND ACCEPT SECURITIES FOR TRACT MAP 19385

RECOMMENDATION

1. Approve the Subdivision Improvement Agreement for Tract Map 19385

2. Authorize the City Clerk to accept the following securities:

Security Provider Amount
Rough Grading Bond Harco National Insurance Company $79,574 Precise Grading Bond Harco National Insurance Company $494,730 Monumentation Bond Advanced Civil Group $6,000

SUMMARY
Tract Map 19385 (4861 Liverpool Street) is a 40-unit condominium project by The Olson Company. Approving the Subdivision Improvement Agreement and accepting the required securities will allow the developer to begin grading the site once grading plans are approved and will ensure the required improvements are completed.

DISCUSSION
The Olson Company proposes redeveloping a 1.9-acre parking lot at 4861 Liverpool Street into 40 condominiums. The Planning Commission approved Tentative Tract Map 19385 on January 14, 2026, and City did not receive any appeals or complaints following that approval.

The Subdivision Improvement Agreement requires the developer to obtain certain securities to ensure that remaining site and public right-of-way improvements are completed even if

S U B D I V I S I O N I M P R O V E M E N T A G R E E M E N T P a g e | 2
the developer sells the property or is unable to finish the work. Public improvements include removal of the existing driveway at the south end of the site on Yorba Linda Boulevard and reconstruction of that area with new sidewalks, curb, and gutter.

FISCAL IMPACT
None.

ALTERNATIVES
Do not approve the Subdivision Improvement Agreement or accept the securities and provide alternative direction.

ATTACHMENTS
Attachment 1 – Vicinity Map
Attachment 2 – Tentative Tract Map 19385
Attachment 3 – Subdivision Improvement Agreement
Attachment 4 – Rough Grading Bond
Attachment 5 – Precise Grading Bond
Attachment 6 – Monumentation Bond

ATTACHMENT 1 - VICINITY MAP VICINITY MAP
4861 LIVERPOOL STREET

YORBA LINDA BLVD

LIVERPOOL ST
VALLEY VIEW AVE Page 578 of 1101

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1 Page 579 of 1101

SUBDIVISION IMPROVEMENT AGREEMENT
(BBK: DECEMBER 2003)
ORANGE\SRC\5717 A-1
EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY
TRACT MAP NO. 19385
In the City of Yorba Linda, Couty of Orange, State of California, being a Subdivison of Parcel 1 of Parcel Map 2024-159.

SUBDIVISION IMPROVEMENT AGREEMENT
(BBK: DECEMBER 2003)
ORANGE\SRC\5717 C-1
EXHIBIT "C"

SURETY BONDS AND OTHER SECURITY
TRACT MAP NO. 19385
As evidence of understanding the provisions contained in this Agreement, and of the Developer's intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

ROUGH GRADING BOND AMOUNT: $ 79,574.00
Surety: Harco National Insurance Company
Attorney-in-fact: Jennifer Ochs
Address: 777 S. Figueroa St. Ste. 5200
Los Angeles, CA 90017
PRECISE GRADING BOND AMOUNT: $ 494,730.00
Surety: Harco National Insurance Company
Attorney-in-fact: Jennifer Ochs
Address: 777 S. Figueroa St. Ste. 5200
Los Angeles, CA 90017
MONUMENT SECURITY BOND: $ 6,000.00
Surety: Cash Security

RECEIPT
Tract: Lot(s)
Contact
Name Phone #
YL Job
Address Address
City Zip Code 90740 By CT Date 3/23/2026
APPLICANT PLEASE NOTE:

ALL DEPOSITS ARE SUBMITTED ON BEHALF OF THE PROJECT APPLICANT. ANY REFUND OF SUCH DEPOSITS SHALL BE RETURNED TO THE PROJECT APPLICANT. UNLESS WARRANTED BY OTHER CIRCUMSTANCES, ANY AND ALL REFUNDS SHALL BE ISSUED ONLY AFTER ALL REQUIRED INSPECTIONS HAVE BEEN PERFORMED AND THE PROJECT FOR WHICH THE DEPOSIT WAS SUBMITTED HAS BEEN FINALLY APPROVED.

Acknowledgement: Date:

CR # Account Number Description Amount Cash Register Validation 127 1015420 / 362030 Encr Perm / Issuance/Ins Fee
133 1015420 / 362020 Grading Permit
137 1015420 / 362070 Grading Inspection
136 1015420 / 362060 Public Improvement Inspection
138 1015420 / 362090 Admin / Misc Fees
131 1015420 / 365020 Maps & Pub Plans/Specs
139 1015420 / 321080 Records Search/Retention
143 4055800 381010 Traffic Signal
149 7010000 / 227515 Engineering Deposit
149 Mapping Instrument Review
149 Geotechnical Review
149 Grading Plan Check Review
149 Public Improvement Plan Check Review
149 Miscellaneous Review
140 7010000 / 227430 Eng Special Inspection
148 7010000 / 227440 Conv Tree Services
523 7010000 / 227560 Landscape Rehab Deposit
129 7010000 / 227400 Misc (Improvement) Deposit
Monumentation Bond
TR19385
Seal Beach

ENGINEERING DEPARTMENT
CITY OF YORBA LINDA Permit No.:

Reference:
$6,000.00
Wendy Lewis (Olson Company)
3010 Old Ranch Parkway, Ste 100
949-526-6203
4861 Liverpool Street
Project Applicant
3/23/2026 Page 618 of 1101
30251 GOLDEN LANTERN | SUITE E PMB 251 | LAGUNA NIGUEL, CA 92677 PHONE: (866) 338-5778 | FAX: (866) 338-5778 | advancedcivilgroup.com

March 18, 2026
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886

Re: Monumentation Letter – Parcel Map No. 2024-159
Per the City’s request, this letter has been prepared to memorialize the cost for setting final monumentation for Parcel Map No. 2024-159 (“Parcel Map”). The cost to set final monumentation is $6,000.00.

This amount should be placed on deposit by the property owner to guarantee payment for final monumentation.

In accordance with the Subdivision Map Act, should I be unable to collect payment for setting the final monumentation, I can demand on the deposit in this amount and acknowledge that it is my obligation to set all monuments as shown on the approved Parcel Map within the period of time specified on the Parcel Map.

Sincerely,

Jeffery L. Mays, PLS
PLS No. 6379
Expires 12/31/2026

PUBLIC WORKS DEPARTMENT
DATE: APRIL 21, 2026
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: APPROVE THE SUBDIVISION IMPROVEMENT AGREEMENT AND ACCEPT SECURITIES FOR FINAL PARCEL MAP 2023-105

RECOMMENDATION

1. Approve the Subdivision Improvement Agreement for Final Parcel Map 2023-105

2. Authorize the City Clerk to accept the following securities:

Security Type Provider Amount
Grading Bond American Contractors Indemnity Company $20,688 Monumentation Bond Landmark Surveys $2,000

SUMMARY
Parcel Map 2023-105 at 4682 Lakeview Avenue is an SB 9 urban lot split. Approving the Subdivision Improvement Agreement and accepting the required securities will allow the owner to move forward with the subdivision and ensure the remaining required improvements are completed.

DISCUSSION
4682 Lakeview Avenue contains a 3,200-square-foot single-family home and a 1,000- square-foot accessory dwelling unit. The owner proposes creating a new parcel to accommodate two 800-square-foot dwelling units. Utility connections and public right-of-way improvements, including a second driveway entrance, were completed in 2025. The owner also provided a 10-foot right-of-way dedication to the City in advance of the future Lakeview Avenue widening project.

S U B D I V I S I O N I M P R O V E M E N T A G R E E M E N T - P A R C E L M A P 2 0 2 3 - 105
P a g e | 2
In compliance with state law, this SB 9 lot split was approved on October 23, 2025, and did not require Planning Commission approval. The City notified adjacent property owners and did not receive any complaints or protests.

The remaining on-site grading work will be guaranteed through the Subdivision Improvement Agreement and the required securities which ensures the improvements are completed even if the property is sold or the owner is unable to finish the work.

FISCAL IMPACT
None.

ALTERNATIVES
Do not approve the Subdivision Improvement Agreement or accept the securities and provide alternative direction.

ATTACHMENTS
Attachment 1 – Vicinity Map
Attachment 2 – Parcel Map 2023-105
Attachment 3 – Subdivision Improvement Agreement
Attachment 4 – Grading Bond
Attachment 5 – Monumentation Bond

ATTACHMENT 1 - PM2023-105 VICINITY MAP VICINITY MAP
LAKEVIEW AVENUE 4682 LAKEVIEW AVENUE Page 622 of 1101

SUBDIVISION IMPROVEMENT AGREEMENT
(BBK: DECEMBER 2003)
ORANGE\SRC\5717 C-1
EXHIBIT "C"

SURETY BONDS AND OTHER SECURITY
PARCEL MAP NO. 2023-105
As evidence of understanding the provisions contained in this Agreement, and of the Developer's intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

GRADING BOND PRINCIPAL AMOUNT: $20,688.49
Surety: American Contractors Indemnity Company
Attorney-in-fact: Randy Spohn
Address: 1633 E. Fourth Street, Suite 228
Santa Ana, CA 92701
MONUMENT SECURITY BOND: $ 2,000.00
Surety: Cash Security

RECEIPT
Tract: Lot(s)
Contact
Name Phone #
YL Job
Address Address
City Zip Code 92886 By CT Date 3/23/2026
APPLICANT PLEASE NOTE:

ALL DEPOSITS ARE SUBMITTED ON BEHALF OF THE PROJECT APPLICANT. ANY REFUND OF SUCH DEPOSITS SHALL BE RETURNED TO THE PROJECT APPLICANT. UNLESS WARRANTED BY OTHER CIRCUMSTANCES, ANY AND ALL REFUNDS SHALL BE ISSUED ONLY AFTER ALL REQUIRED INSPECTIONS HAVE BEEN PERFORMED AND THE PROJECT FOR WHICH THE DEPOSIT WAS SUBMITTED HAS BEEN FINALLY APPROVED.

