Agenda packet — Placentia City Council, March 1, 2022 (part 2 of 3)

EXHIBIT A

CITY OF PLACENTIA. CITYWIDE STORM DRAIN MASTER PLAN UPDATE

8. REQUIRED PROPOSAL STATEMENTS

1. Michael Baker will perform the services and adhere to the requirements described in this RFP, including Addendum #1 dated November 4, 2021.

2. Michael Baker understands that subsequent to award of this RFP, all or part of any submittal may be released to any person or firm who may request it, as prescribed by the State of California Public Records Act. No portion of this proposal is proprietary.

3. Michael Baker is committed to providing the most qualified individuals with experience and any staff substitute will be communicated and approved by the City.

4. Michael Baker declares there are no Conflicts of Interest in submitting this proposal.

5. Michael Baker declares there has been no Collusion with other firms in submitting this proposal.

6. Michael Baker has reviewed the sample contract, including the insurance and indemnification terms and can fulfil the requirements except as explained under Proposed Exceptions.

I Page 28

INTERNATIONAL

EXHIBIT A

CITY OFPLACENTIA ■ CITYWIDE STORM GRAIN MASTER PI AN UPDATE

9. EXCEPTIONS
Section 4.2 (Notice of Termination) - Because terms in the contract have been identified as being outside the control of the professional, and the standard of care must apply to this section as well, modification of the first sentence in paragraph two is requested to: "If the Consultant defaults in the performance of any of the material terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default, including for performance of services, to be within the Standard of Care.

Section 5.0 (Insurance) - We can meet the types and limits of insurance required, but wish to explain certain coverage elements not available as follows:

Section 5.1- Modification of the term "admitted" to "admitted or authorized" is requested. Surplus lines carriers such as Lloyds of London are not admitted in any US state, but are are authorized in each state to sell their lines of insurance.

Section 5.1 (d) - Modification of the first sentence is requested to change "combined single limits, per occurrence" to "per claim". Additionally removal of the second sentence is requested. Professional liability for the design professional firm comes only a a per claim basis and does not contain any contractual liability coverage. This is because the policy covers the policy -holder against negligence in the performance of professional services, regardless of the existence of a contract. Section 5.2 (b) - The opening paragraph requires certain wording be in the policy or provided by endorsement to the policy. Under Subparagraph (b), this wording is not available as policy wording or endorsement wording, as major carriers will provide advance notice only for cancellation, and not for reduction in coverage or changes in deductibles. We are willing to provide this notice as inferred by the word "Consultant", but this wording cannot be provided in an endorsement, or even on the certificate of insurance, as the broker cannot make a representation on behalf of the carrier regarding the professionals agreement to provide "immediate written notice" Please note that our carriers will provide a 30 -day advance notice in the event they cancel any policy. For this reason, it is requested that the end of Subparagraph (b) state" City acknowledges that this Section "(b)" cannot be provided in an endorsement from the carrier, nor is this policy -wording."
Section 6.8 (Indemnification and Hold Harmless) - We will be responsible for any errors on our part, but due to the insurance commercially available to the design professional firm, the addition of the following paragraph is requested to make the clause more insurable, which is in the best interests of both parties: ""Notwithstanding the foregoing or any other provision to the contrary, Consultant shall not be required to provide a defense to the City for claims of a professional nature as defined in Consultant's professional liability policy except that this shall not affect the Consultant's obligation to pay reasonable attorney's fees as part of Consultant's indemnity obligation to the City, nor shall it affect Consultant's duty to defend the City if such a defense is available under any of Consultant 's other insurance policies."
Addition of the following clause is requested to further address circumstances outside of the professional's control:

Section 6.27. Waiver of Consequential Damages. Neither party shall have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable." I Page 29
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EXHIBIT A

CITYOF PLACENTIA . CITYWIDE STORM DRAIN MASTER PLAN UPDATE

10. RESOURCE ALLOCATION AND COST PROPOSAL (Separate Envelope) Michael Baker

INTB RN AT I ANAL
I Page 30

EXHIBIT A

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EXHIBIT B

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Michael Baker International, Inc.

ATTACHMENT 1
Rev. 08/2017

en ALLIED
.4 WORLD

ALLIED WORLD SURPLUS LINES INSURANCE COMPANY
1690 New Britain Ave., Suite 101, Farmington, CT 06032 Tel. (860) 284-1300 Fax (860) 284-1301

ARCHITECTS & ENGINEERS

PROFESSIONAL LIABILITY POLICY
POLICY NUMBER:
0312-4806
RENEWAL OF:

NOTICES
0312-4806

THIS IS A CLAIMS MADE AND REPORTED POLICY WHICH APPLIES ONLY TO CLAIMS FIRST

MADE DURING THE POLICY PERIOD AND REPORTED IN WRITING TO THE COMPANY PURSUANT TO THE TERMS OF THE POLICY. THE LIMIT OF LIABILITY WILL BE REDUCED AND MAY BE EXHAUSTED BY THE PAYMENT OF BOTH DAMAGES AND DEFENSE EXPENSES.

PLEASE READ THE ENTIRE POLICY CAREFULLY AND DISCUSS THE COVERAGE HEREUNDER WITH YOUR INSURANCE BROKER.

