125.00
16.000
2,000.00
Total $ 2,000.00
Sales Tax
Less Disc
Less Retainage
Total Due
$ 2,000.00
ATTACHMENT 1
R.J.1714)637-1570 NOBLE COMPANY
FAX 1714) 637-6321
DAILY EXTRA WORK REPORT
JOB NUMBER: 91803 FOREMAN: Tyler Cederoth
PROJECT NAME: FY 2020-21 Roadway Rehab Project DATE OF WORK: 9/28/2021 CUSTOMER: City of Placentia CHANGE ORDER REQUEST NO: 12.0 DESCRIPTION OF WORK: Dug out falling areas and put in new AC on Madison
LABOR E HOURLY
RATE HOURS EXTENDED AMOUNTS
LNO R
NAME POSITION CLASS PER HOUR RT OT DT
Tyler Cederoth Operator Group 2 $54.66 2
$ 109.32
Joe Orosco Operator Group 8 557.68 2
$ 115 32
Tryston Faulkner Operator GroupB
$52.54 2 $ 105 08
Taylor Thomas Laborer Group 1 537.43 2
$ 74.86
$
$
5 S
$
$
5 LABOR SUR -TOTAL $ 404.58
RT (Regular -Time) Fringe Benefits - LABORER: $24.60 2 5 49.20 OT (Overtime) Hourly Rate x 1,5 Fringe Benefits - OPERATOR: $30.04 6 S 180.24 DT (Double•TIme) Hourly Rate x2,0 Fringe Benefits -APPRENTICE: $1345 $ Surcharge - PER CALTRANS: 22.39% $ 9059
NO, Caltrans Equipment Number
EQUIPMENT
TOTAL COST OF LABOR A $ 724.61
HOURLY HOURS EXTENDED AMOUNTS
RATE
20-013 0220 RoadTec RX - 700E-3 Cold Planer 5664.50 1 S 664 50 i 4-001 2670 Cedar Rapids CR -551 Paver 5194,64 1
$ 194.64
16-016 00-06 Ford F-250 Pick -Up $25.14 1 $ 25,14
1361 8031E CAT CB224E Vibratory Pup Roller $34.72 1
$ 34.72
S
$
$
$
$
5 MATERIALS/RENTAL EQUIP/SUBCONTRACTOR
QUANTITY UNIT COST TAX
17n Fees -813-t L -SU 2 $400.00 5 80000
STM Trucking -8192021-012.0 8 5125.00
$ 1,000.00
$
TOTAL COST OF EQUIPMENT AND MATERIALS B $ 2,719 00
Labor Cost x 20.00% C 5 144.92
The above record Is complete and correct: Enuloment & Materials x 15.00% p 5 407,85 SUBTOTAL - 1: A+B+C+D $ 3,996 38
BOND: (Subtotal - 1) x 1 00% E
R.J. NOBLE CO. Representative (Print & Sign) SUBTOTAL - 2: (Subtotal - 1) + E $ 3,996 38 OWNER / AGENCY / CONTRACTOR Representative (Print & Sign) White - R ). Noble Co
int $5K =10%, 5% thereafter
ORIGINAL COPY TO RJ. NOBLE COMPANY
Canary -Contractor Pink- Prolect Manager
F
TOTAL THIS REPOR1:1 $ 3,996.38
ORANGE: 15505 E. LINCOLN AVE. - P.O. BOX 620 - ORANGE, CALIFORNIA 92856 - (714) 637-1550 - FAX (714) 637-6321 ATTACHMENT 1
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ATTACHMENT 1
15505 East Lincoln Ave, Orange, CA 92865
(714} 637-1550 Fax (714) 637-6321
License: A-782908 RIR: 1000004235
Subcontractor Quotation
Helping Build a Better California for Over 60 Years!
Item Price Summary
Project Name: Extra Work: Bay Meadows, Alley Revision Customer: City of Placentia 91803 Billing Address: 401 E. Chapman Ave.
Job Number:
Bid As:
Estimator:
Project Address:
Completion Date:
Jacob Breedlove
Pay Items
Placentia, CA 92870-6101
Phone: (714) 993-8245
Contact:
Description Job Cost ID Task JCID Bid Quantity UM Unit Bid Price Total Bid Price la 01001 - Mobilization/ Traffic Control (Bay 1.00 LS $5,400.00 $5,400.00 Meadows)
01003 - Striping (Bay Meadow & Highland)
01004 - Cold Mill 2" AC (Bay Meadows)
ira 01005 - 2" AC Overlay (Bay Meadows)
01006 - Sawcut (Alleys)
El 01007 - Remove 2" AC (Alleys)
al 01008 - Remove 2" Dirt (Alleys)
01009 - Place 4" AC (Alleys)
Pay Items Total:
1.00 LS $2,128.50 $2,128.50 I
52,500.00 SF $0.35 $18,375.00 (fb
630.00 TON $90.00 $56,700.00
1.00 LS $5,000.00 $5,000.00 it
9,643.00 SF $1.25 $12,053.75 1
9,643.00 SF $1.75 $16,875.25 1
230.00 TON $185.00 $42,550.00
$159,082.50
10/28/2021 3:48:51 PM Page 1 of 1
ATTACHMENT 1
Placentia Cit Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE DATE: JANUARY 18, 2022
SUBJECT: AWARD OF CONSTRUCTION CONTRACT TO REPAINT THE BRADFORD AVENUE PEDESTRIAN BRIDGE, PROJECT NO. 5204
FISCAL
IMPACT: EXPENSE: $ 85,000 CONSTRUCTION CONTRACT AMOUNT
BUDGET: $ 125,000 TOTAL PROJECT BUDGET (795204-6850)
SUMMARY:
The scope of work for the Pedestrian Bridge Painting Project ("Project") entails the cleaning and painting of the pedestrian bridge that spans the Santa Fe railroad crossing at Bradford Avenue to the Crowther Avenue parking lot. The City received nine (9) bids from contractors for the Project with the low bid submitted by Innovation Painting ("Innovation"). Based upon the bid received from Innovation and their references, Staff recommends awarding a construction contract to Innovation for this Project.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve a Public Works Agreement with Innovation Painting for the Pedestrian Bridge Painting Project in the amount of $85,000; and
2. Authorize the City Administrator to approve contract change orders up to 10% of the original contract amount, or $8,500; and
3. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
DISCUSSION:
The Bradford Avenue Pedestrian Bridge was constructed in 2010 and has not been repainted since that time. The exterior painted surfaces of the bridge structure, fixtures, and pedestals are well-worn and in poor condition. The scope of this Project entails all preparation work needed to paint the entire bridge and both elevator towers. The work will consist of providing a deep clean
1. g.
Jan.y18, 2022
City Council Agenda
January 18, 2022
power washing of the entire bridge, sealing cracks and re -sealing joints, rust treatment, and all site preparations needed to prepare the bridge for primer and final paint coats. Staff solicited competitive bids for this project and on November 18, 2021, the City received nine (9) bids from various painting contractors. The following table provides the bid amounts received from each contractor:
Contractor Bid Amount
Innovation Painting $85,000
Astro Painting, Inc. $94,000
A.J. Fistes Corporation $107,800
Genesis Builders, Inc. $109,000
Color New Co. $112,000
Tony Painting, Inc. $154,650
Us National Corp $163,800
Harbor Coating & Restoration $173,730
Painting & Decor, Inc. $237,900
The low bid received for the Project was submitted by Innovation Painting. Staff reviewed and analyzed Innovation's bid and found it to be responsive and valid. Based upon Innovation's experience and references, Staff recommends awarding a contract to Innovation Painting for the Pedestrian Bridge Painting Project.
FISCAL IMPACT:
The construction contract for this project amounts to $85,000 and a total of $125,000 has been budgeted in the FY 2021 — 22 Capital Improvement Program Budget for this project. Accordingly, sufficient funds exist for the recommended actions. The following table summarizes the costs associated with the award of this contract:
Contract Amount $85,000
10% Contingency $ 8,500
Total Project Cost $93,500
City Council Agenda
January 18, 2022
Prepared by:
r-lz- --L
Joel C., '• enas
Public Works Superintendent
Reviewed and approved:
Interim Director of Finance
Reviewe' .n. approved: Reviewed and approved:
Luis Estevez
Deputy City Administrator
Attachment:
Agreement with Innovation Painting
Damien R. Arrula--__,
City Administrator
Project No. 5204
CITY OF PLACENTIA
PUBLIC WORKS AGREEMENT FOR
INNOVATION PAINTING
THIS AGREEMENT (herein "Agreement"), is made and entered into this 18TH day of January, 2022 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and INNOVATION PAINTING. (herein "Contractor"). The parties hereto agree as follows:
WITNESSETH:
A. WHEREAS, City requires the painting of the Pedestrian Bridge Painting Project as set forth more fully in this Agreement.
B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.
C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:
1.0 DEFINITIONS
1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean Innovation Painting a (California corporation, partnership, individual) located at 1353 E. 7TH St, Ontario, Ca 91764.
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman, Placentia, California 92870.
(c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
1 Rev. 08/2017 ATTACHMENT 1
Project No. 5204
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.
2.0 SERVICES OF CONTRACTOR
2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.
2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.
2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E."
2.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.
2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
2 Rev. 08/2017 ATTACHMENT 1
Project No. 5204
2.6 Standard of Performance. Contractor, its subcontractors and their employees, in the performance of Contractor's work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.
Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.
In the event Contractor fails to perform in accordance with the above standard:
1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved.
Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;
2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and
3. The City shall have the option to direct Contractor not to re -perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re- perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City's right to reimbursement.
Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.
2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.
2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.
2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section 3 Rev. 08/2017 ATTACHMENT 1
Project No. 5204
3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of ten percent (10%) or less of the Contract Sum, may be approved by the City Administrator. Any increases, taken either separately or cumulatively, that result in the Contract Sum exceeding ten percent (10%) of the Contract Sum must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
2.10 Prevailing Waae Laws. Contractor represents and warrants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5.
Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.
3.0 COMPENSATION
3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Eighty Five Thousand Dollars ($85,000) (herein "Contract Sum"), except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.
3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.
4 Rev. 08/2017 ATTACHMENT 1
Project No. 5204
4.0 PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.
4.3 Force Maieure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than 24 months after the award of contract by the City Council.
5.0 COORDINATION OF WORK
5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Jonathan Infante, CFO
1353 E. 7TH St,
Ontario, CA 91764
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services 5 Rev. 08/2017 ATTACHMENT 1
Project No. 5204
and the Contractor shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
5.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.
5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City.
City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.
5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a 6 Rev. 08/2017 ATTACHMENT 1
Project No. 5204
Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused form any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.
6.0 INSURANCE, INDEMNIFICATION AND BONDS
6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, insurance as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.
Conditions:
In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.
This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director, City of Placentia, 401 E. Chapman Ave., Placentia, California 92870.
Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy.
The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors. 7 Rev. 08/2017 ATTACHMENT 1
Project No. 5204
Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above.
Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractor's responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.
If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement.
Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.
6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D" and are incorporated herein by this reference.
6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. 8 Rev. 08/2017 ATTACHMENT 1
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(b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.
The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.
6.4 Labor and Materials and Performance Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a labor and materials bond and a performance bond each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 9 Rev. 08/2017 ATTACHMENT 1
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6.5 Sufficiency of Insurer or Surety. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Senior Management Analyst of City ("Senior Management Analyst") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Senior Management Analyst; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Senior Management Analyst to the City Council of City within ten (10) days of receipt of notice from the Senior Management Analyst.
6.6 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.
7.0 RECORDS AND REPORTS
7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.
For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any 10 Rev. 08/2017 ATTACHMENT 1
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documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.
7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
8.0 GENERAL PROVISIONS
8.1 Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured. 11 Rev. 08/2017 ATTACHMENT 1
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8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Council, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.
8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.6 Rights and Remedies. Rights and Remedies are cumulative except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.8 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit A) or Schedule of Performance (Exhibit B). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.
8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.
8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person 12 Rev. 08/2017 ATTACHMENT 1
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shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:
To City:
To Contractor:
City of Placentia
401 E. Chapman Ave
Placentia, California 92870
Attn: Joel Cardenas, Public Works Superintendent
Innovation Painting
1353 E. 7T" St,
Ontario, CA 91764
8.11 Non -liability of City Officers and Emolovees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
8.13 Covenant Aaainst Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.
8.14 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.15 Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or 13 Rev. 08/2017 ATTACHMENT 1
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sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.
8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).
8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
8.19 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
8.20 Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
8.21 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe 14 Rev. 08/2017 ATTACHMENT 1
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and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, nor employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.
8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:
1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor.
2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on-site construction office for supervising the mover -off.
3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.
4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.
The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement.
8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.
8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
8.26 No Third -Party Beneficiary Riahts. This Agreement is entered into for the sole 15 Rev. 08/2017 ATTACHMENT 1
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benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
8.30 Funding Source Conditions — Contractor's Obliaation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.
8.31 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.
CITY OF PLACENTIA,
A municipal corporation and Charter City
Damien R. Arrula, City Administrator
16 Date:
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Project No. 5204
ATTEST
Robert S. McKinnell, City Clerk
CONTRACTOR
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE.