Acknowledgement: Date:

CR # Account Number Description Amount Cash Register Validation 127 1015420 / 362030 Encr Perm / Issuance/Ins Fee
133 1015420 / 362020 Grading Permit
137 1015420 / 362070 Grading Inspection
136 1015420 / 362060 Public Improvement Inspection
138 1015420 / 362090 Admin / Misc Fees
131 1015420 / 365020 Maps & Pub Plans/Specs
139 1015420 / 321080 Records Search/Retention
143 4055800 381010 Traffic Signal
149 7010000 / 227515 Engineering Deposit
149 Mapping Instrument Review
149 Geotechnical Review
149 Grading Plan Check Review
149 Public Improvement Plan Check Review
149 Miscellaneous Review
140 7010000 / 227430 Eng Special Inspection
148 7010000 / 227440 Conv Tree Services
523 7010000 / 227560 Landscape Rehab Deposit
129 7010000 / 227400 Misc (Improvement) Deposit
Project Applicant
Babak Agahi
4682 Lakeview Avenue
Monumentation Bond
PM2023-105
Yorba Linda

ENGINEERING DEPARTMENT
CITY OF YORBA LINDA Permit No.:

Reference:
$2,000.00
3/23/2026 Page 646 of 1101
6 March 2026
City of Yorba Linda
Yorba Linda City Hall
4845 Casa Loma Avenue, Yorba Linda, Ca 92886
Re: Monument letter Parcel Map No. 2023-105 to be set
Dear Sirs,
The cost to set the final monuments on Parcel Map No. 2023-105 will be $2,000.00 This includes all monuments shown on the approved Parcel Map No. 2023-105. There are seven monuments in total to be set.

Sincerely,
Daniel C. Gomez, PLS
Landmark Surveying and Mapping

ORDINANCE NO. 2026-1129

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YORBA LINDA RESCINDING ORDINANCE NO. 2014-1007 REGARDING ESTABLISHING

CITYWIDE POSTED SPEED LIMITS

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YORBA LINDA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Repeal of Ordinance. That Ordinance No. 2014-1007, adopted on November 4, 2014, is hereby rescinded, repealed, and declared to be of no further force or effect.

Section 2. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.

Section 3. Effective Date. This ordinance shall take effect thirty days after its adoption.

The City Clerk shall certify the adoption of this ordinance and shall cause this ordinance or a summary thereof to be published in the manner required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 17th day of March, 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 Ordinance was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 17th day of March, 2026, and was carried by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

PUBLIC WORKS DEPARTMENT
DATE: APRIL 21, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, PUBLIC WORKS DIRECTOR / CITY ENGINEER
PREPARED BY: TONY WANG, TRAFFIC ENGINEERING MANAGER
SUBJECT: APPROVE RESOLUTION NO. 2026-5979 ESTABLISHING CITYWIDE

POSTED SPEED LIMITS

RECOMMENDATION
Approve Resolution No. 2026-5979 establishing citywide posted speed limits as shown in the attached Engineering and Traffic Survey.

SUMMARY
State law requires the City to periodically review posted speed limits using an Engineering and Traffic Survey. Approving the resolution will establish the updated citywide posted speed limits based on the survey.

DISCUSSION
The City retained AGA Engineers, Inc. to prepare a citywide Engineering and Traffic Survey in compliance with California Vehicle Code. The survey reviewed 120 roadway segments and included radar speed surveys, roadway field reviews, and collision history analysis.

The survey found that existing speed limits should remain in place on most City-maintained streets, but recommends speed limit reductions on two segments:

Street Location Existing
Speed Limit
Recommended
Speed Limit
Dominguez Ranch Rd Trailside Dr to Esperanza Rd 35 30
Old Canal Rd Mirage St to Savi Ranch Pkwy 35 30
The attached Engineering and Traffic Survey provides the basis for the recommended posted speed limits and supports their continued enforceability.

A p p r o v e R E S O L U T I O N N O . 2 0 2 6 - 5 9 7 9 E S T A B L I S H I N G C I T Y W I D E

P O S T E D S P E E D L I M I T S
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FISCAL IMPACT
The cost to replace speed limit signs is approximately $1,000 and is included in the Public Works operating budget.

ALTERNATIVES
Do not approve the recommended action and provide alternative direction.

ATTACHMENTS
Attachment 1 – Resolution No. 2026-5979
Attachment 2 -- Engineering and Traffic Survey

RESOLUTION NO. 2026-5979

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

CALIFORNIA, ESTABLISHING CITYWIDE POSTED SPEED LIMITS
WHEREAS, the California Vehicle Code grants local authorities the ability to establish speed limits on streets and highways under the local authorities jurisdiction; and WHEREAS, the State of California Vehicle Code also requires that local authorities conduct an Engineering and Traffic Survey in conformance with applicable sections and subsections of the California Vehicle Code and accepted Traffic Engineering standards pursuant to establishing a speed limit; and
WHEREAS, the City has conducted an Engineering and Traffic Survey in conformance with applicable sections and subsections of the California Vehicle Code and accepted Traffic Engineering practices and determined the appropriate speed limits for certain streets and highways under the City’s jurisdiction; and WHEREAS, the speed limits for certain streets and highways under the jurisdiction of the City have been reviewed and recommended by City Engineer; and WHEREAS, Traffic Commission reviewed and approved the Engineering and Traffic Survey at their January 22, 2026 meeting; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yorba Linda establishes the following posted speed limits as recommended by the Engineering and Traffic Survey;
Street/Limit Recommended Posted
Speed (MPH)
Arroyo Cajon Drive
Kellogg Drive to Foxfield Lane 30
Avenida Adobe
Yorba Linda Boulevard to New River Road 30
Avenida Rio del Oro
Avenida Del Norte to Yorba Linda Boulevard 30
Avocado Avenue
Avocado Avenue to Oriente Drive 25
Oriente Drive to Yorba Linda Boulevard 30

RESOLUTION NO. 202 6 - 5979
PAGE 2
2 Street/Limit Recommended Posted
Speed (MPH)
Bastanchury Road
Prospect Avenue to Imperial Highway 40
Imperial Highway to Eureka Avenue 40
Eureka Avenue to Lakeview Avenue 40
Lakeview Avenue to Clydesdale 45
Clydesdale to Fairmont Boulevard 45
Fairmont Boulevard to Village Center Drive 45
Brush Canyon Drive
Camino De Bryant to Running Springs Way 35
Running Springs Way to End 30
Buena Vista Avenue
Van Buren Street to Richfield Road 40
Richfield Road to Lakeview Avenue 40
Lakeview Avenue to Scenic View Drive 35
Scenic View Drive to Grandview Avenue 35
Camino de Bryant
Paseo de Toronto to La Palma Avenue 35
Casa Loma Avenue
Bastanchury Road to Imperial Highway 30
Imperial Highway to Yorba Linda Boulevard 30
Clydesdale Drive
Breton Lane to Bastanchury Road 25
Dominguez Ranch Road
Yorba Ranch Road to Trailside Drive 25
Trailside Drive to Esperanza Road 30
Esperanza Road
Fairlynn Boulevard to Fairmont Boulevard 50
Fairmont Boulevard to Paseo del Prado 50
Paseo del Prado to Dominguez Ranch Road 50
Dominguez Ranch Road to New River Road 50

RESOLUTION NO. 202 6 - 5979
PAGE 3
3 Street/Limit Recommended Posted
Speed (MPH)
Eureka Avenue
Bastanchury Road to Imperial Highway 30
Imperial Highway to Yorba Linda Boulevard 30
Fairmont Boulevard
San Antonio Road to Village Center Drive 30
Village Center Drive to Rimcrest Drive 35
Rimcrest Drive to Bastanchury Road 45
Bastanchury Road to Yorba Linda Boulevard 40
Yorba Linda Boulevard to Paseo de Las Palomas 40
Paseo de Las Palomas to Village Center Drive 40
Village Center Drive to South City Limit 40
Fairmont Connector
Esperanza Road to Fairmont Boulevard 35
Golden Avenue
Western City Limit to Rose Drive 35
Gypsum Canyon Road
La Palma Avenue to South City Limit / SR-91 45
Hidden Hills Road
Esperanza Road to Mission Hills Lane 35
Highland Avenue
Buena Vista Avenue to Mariposa Avenue 25
Imperial Highway
Northern City Limit to Bastanchury Road 50
Bastanchury Road to Eureka Avenue 50
Eureka Avenue to Olinda Avenue 45
Olinda Avenue to Yorba Linda Boulevard 40
Yorba Linda Boulevard to Kellogg Drive 60
Kellogg Drive to South City Limit 60

RESOLUTION NO. 202 6 - 5979
PAGE 4
4 Street/Limit Recommended Posted
Speed (MPH)
Jefferson Street
Yorba Linda Boulevard to Cumberland Circle 25
Kellogg Drive
Yorba Linda Boulevard to Mountain View Avenue 40
Mountain View Avenue to Imperial Highway 40
Kodiak Mountain Drive
Camino de Bryant to Alpine Lane 25
La Palma Avenue
Yorba Linda Boulevard to Western City Limit 45
Western City Limit to Via Lomas de Yorba West 50
Via Lomas de Yorba West to Via Lomas de Yorba East 50
Via Lomas de Yorba East to Gypsum Canyon Road 50
Gypsum Canyon Road to Camino de Bryant 45
Lakeview Avenue
Valley View Avenue to Black Gold Drive 40
Black Gold Drive to Bastanchury Road 40
Bastanchury Road to Yorba Linda Boulevard 35
Yorba Linda Boulevard to Buena Vista Avenue 35
Buena Vista Avenue to South City Limit 40
Lemon Drive
Imperial Highway to Lakeview Avenue 25
Main Street1
Imperial Highway to Lemon Drive 25
Marda Avenue
4th Street to Valley View Avenue 25
Mirage Street
Crystal Drive to Oakcrest Circle 30
1 Business Activity District segment prima facie speed of 25 mph.