DECLARATIONS
ITEM 1 FIRST NAMED INSURED: Michael Baker International, LLC and Affiliates ADDRESS:
500 Grant Street Suite 5400
Pittsburgh, PA 15219
ITEM 2. POLICY PERIOD: Inception Date: August 30, 2021 Expiration Date: August 30, 2022 (12:01 a.m. Standard Time at the address stated in Item 1) ITEM 3. LIMITS OF INSURANCE:

A. Each Claim Limit $15,000,000
B. Policy Term Aggregate Limit: $15,000,000
ITEM 4. DEDUCTIBLE: Each Claim See Endorsement No. 25
ITEM 5. PREMIUM:

A. Total Premium:

B. Minimum Earned Premium at Inception:

ITEM 6. RETROACTIVE DATE: May 1, 1940
ITEM 7. OPTIONAL EXTENDED REPORTING PERIOD:

See Endorsement No. 9
AE 00001 00 (03/16) Page 1 of 2

ITEM 8. ADDRESS OF INSURER FOR NOTICES UNDER THIS POLICY:

A. Claim -Related Notices:

ALLIED WORLD SURPLUS LINES INSURANCE COMPANY
(c/o Allied World Assurance Company)
ATTN: CLAIMS DEPARTMENT
1690 New Britain Avenue
Farmington, CT 06032
or
noticeofloss�7a,awac. com
B. All Other Notices:

ALLIED WORLD SURPLUS LINES INSURANCE COMPANY
(c/o Allied World Assurance Company)
1690 New Britain Avenue
Farmington, CT 06032
ITEM 9. ENDORSEMENTS: As Per Schedule
This Policy is comprised of the Declarations Page, the policy form, the Schedules, the Application and endorsements.

In Witness Whereof, the Insurer has caused this Policy to be executed and attested. This Policy shall not be valid unless countersigned by a duly authorized representative of the Insurer. 1(ati.4
President
AE 00001 00 (03/16) Page 2 of 2
Asst. Secretary
7 -1 -"`

AUTHORIZED REPRESENTATIVE

Policy No: 0312-4806
Name Insured: Michael Baker International, LLC and Affiliates Effective Date: August 30, 2021
12:01 A.M., Standard Time

SCHEDULE OF FORMS AND ENDORSEMENT
The following forms and endorsements are made a part of this Policy:

Endorsement
Form # / Edition
Title
Number
AE 00001 00 (03/16)
Architects and Engineers Professional Liability
Declarations
1 AE 00007 00 (06/14)
Deductible Gap Reimbursement
2 AE 00013 00 (06/14)
Reduced Deductible/Self-Insured Retention and
Indemnity Agreement
3 AE 00015 00 (06/14)
Professional Services Amendment
4 AE 00031 00 (09/14)
Amend Dishonest Acts Exclusion
5 AE 00032 00 (09/14)
Delete Exclusion
6 AE 00037 00 (01/21)
Covered Operations With Mold a€" Pollution
Coverage Endorsement; Separate Retroactive
Date
7 AE 00038 00 (06/19)
Privacy And Network Risk Coverage
Endorsement
8 AE 00039 00 (03/21)
Self -Insured Retention/Defense Provisions
Amendatory Endorsement
9 AE 00040 00 (10/15)
Amend Declarations; Extended Reporting Period
Options
10 AE 00056 00 (01/21)
Covered Operations - Pollution; Transportation
and Non -owned Disposal Site Coverage
11 AE 00045 00 (11/15)
Strategic Response Coverage
12 MB Manu A (07/2019)
Advice of Cancellation To Entities Other Than
the Named Insured Limited to E -Mail
Notification
13 MB Manu B (07/2019)
Amend Business Enterprise Exclusion
14 MB Manu C (07/2019)
Amend Definition of Insured
15 MB Manu D (07/2019)
Amend Definition of Predecessor in Interest
16 MB Manu E (07/2019)
Amend Faulty Workmanship Exclusion
17 MB Manu F (07/2019)
Amend Insured's Duties When There is a Claim

18 MB Manu G (07/2019)
Amend Other Insurance Clause
19 MB Manu H (08/2020)
Amend Products Exclusion
20 MB Manu I (07/2019)
Amend Subrogation Clause
21 MB Manu J (07/2019)
Broad Form Additional Insured Endorsement
22 MB Manu K (07/2019)
Delete Definition of Construction Manager;
Amend Definition of Professional Services
23 MB Manu L (07/2019)
Knowledge of a Claim or Circumstance
24 MB Manu M (07/2019)
Mitigation Expense Coverage Endorsement
25 MB Manu N (08/2020)
Add Retained Layer Self -Insured Retention
26 MB Manu O (08/2020)
Additional Notice of Cancellation (Amendment of
Cancellation Condition)
27 MB Manu P (08/2020)
Additional Insureds, for Wrongful Acts of
Insured
28 MB Manu Q (08/2020)
Mutual Selection of Defense Counsel
AE 00002 00 (03/16)
Architects and Engineers Professional Liability
Policy

o
Commercial Umbrella Liability Policy
Declarations
Insurance is provided by the company below.

American Guarantee and Liability Insurance Company
Policy Number: AUC 0532582-03
ZURICH
Renewal of Number: AUC 0532582-02

1. Named Insured: MICHAEL BAKER INTERNATIONAL, Producer: AON RISK SERVICES CENTRAL INC LLC

2. Mailing Address:

Email Address:

3. Policy Period:
500 GRANT ST
SUITE 5400
PITTSBURG, PA 15219
[email protected]
625 LIBERTY AVE FL 10
PITTSBURGH, PA 15222-3110
[email protected]
From: 08/30/2021 To: 08/30/2022
at 12:01 A.M. Standard Time at the address of the Named Insured.