Rosanna Ramirez, Acting Deputy City
Administrator
APPROVED AS TO CONTENT:
Joel Cardenas, Public Works Superintendent
DEPARTMENTAL APPROVAL:
Luis Estevez, Deputy City Administrator
17 Date:
Date:
Date:
Date:
Date:
Rev. 08/2017 ATTACHMENT 1
Project No. 5206
(Use of City Bond Form is Required)
LABOR AND MATERIAL PAYMENT BOND
PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENT:
WHEREAS, , as Principal, has
entered into a contract dated , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit:
and all appurtenant work in accordance with PROJECT NO. , which requires Principal to file this bond to secure claims made in relation to the project.
NOW THEREFORE, we, , as Principal,
and , a corporation organized under the
laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
Dollars ($ .00), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.
As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under
Project No. 5206
any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code so as to give them a right of action in a suit on this bond.
This bond is executed for the purpose of complying with the laws of the State of California and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.
IN WITNESS THEREOF, we have hereunto set our hands and seals this day of , 20_
(Corporate Seal)
(Corporate Seal)
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
Principal
By
Title
Principal
By
Title
Project No. 5206
(Use of City form is required)
SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co -partnership, state the firm and give the names of all individual co-partners composing the partnership. If a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.
Business Address:
Telephone Number:
Date:
Print Name:
Signature:
Principal
Title
Project No. 5206
TAX IDENTIFICATION NUMBER
(Use of City form
is required)
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.
You (as a payee) are required by law to provide us with your Taxpayer Identification Number (if an individual or partnership, your Social Security Number). If you do not provide us with your correct identification number, you may be subject to a penalty imposed by the Internal Revenue Service. The payments subject to withholdings may include, but are not limited to, interest, dividends, or other payments the City of Placentia and/or the Placentia Redevelopment Agency made to you. Other payments may include rents, royalties, commissions and fees for service of non -employees.
If you are exempt from income tax, we are still required, by law, to maintain a Tax Identification Number on file. PLEASE PROVIDE YOUR TAX IDENTIFICATION NUMBER next to the appropriate listing below, sign, date and return to:
CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman
Placentia, CA 92870
Exempt: Yes No Telephone ( )
CORPORATION:
U.S.A. OR ANY AGENCIES THEREOF:
IRS CODE #501 TAX-EXEMPT ORGANIZATION:
A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:
SOLE PROPRIETOR:
A PARTNERSHIP:
OTHER: (Explain)
Signature/Title: Date:
Project No. 5206
BID GUARANTEE
TO THE CITY OF PLACENTIA
PROJECT NO.
As a material inducement to the City to award the contract for Project No. to , the undersigned ("Guarantor") has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: ("the work").
Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City's sole election: 1) reimburse the City, upon written demand, for all of the City's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.
Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned. The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.
If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.
If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.
Guarantor Date:
Contractor: By:
Title:
Project No. 5206
STATEMENT OF NON -COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true; b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; c. That such bid or proposal is genuine and not collusive or sham; d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement; e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal;
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else; Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years. j. That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any state or federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.
I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:
On at California.
Firm
Street
City State Zip
(Signature)
(Print Name & Title)
Project No. 5206
CITY OF PLACENTIA
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to ., a California corporation (hereinafter "Principal"), an Agreement, dated , 20 ("Agreement") whereby Principal agreed to provide construction services including
WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
NOW, THEREFORE, we, ., as Principal, and as Surety, are held and firmly bound unto the City in the sum of
Dollars ($ ) this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said Agreement and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officer, agents and employees, as therein stipulated; otherwise it shall be and remain in full force and virtue.
As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred in successfully enforcing the obligation on the bond, all to be taxed as costs and included in any judgment rendered.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Agreement, the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extensions of time, alteration or modification of Agreement, the contract documents or of the work to be performed thereunder.
Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otherwise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any federal or state laws ("Insolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction Management Agreement. The City shall be not be required to await the outcome of an Insolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to obtaining payment in full from Surety. If for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to this bond is rescinded or must be returned or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made.
Collection of liquidated damages by City due to Principal's failure to timely achieve Substantial Completion shall not limit, modify, or act as an offset or credit against Surety's obligation to arrange for or cause the completion of the Public Work as and when required by the Agreement.
IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of 20, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its goveming body. (Seal) (Seal)
Project No. 5206
SURETY
By
PRINCIPAL
By X
x
ADDRESS ADDRESS
APPROVED: Two (2) Notarized Signatures required from all Corporations.
CITY ATTORNEY
INSTRUCTIONS
1. The above bond must be executed by both the Principal and the Surety.
2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice - President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, all partners must sign it. If the Principal is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. The bond must be notarized by both the Principal and the Surety.
3. The City Attorney of the City of PIacentLE must approve the bond.
4. The bond, after approval, must be filed with the City Clerk of the City of Placentia.
Project No. 5206
EXHIBIT A
SCOPE OF SERVICES
The work under this section includes the following but not limited to the project preparation work, materials, labor, equipment, clean-up, and performance of all operations in connection with the painting of the entire exterior portion of the Pedestrian Bridge Crossing located at 248 S. Bradford Ave, railings included.
SCOPE FOR REPAIRS & PAINTING:
PREP -WORK:
All prep -work shall be performed by Contractor as required to protect existing surroundings prior to any repairs or commencement of painting. All work shall match existing texture, provided colors, and be completed to an even, leveled, and professional standard. Vendor shall be responsible for any damage caused by their workforce.
1. Exterior of building -Prep, patched, and paint
a. Elevator towers, pedestrian bridge, all areas must be properly prepped b. All cracks, joints, and seals must be properly cleaned, patched/caulked, and sealed
2. Exterior railing -Prep, repair and paint
a. Secure where areas may be loose or detached
b. Patch and caulk to create proper seal where rails meet pillars c. Rails need to be treated for rust and sealed to prevent further rust from reoccurring
3. Exterior Steps on both towers - Prep and paint.
a. Steps need to be painted with anti -slip paint.
4. Trench around both tower one foot were the walls meet the ground for proper paint coverage- Prep and paint.
MATERIALS SHALL BE AS FOLLOWS:
1. Latex -based exterior paint: paint that will not easily fade in severe weather and bonds well.
2. Paint for metal: Rust-oleum type paint that will help against rust, won't peel, and won't wade in severe weather
Barring unforeseen conditions, vendor shall guarantee installation of materials for a period of not less than five (5) years. Product shall carry a ten-year warranty.
ALTERNATIVE MATERIALS:
Submittal of alternate materials must be equal to or exceed the City's specified materials. Samples shall be submitted to the City's Public Works Superintendent and must be approved prior to their use REMNANT MATERIALS:
Any leftover material from this project shall be made available to the City for selection to its inventory.
WORK SCHEDULE:
Project work phases may be scheduled at any time in conjunction with BNSF regulations.
Project No. 5206
EXHIBIT B
SCHEDULE OF PERFORMANCE
The contractor agrees to perform the work therein to the satisfaction of and under the supervision of the Project Manager assigned to this project for the City of Placentia, and to enter into a contract at the following prices. The contractor agrees to complete the work within 30 calendar days after the permit by BNSF has been issued and starting from the date of the Notice to Proceed issued by the Project Manage for the City of Placentia.
Project No. 5206
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall maintain and shall require all its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement.
CITY reserves the right to review any and all of the required insurance policies and/or endorsements but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this agreement.
A. Workers Compensation & Employers Liability Insurance • Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California.
• Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
• The policy shall include a written waiver of the insurer's right to subrogate against CITY.
• Required Evidence of Coverage:
1. Subrogation waiver endorsement; and
2. Properly completed Certificate of Insurance.
B. General Liability Insurance
• Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Coverage shall be on a standard occurrence form. Claims -Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent. • Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate shall apply separately to each project. The required
Project No. 5206
limits may be provided by a combination of General Liability Insurance and Commercial Excess or Umbrella Liability Insurance. If contractor maintains higher limits than the specified minimum limits, CITY requires and shall be entitled to coverage for the higher limits maintained by contractor. • Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it must be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY'S written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • Coverage shall be continued for one (1) year after completion of the work. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. CITY shall continue to be an additional insured for completed operations for (1) year after completion of the work.
• The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products -completed operations hazard ("f' definition of insured contract in ISO form CG 00 01, or equivalent).
• The insurance provided to the additional insureds shall be primary to, and non-contributory with, any insurance or self-insurance program maintained by them.
• The policy shall cover inter -insured suits and include a "Separation of Insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance.
Project No. 5206
• Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status; (The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors.)
2. Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;
3. Properly completed Certificate of Insurance; and
4. Completed and signed Agent/Broker Questionnaire with supporting documentation as required.
C. Automobile Liability Insurance
• Minimum Limit: $1,000,000 combined single limit per accident. • Coverage shall apply to all owned, hired and non -owned vehicles. • CITY shall qualify as an insured.
• Required Evidence of Coverage:
1. Copy of the endorsement or policy language indicating that CITY is an insured; and
2. Properly completed Certificate of Insurance.
D. Contractors Pollution Liability Insurance
• Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; • Coverage shall apply to pollution incidents at or from any location at which Contractor is performing work under this agreement.
• Any deductible or self-insured retention shall be shown on the Certificate
Project No. 5206
of Insurance. If the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by CITY. Contractor is responsible for any deductible or self-insured retention and shall fund it upon CITY written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving CITY. • CITY shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor.
Additional insured status shall continue for one (1) year after completion of the work.
• The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.
• If the insurance is on a Claims -Made basis, the retroactive date shall be no later than the commencement of work.
• The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims -Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. • Required Evidence of Coverage:
1. Copy of the additional insured endorsement or policy language granting additional insured status;
2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non- contributory;
3. Properly completed Certificate of Insurance.
E. Surety Bonds
• Bid bond.
• Performance and payment bonds for the entire contract price. • The surety must be authorized to issue these bonds in the state of
Project No. 5206
California.
F. Standards for Insurance Companies
• Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.
G. Documentation
• The Certificate of Insurance shall include the following reference:
[Pedestrian Bridge Painting Project]
• The name and address for Additional Insured endorsements and Certificates of Insurance is: City of Placentia
• Contractor shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased.
• Current Evidence of Coverage shall be provided for the entire required period of insurance.
• Upon written request, certified copies of required insurance policies shall be provided within thirty (30) days.
Project No. 5206
EXHIBIT D
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
ACORN®
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
12/1/2021
PRODUCER
Orr & Associates Insurance Services
28780 Single Oak Dr
Ste 255
Temecula CA 92590
INSURED
Innovation Painting Inc.
1353 E. Seventh St.
Ontario CA 91764
COVERAGES
License#: 0E63493
INNOPAI-01
CONTACT
NAME: Certificates
PHONE
(A/C. No. Ext): 800-311-3081
E-MAIL
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE
INSURERA: Associated Industries Ins. Co.
INSURER B: California Auto Insurance Co.
1 INSURER C : Clear Spring Property & Cas Co
1 INSURER D : Navigators Insurance Company
I INSURER E :
I INSURER F :
CERTIFICATE NUMBER: 337384374 REVISION NUMBER: 1
FAX
No): 800-474-3003
NAIC #
23140
38342
15563
42307
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)
A X COMMERCIAL GENERAL LIABILITY Y Y AES120407901 10/30/2021 10/30/2022 EACH OCCURRENCE
CLAIMS -MADE
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X PRO-
JECT
OTHER:
B AUTOMOBILE LIABILITY
X ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
■
■
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
UMBRELLA LIAB
EXCESS LIAB
DED RETENT ON $
c WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
OCCUR
CLAIMS -MADE
Y/N
Y Y BA040000070528
N/A
Y CWC00266500
D Equipment Floater 04-IM032080
10/27/2021 10/27/2022
10/31/2021 10/31/2022
1/12/2021 1/12/2022
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE
AGGREGATE
$ 1,000,000
$ 100,000
$ 5,000
$ 1,000,000
$ 2,000,000
$ 2,000,000
$ 1,000,000
X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE - POLICY LIMIT $ 1,000,000
Rented/Leased Equip 25,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate is subject to policy limits, conditions and exclusions.
The City of Placentia, its officers, employees, representatives, attorneys, and volunteers; and employees shall be named as additional named insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors as per attached endorsement form(s).
CERTIFICATE HOLDER CANCELLATION
City of Placentia
401 E. Chapman Ave
Placentia CA 92870
ACORD 25 (2016/03)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Policy Number: AES120407901
COMMERCIAL GENERAL LIABILITY
CG 20 33 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to
include as an additional insured any person or or-
ganization for whom you are performing operations
when you and such person or organization have
agreed in writing in a contract or agreement that
such person or organization be added as an addi-
tional insured on your policy. Such person or or-
ganization is an additional insured only with re-
spect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured.
A person's or organization's status as an additional
insured under this endorsement ends when your
operations for that additional insured are com-
pleted.
CG 20 33 07 04
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to:
1. "Bodily injury', "property damage" or "personal
and advertising injury" arising out of the render-
ing of, or the failure to render, any professional
architectural, engineering or surveying servic-
es, including:
a. The preparing, approving, or failing to pre-
pare or approve, maps, shop drawings, opi-
nions, reports, surveys, field orders, change
orders or drawings and specifications; or
b. Supervisory, inspection, architectural or
engineering activities.
