10-0701_ORANGE COUNTY FIRE AUTHORITY_Amended Joint Powers Authority Agreement First Amd0
FIRST AMENDMENT TO AMENDED JOINT POWERS AUTHORITY AGREEMENT
ORANGE COUNTY FIRE AUTHORITY
This First Amendment ("Amendment') to the Amended Joint Powers Authority
Agreement (herein referred to as "Agreement'), effective July 1, 2010, is made and
entered into by and between the following public entities (collectively referred to as
"members"): Aliso Viejo, Buena Park, Cypress, Dana Point, Irvine, La Palma, Laguna
Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo,
Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Seal Beach,
Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (collectively referred to as
"Cities") and the County of Orange (referred to as the "County"), each of whom is a
member of the Joint Powers Authority, Orange County Fire Authority ("Authority").
RECITALS
WHEREAS, the Authority presently provides fire protection, prevention and
suppression services and related and incidental services to Cities as well as to the
unincorporated area of the County and State Responsibility Areas ("SRA"); and
WHEREAS, the County and Cities had entered into a Joint Powers Authority
Agreement to form the Authority as of February 3, 1995 pursuant to the provisions of
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Article 1, Chapter 5, Division 7, Title I (commencing with Section 6500) of the
Government Code of the State of California; and
WHEREAS, on September 23, 1999, the members entered into an amended
Joint Powers Authority Agreement ("1999 Amended Agreement") which superseded all
prior agreements between the parties and is incorporated herein by reference; and
WHEREAS, the members wish to amend the 1999 Amended Agreement as set
forth below and extend all other unamended terms of said Agreement.
NOW THEREFORE, the members agree to amend the 1999 Amended
Agreement as follows:
AGREEMENT
1. Article IV, Sections 3.8., C. and E. are amended to read as follows:
"B. Cash Contract Cities. As part of its annual budget process,
the Authority shall determine the amounts owing from cash contract Cities. This amount
shall be referred to as the "Service Charge." It shall consist solely of the annual cost for
operational services (i.e., General Fund costs) consistent with the cost calculation
methodology in place on the Effective Date of the Authority, or such later date as a cash
contract City became a member, and will include the annual percentage change in the
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cost of fire system operations. This amount shall be subject to the cap set forth in 3.E.
below. The Service Charge shall not include any of the following: (1) the amortized
installments of the 2010 Shortfall set forth and defined in Article IV, Section 3.B.; (2)
facilities maintenance costs, as defined in Article VI, Section 1.C.; (3) vehicle
replacement costs, as defined in Article VI, Section 1.D.; and (4) the Five -Year Shortfall
in excess of seven and one half percent (7.5%) owed by any City as set forth in Article
IV, Section 3.F. only in the first year that such payment is owed. Notwithstanding the
foregoing, the cost calculation methodology shall include the cost of any proportional
share of any long term debt repayment obligations. Cash contract Cities shall be billed
quarterly and in arrears for services after services have been performed and such
amounts are due and payable within thirty (30) days from receipt of a billing therefor.
Additionally and irrespective of the cap set forth in Article IV, Section 3.E.,
each cash contract City shall pay the "2010 Shortfall." The "2010 Shortfall" is the
difference between the actual Authority cost of operational services to the respective
cash contract City for fiscal year 2009/2010 and the capped cost of those services.
Beginning July 1, 2010, each cash contract City shall pay its 2010 Shortfall by means of
equal quarterly payments that will be amortized over the period of July 1, 2010 to June
30, 2020.
C. Participation in Maintenance and Replacement Programs. In
addition to the cost calculation methodology set forth in Section B. above, and
irrespective of the cap set forth in E. below, cash contract Cities shall pay (1) the cost of
participation in the Authority's facilities maintenance program as set forth in Article VI,
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Section 1.C., and (2) the cost of participation in the Authority's vehicle replacement /
depreciation program as set forth in Article VI, Section 1.13.