4. Limits of Insurance:

5. Retained Limit:

A. $10,000,000
B. $10,000,000
C. $10,000,000
D. $250,000
$10,000

6. Policy Premium:

Advance Premium
Policy Minimum Earned Premium
Occurrence
Other Aggregate
Products/Completed Operations Aggregate
Casualty Business Crisis Aggregate Limit
Occurrence

7. Schedule of Underlying Insurance: See attached Schedule of Underlying Insurance

8. Endorsements Attached:

See attached Schedule of Forms and Endorsements
U-UMB-D-101-C CW (03/10)

Page 1 of 1 ends

Schedule of Forms and Endorsements
ZURICH®
Policy No.

Eff. Date of Pol.

Exp. Date of Pol.

Eff. Date of End.

Producer
Add'I Prem. Return Prem.

AUC 0532582-03
08/30/2021
08/30/2022
08/30/2021
15939000
________-_
Named Insured and Mailing Address:

MICHAEL BAKER INTERNATIONAL, LLC
500 GRANT ST
SUITE 5400
PITTSBURG, PA 15219
Producer:

AON RISK SERVICES CENTRAL INC
625 LIBERTY AVE FL 10
PITTSBURGH, PA 15222-3110
Form Name
Important Notice - In Witness Clause
Disclosure of Important Information Relating to Terrorism Risk Insurance Act
Commercial Umbrella Liability Policy Declarations
Schedule of Underlying Insurance
Extended Schedule of Underlying Insurance
Commercial Umbrella Liability Policy
Certified Act of Terrorism Retained Amount - Coverage B Aircraft Products/Grounding Exclusion
Care, Custody Or Control Exclusion
Contractors Limitation Endorsement With Consolidated
(Wrap -Up) Insurance Program Excluded
Cross Suits Exclusion
Employee Benefits Liability Follow Form
Lead Exclusion
Occupational Disease Exclusion
Personal and Advertising Injury Follow Form
Professional Liability Exclusion
Radioactive Matter Exclusion
Notice of Occurrence Endorsement
Form Number
U -GU -319-F CW
U -GU -630-E CW
U-UMB-D-101-C CW
U-UMB-105-A CW
U-UMB-106-A CW
U-UMB-103-C CW
U-UMB-406-D CW
U-UMB-111-B CW
U-UMB-129-B CW
U-UMB-134-D CW
U-UMB-141-A CW
U-UMB-167-B CW
U-UMB-193-A CW
U-UMB-210-B CW
U-UMB-217-A CW
U-UMB-228-D CW
U-UMB-236-B CW
U-UMB-384-B CW
Edition Date
(01/09)
(01/20)
(03/10)
(07/99)
(07/99)
(03/10)
(01/15)
(07/03)
(07/03)
(01/14)
(07/99)
(07/03)
(07/99)
(03/10)
(07/99)
(01/14)
(02/09)
(03/10)
U-UMB-104-A CW (07/99)

Page 1 of 2 ends

Fungus or Bacteria Exclusion
Designated Work Exclusion
Silica or Silica Mixed Dust Exclusion
Total Pollution Exclusion
Designated Operations Exclusion - Residential
Access Or Disclosure Of Confidential Or Personal
Information And Data -Related Liability Exclusion
Sanctions Exclusion Endorsement
Pennsylvania Cancellation and Nonrenewal
Exclusion -Recording And Distribution Of Material Or
Information In Violation Of Law
Umbrella Amendatory Endorsement
Cap on Losses From Certified Acts of Terrorism
U-UMB-385-C CW
U-UMB-424-A CW
U-UMB-488-A CW
U-UMB-524-B CW
U-UMB-616-A CW
U-UMB-920-A CW
U -GU -1191-A CW
U-UMB-319-B PA
U-UMB-525-F CW
U-UMB-906-A CW
U -GU -767-B CW
(07/19)
(07/03)
(06/04)
(03/10)
(04/08)
(01/15)
(03/15)
(04/10)
(01/14)
(01/14)
(01/15)
U-UMB-104-A CW (07/99)

Page 2 of 2 ends

TO:

VIA:

FROM:

DATE:

SUBJECT:

Placentia City Council

AGENDA REPOR

CITY COUNCIL

CITY ADMINISTRATOR

FIRE CHIEF
MARCH 1, 2022
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH DENNIS GRUBB AND ASSOCIATES, LLC. FOR FIRE PREVENTION/FIRE

MARSHAL SERVICES FOR PLACENTIA FIRE AND LIFE SAFETY

DEPARTMENT
FISCAL
IMPACT: $25,500 Department Contract Services (103065-6290) SUMMARY:

On June 4, 2019, the City Council voted to establish the Placentia Fire & Life Safety Department (PFLSD). As part of that decision, the City Council directed the City Administrator to take the necessary steps to implement the Department, which includes taking steps to ensure that buildings within city limits are regularly inspected for fire safety. On October 4, 2021, a Professional Services Agreement (PSA) was executed with Dennis Grubb and Associates, LLC (DGA) to provide the PFLSD with various fire prevention related services including, but not limited to, fire plan review, fire prevention inspections, and acting as the City's Fire Marshal.