2. "Bodily injury" or "property damage" occurring
after:
a. All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than ser-
vice, maintenance or repairs) to be per-
formed by or on behalf of the additional in-
sured(s) at the location of the covered
operations has been completed; or
b. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontrac-
tor engaged in performing operations for a
principal as a part of the same project.
© ISO Properties, Inc., 2004 Page 1 of 1 11
POLICY NUMBER:AES120407901 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s) or Location and Description of Completed Organization(s): Operations
All persons or organizations where written contract with the Named Insured requires additional insured
completed operations coverage. This form does not
apply to your work on residential property
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at
the location designated and described in the sched-
ule of this endorsement performed for that additional
insured and included in the "products -completed
operations hazard".
CG 20 37 07 04
© ISO Properties, Inc., 2004 Page 1 of 1 ❑
POLICY NUMBER: AES120407901 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09
© Insurance Services Office, Inc., 2008 Page 1 of 1
POLICY NUMBER: AES120407901 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTING INSURANCE
(THIRD -PARTY)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Third Party:
All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:
4. Other Insurance:
With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy.
NX GL 009 08 09 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission
Policy Number: BA040000070528
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Business Auto Broadening Endorsement
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS
III. AUTOMATIC ADDITIONAL INSURED
IV. EMPLOYEE HIRED AUTO LIABILITY
V. SUPPLEMENTARY PAYMENTS
VI. FELLOW EMPLOYEE COVERAGE
VII. ADDITIONAL TRANSPORTATION EXPENSE
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
X. LOAN/LEASE GAP COVERAGE
XI. GLASS REPAIR — DEDUCTIBLE WAIVER
XII. TWO OR MORE DEDUCTIBLES
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO — COVERAGE TERRITORY
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH MCA85101213-CA
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6
Policy Number: BA040000070528
BUSINESS AUTO COVERAGE FORM
NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION 11 - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity.
Coverage under this provision is afforded only until the end of the policy period.
Coverage does not apply to an "accident" which occurred before you acquired or formed the organization.
II. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
e. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs.
III. AUTOMATIC ADDITIONAL INSURED
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II.
IV. EMPLOYEE HIRED AUTO LIABILITY
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
g.
An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.
V. SUPPLEMENTARY PAYMENTS
SECTION II — LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
MCA85101213-CA
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6
Policy Number: BA040000070528
VI. FELLOW EMPLOYEE COVERAGE:
SECTION II — LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance.
VII. ADDITIONAL TRANSPORTATION EXPENSE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following:
We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location.
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added:
c. If hired "autos" are covered "autos" for Liability Coverage in this policy and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit:
(1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less
(2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to "loss" caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance.
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following:
This exclusion does not apply to the accidental discharge of an airbag.
MCA85101213-CA
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 3 of 6
Policy Number: BA040000070528
X. LOAN/LEASE GAP COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added:
4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less:
a. The amount paid under the Physical Damage Coverage Section of the policy; and
b. Any:
(1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage.
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases.
XI. GLASS REPAIR — DEDUCTIBLE WAIVER
SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
No deductible applies to glass damage if the glass is repaired rather than replaced.
XII. TWO OR MORE DEDUCTIBLES
SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
If two or more "company" policies or coverage forms apply to the same accident:
1. If the applicable Business Auto deductible is the smallest, it will be waived; or
2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or
3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived.
For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies.
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation.
MCA85101213-CA
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Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6
Policy Number: BA040000070528
XIV. WAIVER OF SUBROGATION
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following:
5. Transfer Of Rights Of Recovery Against Others To Us
We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added:
Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery.
This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal.
XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:
1. Any covered "auto" you lease, hire, rent or borrow; and
2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business.
However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary:
e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
(1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
MCA85101213-CA
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6
Policy Number: BA040000070528
XVIII. HIRED AUTO - COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following:
e. Anywhere in the world if:
(1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and
(2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to.
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V — DEFINITIONS, C. "Bodily Injury" is amended by adding the following:
"Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease.
MCA85101213-CA
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 02 C (Ed. 01-17)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 0.025 % of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION AS REQUIRED BY
WRITTEN CONTRACT
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/31/2021 Policy No. CWC00266500 Endorsement No. 0 Insured Innovation Painting Inc Insurance Company Clear Spring Property and Casualty Company
Project No. 5206
EXHIBIT E
CLAIMS PROCEDURE
SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:
A "claim" is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
• A time extension, including relief from penalties for delay • Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City
Initial Review
The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.
Meet & Confer
If the contractor disputes the City's written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.
Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.
Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum. Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate but cannot otherwise waive these claim procedures.
TO:
VIA:
FROM:
DATE:
Successor Agency
to the Redevelopment Agency of the Cit of Placentia
AGENDA REPORT
SUCCESSOR AGENCY
CITY ADMINISTRATOR/EXECUTIVE DIRECTOR
SUCCESSOR AGENCY STAFF
JANUARY 18, 2022
SUBJECT: RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 22-23) FOR JULY 1, 2022 THROUGH JUNE 30, 2023
FISCAL
IMPACT: RPTTF FUNDED NON -ADMIN OBLIGATIONS: $1,965,589 RPTTF FUNDED ADMINISTRATIVE OVERHEAD: $ 151,142
TOTAL ROPS 22-23 EXPENDITURE REQUEST: $2,116,731
SUMMARY:
Pursuant to Health and Safety Code ("HSC") 34177 (I), successor agencies are required to prepare and submit a Recognized Obligation Payment Schedule ("ROPS") detailing each enforceable obligation that requires property tax revenue to satisfy debt of the former Redevelopment Agency for a twelve-month reporting period. This action respectfully requests the Successor Agency's review and approval of the ROPS 2022-23, which covers the twelve-month reporting period of July 1, 2022 through June 30, 2023.
RECOMMENDATION:
It is recommended that the Successor Agency take the following action:
Approve Resolution RSA -2022-01, a Resolution of the City Council of the City of Placentia, California, acting as the Successor Agency to the Redevelopment Agency of the City of Placentia, approving and adopting the Recognized Obligation Payment Schedule for the period of July 1, 2022 to June 30, 2023 (ROPS 22-23).
DISCUSSION:
Pursuant to HSC 34177 (I), the Successor Agency is required to prepare a ROPS that identifies the enforceable obligations of the former Redevelopment Agency and the sources of funds for the repayments. ROPS 22-23, covering the period of July 1, 2022 through June 30, 2023, must be approved by the Countywide Oversight Board of the County of Orange ("Countywide Oversight Board") and submitted to the State Department of Finance ("DOF") no later than February 1, 2022.
1. h.
Jan. 18, 2022
City Council/Successor Agency Agenda
January 18, 2022
The Countywide Oversight Board meeting will be held on Tuesday, January 28, 2022 and submitted to the DOF prior to February 1, 2022. Pursuant to Health and Safety Code 34177(m), the DOF has 45 days from submission after Countywide Oversight Board approval to review the ROPS and object to any enforceable obligations. If the ROPS is not submitted by the deadline, the City is subject to a $10,000 fine for every day the ROPS is late and the administrative cost allowance for the Successor Agency is reduced by 25% after 10 days. At this time, Staff has prepared the ROPS 22-23 for the Successor Agency Board's review and approval.
FISCAL IMPACT:
Proposed ROPS 22-23 expenditures to be paid from the Redevelopment Property Tax Trust Fund (RPTTF) total $2,116,731. Non -administrative enforceable obligations total $1,965,589 while the administrative overhead request totals $151,142. The administrative overhead request represents an approved allocation amount that the Successor Agency is authorized to receive pursuant to Health and Safety Code 34171.
Prepared by:
cessor Agency
Reviewed and approved:
IVA /en Er,t • • son
Interim Director of Finance
Reviewed and approved:
ega
A ist.rit to the City Administrator/
Economic Development Manager
Reviewed and approved:
Damien R. Arrula
City Administrator/Executive Director
Attachments:
1. Successor Agency Board Resolution RSA -2022-01 — Approving and Adopting the ROPS for 2022-23
2. Recognized Obligation Payment Schedule for July 1, 2022 to June 30, 2023 (ROPS 22-23)
RESOLUTION NO. RSA -2022-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY OF THE
CITY OF PLACENTIA, APPROVING AND ADOPTING THE
RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR
THE PERIOD OF JULY 1, 2022 TO JUNE 30, 2023 (ROPS
22-23)
A. Recitals.
(i) On December 29, 2011, the California Supreme Court delivered its decision in California Redevelopment Association v. Matosantos, finding ABx1 26 ("Dissolution Act") largely constitutional.
(ii) The Dissolution Act and the California Supreme Court's decision in California Redevelopment Association v. Matosantos, all California redevelopment agencies, including the Redevelopment Agency for the City of Placentia ("former Agency"), were dissolved on February 1, 2012.
(iii) On January 17, 2012, the Placentia City Council adopted Resolution No. R- 2012-03 accepting for the City, the role of Successor Agency to the former Redevelopment Agency ("Successor Agency").
(iv) California Health and Safety Code § 34177 provides that before each twelve- month fiscal period, successor agencies to former redevelopment agencies must prepare a Recognized Obligation Payment Schedule ("ROPS") for the enforceable obligations of a former redevelopment agency. The next twelve-month period for which a ROPS is required is the period that commences on July 1, 2022 and ends on June 30, 2023 ("ROPS 22-23").
(v) The City Council, in its capacity as the Successor Agency, desires to adopt this Resolution approving the ROPS 22-23 in accordance with California Health and Safety Code § 34177, which covers the twelve-month fiscal period that commences on July 1, 2022 and ends on June 30, 2023.
(vi) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA,
CALIFORNIA, ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF PLACENTIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
Resolution RSA -2022-01 ATTACHMENT 1
2. The City Council, acting in its capacity as the Successor Agency, approves and authorizes transmittal of the ROPS 22-23, covering the period of July 1, 2022 through June 30, 2023, in substantially the form attached hereto as Exhibit "A", as required by State law.
3. In retaining the responsibilities of the Redevelopment Agency of the City of Placentia as provided in California Health and Safety Code § 34177, the City Council expressly determines, recognizes, reaffirms, and ratifies the statutory limitation on the City and the City Council's liability in retaining the responsibilities of the Redevelopment Agency of the City of Placentia under AB X1 26, AB 1484, and SB 107. Nothing in this Resolution shall be construed as a commitment, obligation, or debt of the City or any resources, funds, or assets of the City to fund the City's service as the Successor Agency to the Redevelopment Agency of the City of Placentia as provided in this Resolution.
4. The City Administrator, or his designee, hereby is authorized and directed to submit the ROPS 22-23 set forth in Exhibit "A" to the Oversight Board for approval and transmittal to all required County and State agencies as well as to post the ROPS 22-23 on the Successor Agency's website.
PASSED, APPROVED and ADOPTED THIS 18TH DAY OF JANUARY 2022.
Rhonda Shader, Chairman
ATTEST:
Robert McKinnell, Agency Secretary
Resolution RSA -2022-01 ATTACHMENT 1
I, Robert McKinnell, Secretary of the Successor Agency to the Redevelopment Agency of the City of Placentia do hereby certify that the foregoing Resolution No. RSA -2022-01 was adopted at a regular meeting of the City Council acting as the Successor Agency to the Redevelopment Agency of the City of Placentia held on the 18th day of January 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert McKinnell, Agency Secretary
APPROVED AS TO FORM:
Christian L. Bettenhausen, General Counsel
Resolution RSA -2022-01 ATTACHMENT 1
Exhibit A:
Recognized Obligation Payment Schedule for July 1, 2022 to June 30, 2023 (ROPS 22-23)
(SEE STAFF REPORT ATTACHMENT 2)
Recognized Obligation Payment Schedule (ROPS 22-23) - Summary Filed for the July 1, 2022 through June 30, 2023 Period Successor Agency: Placentia
County: Orange
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
A Enforceable Obligations Funded as Follows (B+C+D)
B Bond Proceeds
C Reserve Balance
D Other Funds
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G)
F RPTTF
G Administrative RPTTF
H Current Period Enforceable Obligations (A+E)
Certification of Oversight Board Chairman:
22-23A Total
(July -
December)
$
$ 892,248
816,677
75,571
$ 892,248
Name
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature
22-23B Total
(January -
June)
$
ROPS 22-23
Total
$ 1,224,483 $ 2,116,731
1,148,912 1,965,589
75,571 151,142
$ 1,224,483 $ 2,116,731
Title
Date
Al
B C D l
F
Placentia
Recognized Obligation Payment Schedule (ROPS 22-23) - ROPS Detail July 1, 2022 through June 30, 2023
G H I J K L IM NI OP Q R S IT! U V w
ROPS 22-23A (Jul - Dec)
Item Obligation Agreement Agreement Total ROPS
9 Project Fund Sources
Project Name Execution Termination Payee Description Outstanding Retired 22-23 # Type Date Date Area Obligation Total Bond Reserve Other RPTTF 4 2003 COPs Miscellaneous 11/01/
City 2003
Reimbursement
01/01/2028 City of Amended &
Placentia Restated
Reimbursement
Agreement
Proceeds Balance Funds
22-23A
Admin Total
RPTTF
ROPS 22-23B (Jan - Jun)
Fund Sources
Bond Reserve Other RPTTF Admin
Proceeds Balance Funds RPTTF
22-23B
Total
$15,418,098 $2,116,731 $- $- $- $816,677 $75,571 $892,248 5- 5- 5- $1,148,912 $75,571 $1,224,483 Merged 2,508,820 N $419,857 - 375,686 - $375,686 - 44,171 - $44,171 9 Trustee Fees Fees 07/01/ 08/01/2032 US Bank Trustee Fees Merged 15,0001 N $2,250 2014 for US Bank
bond proceed
holder
15 Administrative Admin Costs 07/01/ 08/01/2032 City of Allocated Merged 1,906,630 N $151,142 Overhead 2016 Placentia overhead for
SA/OB
operations
19 Bond Fees 08/19/ 12/31/2032 Kosmont Continuing Merged Administration 2008 Transactions disclosure 2013
Services Bonds
29 2013 Tax Refunding 12/03/ 08/01/2032 US Bank 2013 Tax Merged Allocation Bonds Issued 2013 Allocation
Refund Bond After 6/27/12 Refund Bond
322013 Tax Reserves 12/03/ 08/01/2032 US Bank 2013 Bond Merged (Allocation 2013 Debt Service
Refund Bond Reserve
36 Real Property City/County 01/20/ 06/30/2023 City of Real Property Merged Transaction Loan (Prior 2009 Placentia Transaction
(312 S. 06/28/11), (312 S.