E. Cav on Annual Adjustments. Except for the costs excluded from
the Service Charge as set forth in Article IV, Section 3.B. and the costs set forth in
Article IV, Section 3.H. and Article VI, Section 1.B., no annual cost adjustment to the
Service Charge shall exceed four and one half percent (4.5%) of the annual cost for
operational services provided to the City for the preceding year. In any year in which
the actual cost increase for operational services exceeds four and one half percent
(4.5%), the excess amount shall be recorded (i.e., banked) and paid in a subsequent
year in which the Service Charge cost adjustment is less than the four and one half
percent (4.5%) cap. If only a portion of this excess amount can be paid in one year
while remaining under the four and one half percent (4.5%) cap for that year, the
remainder shall be carried over from year to year until it is paid in its entirety."
2. Article IV, Sections 3.E.(1) and (2) are deleted.
3. Article IV, Section 3. F. shall be replaced with the following:
T. Modifications to the Service Charge. Beginning with fiscal year
2014/2015, and every five years thereafter, data will be compiled to review the actual
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Authority cost for operational services for that fiscal year compared to the capped
Service Charge for each cash contract City for that year. The difference between these
amounts shall be referred to as the "Five -Year Shortfall."
The data will be reviewed and analyzed jointly by the City Managers'
Technical Advisory Committee and City Managers' Budget & Finance Committee to
confirm the amount of the Five -Year Shortfall, if any, and to determine whether that
amount has exceeded the percentage thresholds set forth below which would in turn
trigger an adjustment of the Service Charge. If, after reviewing the data which has been
compiled, the joint Committees and the Authority cannot agree on the calculations or
the data used to calculate the amount of the Five -Year Shortfall, the Authority reserves
the right to retain an independent auditor to review the calculations and data. The
independent auditor's results as to the calculated amount of the Five -Year Shortfall shall
be final and binding.
Modifications to the Service Charge, if any, shall be as follows. If the Five -
Year Shortfall is less than seven and one half percent (7.5%) of the actual annual
Authority costs, for a cash contract City, no additional amounts shall be owed by the
City. If any Five -Year Shortfall exceeds seven and one half percent (7.5%), a cash
contract City shall pay for the portion of the shortfall necessary to reduce the shortfall
below seven and one half percent (7.5%). If the Five -Year Shortfall is between seven
and one half percent (7.5%) and fifteen percent (15%), the amount shall be paid in its
entirety in the following fiscal year. If the Five -Year Shortfall is more than fifteen percent
(156/6), that amount shall be paid through equal amortized installments over the
subsequent five year period. Payment of the Five -Year Shortfall in excess of seven and
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one half percent (7.5%) shall be excluded from the Service Charge only in the first year
in which such payment is owed. The calculated Five -Year Shortfall amount paid shall
be added to the Service Charge in the subsequent years."
4. Article IV, Section 4.D. shall be added to read as follows:
"D. Notwithstanding the foregoing, 50 percent of any unencumbered
funds, as determined by the annual audited financial statements, shall be allocated to
the Structural Fire Fund Entitlement Fund at every ten year interval beginning with fiscal
year 2010/2011, unless it is determined by unanimous vote of the Directors
representing structural fire fund members that a fiscal hardship would thereby result.
Those monies shall be distributed in a manner consistent with the methodologies,
criteria and purposes described in this Section 4.A. through 4.C. above. In the event of
a finding of fiscal hardship, the 50 percent allocation shall be made during the
subsequent fiscal year unless another finding of fiscal hardship is determined as
described above."
5. Article Vl, Section 1. C. is amended to read as follows:
"C. Maintenance and Repairs. Each cash contract City shall make an
initial payment to the Authority of $15,000 for each fire station within its jurisdiction for
maintenance and repairs. The Authority shall carry forward unspent amounts to the
next fiscal year. At the beginning of the fiscal year, said cities shall pay the Authority an
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amount sufficient to bring its balance back to $15,000 for such station (referred to below
as the "Station's $15,000 Maintenance Account").
procedure:
(1) Funds shall be expended in accordance with the following
(a) Minor maintenance or repairs costing less than $1,000 are
funded through the cash contract City's base Service Charge and, therefore, shall be
paid by the Authority out of its General Fund. These repairs will not be charged to the
Station's $15,000 Maintenance Account.
(b) Maintenance, repair, alteration, or improvement projects
greater than $1,000 but less than the remaining balance in the Station's $15,000
Maintenance Account shall be paid from the Station's Maintenance Account.