The PSA with DGA includes a two-year contract term with the contract amount of $24,500 which was approved under the purview of the City Administrator's signature authority. DGA began fire prevention services in January 2022, and due to the backlog of inspections due in the city, as well as taking over other Fire preventative responsibilities, PFLSD needs to increase the compensation of the original contract with DGA — resulting in Amendment 1 (Attachment 1).

Given the new contract total is $50,000, which exceeds the City Administrator's cumulative authority, the proposed Amendment is being presented for City Council consideration.

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Approve Amendment No. 1 to the Professional Services Agreement with Dennis Grubb and Associates LLC. to increase the original compensation from $24,500 to $50,000; and

2. Authorize the City Administrator to execute the necessary documents, in a form approved by the City Attorney.

1. e.

Mar. 1, 2022

City Council Agenda
March 1, 2022

Page 2 ends

DISCUSSION:

Fire prevention services are an integral part of a full -service municipal fire department. The State of California determines that certain businesses require fire inspections as part of their ongoing operations. The PFLSD was not initially set up to independently begin these inspections or review fire plans without utilizing the services of an experienced consultant. When the initial contract was drafted, several fire prevention agencies were contacted to submit proposals, and ultimately Dennis Grubb and Associates was awarded a contract due to their pricing and record of excellent service within Orange County.

The aforementioned contract will fulfill a temporary role until such time as the PFLSD is able to hire an in-house Fire Marshal and Fire Prevention Specialist. Ultimately, the goal is to have DGA support in-house PFLSD staff on an "as needed" basis until such time as PFLSD can complete the backlogged inspections for the City.

To continue their support during this divisional stand up period, Staff recommends increasing the contract award by $25,500 to allow DGA to provide the needed fire inspection support services.

No other changes to the agreement are proposed, nor is the rate of compensation paid under the existing terms of the agreement.

FISCAL IMPACT:

The fiscal impact of the proposed contract amendment will be limited as the PFLSD will soon have an updated Fire Fee Schedule to recover inspection and permit fees. It is expected that the new City fee schedule will be presented to City Council in March 2022. Once adopted, the fire prevention services rates will recover the costs of in-house staff with support by DGA.

Prepared by:
n
J/i
Crystal Adams
Management Analyst
Reviewed and approved:

City Administrator
D'armieiR. Arrula
d approved:

Dobine
hief

City Council Agenda
March 1, 2022

Page 3 of 3 ends

Attachments:

1. Amendment No. 1 to Professional Services Agreement with Dennis Grubb and Associates

2. Dennis Grubb and Associates Agreement (Executed)

AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
WITH

DENNIS GRUBB AND ASSOCIATES, LLC
This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the day of February, 2022, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Dennis Grubb and Associaties, LLC, a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective October 26, 2021 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). Due to a large backlog of work to be completed, the Parties now seek to amend the Agreement to increase CONSULTANT'S compensation from $24,500.00 to $50,000.00. (iii). All legal prerequisites to the making of this Amendment have occurred.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

B. Amendment to Agreement.

1. Paragraph 2.1 of the Agreement is hereby amended to read as follows:

Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A".

Consultant's total compensation shall not exceed Fifty Thousand Dollars ($50,000.00).

2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.

3. The Agreement, all amendments together with this Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 1 and that such execution is binding upon the entity for which he or she is executing this document.

Page 1 of 2 ends

ATTACHMENT 1

IN WITNESS WHEREOF, the Parties have caused Amendment No. 1 to the Professional Services Agreement are to be executed as of the day and year first above written.

CONSULTANT CITY OF PLACENTIA
By: By:

Dennis Grubb, Consultant Damien R. Arrula, City Administrator ATTEST:

By:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

By:

Christian L. Bettenhausen, City Attorney

Page 2 of 2 ends

ATTACHMENT 1

Dennis Grubb and Associates, LLC
Assisting Cities Build Safe Communities
June 6, 2021
Placentia Fire Department
Attn: Chief Van Gieson
401 E. Chapman
Placentia, CA. 92870
Subject: Contract Adjustment
Dear Chief Van Gieson,
Dennis Grubb & Associates, LLC (DGA) is pleased to submit this proposal to provide professional Fire Plan Review and Inspection Services to Placentia Fire Department.

This proposal outlines all the elements that make DGA a high -quality solution to the Placentia Fire Department's needs, including our experienced personnel and our range of Fire Prevention services.

The following characteristics make Dennis Grubb & Associates, LLC uniquely qualified to service the Placentia Fire Department:
➢ Experienced plan review and inspections with specific technical skills in fire code application
➢ DGA specializes exclusively in fire life safety plan review and inspections ➢ Training experience for both the public and private sectors ➢ Electronic plan review capability utilizing Bluebeam software ➢ We are a local firm whose associates are well -versed in local, regional and state policies and practices
➢ Associates possess core business skills including strong verbal & written communication skills, professionalism & teamwork, proficiency in MS Office, Outlook, Windows and a variety of fire prevention software packages ➢ Competitive fees
➢ Excellent references (upon request)
6560 Van Buren Blvd, Ste B, Riverside, CA. 92503
(800) 975-7395 * (951)772-0007
ATTACHMENT 2