Melrose) Property Melrose)
between City of transaction between City of
Placentia and Placentia and
Redevelopment Redevelopment
Agency Agency
15,250 N $1,250
2,338,512 N $360,176
8,070,000 N $670,000
516,946 N $465,116
$- - 2,250 $2,250
- 75,571 $75,571 - 75,571 $75,571
$- - - 1,250 $1,250
- 184,963 - $184,963 - 175,213 - $175,213
$- - - 670,000 • $670,000
- 232,558 - $232,558 - 232,558 - $232,558
37 Real Property City/County 01/20/ 06/30/2022 City of Real Property Merged 46,940 Y $46,940 - - 23,470 • $23,470 - - 23,470 - $23,470 Transaction Loan (Prior 2009 Placentia Transaction
(110 S. 06/28/11), (110 S.
Bradford Ave) Property Melrose)
between City of transaction between City of
Placentia and Placentia and
Redevelopment Redevelopment
Agency Agency
Placentia
Recognized Obligation Payment Schedule (ROPS 22-23) - Report of Cash Balances July 1, 2019 through June 30, 2020
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (I), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B
ROPS 19-20 Cash Balances
(07/01/19 - 06/30/20)
1 Beginning Available Cash Balance (Actual 07/01/19)
RPTTF amount should exclude "A" period distribution
amount.
2 Revenue/Income (Actual 06/30/20)
RPTTF amount should tie to the ROPS 19-20 total
distribution from the County Auditor -Controller
3 Expenditures for ROPS 19-20 Enforceable Obligations
(Actual 06/30/20)
C D I E F G
Fund Sources
Bond Proceeds l Reserve Balance Other Funds RPTTF
Prior ROPS
Bonds issued Bonds issued RPTTF and
on or before on or after Reserve Rent, grants, Non -Admin 12/31/10 01/01/11 Balances retained interest, etc. and Admin for future
period(s)
4 Retention of Available Cash Balance (Actual 06/30/20) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5 ROPS 19-20 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 19-20 PPA
form submitted to the CAC
6 Ending Actual Available Cash Balance (06/30/20) $- $- CtoF=(1 +2-3-4), G=(1 +2-3-4-5)
580,000
37,583 2,195,253
H
Comments
580,000 2,108,278 2013 TARB Payment made to Fiscal Agent 1/ 16/2020 for Principal debt service payment
due 8/1/20
No entry required
87,225 $19,000 to be transferred back from General
Fund to RDA for unsupported transfer in
FY21-22
$-I $37,583 $(250)
Placentia
Recognized Obligation Payment Schedule (ROPS 22-23) - Notes July 1, 2022 through June 30, 2023
Item # ! Notes/Comments
4 9
15 19
29 32
36 During an internal reconciliation of actuals received compared to amounts determined in the ROPS 17-18 Determination, outstanding balances was not correct. Corrections were made to the total outstanding obligation in the current ROPS
37 During an internal reconciliation of actuals received compared to amounts determined in the ROPS 17-18 Determination, outstanding balances was not correct. Corrections were made to the total outstanding obligation in the current ROPS
TO:
VIA:
FROM:
DATE:
Placentia Cit Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
JANUARY 18, 2022
AGENDA REPORT
SUBJECT: CONSIDERATION OF AN URGENCY ORDINANCE OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING TITLE 22 (SUBDIVISIONS) TO CREATE AN URBAN LOT SPLIT AND AMENDING TITLE 23 (ZONING) OF THE PLACENTIA MUNICIPAL CODE TO CREATE TWO (2) RESIDENTIAL UNITS PER LOT PURSUANT TO THE IMPLEMENTATION OF SENATE BILL 9 FISCAL
IMPACT: NONE
SUMMARY:
Senate Bill 9 (SB 9) was approved by Governor Gavin Newson on September 16, 2021. It was effective starting on January 1, 2022 and provides for the ministerial approval of urban lot splits and housing development containing no more than two (2) residential units on a lot in single family residential zones. The purpose of this Urgency Ordinance is to incorporate standards reflective of the City of Placentia into the review process concurrent with the effectiveness of the state law.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Open the Public Hearing concerning Ordinance No. 0-2022-01; and
2. Receive the Staff Report, consider all Public Testimony, ask any questions of Staff; and
3. Close the Public Hearing; and
4. Find that adoption of Urgency Ordinance No. 0-2022-01 is not a project under the California Environmental Quality Act pursuant to SB 9, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect upon the environment; and
5. Adopt as an urgency measure by 4/5 votes, Urgency Ordinance No. 0-2022-01, an Urgency Ordinance of the City of Placentia, California, amending Title 22 (Subdivisions) to create an urban lot split and amending Title 23 (Zoning) of the Placentia Municipal Code to create two (2) residential units per lot pursuant to the implementation of Senate Bill 9; and
2. a.
Jan. 18, 2022
City Council Agenda
January 18, 2022
6. Direct Staff to return to the Planning Commission no later than March 2022 to consider the possible recommendation to the City Council of a non -urgency version of an ordinance designed to comply with Senate Bill 9.
BACKGROUND:
On September 16, 2021, Governor Newsom signed SB 9 into law which adds two (2) new sections to the Government Code creating urban lot splits and the development of two (2) units on a single- family residential lot. New Government Code Section 66411.7 requires a local agency to ministerially approve a parcel map for a lot split in the single-family zone when the map meets all the listed requirements of that section. Similarly, new Government Code Section 65852.21 requires a local agency to ministerially approve a housing development of no more than two (2) residential units (either 2 new or 1 new in addition to an existing unit) within a single-family residential zone without discretionary review nor a hearing when the proposed development meets all the listed requirements of that section. The cumulative effect of SB 9 is to allow up to four (4) units on a lot where there once was only one (1) unit permitted within single-family residential zones.
DISCUSSION:
SB 9 was approved by Governor Gavin Newson on September 16, 2021. It went into effect on January 1, 2022 and will have two (2) main impacts. First, SB 9 adds Government Code section 66411.7 to the Subdivision Map Act to require cities to ministerially approve a parcel map for an "urban lot split" into two (2) Tots if the existing lot meets specified requirements, such as the requirement that the lot is within a single-family residential zone. The City may impose standards for that urban lot split but those standards for ministerial approval must be objective standards.
Second, SB 9, along with the ministerial approval of a proposed urban lot split, new Government Code Section 65852.21 requires the ministerial approval of a housing development containing no more than two (2) residential units on a lot, without discretionary review nor a hearing, if the proposal meets certain objective requirements. For both new sections, there are certain requirements that must be met to utilize those new sections. These include:
• located in a single-family residential zone
• not a historic landmark or located in a historic district • not located in a very high fire hazard severity zone
• not located in a flood zone or on land identified for habitat conservation • proposal would not demolish more than 25 percent of existing exterior structural walls Further, the newly created parcels shall be no smaller than 1,200 square feet and one (1) of the parcels created cannot be smaller than 40% of the lot area of the original parcel. The lot cannot have been previously subdivided pursuant to these urban lot split standards. Neither the owner of the parcel being subdivided nor anyone acting in concert with that owner has previously subdivided an adjacent parcel using the urban lot split standards.
A local agency may impose objective zoning, subdivision, and design standards. "Objective" standards involve no personal or subjective judgement and are uniformly verifiable by reference to an external and uniform benchmark or criteria available and knowable by both the developer
City Council Agenda
January 18, 2022
and the local agency, so long as those standards do not conflict with SB 9. Objective standards may not physically preclude the construction of two (2) residential units on either of the resulting parcels or physically preclude either of the two (2) units from being at least 800 square feet in floor area.
Cities do have some very limited discretion in what to include in an SB 9 ordinance. Here are some examples that are included in the proposed ordinance:
• Demolition. The proposed ordinance prohibits housing developments that would demolish more than 25% of the existing structural walls on a lot where a tenant had resided in the last three (3) years. A city may opt to allow such demolition, per Government Code § 65852.21(a)(5).
• Access. Government Code 66411.7(e) requires cities to include "a requirement that the parcels have access to, provide access to, or adjoin the public right of way." The proposed ordinance adds language to clarify what is sufficient to meet this requirement. • Percolation. The city is allowed to require residential units connected to an onsite wastewater treatment system (septic tank) to have completed a percolation test in the last five (5) years, or if the percolation test has been recertified, within the last 10 years, which shows that the system meets acceptable infiltration rates. • Parking. Cities are sometimes allowed, but not required, to allow up to one (1) off street parking space per unit. The proposed ordinance would require parking be provided at the maximum permissible rate. However, the city cannot require off street parking if the parcel is located within one-half mile walking distance of a high-quality transit corridor or a major transit stop, or there is a car share vehicle located within one (1) block of the parcel. • Additional Unit. Due to the fact that the second unit on an existing lot or newly created lot is very similar in nature to an accessory dwelling unit (ADU), the proposed ordinance requires that the same standards, conditions, and requirements for accessory dwelling units be followed, unless those standards, conditions and requirements conflict with the proposed ordinance or state law, in which case, the proposed ordinance and state law would apply.
Urgency:
The proposed amendments to the Placentia Municipal Code will implement SB 9 to reflect the objective standards for Placentia. Without an Urgency Ordinance (or permanent regulations) in place, proposals for urban lot splits and two -unit residential developments would be subject to only the standards in SB 9. Once adopted, the Urgency Ordinance will remain in effect until amended or repealed by the City Council. The next steps after adoption would be to have Planning Commission review the ordinance and make any recommended changes for City Council consideration.
Fees:
There are existing fees related to accessory dwelling units and for Tentative Parcel Map applications. However, the City's standard Tentative Parcel Map fee includes staff time spent preparing for and conducting a public hearing. Urban lot splits and/or two (2) units per lot cannot include a public hearing pursuant to SB9. Therefore, as part of the Citywide User Fee Study, a
City Council Agenda
January 18, 2022
unique fee for Urban lot splits may be considered by City Council and a fee specific to reviewing two (2) residential units on one (1) lot may be considered by City Council. In the interim, Staff will utilize the same fee structure for cost recovery that is currently utilized for the review and entitlement of ADU's as advised by the City Attorney's office.
CEQA:
One of the Staff recommendations is for City Council to find that adoption of Urgency Ordinance No. 0-2022-01 is nota project under the requirements of the California Environmental Quality Act (CEQA), and that there is no possibility that the activity in question may have a significant effect upon the environment. Pursuant to SB 9, adoption of regulations related to SB 9 is not considered a "project" and therefore, the Urgency Ordinance is not subject to CEQA review.
Prepared by: Reviewed and approved:
Jo
Dir
M. Lrfbert Damien R. Arrula
r of Development Services City Administrator
Attachment:
Urgency Ordinance No. 0-2022-01- Implementing SB 9
URGENCY ORDINANCE NO. 0-2022-01
AN URGENCY ORDINANCE OF THE CITY OF
PLACENTIA, CALIFORNIA AMENDING TITLE 22
(SUBDIVISIONS) TO CREATE AN URBAN LOT SPLIT AND
AMENDING TITLE 23 (ZONING) OF THE PLACENTIA
MUNICIPAL CODE TO CREATE TWO (2) RESIDENTIAL
UNITS PER LOT PURSUANT TO THE IMPLEMENTATION
OF SENATE BILL 9
City Attorney's Summary
This Ordinance amends Title 22 (Subdivisions) of the Placentia Municipal Code (PMC) to create an urban lot split process and provisions, and also amends Title 23 (Zoning) of the PMC to create a process and provisions for two residential units per lot pursuant to the implementation of Senate Bill 9 (SB9). SB 9 adds two new sections to the Government Code, creating urban lot splits and the development of two units on a single-family residential lot. Therefore, this Ordinance will update the PMC as necessary to achieve compliance with recent State legislation regarding urban lot splits and to allow two residential units per single-family zoned lot.