(c) Maintenance, repair, alteration, or improvement projects
exceeding the remaining balance in the Station's $15,000 Maintenance Account are
considered capital improvements and additional funding that is necessary to pay for
such improvements shall be the responsibility of the City.
(2) At its discretion, a cash contract City with multiple fire stations may
allocate all or a portion of the balance of one Station's $15,000 Maintenance Account to
another station within the City provided the balance of each station be restored to
$15,000 at the beginning of the following fiscal year."
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6. Article Vll, Sections I.A. and B. are amended to read as follows:
"A. Term. Cities shall be members of the Authority for a 20 -year term
commencing July 1, 2010. For Structural Fire Fund cities, the initial 20 -year term shall
begin on July 1, 2010 and end on June 30, 2030. For a cash contract City, the first 20 -
year term shall begin on July 1, 2010, only upon the consent of such city. Cash contract
Cities that do not give such approval by June 30, 2010 shall give notice of withdrawal to
the Cleric of the Authority by June 30, 2010, to be effective July 1, 2010. Failure to
provide such notice shall be deemed that City's consent to a 20 -year term, beginning
July 1, 2010 subject to the ability to withdraw after the first ten years as set forth in
Section B. below.
B. Subseouent Terms. Twenty-year membership terms shall
automatically renew, on the same terms and conditions as the prior term, and with the
same cap in effect in the last year of the prior term, except under the following
circumstances:
(1) Any city may give notice of withdrawal by transmitting written notice
of such withdrawal to the Clerk of the Authority prior to July 1 of the second to last year
of every ten-year interval of a twenty-year term (e.g., for the first ten-year interval, notice
must be given by July 1, 2018 to withdraw by June 30, 2020).
7. Article V11, Section 1.F. shall be added to read as follows:
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"F. Negotiation of Terms Upon Notice of Withdrawal. Upon providing notice
of withdrawal, a cash contract City may negotiate with the Authority regarding
modifications to its payment obligation. If the City and the Authority are unable to reach
agreement regarding modified payment terms, the balance of any shortfall that may
have accumulated during a City's ten-year period of membership shall be paid upon
withdrawal."
8. Article V11, Section 3 is amended to read as follows:
"3. Withdrawal of Countv. County shall be a member of the Authority
for a term of twenty years beginning on July 1, 2010 and continuing to June 30, 2030.
Said term shall automatically renew for successive terms in accordance with and
subject to the same provisions and exceptions applicable to Cities in Section 1,B. and
C. In the event of withdrawal, the County shall remain liable for payment of the
Structural Fire Fund's proportional share of any bonded indebtedness of the Authority
incurred prior to the date of its withdrawal."
9. All terms and conditions contained in this Amendment are incorporated by
this reference into the Agreement. This Amendment modifies the Agreement only as
expressly set forth above. This Amendment does not modify, alter, or amend the
Agreement in any other way whatsoever.
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Dated: /,,2 - / !?-' /F) 7
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF THE
BOARD �
Darlene J. Bloom
Clerk of the Board of Supervisors
County of Orange, California
NOTICE TO COUNTY OF ORANGE TO BE
GIVEN TO:
Thomas G. Mauk
County Executive Officer
10 Civic Center Plaza
Santa Ana, CA 92701
APPROVED AS TO FORM:
Benjamin P. de Mayo
County Counsel
By.
Dated: /I 1z _110
11
COUNTY OF ORANGE, a political
subdivision of the State of California
By:
Chris Norby u
Chairman of its Board of Supervisors
[Signatures Continued on Page 11]
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Dated: 1-16-408,
ATTEST:
�.r Nuri 'D. RVTt+
.Zwe¢im City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Aliso Viejo
12 Journey, Suite 100
Aliso Viejo, CA 92656-5335
Phone: (949) 425-2500
Fax: (949) 425-3899
APPROVED AS TO FORM:
Best Best & Krieger
r
City Attorney
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CITY OF ALISO VIEJO
By: p,ef
Mark A. Pulone
City Manager
[Signatures Continued on Page 12]
11
Dated:—4' . i
ATTEST:
Shalice Reynoso
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Buena Park
6650 Beach Blvd.
Buena Park, CA 90620
Phone: (714) 562-3500
Fax: (714)562-3599
APPROVED AS TO FORM:
Richards Watson & Gershon
By:
City Attorney
�J
CITY OF BUENA PARK
By:
Rick War 'nsl
City Manager
(Signatures Continued on Page 13)
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CITY OF SS
' ADORV..