DGA Qualifications
Our associates each have over 20+ years of direct fire plan review and inspection experience working directly with Public Fire Agencies
DGA possess the certifications and qualifications required and are highly experienced in the use and content of all California Building Standards Codes (DGA resumes can be provided upon request)
All associates are proficient in:
• Fire Sprinklers
• Fire Alarm and Monitoring Systems
• Underground Water Supply
• Fire Pumps
• Special, clean agent system
• Commercial Cooking fire protection
• High Piled Storage
• Above arid Below Ground Tank Storage
• Refueling Station
• Hazardous Material
• Combustible Dust
• Battery Systems
• Compressed Gas Systems (Medical, Industrial)
o Chemical Classification
• Fire service related architectural requirements
Scope of Work
• Pick up and drop off plans at Placentia Fire Department or use a courier/mail service (at the expense of DGA) within the stated turnaround time. • Verify plan compliance with adopted state & local codes/ordinances including updates
• Communicate corrections with applicant and Placentia Fire Department as directed • Stamp plans in a manner as directed by the Placentia Fire Department. • Be available for phone calls or in -person meetings with Placentia Fire Department as needed
• Assist with adopting and administering the Fire Code as needed. • Conducting fire life safety inspections of new construction and limited annual inspections for complex facilities.
o Inspections for public firework display inspections.
o Responding to public Fire Code inquires.
• Plan review to ensure compliance with all applicable codes. • Provide input to the Planning Department for new development and provide project specific conditions as applicable.
6560 Van Buren Blvd, Ste B, Riverside, CA. 92503
(800) 975-7395 * (951)772-0007
ATTACHMENT 2

✓ Review and provide response to Fire Code alternate means & methods/practical difficulty requests after consultation with the Fire Chief. • Provide engine company training in Fire Code/Standards related inspections. • Provide guidance documents and standards to assist residents/businesses with understanding Fire Code requirements.
• Other duties as needed and agreed to between DGA and the Placentia Fire Department.

To fulfill the scope of work, DGA will provide the Placentia Fire Department a Senior Fire Inspector one day a week for 8 hours. DGA will coordinate with Placentia Fire Department the date and time of all inspections. In the event the new construction inspection workload exceeds the capacity of the single inspector, DGA will provide an additional inspector as the DGAts schedule and workload allows.

Plan Turnaround Plan Review Times:
• Initial review — 10 city business days from time of receipt • Resubmittals — 7 city business days from time of receipt Fees:

Plan Review
DGA fees are based on a flat fee. The fee is for the first and second plan check and includes the plan review, administrative work, and shipping. If additional review/s are required there is a flat fee per submittal (outlined below):

FD Access $370
Alarm System $330
Sprinkler System — TI
Sprinkler — TI with calculations
Sprinkler System — New
Additional Riser/Floor Control in Same Building
Underground
Fire Pump
Standpipe System
Engineered System (H&D, Clean Agent, etc) per System
$295
$350
$490
$170
$475
$530
$250
$270
Special System/ Process (HPS, AST, UST, Spray Booth etc.) ea $380 Hazardous Material Disclosure $840
Architectural- TI $375
Architectural- New $580
Architectural — New > 4 -story or R -1/R-2 with more than 50 units $710 6560 Van Buren Blvd, Ste B, Riverside, CA. 92503
(800) 975-7395 * (951)772-0007
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Development Review (CUP, Tract Map, Etc.)
Revision
Additional Reviews (Past 2nd
Expedite Plan Check (per submittal)
Time & Material (Hourly Rate)
Inspections
$370
$220
$220
$200
$120
Field Inspection/Training/Site Visits are charged at $100 per hour, with a one -hour minimum + .5 Hr per day for travel which covers cost of mileage). Early or after hours or weekend inspections will be charged a minimum of four-hour minimum + .5 hr for travel.

Inspection Scheduling' (Option)
DGA offers an option for new construction inspection scheduling at $30 per day I look forward to working with Placentia Fire Department. Should you have any questions or need additional information you can contact me directly at (951) 215-5452.

Sincerely,
Dennis J. Grubb, CFPE
President
6560 Van Buren Blvd, Ste B, Riverside, CA. 92503
(800) 975-7395 * (951)772-0007
ATTACHMENT 2

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH

DENNIS GRUBB AND ASSOCIATES, LLC
THIS AGREEMENT is made and entered into this 26th day of October, 2021 (Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Dennis Grubb and Associates, LLC, a California corporation ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide fire plan check, inspection, and prevention services related to fire and life safety, as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
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, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scone of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal Taws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

1.3. performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:

ATTACHMENT 2

(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
2 Dennis Grubb and ,Associates, LLC
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1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Twenty -Four Thousand Five Hundred Dollars ($24,500.00).

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. ft is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice_ Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The 3 Dennis Grubb and Associates, LLC
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ATTACHMENT 2

Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 24 months, ending on October 26, 2023, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of jell or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

The Consultant reserves and has the right of canceling this Agreement for any reason. The Consultant shall provide a written notification to the City a minimum of 30 calendar days prior to the termination this agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for 4 Dennis Grubb and Associates, LLC

ATTAC KA PY

reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE
5,1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a)
Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. 5 Dennis Grubb and Associates. LLC
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Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.

The Consultant shall also comply with Section 3&)0 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.

The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.

If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to 6 Dennis Grubb and Associates, LLC
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immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shah be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.