WHEREAS, on September 16, 2021 Governor Gavin Newsom approved Senate Bill 9 (SB 9, Chapter 162) relating to the creation of two residential units per lot which requires local agencies to ministerially approve housing development containing no more than two residential units per lot and ministerially approve an urban lot split; and WHEREAS, SB 9 took effect on January 1, 2021; and
WHEREAS, SB 9 allows local agencies to impose objective zoning, subdivision, and design review standards; and
WHEREAS, given that SB 9 was not signed until mid-September, there was insufficient time to process this Ordinance through noticed hearings before the Planning Commission and City Council and have the Ordinance in place as close as possible to January 1, 2021; and
WHEREAS, the public is already beginning to express interest in developing under this new law and it is necessary to have standards in place as close as possible to the time SB 9 became effective.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 22.80.021 is hereby added to the Placentia Municipal Code to read as follows:
1 Urgency Ordinance 0-2022-01
Urban Lot Split Requirements:
A. Definitions. For purposes of this Section, the following definition shall apply:
1. "Urban lot split" means a lot split of a single-family residential lot into two parcels that meets the requirements of this section.
The city shall ministerially approve a parcel map for a lot split that meets the following requirements:
1. The parcel is located within a single-family residential zone.
2. The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.
3. The parcel map divides an existing parcel to create no more than two new parcels of approximately equal lot area, provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel.
4. Both newly created parcels are no smaller than 1,200 square feet.
5. The parcel is not located in any of the following areas and does not fall within any of the following categories:
a. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
b. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B).
c. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2(June 21, 1993).
d. A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
e. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic 2 Urgency Ordinance 0-2022-01
Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. f. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.
g.
A special flood hazard area subject to inundation by the 1 percent annual chance flood (100 -year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA.
If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
i. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
ii. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii);
h. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no -rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. i. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural 3 Urgency Ordinance 0-2022-01
J.
resource protection plan as further spelled out in Government Code section 65913.4(a)(6)(I).
Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
k. Lands under a conservation easement.
6. The proposed lot split would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b. Housing that is subject to any form of rent or price control by the city; c. A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or
d. Housing that has been occupied by a tenant in the last three years.
7. The lot split does not create more than two units on a parcel, including any accessory dwelling units or junior accessory dwelling units.
8. Flag lots are not permitted, unless necessary to comply with this section.
C. Standards and Requirements. The following requirements shall apply:
1. The lot split conforms to all applicable objective requirements of the Subdivision Map Act and Title 22 of the Placentia Municipal Code, except as the same are modified by this section.
No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
4 Urgency Ordinance 0-2022-01
Except for those circumstances described in section C.2 above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the single-family residential zone.
4. The applicant shall provide easements for the provision of public services and facilities as required to service the newly created Tots.
All lots shall have a minimum street frontage of ten feet to provide for vehicular access and shall comply with driveway requirements of Title 23.
Off-street parking shall be limited to one space per unit and follow the standards in Title 23, unless they conflict with this section, in which case this section will prevail. Notwithstanding the above, no parking requirements shall be imposed in either of the following circumstances:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or
b. There is a car share vehicle located within one block of the parcel.
D. In connection with an application under this section, the city shall not:
1. Require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map.
Impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
Require the correction of nonconforming zoning provisions as a condition for the lot split.
4. Deny an application solely because it proposes adjacent or connected structures provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.
An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:
5 Urgency Ordinance 0-2022-01
1 That applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval. This requirement does not apply when the applicant is a "community land trust" or a "qualified nonprofit corporation" as the same are defined in the Revenue and Taxation Code.
That the uses shall be limited to residential uses.
That any rental of any unit created by the lot split shall be for a minimum of thirty-one days.
That the maximum number of units to be allowed on the parcels is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, and junior accessory dwelling units.
The city may deny the lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
G. This section shall not apply to:
1 Any parcel which has been established pursuant to a lot split in accordance with this section; or
2. Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this section. For purposes of this section, it will be assumed that where a lot owner purchased the property from an adjacent owner who subdivided his property pursuant to this division within five years of the lot split, the owner is acting in concert with the then owner of the adjacent lot. Acting in concert shall also include where the owner of a property proposed for an urban lot split is the same, related to, or connected by partnership to the owner, buyer or seller (if transferred within the previous three years) of an adjacent lot. However, acting in concert is not limited to these situations.
H. Any unit constructed must be compatible in design to the existing primary structure and must also comply with the existing accessory dwelling unit standards and requirements set forth in Chapter 23.73 of this Code unless those standards and 6 Urgency Ordinance 0-2022-01
requirements conflict with this section or state law, in which case this section and state law apply.
The provisions of this section supersede any provisions of the Titles 22 and 23 of the Municipal Code to the contrary.
SECTION 2. Chapter 23.13 is hereby added to the Placentia Municipal Code to read as follows:
Section 23.13.010 Two -unit Housing Development
A. For purposes of this section, the following definition shall apply:
1. "Housing development" shall mean no more than two residential units within a single-family zone that meets the requirements of this section. The two units may consist of two new units or one new unit and one existing unit.
B. The city shall ministerially approve a housing development containing no more than two residential units if it meets the following requirements:
1. The parcel is located within a single-family residential zone.
2. The parcel is located at least partially in an urbanized area or urban cluster as designated by the United States Census Bureau.
3. The parcel is not located in any of the following areas and does not fall within any of the following categories:
a. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.
b. Prime farmland or farmland of statewide importance as further defined in Government Code section 65913.4(a)(6)(B).
c. Wetlands as defined in the Unites States Fish and Wildlife Service Manual, Part 660 FW 2(June 21, 1993).
d. A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard 7 Urgency Ordinance 0-2022-01
mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
e. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. f. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.
g.
A special flood hazard area subject to inundation by the 1 percent annual chance flood (100 -year flood) as determined by the Federal Emergency Management Agency (FEMA) in any official maps published by FEMA.
If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or
ii. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Government Code section 65913.4(a)(6)(G)(ii);
h. A regulatory floodway as determined by FEMA in any of its official maps, published by FEMA unless the development has received a no -rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If an applicant is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the 8 Urgency Ordinance 0-2022-01
applicant did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.
Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Government Code section 65913.4(a)(6)(I).
Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
k. Lands under a conservation easement.
The proposed housing development would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b. Housing that is subject to any form of rent or price control by the city; c. A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or
d. Housing that has been occupied by a tenant in the last three years.
Demolition of an existing unit shall not exceed more than 25 percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.
C. Standards and Requirements. The following requirements shall apply in addition to all other objective standards pertaining to the single-family residential zone, unless they conflict with state law:
9 Urgency Ordinance 0-2022-01
1. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
Except for those circumstances described in section C.1 above, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the single-family residential zone.
The applicant shall provide easements for the provision of public services and facilities as required.
4. All lots shall have a minimum street frontage of ten feet to provide for vehicular access and shall comply with driveway requirements of Title 23.
Off-street parking shall be limited to one space per unit and follow the standards in Title 23, unless they conflict with this chapter, in which case this chapter shall prevail. Notwithstanding the above, no parking requirements shall be imposed in either of the following circumstances:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or
b. There is a car share vehicle located within one block of the parcel.
For residential units connected to an onsite wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last 5 years, or if the percolation test has been recertified, within the last 10 years, which shows that the system meets acceptable infiltration rates. 7 The front setback shall be 20 feet on a lot that fronts on a street, except on Tots where the street -facing side (width) is longer than the depth, in such case the setback from the street -facing lot line shall be 10 feet.
8. For landlocked parcels side yard setbacks shall apply to all property lines.
D. The city shall not:
1. Impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units 10 Urgency Ordinance 0-2022-01
on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
2. Deny an application solely because it proposes adjacent or connected structures provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.
An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the City Attorney to be recorded against the property stating the following:
1. That the uses shall be limited to residential uses.
2. That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one days.
That the maximum number of units to be allowed on the parcels is two, including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, and junior accessory dwelling units.
The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
Any unit constructed must be compatible in design to the existing primary structure and must also comply with the existing accessory dwelling unit standards and requirements set forth in Chapter 23.73 of this Code unless those standards and requirements conflict with this section or state law, in which case this section and state law apply.
The provisions of this section supersede any provisions in the Titles 22 and 23 of the Municipal Code to the contrary.
Section 23.13.020 Parcel Maps for Urban Lot Splits.
"Notwithstanding anything else in this section to the contrary, if the lot was previously involved in a subdivision pursuant to Municipal Code section 22.80.021 (Urban Lot Split — Approval Process), then an ADU or JADU is allowed if, after construction, there would be no more than two housing units on the lot, including, 11 Urgency Ordinance 0-2022-01
but not limited to units otherwise allowed pursuant to density bonus provisions, ADU provisions, or JADU provisions."
SECTION 3. This adoption of this Ordinance is not a project under CEQA pursuant to SB
9. SECTION 4. This Ordinance shall take effect immediately because of the need for the preservation of the public peace, health, and safety as set forth in the Whereas clauses in the beginning of this Ordinance.
Passed, approved, and adopted this 18th day of January, 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Urgency Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Placentia, held on the 18th day of January 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
ATTEST:
Robert S. McKinnell, City Clerk
12 Urgency Ordinance 0-2022-01
TO:
VIA:
FROM:
DATE:
Placentia City Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
JANUARY 18, 2022
AGENDA REPORT
SUBJECT: GENERAL PLAN AMENDMENT NO. GPA 2021-01, 2021-2029 HOUSING
ELEMENT UPDATE
FISCAL
IMPACT: None
SUMMARY:
The City of Placentia General Plan was comprehensively updated in October 2019, with the exception of the Housing Element which was adopted in 2014. State planning law mandates that jurisdictions review and update their Housing Elements every eight (8) years in order to remain relevant and useful, and to reflect the community's changing housing needs via their Regional Housing Needs Assessment (RHNA). The 2021-2029 Housing Element will be the "Sixth Cycle" Housing Element. The Fifth Cycle Housing Element covers the planning period from October 2013 to October 2021, and the Sixth Cycle Housing Element will cover the planning period from October 2021 to October 2029. On October 19, 2021, the City Council reviewed the draft Housing Element for the Sixth Cycle and directed Staff to transmit the draft Element to the State for review. At this time, Staff has obtained comments from the State, and prior to completing the final draft of the Element, Staff is seeking direction regarding strategies for creating additional housing capacity to accommodate the RHNA over the next eight (8) years.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Open the public hearing concerning General Plan Amendment No. GPA 2021-01; and
2. Receive the staff report and Staff presentation, and consider all public testimony; and
3. Consider Planning Commission recommendations from January 11, 2022, and provide direction to Staff regarding strategies for creating additional housing capacity to accommodate the RHNA over the next eight (8) years; and
4. Continue the public hearing regarding General Plan Amendment No. GPA 2021-01 (adoption of Housing Element) to March 15, 2022.
2.b.
Jan, 18, 2022
City Council Agenda
January 18, 2022
BACKGROUND:
Every eight (8) years, each city within the Southern California Association of Governments (SCAG) region is required to prepare an update to the Housing Element of the City's General Plan. The current update is referred to as the "6th planning cycle" which spans the 2021-2029 period. The City commenced the 6th cycle Housing Element update effort last year, and the following previous public meetings have been conducted to review Housing Element requirements and housing issues in Placentia:
• June 8, 2021 Planning Commission meeting
• August 24, 2021 Public workshop
• September 14, 2021 Planning Commission meeting
• September 16, 2021 Public workshop
• September 21, 2021 City Council meeting
• October 12, 2021 Planning Commission meeting
• October 19, 2021 City Council meeting
An important difference between the Housing Element and other elements of the General Plan is the extent of State oversight. Under California law, land use and development is generally within the authority of cities through the adoption of policies and regulations in General Plans and municipal codes. However, State law establishes many specific limitations and requirements on city land use authority with regard to housing.
The State legislature has also declared an adequate supply of housing to be a matter of statewide importance and has delegated authority to the California Department of Housing and Community Development ("HCD") to review local government Housing Elements and issue opinions regarding their compliance with State law. Cities must submit Housing Elements to HCD for review both prior to and after final adoption by the City Council. A finding of Housing Element compliance by HCD is referred to as "certification" of the Housing Element. Certification is important to enhance cities' eligibility for grant funds and also to support local land use authority. Recent amendments to State law allow HCD and the California Attorney General to file litigation against cities on the grounds of Housing Element non-compliance, and courts are also authorized to impose fines upon non-compliant cities.
On October 21, 2021 the draft Housing Element was submitted to HCD for review, and on December 20, 2021 HCD issued its review letter (Attachment 1) finding that the draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law.
The purpose of this public hearing is to provide the City Council and community stakeholders an opportunity to review HCD comments upon the draft Housing Element, and discuss how the City will address HCD's comments, with emphasis on how Placentia will accommodate the future housing need that has been assigned through the Regional Housing Needs Assessment (RHNA) process. Additional background information regarding the RHNA is provided in the Frequently Asked Questions and the staff reports for previous meetings, which are posted on the City's Housing Element website at: https:!/placentia.oro/943/2021-2029-Housina-Element-Update.