RESOLUTION NO. 202 6 - 5979
PAGE 5
5 Street/Limit Recommended Posted
Speed (MPH)
Mountain View Avenue
Ohio Street to Kellogg Drive 30
New River Road
Yorba Linda Boulevard to Esperanza Road 30
Ohio Street
Oriente Drive to Yorba Linda Boulevard 30
Yorba Linda Boulevard to Mountain View Avenue 35
Old Canal Road
Mirage Street to Savi Ranch Parkway 30
Oriente Drive
Lakeview Avenue to Avocado Avenue 25
Avocado Avenue to Ohio Street 25
Ohio Street to Palm Avenue 25
Palm Avenue
Oriente Drive to Yorba Linda Boulevard 30
Paseo de Las Palomas
Fairmont Boulevard to Village Center Drive 40
Village Center Drive to Paseo Del Prado 40
Paseo Del Prado to Yorba Linda Boulevard 35
Paseo Del Prado
Paseo de Las Palomas to Esperanza Road 40
Piper Place
Plumosa Drive to Lakeview Avenue 25
Plumosa Drive
Bastanchury Road to Lemon Drive 25

RESOLUTION NO. 202 6 - 5979
PAGE 6
6 Street/Limit Recommended Posted
Speed (MPH)
Prospect Avenue
Wabash Avenue to Imperial Highway 35
Imperial Highway to Bastanchury Road 35
Bastanchury Road to Yorba Linda Boulevard 35
Richfield Road
Yorba Linda Boulevard to Buena Vista Avenue 45
Buena Vista Avenue to Southern City Limit 45
Rose Drive
Blake Road to Wabash Avenue 40
Imperial Highway to Bastanchury Road 40
Bastanchury Road to Yorba Linda Boulevard 40
San Antonio Road
Fairmont Boulevard to Alder Avenue 25
Alder Avenue to Yorba Linda Boulevard 30
Savi Ranch Parkway
Weir Canyon Road to Old Canal Road 35
Stonehaven Drive
Via De La Roca to Yorba Linda Boulevard 25
Valley View Circle
Valley View Circle (West) to West of Valley View Avenue 35 Valley View Circle (East) to North of Valley View Avenue 35 Valley View Avenue
Lakeview Avenue to Brooklyn Avenue 35
Brooklyn Avenue to Imperial Highway 35
Imperial Highway to Yorba Linda Boulevard 40

RESOLUTION NO. 202 6 - 5979
PAGE 7
7 Street/Limit Recommended Posted
Speed (MPH)
Van Buren Street
Yorba Linda Boulevard to Buena Vista Avenue 35
Buena Vista Avenue to Alta Vista Street 40
Alta Vista Street to Southern City Limit (230' South) 40 Via del Agua
Via De La Roca to Yorba Linda Boulevard 30
Via Lomas De Yorba
La Palma Avenue to Foxtail Drive 30
Foxtail Drive to West of Los Monteros 25
West of Los Monteros to La Palma Avenue 30
Village Center Drive
Fairmont Boulevard (North) to Yorba Linda Boulevard 40
Yorba Linda Boulevard to Paseo de Las Palomas 40
Paseo de Las Palomas to Fairmont Boulevard (South) 40
Vista Laguna
Paseo de Las Palomas to Village Center Drive 30
Yorba Linda Boulevard
Prospect Avenue to Richfield Road 40
Richfield Road to Imperial Highway 40
Imperial Highway to Avocado Avenue 40
Avocado Avenue to Ohio Street 40
Ohio Street to Fairmont Boulevard 40
Fairmont Boulevard to Village Center Drive 40
Village Center Drive to Yorba Ranch Road 40
Yorba Ranch Road to Via De La Escuela 40
Via De La Escuela to La Palma Avenue 40
Yorba Ranch Road
Yorba Linda Boulevard to Via Sepulveda 35
Via Sepulveda to Trailside Drive 35
Trailside Drive to Esperanza Road 40

RESOLUTION NO. 202 6 - 5979
PAGE 8
8 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 21st day of April, 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 Council of the City of Yorba Linda held on the 21st day of April, 2026, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
________________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

Engineering & Traffic Survey
211 Imperial Highway, Suite 208, Fullerton, CA 92835 || (714) 992-4592 || [email protected] Prepared for the
City of Yorba Linda
October 2025

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates i

CERTIFICATION
I, Ruben Perales, do hereby certify that this Engineering and Traffic Survey for the City of Yorba Linda was performed under my supervision and is accurate and complete. I certify that I am both experienced in performing surveys of this type and duly registered in the State of California as a professional Traffic Engineer.
10/10/2025
Ruben Perales Date
RCE #83169, RTE #2838
Traffic No. 2838

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates ii

TABLE OF CONTENTS
Section Page

1.0 Introduction................................................................................................ 1

2.0 Study Methodology.................................................................................... 3

3.0 Survey Results .......................................................................................... 4

3.1 Street Surveillance ........................................................................... 4

3.2 Accident Rate Analysis .................................................................... 4

3.3 Spot Speed Survey .......................................................................... 9

4.0 Survey Findings and Recommendations ................................................. 10

4.1 Speed Limit Signing – General....................................................... 10

5.0 Summary and Conclusions...................................................................... 16 Tables
1 2025 Speed Zone Survey – Collision Survey Analysis .............................. 6 2 2025 City of Yorba Linda Segment Spot Speed Survey .......................... 11 3 Summary of Recommended Changes..................................................... 17 Appendices
A Regulations Governing Speed Limits and Definition of Terms B Speed Zoning Regulations from Caltrans
C Traffic Radar Certifications
D Engineering and Traffic Survey Summary Reports
E Engineering and Traffic Survey Raw Data
F Average Daily Traffic Counts

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 1 SECTION 1.0 – INTRODUCTION
The purpose of this report is to document the results of an Engineering and Traffic Survey (E&TS) conducted to update the speed limits at various segments throughout the City of Yorba Linda.

The overall study was conducted to comply with existing State regulations concerning the increasing or decreasing of speed limits within city boundaries. Roadways within business and residential districts have an established speed limit of 25 miles per hour, while alleys are 15 miles per hour. Both speed limits are designated by California law. As such they are not typically included in the study. Intermediate speed limits between 15 and 65 miles per hour may be established by local authorities based on engineering and traffic surveys.

It is a common belief that posting speed limit traffic signs will influence drivers to drive at that speed; however, the facts indicate otherwise. Driver behavioral research conducted in many parts of this country over a span of several decades shows that the average driver is influenced by the appearance of the highway itself and the prevailing traffic conditions in choosing the speed at which a person drives. Recognizing this, the California Vehicle Code (CVC) requires that speed limits be established in accordance with appropriate engineering practice and methods. Excerpts from the CVC regarding regulations governing speed limits and definition of terms used in speed zone surveys are detailed in Appendix A.

This report contains sufficient information to document that the conditions of the latest edition of the CVC Section 627 have been satisfied and that other conditions not readily apparent to motorists are properly identified. To legally use radar for speed enforcement, Section 40802 of the CVC requires that speed limits be established per Sections 22357 and 22358 of the CVC. The limits must be justified by an E&TS conducted within five years prior to the date of the alleged violation.

However, a change in State law allows cities to extend the survey period up to seven or fourteen years depending on specific criteria1.

The latest edition of the CVC has highlighted bicycle and pedestrian safety as part of the study, and this aspect was considered as a part of this report. Additionally, effective January 1, 2022, several of the CVC sections mentioned above were amended and additional sections were added related to traffic safety and speed limits. These changes to the CVC were made in accordance with Assembly Bill No. 43 (AB 43) which was approved by the State of California on October 8, 2021.

AB 43 is included in Appendix A for reference. The following are some key highlights of AB 43:
- Allows a prima facie speed limit of 25 mph on State highways located in any business or residential district.
- Authorizes Caltrans and a local authority to declare a speed of 20 or 15 mph on State highways.
- Authorizes a lower speed limit on a section of highway contiguous to a business activity district. Definition of “business activity district” is identified in AB 43 text. 1 Refer to Appendix A for specific survey criteria.

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 2 - Authorizes a local authority to further reduce the speed limit beyond the 5-mph reduction after
June 30, 2024, if certain conditions are met.
- Extends the validity of speed surveys from 10 years to 14 years if evaluated by a registered engineer.
- Local authority may, by ordinance, retain the current speed limit or restore the immediately prior speed limit if that speed limit was established with an engineering and traffic survey and if a registered engineer has evaluated the section of highway and determined that no additional
general-purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit.

The current study will establish, validate and/or decrease the existing speed limits along the study segments based on the data and results of this survey. The surveys were conducted in January and February of 2025.

Spot speed surveys were taken at the project segments throughout the City of Yorba Linda in conformance with the State law for conducting engineering and traffic surveys for the purpose of establishing prima facie speed limits. The data was collected per the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD), Revision 9. Sections of the CA MUTCD detailing regulations for conducting the required “Engineering and Traffic Survey” are presented in Appendix B.

The actual speed zone surveys were conducted by Counts Unlimited, Inc. and AGA Engineers, Inc. (AGA). A California registered traffic engineer from AGA reviewed the streets, the survey data, and the crash statistics to arrive at the recommended speed limits for each segment.

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 3 SECTION 2.0 – STUDY METHODOLOGY
The study involved three categories of data collection and analysis: (1) geometric and characteristic street surveillance; (2) collision rate analysis; and (3) spot speed survey.

The street surveillance process used field observations to determine the existing roadway characteristics, condition and placement of signs and pavement markings, land uses, pedestrian and bicycle activity, and other roadway characteristics that may not be readily apparent to motorists.

Historical collision data was obtained from the Statewide Integrated Traffic Records System (SWITRS) for the period from January 1, 2021, to December 31, 2023 (i.e., three years) for the roadway segments. The collision rate was calculated and considered in recommending the speed limit by using the average daily traffic (ADT) volumes collected as part of the project.

Spot speed surveys, utilizing a calibrated radar gun, were conducted at one hundred and twenty (120) segment locations to determine existing vehicular travel speeds. A copy of the “Traffic Radar Certification” is provided in Appendix C. Typically, a minimum of 100 observations were recorded, 50 for each direction of travel, on all the streets included in the study. This data was used to calculate statistical information such as the 85th percentile travel speed, 10 mile per hour (mph) pace speed, percentage of vehicles within the 10-mph pace, median speed, and other pertinent data for analysis.

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 4 SECTION 3.0 – SURVEY RESULTS

3.1 Street Surveillance
Section 2B.13 “Speed Limit Signs” of the CA MUTCD (see Appendix B) states that the speed limit should be established at the nearest five mile per hour increment (rounded per standard mathematical practice) to the 85th percentile speed recorded during the spot speed survey.

However, in matching existing conditions with the traffic safety needs of the community, engineering judgment may indicate the need for a further change in speed. Whenever such factors are considered to establish the speed limit, they should be documented in the speed survey or in the accompanying engineering report.

The survey streets were reviewed by Mr. Ruben Perales, P.E., T.E, Vice President at AGA Engineers, Inc., who is a registered Traffic Engineer in the State of California. The roadway characteristics, location of speed limit signs, conditions not readily apparent to the driver, land use types adjoining the street (commercial, residential, school zone, parks, etc.), and type of roadway (divided, undivided, number of lanes, etc.) were recorded as part of the study. The roadway characteristics were used to determine if any physical conditions warranted consideration of a five mile per hour reduction of the recommended speed in accordance with CVC Section 627 and if roadway segments have changed since the preparation of the previous E&TS. The speed survey segment roadway characteristics for each segment are indicated on the Engineering and Traffic Survey Summary sheets in Appendix D. Raw speed survey data collected in the field is included in Appendix E.