5.4. Certificates of Insurance. Consultant 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 hereto as Exhibit "B" and incorporated herein by this reference.

5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. 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.

6.2. 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,
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
7 Dennis Grubb and Associates, LLC
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6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a seated envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Dennis Grubb and Associates,
LLC
6560 Van Buren Blvd., Ste. B
Riverside, CA 92503
TeI: (951) 772-0007
Attn: Dennis Grubb
City of Placentia
401 E. Chapman
Placentia, CA 92870
TeI: (714) 993-8135
Fax: (714)961-0283
Attn: Fire Chief

6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant 8 Dennis Grubb and Associates, LLC
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hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant 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. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant 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, Consultant 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 9 Dennis Grubb and Associates, LLC
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any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but snail be made available to the City within ten (10) days of request or within ten (1 0) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.

Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.

6.13. Public Records Act Disclosure. Consultant 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 Consultant, 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 Consultant 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.

6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant'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, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this 10 Dennis Grubb and Associates, LLC
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Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant 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.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. 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, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.

6.18. 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.

6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant 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.

6.20. 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.

6.21. 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.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of arty provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of 11 Dennis Grubb and Associates, LLC
Rev. 08/2017
ATTACHMENT 2

competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. 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.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF PLACENTIA,
A municipal corporation
Danlr n -Arm' it yC dminisir r
ATTEST:
(MIL OgrEall
Cify Clerk and ex -officio Clerk
of the City of Placentia
12 Date: ►2 i 2rt
Date:
-21//2/
Dennis Grubb and Associates, LLC
Rev. 08/2017
ATTACHMENT 2

CONSULTANT
Dennis J. Grubb, Owner
Name and Title
20-8680376
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
(-)A_„ c ----
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:

R canna Ramirez, Risk M gem
OVED AS TO CONTENT:
°bin=, Acting Fire Chief
13 Date: 10/26/21
Date:

Date:

Date:
it / 9-/a
"/8/1.94
io z4- • cso
Dennis Grubb and Associates, LLC
Rev. 08/2017
ATTACHMENT 2

EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK
14 ❑enrtis Grubb and Associates, LLC
Rev. 08/2017
ATTACHMENT 2

This proposal outlines all the elements that make DGA a high -quality solution to the Placentia Fire Department's needs, including our experienced personnel and our range of Fire Prevention services.

The following characteristics make Dennis Grubb & Associates, LLC uniquely qualified to service the Placentia Fire Department:
> Experienced plan review and inspections with specific technical skills in fire code application
> DGA specializes exclusively in fire life safety plan review and inspections ➢ Training experience for both the public and private sectors > Electronic plan review capability utilizing Bluebeam software > We are a local firm whose associates are well -versed in local, regional and state policies and practices
> Associates possess core business skills including strong verbal & written communication skills, professionalism & teamwork, proficiency in MS Office, Outlook, Windows and a variety of fire prevention software packages ➢ Competitive fees
> Excellent references (upon request)
6560 Van Buren Blvd, Ste B, Riverside, CA. 92503
(800) 975-7395 * (951)772-0007
ATTACHMENT 2

DGA Qualifications
Our associates each have over 20+ years of direct fire plan review and inspection experience working directly with Public Fire Agencies
DGA possess the certifications and qualifications required and are highly experienced in the use and content of all California Building Standards Codes (DGA resumes can be provided upon request)
All associates are proficient in
• Fire Sprinklers
• Fire Alarm and Monitoring Systems
• Underground Water Supply
• Fire Pumps
Special, clean agent system
• Commercial Cooking fire protection
• High Piled Storage
• Above and Below Ground Tank Storage
• Refueling Station
• Hazardous Material
• Combustible Dust
• Battery Systems
• Compressed Gas Systems (Medical, Industrial)
• Chemical Classification
• Fire service related architectural requirements
Scope of Work
Pick up and drop off plans at Placentia Fire Department or use a courier/mail service (at the expense of DGA) within the stated turnaround time. • Verify plan compliance with adopted state & local codes/ordinances including updates
• Communicate corrections with applicant and Placentia Fire Department as directed • Stamp plans in a manner as directed by the Placentia Fire Department. o Be available for phone calls or in -person meetings with Placentia Fire Department as needed
• Assist with adopting and administering the Fire Code as needed. • Conducting fire life safety inspections of new construction and limited annual inspections for complex facilities.
• Inspections for public firework display inspections.
o Responding to public Fire Code inquires.
• Plan review to ensure compliance with all applicable codes. • Provide input to the Planning Department for new development and provide project specific conditions as applicable.
6560 Van Buren Blvd, Ste B, Riverside, CA. 92503
(800) 975-7395 * (951)772-0007
ATTACHMENT 2

• Review and provide response to Fire Code alternate means & methods/practical difficulty requests after consultation with the Fire Chief. • Provide engine company training in Fire Code/Standards related inspections. • Provide guidance documents and standards to assist residents/businesses with understanding Fire Code requirements.
• Other duties as needed and agreed to between DGA and the Placentia Fire Department.