City Council Agenda
January 18, 2022
HCD FINDINGS
All cities are receiving lengthy Housing Element comment letters from HCD, reflecting the high level of State concern related to the "housing crisis." Some HCD comments can be addressed through clerical or technical revisions to the Housing Element, while other comments involve fundamental land use policy issues. Staff is currently working on proposed revisions to the Draft Housing Element to address HCD's comments.
Some of the most important comments from HCD involve how the City will accommodate future housing needs as assigned through the RHNA process. Because of the exceptionally high RHNA allocations in this Housing Element cycle, many if not most Orange County cities do not currently have sufficient land zoned for housing to fully accommodate the RHNA. As noted in previous meetings, Placentia's 6th cycle RHNA allocation is 4,398 units compared to 492 units in the prior cycle. Under State law, if a city's land use plans and zoning do not demonstrate adequate capacity to accommodate the RHNA, zoning must be amended to create additional capacity.
LAND USE POLICY OPTIONS
The Draft Housing Element (Table B-1, below) estimated that there is currently a shortfall of approximately 1,000 potential housing units as compared to the RHNA based upon current zoning. The Housing Element must identify land use strategies and potential sites that could be rezoned to bridge this shortfall.
Table B-1: Residential Sites Summary
Income Category Very Low Low _ Moderate _ Above Moderate Approved Projects (Table B-2) 187 774
Vacant Sites (Table B-3) - - 496 69
Underutilized Sites (Table B-4) 786 469 257 384
ADUs 14 24 17 1
Total Capacity 800 680 770 1,228
RHNA 1,231 680 770 1,693
Surplus (Shortfall) (431) (465)
Source: City of Placentia, 2021
A key Housing Element policy question for the Planning Commission and City Council is to identify the most appropriate land use strategies for increasing housing capacity. In previous meetings Staff has discussed some possible options for expanding housing opportunities. The following table summarizes potential strategies for City Council consideration. The primary objective of this meeting is to consider the relative advantages and disadvantages of these various options, or alternative land use strategies, and identify those that would be most appropriate for creating additional housing capacity to accommodate the RHNA over the next 8 years.
City Council Agenda
January 18, 2022
Strategy
TOD Zone Expansion
Chapman Corridor
Higher density in a
portion of Atwood
neighborhood
Expansion of Higher
Density Adjacent to Old
Town Placentia
Increase R-3 density
Description
The TOD zoning district currently allows up to 95 units/acre in some subareas. This strategy would expand the boundaries of the TOD district to some adjacent properties.
Allow mixed-use and higher densities along the Chapman Ave. corridor
The Atwood neighborhood is currently zoned R-1 and contains a substantial amount of vacant or underutilized land.
The Old Town zoning district currently allows up to 65 units/acre in some subareas. This strategy would expand the boundaries of the Old Town district to some adjacent properties.
The current R-3 maximum density is 25 units/acre. Under State law, a density of 30 units/acre is considered necessary to accommodate lower-income housing. Increasing the allowable density from 25 to at least 30 units/acre would accomplish 2 things: 1) create additional housing capacity; and 2) allow R3 properties to accommodate lower-income housing for RHNA purposes.
PLANNING COMMISSION RECOMMENDATION:
Est.
Potential
Units
1000-1200
500-600
100-200
200-300
200-400
On January 11, 2022, the Planning Commission conducted a public hearing concerning General Plan Amendment No. GPA 2021-01. The Planning Commission also provided recommendations to City Council regarding strategies for creating additional housing capacity to accommodate the RHNA over the next eight (8) years, and recommended that City Council prioritize the above strategies in the following order of importance: 1. Chapman Corridor, 2. Expansion of Higher Density Adjacent to Old Town Placentia, and 3. TOD Zone Expansion. The fourth option presented, 4. Higher density in a portion of the Atwood neighborhood, was only recommended by Planning Commission if needed to make the RHNA shortfall.
Staff did not receive a Planning Commission recommendation regarding increasing the maximum R-3 density from 25 to 30 units/acre as the discussion focused on potential areas for significant rezoning. However, staff continues to support the strategy to increase R-3 density from 25 to 30 units/acre as well as the strategies recommended by the Planning Commission. Subsequent to the aforementioned recommendations, the Commission continued the Planning Commission public hearing regarding General Plan Amendment No. GPA 2021-01 to March 8, 2022, at which time it is anticipated that Planning Commission will make a recommendation to City Council regarding the updated draft Housing Element.
Further Analysis
Prior to publishing the Planning Commission packet in early January, staff intended to have the Planning Commission (and City Council) review an updated draft Housing Element in January.
However, the City's consultant recommended taking public comments, continuing the public hearings to a date certain, and focusing the meetings on potential sites for rezoning. Therefore, staff did not have significant time to analyze the potential sites. Subsequent to preparing for and holding the January Planning Commission meeting, staff was able to complete additional analysis
City Council Agenda
January 18, 2022
regarding the potential rezoning strategies to meet the RHNA shortfall, and the table above has been updated to indicate the revised number of units that each strategy may potentially yield.
TOD Zone Expansion,
Based on this analysis, staff, in conjunction with the City's consultant, determined that a TOD Zone expansion could potentially yield another 1,000-1,200 housing units, which would accommodate the entire current shortfall. Unlike the other strategy areas, a TOD expansion focused on both sides of Crowther Avenue between SR -57 and Cameron Street (approximately) has several benefits. Adequate Planning efforts have already occurred and could be easily expanded upon. The TOD Zoning boundaries and TOD Streetscape Master Plan could be readily modified to accommodate additional parcels with continuity in streetscape, landscape, building architecture, and other thematic elements and infrastructure resulting in a seamless expansion.
In addition, adequate infrastructure exists (or is being built now) in the TOD area, including upgrades to sewer, water and Crowther Avenue itself. Moreover, the existing TOD Development Impact Fees (DIFs), and Community Facilities District (CFD) are in place and could be readily expanded to accommodate future expansion. To accomplish the TOD expansion, staff could potentially utilize LEAP funding already secured from the State to finish this effort.
Chapman Corridor
A Chapman Corridor Specific Plan or Overlay Zone (different zoning tools for similar result) would potentially allow residential/commercial mixed-use and higher densities along Chapman Avenue, generally from Placentia Avenue easterly to the Civic Center. By conducting further analysis, staff and the City's consultant determined that a Chapman Corridor Plan could conservatively yield another 500-600 housing units. This effort is already identified as a goal in the 2019 General Plan, and, is currently budgeted in the FY21-22 CIP Budget. Staff can also utilize LEAP funding and/or SB2 funding already secured from the State to finish this effort. If City Council directs staff to undergo a Chapman Corridor rezoning effort as part of the Housing Element adoption, staff would recommend parallel efforts to create a Chapman Corridor Streetscape Master Plan, DIF program and potentially a CFD program for the Corridor similar to what has been created in the TOD Packinghouse District and Old Town District.
CEQA COMPLIANCE:
No formal actions are proposed at this meeting; therefore, no CEQA documentation is necessary at this time. Appropriate environmental analysis will be prepared for review by the Planning Commission and City Council prior to consideration and approval of the final Housing Element.
NEXT STEPS:
Staff will compile City Council comments from this hearing and City Council direction will then be incorporated into the revised draft Housing Element for subsequent review by the Planning Commission and City Council at subsequent public hearings in March 2022.
City Council Agenda
January 18, 2022
Prepared by:
J
h M. , Imbert
Dirctor of Development Services
Reviewed and approved:
Damien R. Arrula
City Administrator
Attachments:
1. HCD letter dated December 20, 2021
2. PowerPoint Including Land Use Strategy Maps
STATE OF CALIFORNIA - BUSINESS. CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM. Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.aov
December 20, 2021
Joe Lambert, Director
Development Services Department
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Dear Joe Lambert:
RE: City of Placentia's 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of Placentia's (City) draft housing element received for review on October 21, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from the Campaign for Fair Housing Elements; Kennedy Commission; and People for Housing Orange County, pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
As a reminder, the City's 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City's 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government's housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).
ATTACHMENT 1
Joe Lambert, Director
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD's Affordable Housing and Sustainable Communities programs; and HCD's Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor's Office of Planning and Research at:
htto://oor.ca.aov/docs/OPR Appendix C final.pdf and
htto: //oor. ca.aov/docs/Final 6.26.15. pdf.
HCD appreciates your efforts in the preparation of your draft element. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Chelsea Lee, of our staff, at Chelsea.Lee aahcd.ca.aoy.
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
ATTACHMENT 1
APPENDIX
CITY OF PLACENTIA
The following changes are necessary to bring the City's housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD's website at htto://www, hcd.ca. aovicommunity-develoomentlhousina-elementihousina-element- memos.shtml. Among other resources, the housing element section contains HCD's latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at htti :// www.hcd.ca.aovicommunity-develoomentibuildina-blocksiindex.shtmi and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
As part of the evaluation of programs in the past cycle, the element must provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers and persons experiencing homelessness).
B. Housing Needs. Resources. and Constraints
1. Affirmatively furthering] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2...shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) The element provides a general overview of affirmatively furthering fair housing (AFFH), beginning on page 2-22, including general information on outreach and segregation and integration. However, it generally does not address this requirement. The element, among other things, must include outreach, an assessment of fair housing, analysis of the sites inventory, identification, and prioritization of contributing factors to fair housing issues and goals and actions sufficient to overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity. For further guidance, please visit HCD's AFFH in California webpage at httos:// www.hcd.ca.govicommunitv-develooment/affh/index.shtml .
2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all City of Placentia's 61h Cycle Draft Housing Element
December 20, 2021
ATTACHMENT 1
income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Extremely Low -Income (ELI) Households: While the element quantifies existing and projected ELI households, it must also analyze their housing needs. For example, the element should analyze tenure, cost burden and other household characteristics then examine the availability of resources to determine gaps in housing needs. To assist the analysis, see the enclosed data and sample analysis at
http:l/ www.hcd.ca.aov/community-develooment/buildina-blocks/housina- needs/extremely-low-income-housina-needs.shtml.
3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Overpayment: While the element includes some general information on overpayment, it must also quantify and analyze the total number of households overpaying by tenure, including lower-income households. For additional information and sample analysis, see the Building Blocks at http:l/ www.hcd.ca.aov/community-developmentlhousino- element/housi na-ele ment-m euros. shtm l .
Housing Stock Condition: The element estimates over 200 units need rehabilitation (p. 2-8). However, the element should clarify the data sources utilized in arriving at the City's estimation. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable organizations. In addition, the element should include an estimate of the number of units in need of replacement. For additional information, see the Building Blocks at http://www.hcd.ca.aovlcommunity- deve lopment/build i na-blocks/hou si ng-needslhousi na-stock-characteri stics. shtm l .
Housing Costs: While the element identifies housing price trends and median home sales prices on page 2-10, it must also identify median rental prices to reflect current market conditions.
4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Regional Housing Need Allocation (RHNA): The element's identified RHNA, dated March 4, 2021 and prior to HCD approval, is incorrect (p. 2-21). This RHNA does not reflect changes made to the City's RHNA and approved on July 1, 2021. For additional information, see httos://scag.ca.aov/sites/main/files/file-attachments/6th-cycle-rhna- final-allocation-plan.pdf?1625161899.
City of Placentia's 6th Cycle Draft Housing Element Page 2 December 20, 2021
ATTACHMENT 1
Sites Inventory: The sites inventory lists the existing uses for nonvacant sites. However, these descriptions are generic (e.g., residential, industrial) and should be sufficiently detailed to facilitate an analysis that the use will likely discontinue in the planning period.
Realistic Caoacity: While the element provides assumptions of buildout for sites included in the inventory, it must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. In addition, the estimate must also account for land use controls such as allowing 100 percent nonresidential uses. To demonstrate the likelihood for residential development in nonresidential zones, the element could describe any performance standards mandating a specified portion of residential and any factors increasing the potential for residential development such as incentives for residential use, and residential development trends in the same nonresidential zoning districts.
Suitability of Nonvacant Sites: While the element identifies nonvacant sites to accommodate the regional housing need for lower-income households, it provides no methodology or description of their potential for redevelopment. The element must describe the methodology used to determine the additional development potential within the planning period. The methodology must consider factors including the extent to which existing uses may impede additional residential development, development trends, market conditions, any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, and regulatory or other incentives or standards to encourage additional residential development on these sites. (Gov. Code, § 65583.2, subd. (g).) In addition, the housing element appears to rely upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households. For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the regional housing need allocation.
Finally, if element utilizes sites with existing residential uses. Absent a replacement housing policy, these sites are not adequate sites to accommodate lower-income households. The replacement housing policy has the same requirements as set forth in Government Code section 65915, subdivision (c) (3).