ATTEST:
RAAW- A""m
Denise Basham
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Cypress
5275 Orange Avenue
Cypress, CA 90630
Phone: (714)229-6688
Fax: (714) 229-0154
APPROVED AS TO FORM:
Aleshire & Wynder LLP
Ile
City Attorney
Manager
(Signatures Continued on Page 14]
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CITY,.QF DANA POINT
• . .l� s ♦<' ANIPJ 9,
i .. tl
Manager
K thy W rd
Clry Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Dana Point
33282 Golden Lantern
Dana Point, CA 92829
Phone: (949) 248-9890
Fax: (949)248-9920
APPROVED AS TO FORM:
Rutan & Tucker
By:
A. Patrick Mun
City Attorney
Note: each Orange County Fire Authority member agency listed on page 1 of this
agreement will have their own signature page similar to this page.
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ATTEST:
Shane Apodaca
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Irvine
One Civic Center Plaza
Irvine, CA 92606-5208
Phone: (949) 724-6249
Fax: (949) 724-6045
APPROVED AS TO FORM:
Rut
an & T e
By:
City Attorney
i
CITY OF I SNE
By:
Sean Joyce
City Manager
[Signatures Continued on Page 181
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CITY OF LAGUNA
Dated: �L'�PrrPZZ `� BY:
Manager
ATTEST:
Peggy'•
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Laguna Hills
24035 EI Toro Road
Laguna Hills, CA 92653
Phone: (949) 707-2600
Fax: (949)707-2614
APPROVED AS TO FORM:
Woodruff, Spradlin & Smart
EM
Gregory E. Simonian
City Attorney
[Signatures Continued on Page 181
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E
Dated: l'
ATTEST:
pa -4 -
Pam Lawrence
Acting City Clerk
40
CITY OF LAGUNA NIGUEL
By: Cart-rrij I e� _
Timothy J. 96ey �—
City Manager -
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Laguna Niguel
27801 La Paz Rd.
Laguna Niguel, CA 92677
Phone: (949)362-4380
Fax: (949) 362-4340
APPROVED AS TO FORM:
0
terry Dixon
City A orney
2 1U (uf1
[Signatures Continued on Page 19]
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CITY OF LA PALMA
Dated: 1✓ By`' '��
Dominic l retto
City Manager
ATTEST:
Laurie Murray
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of La Palma
7822 Walker Street
La Palma, CA 90623
Phone: (714) 523-7700
Fax: (714) 523-7351
APPROVED AS TO FORM:
RUTAN & TUCKER
M
Attorney
[Signatures Continued on Page 171
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CITY OF LAGUNA WOODS
Dated:
Leslie Keane
City Manager
ATTEST:
Susan Condor,
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Laguna Woods
24264 El Toro Road
Laguna Woods, CA 92637
Phone: (949)639-0500
Fax: (949) 639-0591
APPROVED AS TO FORM:
Burke, Williams & Sorensen
/� qt
By:
City Attorney
[Signatures Continued on Page 20]
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CITY OF LAKE FOREST
Dated:� 2 /08 By:
Robert C. Dunek
City Manager
ATTEST:
Sherry Wen>
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Lake Forest
23161 Lake Center Drive, Suite 100
Lake Forest, CA 92630
Phone: (949)461-3400
Fax: (949) 461-3511
APPROVED AS TO FORM:
�l0�i►��,,...-_-, int,
City Attorney
$54594 1
(Signatures Continued on Page 211
go
Dated: /_/-d'ep
ATTEST:
Kar Hamman
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Mission Viejo
25909 Pala, Suite 150
Mission Viejo, CA 92691
Phone: (949) 470-3000
Fax: (949) 859-1386
APPROVED AS TO FORM:
Richards Watson & Gershon
City Attorney
CITY OF MISSION VIEJO
By�]"i
Dennis Wilberg
City Manager
[Signatures Continued on Page 23]
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Dated: &cs'
ATTEST:
C:!