3.2 Accident Rate Analysis
The collision rate for each speed survey segment was determined using the most recent available collision records as required by CVC Section 627. The mid-block collision totals are based on a review of the collision reports from SWITRS from (January 1, 2021, to December 31, 2023.

Subsequently, these totals were used to calculate the mid-block collision rate, which also uses ADT volume data. ADT counts were conducted for all project segments and are included in Appendix F. The mid-block collision rate for each street surveyed was calculated in terms of “collisions per million vehicle miles traveled” (C/MVM) and is shown on the Engineering and Traffic Survey Summary Reports. The following shows a sample calculation.

The rate was calculated using the following equation:

Collision Rate = Number of Midblock Collisions × 106
24-hour volume × 365 × segment length × number of years The number of mid-block collisions is based on three years’ collision data (January 1, 2021, to December 31, 2023), recent 24-hour traffic volume (for both directions) within the survey segment, and the segment’s length given in miles.

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 5 Example:

Segment: Avenida Rio Del Oro between Avenida Del Norte and Yorba Linda Boulevard:

Collision Rate = 1 × 106
2,905 × 365 × 0.56 × 1
= 0.56 C/MVM
The Average Expected Collision Rate for this segment is 1.07 and is based on the “2022 Crash Data on California State Highways2. Therefore, the calculated collision rate of 0.57 is well below the expected rate for this segment which identifies the segment as one with no significant accident history.

The results of the collision rate calculations, including the Average Expected Collision Rates for each type of roadways, are shown in Table 1 on the following page and detailed in Appendix E.

The following Average Expected Collision Rates were obtained from “2022 Crash Data on California State Highways” for Orange County published by the California Department of Transportation (Caltrans):
♦ Conventional 2 lanes or less (<45 mph): 1.07 C/MVM
♦ Conventional 2 lanes or less (> 45 mph): 0.61 C/MVM
♦ Undivided 4 lanes (<45 mph): 0.66 C/MVM
♦ Undivided 4 lanes (> 45 mph): 0.77 C/MVM
♦ Divided 4 lanes (<45 mph): 0.64 C/MVM
♦ Divided 4 lanes (> 45 mph): 0.93 C/MVM
♦ Divided 5 lanes or more (<45 mph): 0.75 C/MVM
♦ Divided 5 lanes or more (> 45 mph): 0.87 C/MVM
2 2022 Crash Data on California State Highways, State of California Department of Transportation.

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates Distance Distance Collisions1 Collision Expected2
(mile) (feet) 3 yrs Total Rate Col. Rate
Arroyo Cajon Drive 1 Kellogg Drive to Foxfield Lane 0.39 2,077 1,627 1 1.43 1.07 Avenida Adobe 2 Yorba Linda Boulevard to New River Road 0.35 1,851 1,669 0 0.00 1.07 Avenida Rio del Oro 3 Avenida Del Norte to Yorba Linda Boulevard 0.56 2,940 2,905 1 0.56 1.07 Avocado Avenue 4 Avocado Avenue to Oriente Drive 0.37 1,952 998 0 0.00 1.07 5 Oriente Drive to Yorba Linda Boulevard 0.41 2,145 1,149 0 0.00 1.07 Bastanchury Road 6 Western City Limit to Prospect Avenue 0.50 2,653 17,255 1 0.11 0.64 7 Prospect Avenue to Imperial Highway 0.36 1,897 15,409 2 0.33 0.64 8 Imperial Highway to Eureka Avenue 0.66 3,466 15,282 1 0.09 0.64 9 Eureka Avenue to Lakeview Avenue 0.49 2,563 15,744 2 0.24 0.64 10 Lakeview Avenue to Clydesdale 0.79 4,195 17,738 3 0.19 0.93 11 Clydesdale to Fairmont Boulevard 0.76 4,031 15,585 1 0.08 0.93 12 Fairmont Boulevard to Village Center Drive 0.52 2,762 10,840 2 0.32 0.61 Brush Canyon Drive 13 Camino De Bryant to Running Springs Way 0.71 3,770 1,901 1 0.67 1.07 14 Running Springs Way to End 0.36 1,886 684 0 0.00 1.07 Buena Vista Avenue 15 Van Buren Street to Richfield Road 0.31 1,620 6,971 3 1.28 0.64 16 Richfield Road to Lakeview Avenue 0.58 3,058 7,655 2 0.41 1.07 17 Lakeview Avenue to Scenic View Drive 0.39 2,048 3,688 0 0.00 1.07 18 Scenic View Drive to Grandview Avenue 0.32 1,682 2,564 0 0.00 1.07 Camino de Bryant 19 Paseo de Toronto to La Palma Avenue 0.60 3,160 4,677 9 2.94 1.07 Casa Loma Avenue 20 Bastanchury Road to Imperial Highway 0.23 1,213 1,164 0 0.00 1.07 21 Imperial Highway to Yorba Linda Boulevard 0.53 2,780 3,016 0 0.00 1.07 Clydesdale Drive 22 Breton Lane to Bastanchury Road 0.31 1,616 1,724 0 0.00 1.07 Dominguez Ranch Road 23 Yorba Ranch Road to Trailside Drive 0.75 3,969 1,419 0 0.00 1.07 24 Trailside Drive to Esperanza Road 0.45 2,354 1,297 2 3.16 1.07 Esperanza Road 25 Fairlynn Boulevard to Fairmont Boulevard 0.75 3,954 14,782 2 0.16 0.93 26 Fairmont Boulevard to Paseo del Prado 0.56 2,944 10,701 1 0.15 0.93 27 Paseo del Prado to Dominguez Ranch Road 0.59 3,094 5,960 1 0.26 0.93 28 Dominguez Ranch Road to New River Road 0.71 3,723 6,708 0 0.00 0.93 Eureka Avenue 29 Bastanchury Road to Imperial Highway 0.40 2,131 1,802 3 3.77 1.07 30 Imperial Highway to Yorba Linda Boulevard 0.35 1,862 4,076 2 1.27 1.07 Fairmont Boulevard 31 San Antonio Road to Village Center Drive 0.88 4,624 1,200 0 0.00 1.07 32 Village Center Drive to Rimcrest Drive 0.29 1,556 2,364 0 0.00 0.64 33 Rimcrest Drive to Bastanchury Road 0.76 4,036 2,961 1 0.40 0.93 34 Bastanchury Road to Yorba Linda Boulevard 0.87 4,600 7,876 4 0.53 0.64 35 Yorba Linda Boulevard to Paseo de Las Palomas 0.75 3,977 8,839 0 0.00 0.64 36 Paseo de Las Palomas to Village Center Drive 0.66 3,467 7,182 1 0.19 0.64 37 Village Center Drive to South City Limit 0.42 2,226 12,902 2 0.34 0.75 Fairmont Connector 38 Esperanza Road to Fairmont Boulevard 0.17 905 4,320 0 0.00 0.66 Golden Avenue 39 Western City Limit to Rose Drive 0.27 1,434 2,758 0 0.00 1.07 Gypsum Canyon Road 40 La Palma Avenue to South City Limit / SR-91 0.58 3,064 12,991 2 0.24 0.93 Hidden Hills Road 41 Esperanza Road to Mission Hills Lane 0.44 2,328 2,296 6 5.41 1.07 Highland Avenue 42 Buena Vista Avenue to Mariposa Avenue 0.57 3,002 1,101 3 4.38 1.07 Imperial Highway 43 Northern City Limit to Bastanchury Road 0.62 3,270 39,698 8 0.30 0.87 44 Bastanchury Road to Eureka Avenue 0.77 4,045 35,583 2 0.07 0.87 45 Eureka Avenue to Olinda Avenue 0.38 1,991 32,987 2 0.15 0.87 46 Olinda Avenue to Yorba Linda Boulevard 0.15 794 34,209 1 0.18 0.75 47 Yorba Linda Boulevrad to Kellogg Drive 1.20 6,333 34,436 7 0.15 0.93 48 Kellogg Drive to South City Limit 0.50 2,638 38,128 3 0.14 0.93 Jefferson Street 49 Yorba Linda Boulevard to Cumberland Circle 0.42 2,218 1,717 0 0.00 1.07 Kellogg Drive 50 Yorba Linda Boulevard to Mountain View Avenue 0.48 2,549 9,342 1 0.20 1.07 51 Mountain View Avenue to Imperial Highway 0.50 2,630 9,734 0 0.00 1.07 Kodiak Mountain Drive 52 Camino de Bryant to Alpine Lane 0.30 1,600 1,269 2 4.75 1.07 City of Yorba Linda
Table 1. 2025 Speed Zone Survey - Collision Survey Analysis Street Location No. ADT
1 Collision Data from January 1, 2021 to December 31, 2023 2 Source: Caltrans 2022  6 ‐ 8 Page 668 of 1101
City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates Distance Distance Collisions1 Collision Expected2
(mile) (feet) 3 yrs Total Rate Col. Rate
La Palma Avenue 53 Yorba Linda Boulevard to Western City Limit 0.32 1,694 14,579 0 0.00 0.93 54 Western City Limit to Via Lomas de Yorba West 0.78 4,132 22,173 3 0.16 0.93 55 Via Lomas de Yorba West to Via Lomas de Yorba East 1.13 5,986 17,709 1 0.05 0.93 56 Via Lomas de Yorba East to Gypsum Canyon Road 0.51 2,718 13,771 5 0.64 0.93 57 Gypsum Canyon Road to Camino de Bryant 0.30 1,568 4,238 6 4.35 0.93 Lakeview Avenue 58 Valley View Avenue to Black Gold Drive 0.70 3,678 4,768 1 0.27 0.64 59 Black Gold Drive to Bastanchury Road 0.63 3,335 5,325 0 0.00 0.64 60 Bastanchury Road to Yorba Linda Boulevard 0.75 3,975 11,965 1 0.10 1.07 61 Yorba Linda Boulevard to Buena Vista Avenue 0.63 3,306 16,754 2 0.17 1.07 62 Buena Vista Avenue to South City Limit 0.62 3,262 15,079 6 0.59 0.66 Lemon Drive 63 Imperial Highway to Lakeview Avenue 0.30 1,589 4,044 2 1.50 1.07 Marda Avenue 64 4th Street to Valley View Avenue 0.38 1,995 366 0 0.00 1.07 Mirage Street 65 Crystal Drive to Oakcrest Circle 0.14 725 8,092 0 0.00 1.61 Mountain View Avenue 66 Ohio Street to Kellogg Drive 0.35 1,835 2,011 0 0.00 1.07 New River Road 67 Yorba Linda Boulevard to Esperanza Road 0.27 1,413 9,534 1 0.36 0.64 Ohio Street 68 Oriente Drive to Yorba Linda Boulevard 0.37 1,979 1,137 0 0.00 1.07 69 Yorba Linda Boulevard to Mountain View Avenue 0.46 2,433 1,411 0 0.00 1.07 Old Canal Road 70 Mirage Street to Savi Ranch Parkway 0.45 2,350 1,723 1 1.19 1.07 Oriente Drive 71 Lakeview Avenue to Avocado Avenue 0.25 1,320 2,263 1 1.61 1.07 72 Avocado Avenue to Ohio Street 0.25 1,313 1,258 0 0.00 1.07 73 Ohio Street to Palm Avenue 0.25 1,320 617 0 0.00 1.07 Palm Avenue 74 Oriente Drive to Yorba Linda Boulevard 0.37 1,977 1,054 0 0.00 1.07 Paseo de Las Palomas 75 Fairmont Boulevard to Village Center Drive 0.51 2,693 2,566 0 0.00 0.64 76 Village Center Drive to Paseo Del Prado 0.37 1,930 2,693 0 0.00 0.64 77 Paseo Del Prado to Yorba Linda Boulevard 0.56 2,964 2,895 0 0.00 0.64 Paseo Del Prado 78 Paseo de Las Palomas to Esperanza Road 0.85 4,514 1,451 0 0.00 1.07 Piper Place 79 Plumosa Drive to Lakeview Avenue 0.24 1,291 543 0 0.00 1.07 Plumosa Drive 80 Bastanchury Road to Lemon Drive 0.55 2,909 1,837 1 0.90 1.07 Prospect Avenue 81 Wabash Avenue to Imperial Highway 0.31 1,613 1,287 0 0.00 1.07 82 Imperial Highway to Bastanchury Road 0.20 1,047 3,559 0 0.00 1.07 83 Bastanchury Road to Yorba Linda Boulevard 0.37 1,972 2,715 1 0.90 1.07 Richfield Road 84 Yorba Linda Boulevard to Buena Vista Avenue 0.56 2,957 9,911 0 0.00 0.93 85 Buena Vista Avenue to Southern City Limit 0.65 3,446 7,810 2 0.36 0.93 Rose Drive 86 Blake Road to Wabash Avenue 0.25 1,318 20,880 0 0.00 1.07 87 Imperial Highway to Bastanchury Road 0.35 1,832 13,737 0 0.00 0.64 88 Bastanchury Road to Yorba Linda Boulevard 0.75 3,961 15,220 2 0.16 0.64 San Antonio Road 89 Fairmont Boulevard to Alder Avenue 1.02 5,408 2,050 0 0.00 1.07 90 Alder Avenue to Yorba Linda Boulevard 0.36 1,904 2,150 0 0.00 1.07 Savi Ranch Parkway 91 Weir Canyon Road to Old Canal Road 0.45 2,399 7,160 4 1.12 0.64 Stonehaven Drive 92 Via De La Roca to Yorba Linda Boulevard 0.99 5,201 1,960 0 0.00 1.07 Valley View Circle 93 Valley View Circle (West) to West of Valley View Avenue 0.91 4,781 2,375 4 1.70 1.07 94 Valley View Circle (East) to North of Valley View Avenue 0.48 2,521 1,995 0 0.00 1.07 Valley View Avenue 95 Lakeview Avenue to Brooklyn Avenue 0.17 887 7,904 0 0.00 0.64 96 Brooklyn Avenue to Imperial Highway 0.34 1,798 9,010 2 0.60 0.64 97 Imperial Highway to Yorba Linda Boulevard 0.67 3,518 8,678 1 0.16 1.07 Van Buren Street 98 Yorba Linda Boulevard to Buena Vista Avenue 0.59 3,123 4,226 5 1.83 1.07 99 Buena Vista Avenue to Alta Vista Street 0.34 1,813 5,874 1 0.45 1.07 100 Alta Vista to Southern City Limit (230' South) 0.04 230 5,732 1 3.66 1.07 Via del Agua 101 Via De La Roca to Yorba Linda Boulevard 0.27 1,430 1,572 0 0.00 1.07 City of Yorba Linda
Table 1. 2025 Speed Zone Survey - Collision Survey Analysis Street No. Location ADT
1 Collision Data from January 1, 2021 to December 31, 2023 2 Source: Caltrans 2022  6 ‐ 8 Page 669 of 1101
City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates Distance Distance Collisions1 Collision Expected2
(mile) (feet) 3 yrs Total Rate Col. Rate
Via Lomas De Yorba 102 La Palma Avenue to Foxtail Drive 0.55 2,922 3,586 0 0.00 1.07 103 Foxtail Drive to West of Los Monteros 0.47 2,493 779 0 0.00 1.07 104 West of Los Monteros to La Palma Avenue 0.71 3,745 5,215 0 0.00 1.07 Village Center Drive 105 Fairmont Boulevard (North) to Yorba Linda Boulevard 1.01 5,326 4,323 5 1.05 0.64 106 Yorba Linda Boulevard to Paseo de Las Palomas 0.64 3,391 4,946 1 0.29 0.64 107 Paseo de Las Palomas to Fairmont Boulevard (South) 0.97 5,116 3,905 3 0.72 0.64 Vista Laguna 108 Paseo de Las Palomas to Village Center Dr 0.55 2,895 735 0 0.00 1.07 Yorba Linda Boulevard 109 Prospect Avenue to Richfield Road 0.66 3,501 22,917 5 0.30 0.64 110 Richfield Road to Imperial Highway 0.76 4,000 23,119 7 0.36 0.75 111 Imperial Highway to Avocado Avenue 0.36 1,884 22,461 8 0.91 0.75 112 Avocado Avenue to Ohio Street 0.27 1,404 26,088 2 0.26 0.70 113 Ohio Street to Fairmont Boulevard 0.69 3,660 25,352 7 0.36 0.75 114 Fairmont Boulevard to Village Center Dr 0.82 4,351 19,947 8 0.44 0.64 115 Village Center Drive to Yorba Ranch Road 0.78 4,133 25,323 3 0.14 0.64 116 Yorba Ranch Road to Via De La Escuela 0.34 1,818 26,435 1 0.10 0.64 117 Via De La Escuela to La Palma Avenue 1.02 5,373 25,815 0 0.00 0.64 Yorba Ranch Road 118 Yorba Linda Boulevard to Via Sepulveda 0.58 3,056 1,702 0 0.00 0.64 119 Via Sepulveda to Trailside Drive 0.17 895 1,390 0 0.00 0.64 120 Trailside Drive to Esperanza Road 0.44 2,341 1,862 3 3.32 0.64 City of Yorba Linda
Table 1. 2025 Speed Zone Survey - Collision Survey Analysis Street No. Location ADT
1 Collision Data from January 1, 2021 to December 31, 2023 2 Source: Caltrans 2022  6 ‐ 8 Page 670 of 1101
City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 9 3.3 Spot Speed Survey
Spot speed surveys were conducted at each street segment to assess the actual behavior of the majority of motorists. A reasonable and effective speed limit is based on the premise that a speed limit, thus established, conforms to the actual behavior of the majority of motorists. The speed limit should typically be established at the five mph increment nearest the 85th percentile speed recorded for the surveyed segment. However, engineering judgment and other factors such as street surveillance (Section 3.1) and collision rates (Section 3.2) may indicate the need for further reduction in establishing reasonable and effective speed limits.