Sites Identified in Prior Planning Periods: Sites identified in prior planning periods shall not be deemed adequate to accommodate the housing needs for lower-income households unless a program, meeting statutory requirements, requires rezoning within City of Placentia's 6th Cycle Draft Housing Element Page 3 December 20, 2021
ATTACHMENT 1
three years. The element should clarify if sites were identified in prior planning periods and if so, which sites and include a program if utilizing previously identified sites in the current planning period. For more information on program requirements, please see HCD's Housing Element Sites Inventory Guidebook at
httos://www. hcd.ca.gov/community-development/housing-element/housina-element- memos.shtml.
Availability of Infrastructure: The element describes the availability of water capacity but must also demonstrate sufficient existing or planned total sewer and dry utilities capacity to accommodate the RHNA.
For your information, water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower-income households. (Gov. Code, § 65589.7.) Local governments are required to immediately deliver the housing element to water and sewer service providers. HCD recommends including a cover memo describing the City housing element, including RHNA, see the Building Blocks at htto:// www.hcd.ca.aov/community- develo oment/b u ild i na-blocks/other-reaui reme nts/ori ority-for-wate r -sewer. shtm l .
Environmental Constraints: While the element generally describes a few environmental conditions within the City (pp. 3-17 to 3-20), it must also describe any known environmental constraints or other conditions on identified sites that could impact housing development in the planning period. In addition, the element notes consolidation or other factors may impact development on sites identified to accommodate housing for moderate and above moderate -income households and as a result, it should include analysis, adjustments and policies and programs to demonstrate the feasibility of these sites in the planning period.
Affirmatively Furthering Fair Housing: The element must demonstrate the sites inventory AFFH. For more information, see HCD's guidance at
httos://www. hcd. ca. aov/community-development/ho usi na-element/ho usina-element- memos.shtml.
Sites Map: The element does not address this requirement. The element must include a general map of identified sites. For additional information, see the sites inventory analysis section of the Building Blocks at htto:// www.hcd.ca.aovlcommunity- develooment/bu i I d i na-blocks/site-i nventory-a na Ivsis/i nvento ry-of-land-su ita ble. shtm l .
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD.
Please see HCD's housing element webpage at https://www.hcd.ca.aov/community- develooment/housing-element/index.shtml#element for a copy of the form and instructions. The City can reach out to HCD at sitesinventory ..hcd.ca.aov for technical assistance.
City of Placentia's 6th Cycle Draft Housing Element Page 4 December 20, 2021
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Accessory Dwelling Units (ADUI: The element projects 56 ADUs over the planning period or approximately seven ADUs per year over the eight-year planning period.
According to HCD records, 2 units were permitted in 2018, two were permitted in 2019, and five permitted in 2020. These trends do not support an assumption of seven ADUs per year. To support assumptions for ADUs in the planning period, the element should reconcile trends with HCD records, adjust assumptions as appropriate and include additional information such as more recent permitted units and inquiries, resources and incentives, other relevant factors and modify policies and programs as appropriate.
Zonino for a Variety of Housing Tvves: The element must demonstrate zoning to encourage and facilitate a variety of housing types, as follows:
• Emergency Shelters: The element must demonstrate the M (Manufacturing) zone still has sufficient capacity to accommodate the identified housing need for emergency shelters. For example, the element should identify acreage, typical parcels sizes, whether the sites are nonvacant, and the potential capacity for adaptive reuse. In addition, Municipal Code Section 23.47.130, subdivision (5) appears to constrain the development of emergency shelters by imposing spacing requirements of at least 300 feet from any residential use or residentially zoned property, public or private park, or school. The element should analyze spacing requirements for as potential constraints on emergency shelter and add a program as necessary. For additional information and a sample analysis, see the Building Blocks at htto:// www.hcd.ca.aov/community-develaomentlhousina- element/housina-element-memos/docs/sb2 memo050708.odf.
• Employee Housing: The Employee Housing Act (Health and Safety Code, § 17000 et seq.), specifically, sections 17021.5 and 17021.6. Section 17021.5 requires employee housing for six or fewer employees to be treated as a single- family structure and permitted in the same manner as other dwellings of the same type in the same zone. Section 17021.6 requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone. The element should demonstrate consistency with these requirements and include programs if necessary.
• Manufactured Housing: The element did not address this requirement. The element must demonstrate zoning permits manufactured housing in compliance with Government Code section 65852.3, similar to single family uses. • Permanent Supportive Housing: Supportive housing shall be a use by -right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651.
The element must demonstrate compliance with this requirement and include programs as appropriate.
• Accessory Dwelling Units: This housing type appears to be excluded from several residential zones, inconsistent with state law. The element should evaluate compliance with state ADU law and include programs as appropriate.
5. An analysis of potential and actual governmental constraints upon the maintenance, City of Placentia's 6th Cycle Draft Housing Element Page 5 December 20, 2021
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improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: The element must also analyze all relevant land use controls impacts as potential constraints on a variety of housing types (e.g., multifamily rental housing, mobilehomes, transitional housing). The analysis must also evaluate the cumulative impacts of land use controls on the cost and supply of housing, including the ability to achieve maximum densities and cost and supply of housing. Specifically, the analysis should address multifamily height and parking requirements, including requirements for garages and impacts on one-bedroom and studio units. In addition, the analysis should identify and analyze the standards for the Old Town (OT) and Transit Oriented Development (TOD) zones, including all subdistricts. The element should include programs to address and remove or mitigate identified constraints.
Development Plan Review (DPR): The element notes multifamily uses are subject to a DPR by the Planning Commission but should also analyze this process. The analysis should address typical number of hearings, approval findings and timing and evaluate impacts on housing cost, timing, supply and approval certainty.
Fees and Exactions: While the element includes a summary of total fees for typical single family and multifamily, it should also list and analyze planning fees (e.g., DPR, rezone, general plan amendment, variance, conditional use permit).
Housing for Persons with Disabilities: The element states the City has a reasonable accommodation procedure (p. 3-11), but it should also analyze the procedure for potential constraints. The analysis should address the process, application requirements and approval findings. In addition, the element indicates group homes for six or fewer persons are permitted in residential zones but should also address whether group homes for seven or more persons are permitted, how and where they permitted and include programs as appropriate. For additional information and a sample program and ordinance, see the Building Blocks at
http:l/ www.hcd.ca.aov/hod/housing element2/PRO mitigate.php., Codes and Enforcement: Although the element mentions it follows the California Building Code, it also indicates it processes local amendments to "further define requirements based on the unique local conditions" (p. 3-15). The element must describe the City's building and zoning code enforcement processes and procedures and identify and analyze any local amendments to the building code for impact as potential constraints on housing cost and supply. For additional information and a sample analysis, see the Building Blocks at htto:// www.hcd.ca.gov/communitV- development/buildina-blocks/constraints/codes-and-enforcement-on-offsite-. improvement-standards.shtml,.
City of Placentia's 6th Cycle Draft Housing Element Page 6 December 20, 2021
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Local Ordinances: The element must specifically analyze locally adopted ordinances such as inclusionary ordinances or short-term rental ordinances that directly impact the cost and supply of residential development. The analysis should demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters.
SB 35 Streamlined Ministerial Approval Process: The element must identify and analyze whether the City has written procedures to implement the SB 35 Streamlined Ministerial Approval Process and include a program if necessary.
Zoning, Development Standards and Fees: The element must clarify its compliance with new transparency requirements for posting all zoning, development standards and fees for each parcel on the jurisdictions' website and add a program to address these requirements if necessary.
6. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality's share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality's planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).) Identified Densities and Approval Times: The element did not address these requirements. The element must address requests to develop housing at densities below those anticipated in the sites inventory and the length of time between receiving approval for housing development and submittal of application for building permits. The analysis must address any hinderances on housing development and programs should be added as appropriate.
7. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
While the element quantifies several of the City's special needs populations, it must analyze the special housing needs of each of these groups. For a complete analysis of each population group, the element should discuss challenges faced by the population, the existing resources to meet those needs (availability of senior housing units, percent of Targe units, percent of deed restricted units, etc.,), an assessment of any gaps in resources and proposed policies, programs, and funding to help address those gaps.
City of Placentia's 6th Cycle Draft Housing Element Page 7 December 20, 2021
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In addition, the element indicates there are approximately 136 total jobs and 80 full-time year-round jobs in the agricultural industry within the City (p. 2-18); however, the analysis does not consider the regional context. Farmworkers from the broader area and those employed seasonally may have housing needs that are not currently reflected in the analysis. As a result, the element should at least acknowledge the housing needs of farmworkers at a county level (e.g. USDA county -level farmworker data) and include programs as appropriate.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov.
Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivisions (c) (1-6), and to facilitate implementation, several programs should be revised to include more discrete timing, rather than "ongoing" or in "process." Examples include actions under Programs 1.8 (Adequate Sites for Housing Development), 1.14 (Housing for Persons with Special Needs), 1.15 (Transit -Oriented Development), 3.1 (Community Based Neighborhood Rehabilitation), 3.3 (Placentia Rehabilitation Grant Program), 4.1 (Partnerships with the Housing Industry), and 4.2 (Participation in Continuum of Care Forum). In addition, many programs do not contain specific and clear commitments to complete a deliverable or action that will have a tangible and beneficial impact in the planning period and, as a result, should be revised. For example, actions under Programs 1.1 (Manufactured Housing and Mobile Homes), 1.2 (Locate Housing Near Transportation, Employment and Services), 1.3 (Pursue County, State, and Federal Housing Funds), and 1.15 (Transit -Oriented Development) commit to "preserve," "encourage," and "increase," which does not result in any tangible outcomes.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory -built housing, mobilehomes, housing for agricultural employees, supportive housing, single -room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
City of Placentia's 6th Cycle Draft Housing Element Page 8 December 20, 2021
ATTACHMENT 1
As noted in Finding B4, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
Shortfall of Sites: The element describes a shortfall of sites, particularly for the moderate and above moderate income RHNA, and indicates rezoning will occur to accommodate the RHNA. While the element includes Program 1.8 (Adequate Sites for Housing Development), it must specifically commit to acreage, allowable densities, and anticipated units. In addition, if necessary, to accommodate the housing needs of lower- income households, the program should specifically commit to rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i).
Sites Identified in Multiple Planning Periods: If identifying sites utilized in prior planning periods, the element must include a program for vacant sites identified in two of more consecutive planning periods' housing elements or nonvacant sites identified in a prior housing element, that are currently identified to accommodate housing for lower-income households. The program must be implemented within the first three years of the planning period and commit to zoning that will meet the density requirements for housing for lower-income households and allow by -right approval for housing developments that include 20 percent or more of its units affordable to lower-income households. (Gov. Code, § 65583.2, subd. (c).)
Replacement Provisions: The element should include a policy replacing units on sites with existing residential uses pursuant to Government Code section 65583.2, subdivision (g).
Program 1.5 (Infrastructure Provision): Because the element indicates that the City's future housing needs would place greater demands on its sewage infrastructure (pg. 3- 20), the program could identify additional funding sources, such as CDBG, (Bank, and USDA funds, to address infrastructure constraints and prioritize identified areas with infrastructure constraints for improvement. For a list of funding opportunities, see HCD's Financial Assistance Program Directory at http:llhcd.ca.aov/fafLG program directory pdf. Other resources include the California Financing Coordinating Committee (CFCC).
3. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate - income households. (Gov. Code, § 65583, subd. (c)(2).)
While the element incudes Programs 1.3 (Pursue Funding), 1.8 (Adequate Sites) and
1.14 (Housing for Persons with Special Needs), these programs should be revised with specific and proactive outreach efforts with developers of affordable housing on an annual basis.
City of Placentia's 6th Cycle Draft Housing Element Page 9 December 20, 2021
ATTACHMENT 1
4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B5 and B6, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding B1, the element must include a complete analysis of AFFH . Based on the outcome of that analysis, the element must add or modify programs. For more information, please see HCD's guidance at httcs:// www.hcd.ca.aov/community- deveioornentlaffh/index.shtm.
6. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).)
The element identifies the Imperial Villas project, with 58 units at -risk, of converting to market -rate uses in the planning period. Program 3.5 (Monitoring At -Risk Units) should be revised to comply with noticing requirements, provide education and assistance to tenants, assist with funding, and promptly reach out to qualified entities to preserve at - risk housing units.
7. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate -income households. For purposes of this paragraph, "accessory dwelling units" has the same meaning as "accessory dwelling unit" as defined in paragraph (4) of subdivision (i) of Section 65852.2. (Gov. Code, § 65583, subd. (c)(7).)
City of Placentia's 6th Cycle Draft Housing Element Page 10 December 20, 2021
ATTACHMENT 1
As indicated in Finding B4, the element may need to include a program to amend the City's ADU ordinance. In addition, programs must be expanded to include incentives to promote the creation and affordability of ADUs. Examples include exploring and pursuing funding, modifying development standards and reducing fees beyond state law, increasing awareness, pre -approved plans and homeowner/applicant assistance tools. Finally, given the City's assumptions for ADUs exceed recent trends, the element should include a program to monitor permitted ADUs and affordability every other year and take appropriate action such as adjusting assumptions or rezoning within a specified time period (e.g., 6 months).