san C. Vand
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Los Alamitos
3191 Katella Avenue
Los Alamitos, CA 90720
Phone: (562)431-3538
Fax: (562)493-1255
APPROVED AS TO FORM:
Best Best $ Krieger LLP
By:
kgo Deri ity Attorney
15084. i
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CITY OF LOS ALAMITOS
By:
Dave Rudat
Interim City Manager
(Signatures Continued on Page 221
Dated: January 15, 2008
ATTEST:
Patrick J. M(O
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Placentia
401 E. Chapman
Placentia, CA 92870
Phone: (714) 993-8117
Fax: (714) 961-0283
APPROVED AS TO FORM:
Leibold, McClendon & Mann
�fl %mIF,Jv .
•. . - 1 - ••
CITY OF PLACENTIA
By: C —
Ro ert C. Domtnguz
City Administrator
[Signatures Continued on Page 241
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Pi
Dated: :g- l e z0 f
ATTEST:
N��
Molly McLailghlin
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Rancho Santa Margarita
22112 El Paseo
Rancho Santa Margarita, CA 92688
Phone: (949)635-1800
Fax: (949) 635-1840
APPROVED AS TO FORM:
John E. Cavanaugh
City Attorney
E
CITY OF RANCHO SANTA MARGARITA
By:
even E. Hayman
City Manager
(Signatures Continued on Page 251
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Cl -
Dated: March 14, 2008 By
ATTEST:
�/1001E@r City •�aade
Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of San Clemente
100 Avenida Presidio
San Clemente, CA 92672
Phone: (949)361-8322
Fax: (949)361-8283
APPROVED AS TO FORM:
Rutan & Tucker
By: /s/ Jeffry Oderman
Jeffery Oderman
City Attorney
0
(Signatures Continued on Page 261
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Dated:
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Phone: (949) 443-6317
Fax: (949)488-3874
APPROVED AS TO FORM:
Woodruff, Spradlin & Smart
n
Omar Sandobal
,`:a.. AH�rncil
-----------
CITY OF SAN JUAN CAPISTRANO
By: M,4,�
Dave Adams
City Manager
554584.1
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Dated:
ATTEST:
in a Devine
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Seal Beach
211 8`h Street
Seat Beach, CA 90740
Phone: (562) 431-2527
Fax: (562)439)41@3R 493-9857
APPROVED AS TO FORM:
Richards Watson & Gershon
By,
Quinn M. Barrow
City Attorney
s
CITY OF SEAL BEACH
By:y�
David N. Carmkhy
City Manager
[Signatures Continued on Page 28]
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Dated: ic O'o
ATTEST:
aw- �6 - 9 -K-, 0 1 ---
Brenda Green Ij
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Stanton
7800 Katella Avenue
Stanton, CA 90680
Phone: (714) 379-9222
Fax: (714) 890-1443
APPROVED AS TO FORM:
Burke Williams & Sorensen
-9 WON 41 - Mwwvwww74FW
City .-
CITY OF STA
By: J
Jake Wager
City Manager
(Signatures Continued on Page 291
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Dated: cY
r
ATTEST:
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
Phone: 714-573-3010
Fax: 714-838-1602
APPROVED AS TO FORM:
City Attorney
CITY OF TUSTIN
0
CITY OF WESTMINSTER
Dated: io 'j0 —d� By: 2r . �....4
Ramon Silver
City Manager
ATTEST:
o -n
Marian Con reras
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
Ramon Silver
City Manager
City of Westminster
8200 Westminster Boulevard
Westminster, CA 92683
Phone: (714) 89&3311
Fax: (714) 3734684
APPROVED AS TO FORM:
Jones & Mayer
By:
Richard D. Jones
City Attorney
(Signatures Continued on Page 34
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Dated:'
ATTEST:
Kathie Mendoza
City Clerk
NOTICE TO CITY TO BE GIVEN TO:
City Manager
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92885-8714
Phone: (714) 961-7100
Fax: (714) 993-7530
APPROVED AS TO FORM:
Best Best & Krieger LLP
By: L�
City Attorney
0
CITY OF YORBA LINDA
By-.' ` SSR a, 42t--�
Tamara Letourneau
City Manager
32