The criteria used in conducting the radar survey are listed in Appendix B. The information collected and data calculated for the radar speed survey are as follows:
♦ Date and time of speed survey ♦ Collision history and rate ♦ Direction of survey ♦ Posted speed limit
♦ Number of vehicles observed ♦ Average speed
♦ Pedestrian and bicycle activity ♦ Range of speeds
♦ Road description ♦ 50th and 85th Percentile speed
♦ Average Daily Traffic ♦ 10 mph and percent over pace
speed
Appendix D contains information about vehicular speed data observed, collision data, street classification, and any unusual conditions at the location.

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 10 SECTION 4.0 – SURVEY FINDINGS AND RECOMMENDATIONS
In accordance with the State-imposed speed limit establishment regulation as defined by CVC Section 627 and the recently adopted Assembly Bill No. 43, there are several factors that may be considered to justify setting the prima facie speed limits five miles per hour below the observed 85th percentile speed.

It should be noted that the regulations found in Appendix B also state that “the establishment of a speed limit of five mph below the 85th percentile speed should be done with great care”.

The factors to be considered are:
- Most recent accident record (mid-block) - Profile condition - Roadway design speed - Intersection spacing offsets
- Safe stopping sight distance - Commercial driveway characteristics (land use) - Super-elevation - Pedestrian traffic with and without sidewalks - Grades - Pedestrian and bicycle safety
- Shoulder condition
The above factors for each roadway segment surveyed are listed in the Engineering and Traffic Survey Summary sheets in Appendix D. The 85th percentile speed and the above factors were considered in verifying existing speed limits and recommending speed limit changes (increase or decrease). The 2025 Collision Survey Analysis (Table 1) lists the total number of accidents, calculated accident rate, and the expected accident rate. Table 2 on the next page shows the surveyed road segments with posted and recommended speed limits. California Vehicle Code sections are defined in Appendix A.

4.1 Speed Limit Signing
All California motorists are required to know the basic 15, 25, and 65 mph statutory or prima facie speed laws and are tested on the subject when applying for a driver’s license. The maximum speed limit on most California highways is 65 mph. However, drivers are permitted to travel 70 mph where posted as such. Unless otherwise posted, the maximum speed limit in California is 55 mph on twolane undivided highways and for vehicles towing trailers – provided the street is not within a business or residential district. Consequently, speed limit signs covering these prima facie conditions need not be posted on city streets. Although not required by law, speed limit signs for these limits can be posted by a jurisdiction when an engineer determines doing so would enhance public awareness and compliance of the basic speed law.