D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd. (c)(8).) Although the element includes a general summary of the public participation process (p. 1- 4 and in Appendix A), HCD has received public comments from groups concerned that the City has not demonstrated diligent efforts were made to involve all economic segments of the community in the development of the housing element. The element should address public comments received, could describe the efforts to circulate the housing element among low- and moderate -income households and organizations that represent them and involve such groups and persons in the element throughout the process. In addition, the element should also summarize the public comments and describe how they were considered and incorporated into the element. For additional information, see the Building Blocks at htto:// www.hcd.ca.aov/community-deveiooment/buildina-} docks/aettiina- sta rted/public-oarti ci Dation . s htm 1.
In addition, it is unclear when the City made the element available to the public prior to submitting to HCD. The availability of the document to the public and opportunity for public comment prior to submittal to HCD is essential to the public process and HCD's review.
The City must proactively make future revisions available to the public, including any commenters, prior to submitting any revisions to HCD and diligently consider and address comments, including revising the document where appropriate. HCD's future review will consider the extent to which the revised element documents how the City solicited, considered, and addressed public comments in the element. The City's consideration of public comments must not be limited by HCD's findings in this review letter.
City of Placentia's 6th Cycle Draft Housing Element Page 11 December 20, 2021
ATTACHMENT 1
PLACENTIA
Rich Heritage, Bright Future
City of Placentia
2021 Housing Element Update
City Council
January 18, 2022
ATTACHMENT 2
PLACENTIA
Rich Heritage, Bright Future
Meeting Purpose
• Review status of the 2021-2029 Housing Element
• Discuss options for future housing sites
• Receive public comments
• Review Planning Commission recommendation
• No formal action to approve the Housing Element
or zoning changes at this time
ATTACHMENT 2
PLACENTIA
Rich Heritage, Bright Future
Housing Element Status
• Previous public meetings:
✓ June 8, 2021
✓ August 24, 2021
✓ September 14, 2021
✓ September 16, 2021
✓ September 21, 2021
✓ October 12, 2021
1 October 19, 2021
1 January 11, 2022
• October 21, 2021 - Draft Housing Element
submitted to HCD
• December 20, 2021 — HCD review letter
ATTACHMENT 2
PLACENTIA
Rich Heritage, Bright Future
RHNA allocation (2021-2029)
Income Category
Lower Moderate
Above
Moderate
Approved Projects (Table B-2) 187 774
Vacant Sites (Table B-3) - 496 69
Underutilized Sites (Table B-4) 1,255 257 384
ADUs 38 17 1
Total Capacity 1,480 770 1,228
RHNA 1,911 770 1,693
Surplus (Shortfall) (431) (465)
Source: City of Placentia, 2021
RHNA
ATTACHMENT 2
PLACENTIA
Rich Heritage, Bright Future
RHM4 Key Points
• Planning target, not a construction quota
• Sites inventory must accommodate the RHNA
• Lower-income need can be accommodated through:
✓ Multi -family residential zoning (30+ units/acre)
✓ Mixed-use or "overlay" zoning (30+ units/acre)
✓ Accessory dwelling units (ADUs)
• Listing a site in the Housing Element does not impose any development requirement on the property owner
• If sites inventory does not accommodate the RHNA,
rezoning is required
ATTACHMENT 2
PLACENTIA
Rich Heritage, Bright Future
Expansion of TOD Zone
Potential: 1,000-1,200 additional units in an expansion of the "TOD" Zone east of SR -57 7 Zoning
•
•
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C-1 (0)
C-1 (0-1)
C-2
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PUD -2
ATTACHMENT 2
6 PLACENTIA
Rich Heritage, Bright Future
Chapman Corridor Current Zoning
11W City of Placentia - Planning Map
Zoning
C
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C-1 (0-1)
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R -G
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ATTACHMENT 2
RPC (0';:
v
Chapman Corridor Potential Boundaries (varies)
PLACENTIA
Rich Heritage, Bright Future
ATTACHMENT 2
8 711
PLACENTIA
Rich Heritage, Bright Future
Chapman Corridor Potential Boundaries and Districts
Potential: 500-600 additional units in the "blue areas" Chapman
Corridor
Boundaries
Expansion Zones
Heig,it
Overlay
District
Transitional
Zones
Removed as
Expansion Zone
ATTACHMENT 2
9 4. Expansion of Higher Density Adjacent to Atwood Neighborhood PLACENTIA Potential: 100-200 additional units
Rich Heritage, Bright Future
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ATTACHMENT 2
10 PLACENTIA
Rich Heritage, Bright Future
Expansion of Higher Density Adjacent to Old Town Placentia Potential: 200-300 additional units in the "Old Town" Zone Ds
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ATTACHMENT 2
11 PLACENTIA
Rich Heritage, Bright Future
Nert Steps
• City Council review and direction to staff (tonight)
• Planning Commission public hearing
• City Council public hearing — adopt Housing Element
• HCD Review
• Program implementation & annual monitoring
• Additional public hearings & CEQA review prior to Code amendments & zone changes
ATTACHMENT 2
PLACENTIA
Rich Heritage, Bright Future
For more information:
https: / / placentia.orq /943 / 2021 -2029 -Housing -Element -Update Questions & comments?
DSD@jplacentia .orq
(714) 993-8124
ATTACHMENT 2
TO:
VIA:
FROM:
DATE:
Placentia Cit Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / SUPPORT AND EMERGENCY SERVICES JANUARY 18, 2022
SUBJECT: ANNUAL CITY COUNCIL APPOINTMENTS TO VARIOUS INTERGOVERNMENTAL
AGENCIES, ASSOCIATIONS, AND CITY SUBCOMMITTEES
FISCAL
IMPACT: NONE
SUMMARY:
City Council Members represent the City on various intergovernmental agencies, associations, and City subcommittees which consider and/or recommend policy and legislation that directly affects the City. These appointments are reviewed and modified annually following the reorganization of the City Council and/or swearing in of new Council Members. This action allows the City Council to make appointments to various intergovernmental agencies, associations, and subcommittees for calendar year 2022.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Review the attached list of current appointments to the various intergovernmental agencies, associations, and City subcommittees and make appointments as desired; and
2. Direct Staff to notify the various intergovernmental agencies, associations, and City subcommittees of the City Council appointments.
DISCUSSION:
Each year after City Council reorganization and/or swearing in of new Council Members, the Mayor and City Council must consider appointments to numerous intergovernmental agencies, associations, and City subcommittees. These agencies, associations, and subcommittees include, but are not limited to the following:
• League of California Cities Orange County Division
• Association of California Cities Orange County
• Orange County Sanitation District
• Santa Ana Flood Control Protection Agency
• Southern California Association of Governments
3. a.
Jan. 18, 2022
City Council Agenda
January 18, 2022
The Fair Political Practices Commission (FPPC) has modified its interpretation of the Political Reform Act ("Act") regarding financial interests to include income from governmental agencies.
Attached is a list of the current appointments to various agencies, associations, and subcommittees along with the stipend, if any. Staff recommends that the individual Council Member being considered for an appointment to a committee or board with a stipend, as either a delegate or alternate, abstain from the vote on such item.
Prepared by:
Karen O'Leary
Deputy City Clerk
eviewed and approved:
Damien tom. Arrula
City Administrator
Reviewed and approved:
/i)g,i,to 4, let extc.
Ros na Ramirez
Deputy City Administrator
Attachment:
Appointments to Various Agencies, Associations, and City Subcommittees 2022
Organization
City of Placentia
Appointments to Various Agencies, Associations, and City Subcommittees 2022
Meeting Schedule
Meeting Location
Delegate/Alternate
City Liaison
Association of California Cities -
OC
www.accoc.org
714-953-1300
c/o City of Dana Point
Schedule and
locations to be
announced
Various locations in Orange County
Green/Shader
Facilitator: Maria Perez
Administration
Citywide Fiber Optic and Smart
City Ad -Hoc (Est. 10/19/2021)
TBD
TBD
No Appointments
Luis Estevez
Public Works
Finance and Investment Committee Meetings are held
quarterly
Placentia City Hall
Shader/Wanke/Larson
(Mayor/Mayor Pro Term/ City
Treasurer)
Stephen Erlandson
Finance Department
Financial Audit Oversight
Subcommittee
Internal Committee Placentia City Hall
Green/Smith
Stephen Erlandson
Finance Department
Heritage Committee
2nd Wednesday of
each month at 7:00
p.m.
(except December)
Placentia City Hall
Yamaguchi/Smith
Veronica Ortiz
Community Services
Historic Preservation Ad -Hoc
(Est. 10/19/2021)
TBD
TBD
No Appointments
(Awaiting Staff Resolution)
Joe Lambert
Development Services
Housing, Community, and
Economic Development
Ad Hoc Committee & General Plan
Advisory Subcommittee
Internal Committee Placentia City Hall
Meets as needed
Wanke/Shader
Joe Lambert
Development Services
Organization Meeting Schedule Meeting Location Delegate/Alternate City Liaison/Dept.
League of California Cities
Orange County Division
www.occities.orq .
714-972-0077
2nd Thursday of each Various locations in Orange County month at 5:30 p.m.
Yamaguchi/Wanke
Facilitator: Maria Perez
Administration
League of California Cities
Orange County Div.- City Selection
Committee
www.occities.orq
714-972-0077
2nd Thursday of each
month at 5:30 p.m.
(as called)
Various locations in Orange County
Green/Wanke
Facilitator: Maria Perez
Administration
Old Town Parking Ad -Hoc
(Est. 4/20/2021)
Meetings called as
needed
Shader/Wanke
Joe Lambert
Development Services
Online Permit Ad -Hoc
(Est. 2/19/2021)
Meetings called as
needed
Shader/Yamaguchi
Joe Lambert
Development Services
Orange County Council of
Governments
www.occoa.com
949-698-2856
Monthly
Orange County Council of Governments
(OCCOG)
3972 Barranca Pkwy.
Irvine, CA 92606
Smith
Chosen as Alternate by
Brea's Marty Simonoff
Facilitator: Maria Perez
Administration
Orange County Sanitation District
www.ocsd.com
714-593-7130
*Stipend: $212.50 per mtg,
Maximum of 6 meetings per month
4th Wednesday of each OCSD Administrative Offices
month at 6:00 p.m. 10844 Ellis Ave.
Fountain Valley, 92708
Wanke/Smith
Facilitator: Maria Perez
Administration
Orange County Vector Control
District - Board of Trustees
www.ocvcd.orct
714-971-2421
*Stipend: $100 per month in lieu of travel
(no meeting, no pay)
3rd Thursday of each
month at 3:00 p.m.
OCVCD Office
13001 Garden Grove Blvd.
Garden Grove, 92843
Green
(2 -yr term expires
01/11/2023)
Facilitator: Maria Perez
Administration
Organization
Meeting Schedule
Meeting Location Delegate/Alternate City Liaison/Dept.
Placentia Community Foundation
Meetings called as Placentia City Hall
needed
Shader/Green/Larson
(Mayor/Councilmember/City
Treasurer)
Veronica Ortiz
Community Services
Placentia Disaster Council
Meets as needed
Placentia City Hall
Shader/Smith
Patrick Powers
Emergency & Health
Services Manager
Public Safety Facility Ad -Hoc
(Est. 10/20/2020)
Meetings called as
needed
Green/Smith
Luis Estevez
Public Works
Recreational Vehicle Parking Ad -
Hoc (Est. 7/6/2021)
Meetings called as
needed
Yamaguchi/Smith
Joe Lambert
Development Services
Santa Ana River Flood Protection
Agency
www.ocflood.com/sarp/sarfpa
714-647-3938
4th Thursday of odd -
numbered months
4:00 p.m.
Orange County Water District
18700 Ward Street
Fountain Valley, 92708
Yamaguchi/Shader
Facilitator: Maria Perez
Administration
Senior/Community Center Blue
Ribbon Committee
3rd Wednesday of
each month
6:30 p.m.
Front Community Meeting Room
Green/Smith
Karen Crocker
Community Services
Sewer Utility, Recycling and
Refuse Committee
Meetings called as Placentia City Hall
needed
Yamaguchi/Smith
Elsa Robinson
Public Works.
Southern California Association of
Governments
www.scaa.ca.aov
213-236-1800
*Stipend: $120 per mtg & mileage
reimbursement
1St Thursday of each
month
8:00 a.m. — 2:00 p.m.
(depending on the
particular committee)
818 W. 7th Street, 12th Floor
Los Angeles,90017
Smith/Shader
Facilitator: Maria Perez
Administration
Organization Meeting Schedule Meeting Location Delegate/Alternate City Liaison/Dept.
Southern California Association of
Governments — Annual General
Assembly Voting Delegates
www.scag.ca.gov
213-236-1800
May 5, 2022
Palm Desert, CA
JW Marriott Desert Springs Resort & Spa
74-885 Country Club Drive
Smith
1st Alt. Shader
2"d Alt. Yamaguchi
Facilitator: Maria Perez
Administration
Yorba Linda Water District/Golden
State Water Joint Water Services
Committee
www.vlwd.com
www.gswater.com
714-701-3000 714-528-1462
Called meeting
Alternates with Placentia City Hall, Yamaguchi/Shader
YLWD
1717 E. Miraloma Ave., Placentia 92870
and
Golden State Water
500 Cameron St., Placentia 92870
and City Admin. Arrula
Luis Estevez
Public Works