Typically, such postings occur upon streets that have the following:
- Significant daily vehicular traffic volumes - Cut-through traffic problems - Significant grades - Continued violation of 25 mph speed zones - Safe stopping sight distance - Commercial driveway characteristics (land use) - Other unusual characteristics

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 10-Mile % in 50th 85th Posted Recommended
Street No Location Direction Date Pace 10-Mile % Tile % Tile Speed Limit Speed Limit Comments (mph) Pace (mph) (mph) (mph) (mph)
Arroyo Cajon Drive 1 Kellogg Drive to Foxfield Lane E/W 2/5/2025 25-34 87 29 33 30 30 No Change, CVC 22358.6(c)Avenida Adobe 2 Yorba Linda Boulevard to New River Road N/S 2/11/2025 27-36 75 31 38 30 30 No Change, CVC 22358.8, HCAvenida Rio del Oro 3 Avenida Del Norte to Yorba Linda Boulevard N/S 2/11/2025 28-37 90 31 35 30 30 No Change, CVC 22358.6(b), RES, PAR, OP, HPAvocado Avenue 4 Avocado Avenue to Oriente Drive N/S 2/4/2025 24-33 80 28 32 25 25 No Change, CVC 22358.6(b), RES, MD, OP 5 Oriente Drive to Yorba Linda Boulevard N/S 2/4/2025 25-34 91 28 31 30 30 No Change, CVC 22358.6(a) Bastanchury Road 6 Western City Limit to Prospect Avenue E/W 1/14/2025 31-40 83 35 39 40 40 No Change, CVC 22358.6(a) 7 Prospect Avenue to Imperial Highway E/W 1/14/2025 41-50 75 44 49 40 40 No Change, CVC 22358.7, BL, OP8 Imperial Highway to Eureka Avenue E/W 1/14/2025 38-47 71 41 47 40 40 No Change, CVC 22358.6(b), BL, COS9 Eureka Avenue to Lakeview Avenue E/W 1/14/2025 39-48 82 43 48 40 40 No Change, CVC 22358.7, BL, HT 10 Lakeview Avenue to Clydesdale E/W 1/14/2025 38-47 77 43 47 45 45 No Change, CVC 22358.6(a)11 Clydesdale to Fairmont Boulevard E/W 3/4/2025 41-50 85 45 49 45 45 No Change, CVC 22358.6(c)12 Fairmont Boulevard to Village Center Drive E/W 1/14/2025 37-46 77 42 46 45 45 No Change, CVC 22358.6(a) Brush Canyon Drive 13 Camino De Bryant to Running Springs Way E/W 2/18/2025 28-37 75 32 37 35 35 No Change, CVC 22358.6(a) 14 Running Springs Way to End E/W 2/18/2025 26-35 77 29 34 30 30 No Change, CVC 22358.6(c) Buena Vista Avenue 15 Van Buren Street to Richfield Road E/W 2/4/2025 33-42 85 38 41 40 40 No Change, CVC 22358.6(a) 16 Richfield Road to Lakeview Avenue E/W 2/5/2025 38-47 78 41 46 40 40 No Change, CVC 22358.6(b), LD, OP, XNG17 Lakeview Avenue to Scenic View Drive E/W 2/5/2025 26-35 80 30 35 35 35 No Change, CVC 22358.6(a)18 Scenic View Drive to Grandview Avenue E/W 2/5/2025 27-36 79 33 36 35 35 No Change, CVC 22358.6(a) Camino de Bryant 19 Paseo de Toronto to La Palma Avenue N/S 2/18/2025 31-40 73 35 38 35 35 No Change, CVC 22358.6(c), BR, HC, VC, HARCasa Loma Avenue 20 Bastanchury Road to Imperial Highway N/S 2/4/2025 24-33 76 27 33 30 30 No Change, CVC 22358.6(c) 21 Imperial Highway to Yorba Linda Boulevard N/S 2/4/2025 29-38 66 34 39 30 30 No Change, CVC 22358.7, OP, SCH, XNG, HP Clydesdale Drive 22 Breton Lane to Bastanchury Road N/S 1/22/2025 27-36 68 32 37 25 30 Establish, CVC 22358.6(b), RESDominguez Ranch Road 23 Yorba Ranch Road to Trailside Drive N/S 2/11/2025 25-34 68 30 36 25 25 No Change, CVC 22358.7, RES, OP, HC, SCH, PAR 24 Trailside Drive to Esperanza Road N/S 2/11/2025 28-37 76 31 36 35 30 Decrease, CVC 22358.6(b), HAR, XNG, OP Esperanza Road 25 Fairlynn Boulevard to Fairmont Boulevard E/W 2/11/2025 42-51 72 46 52 50 50 No Change, CVC 22358.6(a) 26 Fairmont Boulevard to Paseo del Prado E/W 2/11/2025 49-58 80 52 56 50 50 No Change, CVC 22358.6(b), COS, BL27 Paseo del Prado to Dominguez Ranch Road E/W 2/11/2025 49-58 72 52 57 50 50 No Change, CVC 22358.6(b), COS, BL28 Dominguez Ranch Road to New River Road E/W 2/11/2025 47-56 70 51 56 50 50 No Change, CVC 22358.6(b), COS, BL Eureka Avenue 29 Bastanchury Road to Imperial Highway N/S 2/4/2025 26-35 81 31 35 30 30 No Change, CVC 22358.6(b), RES, MD, NS, OP, HAR 30 Imperial Highway to Yorba Linda Boulevard N/S 2/4/2025 25-34 77 29 34 30 30 No Change, CVC 22358.6(c) Fairmont Boulevard 31 San Antonio Road to Village Center Drive N/S 1/14/2025 26-35 78 31 34 30 30 No Change, CVC 22358.6(c) 32 Village Center Drive to Rimcrest Drive N/S 1/14/2025 29-38 66 35 42 35 35 No Change, CVC 22358.6(b), BL, HT, HC, VC33 Rimcrest Drive to Bastanchury Road N/S 1/14/2025 41-50 62 46 51 45 45 No Change, CVC 22358.6(b), BL, HT, HC, VC34 Bastanchury Road to Yorba Linda Boulevard N/S 1/15/2025 37-46 87 41 45 40 40 No Change, CVC 22358.6(b), BL, HC, OP, COS35 Yorba Linda Boulevard to Paseo de Las Palomas N/S 1/15/2025 35-44 83 40 43 40 40 No Change, CVC 22358.6(c)36 Paseo de Las Palomas to Village Center Drive N/S 1/15/2025 42-51 86 47 50 40 40 No Change, CVC 22358.7, BL, HT, HC37 Village Center Drive to South City Limit N/S 1/15/2025 39-48 81 43 47 40 40 No Change, CVC 22358.6(b), BL, HT, VC Table 2: 2025 City of Yorba Linda Segment Spot Speed Survey BL - bike lane, BR - bike route, BS - bus stop, CHR - church, COS - continuity of speed, DD - downtown district, DP - diagonal parking, HAR - high accident rate, HC - horizontal curve, HP - high pedestrian activity, HT - horse trail, LD - lane drop, MD - multiple driveways, NR - narrow road, NS - no sidewalk, OP - street parking, PAR - park, RES- residential, RR - railroad crossing, SCH - school zone, SHP - shopping center area, VER - vertical curve, XNG - uncotrolled trail or pedestrian crossing

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 10-Mile % in 50th 85th Posted Recommended
Street No Location Direction Date Pace 10-Mile % Tile % Tile Speed Limit Speed Limit Comments (mph) Pace (mph) (mph) (mph) (mph)
Fairmont Connector 38 Esperanza Road to Fairmont Boulevard N/S 1/30/2025 27-36 89 32 35 35 35 No Change, CVC 22358.6(a)Golden Avenue 39 Western City Limit to Rose Drive E/W 1/23/2025 35-44 82 39 42 35 35 No Change, CVC 22358.6(b), BL, OPGypsum Canyon Road 40 La Palma Avenue to South City Limit / SR-91 N/S 1/29/2025 40-49 76 46 51 45 45 No Change, CVC 22358.8 Hidden Hills Road 41 Esperanza Road to Mission Hills Lane N/S 1/28/2025 30-39 65 34 40 35 35 No Change, CVC 22358.6(b), BL, HARHighland Avenue 42 Buena Vista Avenue to Mariposa Avenue N/S 1/30/2025 24-33 85 28 32 25 25 No Change, CVC 22358.6(b), RES, MD, NS, OP, HARImperial Highway 43 Northern City Limit to Bastanchury Road E/W 1/23/2025 41-50 84 45 49 50 50 No Change, CVC 22358.6(a) 44 Bastanchury Road to Eureka Avenue E/W 1/21/2025 43-52 74 48 53 50 50 No Change, CVC 22358.6(c)45 Eureka Avenue to Olinda Avenue E/W 1/21/2025 38-47 85 43 46 45 45 No Change, CVC 22358.6(a)46 Olinda Avenue to Yorba Linda Boulevard E/W 1/21/2025 36-45 89 40 44 40 40 No Change, CVC 22358.6(c), SHP, HC47 Yorba Linda Boulevrad to Kellogg Drive E/W 1/30/2025 51-60 77 56 60 60 60 No Change, CVC 22358.6(a)48 Kellogg Drive to South City Limit E/W 1/30/2025 55-64 79 58 62 60 60 No Change, CVC 22358.6(a) Jefferson Street 49 Yorba Linda Boulevard to Cumberland Circle N/S 1/23/2025 27-36 81 32 35 25 25 No Change, CVC 22358.7, OP, NR, RES, MD, XNGKellogg Drive 50 Yorba Linda Boulevard to Mountain View Avenue N/S 1/21/2025 36-45 84 39 44 40 40 No Change, CVC 22358.6(c) 51 Mountain View Avenue to Imperial Highway N/S 1/21/2025 38-47 72 42 48 40 40 No Change, CVC 22358.7, BL, HC, XNG Kodiak Mountain Drive 52 Camino de Bryant to Alpine Lane N/S 1/29/2025 32-41 64 36 41 25 25 No Change, CVC 22358.8, RES, MDLa Palma Avenue 53 Yorba Linda Boulevard to Western City Limit E/W 1/15/2025 42-51 82 45 49 45 45 No Change, CVC 22358.6(c) 54 Western City Limit to Via Lomas de Yorba West E/W 1/15/2025 45-54 85 49 53 50 50 No Change, CVC 22358.6(c)55 Via Lomas de Yorba West to Via Lomas de Yorba East E/W 1/15/2025 46-55 76 50 54 50 50 No Change, CVC 22358.6(c)56 Via Lomas de Yorba East to Gypsum Canyon Road E/W 1/15/2025 45-54 76 48 53 50 50 No Change, CVC 22358.6(c)57 Gypsum Canyon Road to Camino de Bryant E/W 1/15/2025 38-47 76 42 47 45 45 No Change, CVC 22358.6(a) Lakeview Avenue 58 Valley View Avenue to Black Gold Drive N/S 1/14/2025 36-45 68 41 47 40 40 No Change, CVC 22358.6(b), BL, SCH, PAR 59 Black Gold Drive to Bastanchury Road N/S 1/14/2025 36-45 73 40 46 40 40 No Change, CVC 22358.6(b), BL, HC, LD, COS60 Bastanchury Road to Yorba Linda Boulevard N/S 1/14/2025 32-41 84 36 40 35 35 No Change, CVC 22358.6(b), OP, MD, RES, BL61 Yorba Linda Boulevard to Buena Vista Avenue N/S 1/14/2025 34-43 93 38 42 35 35 No Change, CVC 22358.6(b), OP, MD62 Buena Vista Avenue to South City Limit N/S 1/14/2025 39-48 78 43 47 40 40 No Change, CVC 22358.6(b), OP, HT Lemon Drive 63 Imperial Highway to Lakeview Avenue E/W 1/16/2025 24-33 73 29 33 NP 30 Establish, CVC 22358.6(c)Marda Avenue 64 4th Street to Valley View Avenue E/W 2/19/2025 18-27 76 22 27 NP 25 Establish, CVC 22358.6(a)Mirage Street 65 Crystal Drive to Oakcrest Circle N/S 1/29/2025 21-30 91 26 29 30 30 No Change, CVC 22358.6(a)Mountain View Avenue 66 Ohio Street to Kellogg Drive E/W 1/21/2025 23-32 80 27 32 30 30 No Change, CVC 22358.6(a)New River Road 67 Yorba Linda Boulevard to Esperanza Road E/W 1/28/2025 24-33 93 27 31 30 30 No Change, CVC 22358.6(a)Ohio Street 68 Oriente Drive to Yorba Linda Boulevard N/S 1/16/2025 26-35 67 29 34 30 30 No Change, CVC 22358.6(c) 69 Yorba Linda Boulevard to Mountain View Avenue N/S 1/30/2025 26-35 62 32 39 35 35 Establish, CVC 22358.6(c) Old Canal Road 70 Mirage Street to Savi Ranch Parkway E/W 1/29/2025 26-35 78 31 34 35 30 Decrease, CVC 22358.6(a), HAR, XNG Table 2: 2025 City of Yorba Linda Segment Spot Speed Survey BL - bike lane, BR - bike route, BS - bus stop, CHR - church, COS - continuity of speed, DD - downtown district, DP - diagonal parking, HAR - high accident rate, HC - horizontal curve, HP - high pedestrian activity, HT - horse trail, LD - lane drop, MD - multiple driveways, NR - narrow road, NS - no sidewalk, OP - street parking, PAR - park, RES- residential, RR - railroad crossing, SCH - school zone, SHP - shopping center area, VER - vertical curve, XNG - uncotrolled trail or pedestrian crossing

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 10-Mile % in 50th 85th Posted Recommended
Street No Location Direction Date Pace 10-Mile % Tile % Tile Speed Limit Speed Limit Comments (mph) Pace (mph) (mph) (mph) (mph)
Oriente Drive 71 Lakeview Avenue to Avocado Avenue E/W 1/21/2025 25-34 75 30 35 25 25 No Change, CVC 22358.8, NR, OP, RES, MD, HAR 72 Avocado Avenue to Ohio Street E/W 1/21/2025 23-32 71 27 32 25 25 No Change, CVC 22358.6(b), RES, NR, NS, COS73 Ohio Street to Palm Avenue E/W 2/19/2025 25-34 69 27 33 25 25 No Change, CVC 22358.8, NS, OP, MD, NR Palm Avenue 74 Oriente Drive to Yorba Linda Boulevard N/S 1/21/2025 26-35 77 32 35 30 30 No Change, CVC 22358.6(b), CHR, PAR, NS, NRPaseo de Las Palomas 75 Fairmont Boulevard to Village Center Drive E/W 1/28/2025 34-43 77 38 43 40 40 No Change, CVC 22358.6(c) 76 Village Center Drive to Paseo Del Prado E/W 1/28/2025 39-48 67 42 47 40 40 No Change, CVC 22358.6(b), BL, COS77 Paseo Del Prado to Yorba Linda Boulevard E/W 1/29/2025 35-44 85 38 42 35 35 No Change, CVC 22358.6(b), HT, HC, VC Paseo Del Prado 78 Paseo de Las Palomas to Esperanza Road N/S 1/29/2025 34-43 63 39 45 40 40 No Change, CVC 22358.6(b), XNG, OP, RES, HTPiper Place 79 Plumosa Drive to Lakeview Avenue E/W 1/16/2025 22-31 77 27 32 25 25 Establish, CVC 22358.6(b), RES, OP, MD, NRPlumosa Drive 80 Bastanchury Road to Lemon Drive N/S 1/16/2025 23-32 81 27 32 25 25 Establish, CVC 22358.6(b), OP, NR, RES, XNG, SCHProspect Avenue 81 Wabash Avenue to Imperial Highway N/S 1/23/2025 24-33 78 29 34 35 35 No Change, CVC 22358.6(a) 82 Imperial Highway to Bastanchury Road N/S 1/23/2025 30-39 76 34 39 35 35 No Change, CVC 22358.6(c)83 Bastanchury Road to Yorba Linda Boulevard N/S 1/23/2025 30-39 75 34 38 35 35 No Change, CVC 22358.6(c) Richfield Road 84 Yorba Linda Boulevard to Buena Vista Avenue N/S 1/30/2025 37-46 70 44 48 45 45 No Change, CVC 22358.6(c) 85 Buena Vista Avenue to Southern City Limit N/S 1/30/2025 42-51 75 45 50 45 45 No Change, CVC 22358.6(b), HT, COS Rose Drive 86 Blake Road to Wabash Avenue N/S 1/23/2025 37-46 95 41 44 40 40 No Change, CVC 22358.6(c) 87 Imperial Highway to Bastanchury Road N/S 1/23/2025 36-45 83 41 45 40 40 No Change, CVC 22358.6(b), OP, CHR, COS88 Bastanchury Road to Yorba Linda Boulevard N/S 1/23/2025 36-45 86 41 44 40 40 No Change, CVC 22358.6(c) San Antonio Road 89 Fairmont Boulevard to Alder Avenue N/S 1/28/2025 24-33 89 29 32 25 25 No Change, CVC 22358.6(b), RES, MD, ONP, HC, VC 90 Alder Avenue to Yorba Linda Boulevard N/S 1/28/2025 30-39 85 35 38 30 30 No Change, CVC 22358.8, XNG, HC Savi Ranch Parkway 91 Weir Canyon Road to Old Canal Road E/W 1/29/2025 32-41 78 37 41 35 35 No Change, CVC 22358.6(b), SHP, MD, LDStonehaven Drive 92 Via De La Roca to Yorba Linda Boulevard N/S 1/28/2025 26-35 74 29 35 25 25 No Change, CVC 22358.8, HC, MD, OP, RESValley View Circle 93 Valley View Circle (West) to West of Valley View Avenue E/W 1/23/2025 33-42 70 37 42 35 35 No Change, CVC 22358.6(b), COS, RES, HC, HP 94 Valley View Circle (East) to North of Valley View Avenue N/S 1/23/2025 27-36 76 32 36 35 35 No Change, CVC 22358.6(a) Valley View Avenue 95 Lakeview Avenue to Brooklyn Avenue N/S 1/23/2025 35-44 74 39 43 35 35 No Change, CVC 22358.8, SCH, HC 96 Brooklyn Avenue to Imperial Highway N/S 3/4/2025 33-42 75 37 42 35 35 No Change, CVC 22358.6(b), OP, COS97 Imperial Highway to Yorba Linda Boulevard N/S 3/27/2025 35-44 88 39 42 40 40 No Change, CVC 22358.6(a) Van Buren Street 98 Yorba Linda Boulevard to Buena Vista Avenue N/S 1/30/2025 31-40 83 35 39 35 35 No Change, CVC 22358.6(c) 99 Buena Vista Avenue to Alta Vista Street N/S 1/30/2025 34-43 88 37 41 40 40 No Change, CVC 22358.6(a) 100 Alta Vista to Southern City Limit (230' South) N/S 1/30/2025 34-43 76 39 43 40 40 No Change, CVC 22358.6(c) Via del Agua 101 Via De La Roca to Yorba Linda Boulevard N/S 1/28/2025 24-33 84 29 32 30 30 No Change, CVC 22358.6(a)Via Lomas De Yorba 102 La Palma Avenue to Foxtail Drive N/S 1/15/2025 27-36 78 33 37 30 30 No Change, CVC 22358.6(b), BL, HC, VC, COS 103 Foxtail Drive to West of Los Monteros N/S 5/7/2025 21-30 80 25 29 25 25 No Change, CVC 22358.6(c), HC, COS104 West of Los Monteros to La Palma Avenue N/S 1/15/2025 32-41 69 34 39 30 30 No Change, CVC 22358.7, BL, HC, COS Table 2: 2025 City of Yorba Linda Segment Spot Speed Survey BL - bike lane, BR - bike route, BS - bus stop, CHR - church, COS - continuity of speed, DD - downtown district, DP - diagonal parking, HAR - high accident rate, HC - horizontal curve, HP - high pedestrian activity, HT - horse trail, LD - lane drop, MD - multiple driveways, NR - narrow road, NS - no sidewalk, OP - street parking, PAR - park, RES- residential, RR - railroad crossing, SCH - school zone, SHP - shopping center area, VER - vertical curve, XNG - uncotrolled trail or pedestrian crossing

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 10-Mile % in 50th 85th Posted Recommended
Street No Location Direction Date Pace 10-Mile % Tile % Tile Speed Limit Speed Limit Comments (mph) Pace (mph) (mph) (mph) (mph)
Village Center Drive 105 Fairmont Boulevard (North) to Yorba Linda Boulevard N/S 1/28/2025 34-43 85 38 41 40 40 No Change, CVC 22358.6(a) 106 Yorba Linda Boulevard to Paseo de Las Palomas N/S 1/22/2025 34-43 80 39 43 40 40 No Change, CVC 22358.6(c)107 Paseo de Las Palomas to Fairmont Boulevard (South) N/S 1/22/2025 34-43 77 40 44 40 40 No Change, CVC 22358.6(c) Vista Laguna 108 Paseo de Las Palomas to Village Center Dr E/W 1/22/2025 22-31 80 27 30 30 30 No Change, CVC 22358.6(a)Yorba Linda Boulevard 109 Prospect Avenue to Richfield Road E/W 1/16/2025 35-44 78 39 44 40 40 No Change, CVC 22358.6(c) 110 Richfield Road to Imperial Highway E/W 1/16/2025 35-44 84 39 43 40 40 No Change, CVC 22358.6(c)111 Imperial Highway to Avocado Avenue E/W 1/16/2025 37-46 83 41 45 40 40 No Change, CVC 22358.6(b), SHP, MD, HC, COS112 Avocado Avenue to Ohio Street E/W 1/16/2025 37-46 90 42 45 40 40 No Change, CVC 22358.6(b), CHR, HC, COS113 Ohio Street to Fairmont Boulevard E/W 1/22/2025 36-45 75 41 48 40 40 No Change, CVC 22358.7, COS, CHR, PAR, VC, SCH114 Fairmont Boulevard to Village Center Dr E/W 1/22/2025 37-46 86 42 45 40 40 No Change, CVC 22358.6(b), SCH, LD, COS115 Village Center Drive to Yorba Ranch Road E/W 1/22/2025 36-45 86 39 42 40 40 No Change, CVC 22358.6(a)116 Yorba Ranch Road to Via De La Escuela E/W 1/22/2025 37-46 81 43 46 40 40 No Change, CVC 22358.6(b), BL, HC, SCH, COS117 Via De La Escuela to La Palma Avenue E/W 2/18/2025 37-46 86 41 45 40 40 No Change, CVC 22358.6(b), BL, SCH, COS Yorba Ranch Road 118 Yorba Linda Boulevard to Via Sepulveda N/S 1/22/2025 27-36 82 32 35 35 35 No Change, CVC 22358.6(a) 119 Via Sepulveda to Trailside Drive N/S 1/22/2025 31-40 65 37 43 35 35 No Change, CVC 22358.8, XNG, HC120 Trailside Drive to Esperanza Road N/S 1/22/2025 37-46 73 42 46 40 40 No Change, CVC 22358.6(b), XNG, HT, COS, HAR BL - bike lane, BR - bike route, BS - bus stop, CHR - church, COS - continuity of speed, DD - downtown district, DP - diagonal parking, HAR - high accident rate, HC - horizontal curve, HP - high pedestrian activity, HT - horse trail, LD - lane drop, MD - multiple driveways, NR - narrow road, NS - no sidewalk, OP - street parking, PAR - park, RES- residential, RR - railroad crossing, SCH - school zone, SHP - shopping center area, VER - vertical curve, XNG - uncotrolled trail or pedestrian crossing Table 2: 2025 City of Yorba Linda Segment Spot Speed Survey

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 15 It is standard engineering practice to recommend the posting of speed limit signs only on streets that have specific speed limits enacted by city ordinance or determined to be justified by an engineer who has performed an E&TS.

When an E&TS shows that the statutory or prima facie speed limits are not applicable for the existing conditions, the speed limits can be altered with the posting of a different speed limit, which must be determined according to the findings of the study. CVC Section 22354 covers decreasing highway speeds from 65 mph, and CVC Section 22358 addresses decreasing local speed limits.

The CVC does not address decreasing the speed limit below 55 mph on undivided highways; however, the CA MUTCD states that speed zones (other than statutory speed limits) shall only be established based on an E&TS that has been performed in accordance with traffic engineering practices. Even though it is not codified in the CVC, Caltrans has established the practice of using an E&TS for any reduction below a statutory 55 mph speed limit. Law enforcement agencies and courts are accustomed to seeing surveys for these areas and it may be difficult to defend a speed violation citation without one.

Speed limit signs should be installed at approximately every one-half mile on streets which have been speed zoned. Signs are typically installed at the beginning of the speed zone on the departure side of a traffic signal-controlled intersection. It is also advisable to install signs at key intersections where there is high side street vehicle entry. It is important that motorists be given adequate notice of the speed limit without over signing, since doing so increases maintenance costs and rarely results in increased compliance.

The CA MUTCD outlines speed limit sign size specifications based on the type of roadway facility.

Sign sizes vary from a minimum of 24-inches by 30-inches on a single lane conventional roadway to 48-inches by 60-inches on a freeway. It is also important to post signs in a manner that they are clearly visible to approaching traffic from a distance. Care should be taken to maintain landscaping and other vegetation, so it does not grow to block the motorist’s view of the signs. In certain circumstances, when an engineer has determined that additional motorist awareness of the speed limit is needed, the speed limit can also be painted on the roadway surface immediately adjacent to a speed limit sign.

Enforcement problems can occur when, (a) the highway is posted with inappropriate speed limit signs, (b) the highway is improperly or inadequately posted, or (c) the highway is not posted nor covered by ordinance and therefore falls under the basic speed law. In any of these events, the result is a debatable validity that may be questioned in court cases where citations are issued and contested.

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 16 SECTION 5.0 – SUMMARY AND CONCLUSIONS
An engineering speed study was conducted per CVC Section 627 and includes documentation of existing roadway conditions, radar spot speed surveys, and midblock collision analysis. A total of 120 roadway segments at various locations throughout the City of Yorba Linda were surveyed. The collision rate for these segments is well below the expected collision rates published by the State of California unless otherwise noted. Based on the radar speed survey, collision history, and field conditions, it is recommended that the existing speed limits on the various project segments be retained as existing with the exception of the following segments listed below.

Speed Limit Establishments
♦ Clydesdale Drive between Breton Lane and Bastanchury Road, it is recommended that the speed limit of 30 mph be established. Based on the 85th percentile speed of 37 mph, CVC 22358.6(b), and the segment being in a residential area, it is recommended that the speed limit be established at 30 mph.
♦ Lemon Drive between Imperial Highway and Lakeview Avenue, it is recommended that the speed limit of 30 mph be established. Based on the 85th percentile speed of 33 mph, CVC 22358.6(c), multiple driveways, on street parking, and the segment being in a residential area, it is recommended that the speed limit be established at 30 mph. ♦ Marda Avenue between 4th Street and Valley View Avenue, it is recommended that the speed limit of 25 mph be established. Based on the 85th percentile speed of 27 mph, CVC 22358.6(a), multiple driveways, on street parking, existing speed humps, and the segment being in a residential area, it is recommended that the speed limit be established at 25 mph. ♦ Ohio Street between Yorba Linda Boulevard and Mountain View Avenue, it is recommended that the speed limit of 35 mph be established. Based on the 85th percentile speed of 39 mph, CVC 22358.6(c), multiple driveways, on street parking, narrow road, and the segment being in a residential area, it is recommended that the speed limit be established at 35 mph.
♦ Piper Place between Plumosa Drive and Lakeview Avenue, it is recommended that the speed limit of 25 mph be established. Based on the 85th percentile speed of 32 mph, CVC 22358.6(b), multiple driveways, on street parking, narrow road, and the segment being in a residential area, it is recommended that the speed limit be established at 25 mph. ♦ Plumosa Drive between Bastanchury Road and Lemon Drive, it is recommended that the speed limit of 25 mph be established. Based on the 85th percentile speed of 32 mph, CVC 22358.6(b), multiple driveways, on street parking, existing speed humps, narrow road, uncontrolled school crossing, and the segment being in a residential area, it is recommended that the speed limit be established at 25 mph.

City of Yorba Linda Engineering & Traffic Survey for Speed Limit Updates 17 Speed Limit Decreases
♦ Dominguez Ranch Road between Trailside Drive and Esperanza Road, it is recommended that the existing speed limit of 35 mph be decreased to 30 mph. Based on the 85th percentile speed of 36 mph, CVC 22358.6(b), a high accident rate, the uncontrolled pedestrian crosswalk at the existing trail, and on-street parking, it is recommended that the speed limit be set at 30 mph.
♦ Old Canal Road between Mirage Street and Savi Ranch Parkway, it is recommended that the existing speed limit of 35 mph be decreased to 30 mph. Based on the 85th percentile speed of 34 mph, CVC 22358.6(c), a high accident rate, and the uncontrolled pedestrian crosswalk, it is recommended that the speed limit be set at 30 mph.

The following table summarizes the proposed speed limit changes:

Table 3. Summary of Recommended Changes
Street Location
Existing
Speed
Limit
Proposed
Speed Limit
Establish Speed Limit
Clydesdale Drive Breton Ln to Bastanchury Rd N/A 30
Lemon Drive Imperial Hwy to Lakeview Ave N/A 30
Marda Avenue 4th St to Valley View Ave N/A 25
Ohio Street Yorba Linda Blvd to Mountain View Ave N/A 35 Piper Place Plumosa Dr to Lakeview Ave N/A 25
Plumosa Drive Bastanchury Rd to Lemon Dr N/A 25
Speed Limit Decreases
Dominguez Ranch Road Trailside Drive to Esperanza Road 35 30 Old Canal Road Mirage Street to Savi Ranch Parkway 35 30

APPENDIX A
Regulations Governing Speed Limits
and Definition of Terms
Excerpts from California Vehicle Code
Assembly Bill 43 (AB 43)

AGA Engineers, Inc.
211 Imperial Highway, Suite 208, Fullerton, CA 92835
(714) 992-4592 Email: [email protected]

RADAR SPEED ZONE SURVEYS
Applicable Vehicle Code Sections
Business District
235. A “business district: is that portion of a highway and the property contiguous thereto (a) upon one side of which highway, for a distance of 600 feet, 50 percent of more of the contiguous property fronting thereon is occupied by buildings in use for business, or (b) upon both sided of which highway, collectively, for a distance of 300 feet, 50 percent or more of the contiguous property fronting thereon is so occupied. A business district may be longer than the distance specified in this section if the above ratio of buildings in use for business to the length of the highway exists.

Business and Residence District: Determination
240. In determining whether a highway is within a business or residence district, the following limitations shall apply and shall qualify the definitions Section 235 and 515:
a) No building shall be counted unless its entrance faces the highway and the front of the building is within 75 feet of the roadway.
b) Where a highway is physically divided into two or more roadways, only those buildings facing each roadway separately shall be counted for the purpose of determining whether the roadway is within a district.
c) All churches, apartments, hotels, multiple dwelling houses, clubs and public buildings, other than schools, shall be deemed to be business structures. d) A highway or portion of a highway shall not be deemed to be within a district regardless of the number of buildings upon the contiguous property if there is no right of access to the highway by vehicles from the contiguous property.

Residence District
515. A “residence district” is that portion of a highway and the property contiguous thereto, other than a business district, (a) upon one side of which highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures, or (b) upon both sided of which highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling housed or business structures. A residence district may be longer than one quarter of a mile if the above ratio of separate dwelling houses or business structures to the length of the highway exists.

Engineering and Traffic Survey
627. (a) “Engineering and traffic survey” as used in this Code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by the state and local authorities.
(b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all the following:
1) Prevailing speeds as determined by traffic engineering measurements.