Plan Turnaround Plan Review Times:
• Initial review — 10 city business days from time of receipt • Resubmittals — 7 city business days from time of receipt Fees:

Development Review (CUP, Tract Map, Etc.)
Revision
Additional Reviews (Past 2"d
Expedite Plan Check (per submittal)
Time & Material (Hourly Rate)
Inspections
$370
$220
$220
$200
$120
Field Inspection/Training/Site Visits are charged at $100 per hour, with a one -hour minimum + .5 Hr per day for travel which covers cost of mileage). Early or after hours or weekend inspections will be charged a minimum of four-hour minimum + .5 hr for travel.

Inspection Scheduling (Option)
DGA offers an option for new construction inspection scheduling at $30 per day I Zook forward to working with Placentia Fire Department. Should you have any questions or need additional information you can contact me directly at (951) 21b -54t 2, Sincerely,
Dennis J. Grubb, CFPE
President
6560 Van Buren Blvd, Ste B, Riverside, CA. 92503
(800) 975-7395 * (951)772-0007
ATTACHMENT 2

EXHIBIT B

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 Dennis Grubb and Associates, LLC
Rev. 08/2017
ATTACHMENT 2

AC RLt
CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DomYV)
09/30/2021
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(fes) 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 a .

PRODUCER

INSURED

LOU GRANDE
P.O. BOX 147
NORCO, CA 92860

DENNIS J GRUBB
4680 MILLBROOK AVE
RIVERSIDE, CA 92509
COMA T }CARRIE MANRIQUEZ
N��' PHONE 951-737-2682
tAlC..HE. EAU:

EMAIL [email protected]

INSURER'S' AFFORDING COVERAGE
INSURER A : State Farm Mutual Automobile Insurance Company INSURER Sc
INSURER C :

INSURER D :

INSURER

INSURER F
FAX
pvc,No)' 951-736-1875
NAIC
25178
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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 ADDL SUER POLICY SEE POLICY EXP
__ TYPE OP INSURANCE IUD ]W VD POLICY NUMBER JMMIEIDIYYYYI LMMIDOIYYYY) I LIMITS

COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE I. OCCUR
GENT. AGGREGATE LIMIT APPLIES PER:

PRO-
_ POLICY!--- JFCr LOC
OTHER

EACH OCCURRENCE
DAVADETISati TEO
$
ht OS.IF..s_4S dnCel
MED EXP (Any ono Perron)

PERSONAL & ADV INJURY
I

GENERAL AGGREGATE
PRODUCTS • COSIP1oPAGG
$
s

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY
x

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
4399936 -F08 -75B
06/08/2021
06/08/2022
COMBINED SINGLE LIMIT $ 1,000,000
fE $ ar.ddspet _
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
I pER pltl4}AtE

UMBRELLA LIAB

EXCESS LIAB

DEO J TRETENTIONS
OCCUR

CLAIMS -MADE

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETORIPARTNER/EXECUTIVE
AEFICERIMEMDER EXCLUDED?
(Mandatory In NHJ
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
NIA

EACH OCCURRENCE

AGGREGATE
S _
$
S
STATLITf 1AR•

EL EACH ACCIDENT S
E.L DISEASE - EA EMPLOYEE=

EL DISEASE - POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached M more apace Is required) The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to:
automobiles owned, leased, hired, or borrowed by the Consultant.

CERTIFICATE HOLDER CANCELLATION

PLACENTIA FIRE AND LIFE SAFETY DEPARTMENT

CITY OF PLACENTIA
401 E. CHAPMAN AVE
PLACENTIA, CA 92870

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
© 1988-2016 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ATTACH n1'i3Ts.13 04-22-2020

ACaRtf CERTIFICATE OF LIABILITY INSURANCE
`------

DATE(MMIDD/YYYY)
9/30/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certflcate holder is an ADDIT]ONAL INSURED, the poilcylles) 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 certificato does not confer rights to the certificate holder In lieu of such endarsement(a).

PRODUCER

WILLHITE INSURANCE AGENCY, INC
6117 BROCKTON AVENUE, STE 206
RIVERSIDE, CA 92506
CA 1.c. JOHN WILLHITE
PIIbNH 951-682-8297 951-682-7297
No.EM1: Ii ,pq1:

Avoliess: [email protected]
INSURERS} AFFORDING COVERAGE
NAM ill
INSURER A: THE HARTFORD INSURANCE COMPANY

INSURED

DENNIS GRUBB AND ASSOCIATES
6560 VAN BUREN BLVD. STE. B
RIVERSIDE, CA 92503
INSURER a: SEQUOIA INSURANCE COMPANY
INSURER C: LLOYDS OF LONDON INSURANCE CO
INSURERD:

INSURERE:
_
INSURER F :

CERTIFICATE NUMBER:
•
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. elsR
UM

TYPE OF INSURANCE
AemL
INSD
SUER
WV0

POLICY NUMBER
p8 DCY &F
a hIOQIYYYY!
Peucy R1AP
IMMIODmrn
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
if
83SBANX2247
01/13/2021
01/13/2022

EACH OCCURRENCE
s 2,000,000

CLAIMS -MADE X OCCUR
RREM 5"—"

1 SO 00,000
Wtrutn 1
MED EXP (Any one person)
S 10,000

PERSONAL B,ADVINJURY
$ 1,000,000
G!NL AGGREGATE UNIT APPLIES PER:

GENERAL AGGREGATE
S 4,000,000
XiPOLICY
MI
JJE
LOC

PRODUCTS-COMP/OP AGO
$ 2.000,000
or1SME
a

AUTOMOBILE LIABILITY

COMBINED EINGLEUMIT
$
•

ANY AUTO
BODILY INJURY (Per parson)
$
OWNED

AUTOS ONLY

SCHEDULED
AUT03

BODILY INJURY )
(Per accident
$
—_
HIRED

AUTOS ONLY

NON -OWNED

AUTOS ONLY
PROM RtVOAAVCE
(powar�yjYnl)
$
1 S
~

UMBRELLA LIAR
—
OCCUR

EACH OCCURRENCE
S

EXCESS LIAB

CLAIMS -MADE

AGGREGATE
S

I DED RETENTIONS
$
B

WORKERS

SAND COMP NATION
QWC1148262
04/0112021Q4/01/21322 TE
07-
0RH
YIN

ANYPROFRIETORIPARTNER/EXECUTIVE
OFFICERIMEMBEREXCLUDED?
N I A
I
E.L. EACH ACCIDENT
$ 1,000,000
(Mandatory In NH)
If daecnbo
E.L. DISEASE- EA EMPLOYEE
$ 1,000,000
yet under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
C

PROFESSIONAL LIABILITY
Y
PSJ0028842707
03/1712021
03/1712022

OCCURRENCE

AGGREGATE
1,000,000
1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, AddlUonal Remark° Schedule, may be attached If more space Is required)

THE CITY OF PLACENTIA AND ITS ELECTED AND APPOINTED BOARDS, OFFICERS, OFFICIALS, AGENTS, EMPLOYEES, AND VOLUNTEERS ARE ADDITIONAL INSUREDS WITH RESPECTS TO: UABILITY ARISING OUT OF ACTIVITIES PERFORMED BY OR ON BEHALF OF THE CONSULTANT PURSUANT TO ITS CONTRACT WITH THE CITY; PRODUCTS AND COMPLETED OPERATIONS OF THE CONSULTANT; PREMISES OWNED, OCCUPIED OR USED BY THE CONSULTANT; AUTOMOBILES OWNED, LEASED, HIRED, OR BORROWED BY THE CONSULTANT.

F TE }TOLD

CANCELLATION

CITY OF PLACENTIA
401 E. CHAPMAN AVE
PLACENTIA, CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

JOHN WILLHITE
Q 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ATTACHMENT 2

•cfc
Policy certificate
Insurance effected through the Coverholder:

CFC Underwriting Limited
85 Gracechurch Street
London EC3V 0AA
United Kingdom
PLEASE NOTE -This notice contains important information. PLEASE READ CAREFULLY.

This Certificate is issued by the Coverholder in accordance with the authorization granted to the Coverholder under the Binding Authority Agreement with the Unique Market Reference stated within this Policy. This Policy comprises a Certificate, the Declarations page, Wording and all other provisions and conditions attached and any endorsements issued.

The liability of an insurer under this contract is several and not joint with other insurers party to this contract. An insurer is liable only for the proportion of liability it has underwritten. An insurer is not jointly liable for the proportion of liability underwritten by any other insurer. Nor is an insurer otherwise responsible for any liability of any other insurer that may underwrite this contract.

The proportion of liability under this contract underwritten by an insurer (or, in the case of a Lloyd's syndicate, the total of the proportions underwritten by all the members of the syndicate taken together) is shown in this Policy.

In the case of a Lloyd's syndicate, each member of the syndicate (rather than the syndicate itself) is an insurer. Each member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the proportions underwritten by all the members of the syndicate taken together). The liability of each member of the syndicate is several and not joint with other members. A member is liable only for that member's proportion. A member is not jointly liable for any other member's proportion. Nor is any member otherwise responsible for any liability of any other insurer that may underwrite this contract. The business address of each member is Lloyd's, One Lime Street, London EC3M 7HA. The identity of each member of a Lloyd's syndicate and their respective proportion may be obtained by writing to Market Services, Lloyd's, at the above address.

Although reference is made at various points in this clause to "this contract" in the singular, where the circumstances so require this should be read as a reference to contracts in the plural.

In Witness whereof this Certificate has been signed by:

Authorized Official
Please examine this document carefully. If it does not meet your needs, please contact your broker immediately. In all communications the policy number appearing overleaf should be quoted.

ATTACHMENT 2

•cfc

NO FLAT CANCELLATION

DECLARATIONS
POLICY NUMBER:

UNIQUE MARKET REFERENCES:

THE INSURED:

ADDRESS:

THE UNDERWRITERS:

THE INCEPTION DATE:

THE EXPIRY DATE:

TOTAL PAYABLE:

Broken down as follows:

Premium:

Policy Administration Fee:

BUSINESS ACTIVITIES:

CHOICE OF LAW:

SERVICE OF SUIT:

LEGAL ACTION:

TERRITORIAL SCOPE:

US CLASSIFICATION:

SURPLUS LINES BROKER:

RETROACTIVE DATE(S):

Professional Liability.

General Liability:

OPTIONAL EXTENDED
REPORTING PERIOD:

CLAIMS MANAGER:

WORDING:

ENDORSEMENTS:

PSJ0028842707
B087520C9N5051
B087520C9N5053
Dennis Grubb and Associates
6560 Van Buren Boulevard, #B
Riverside, CA 92503
US
Underwritten by certain underwriters at Lloyd's and other insurers
00:01 Local Standard Time on 17 Mar 2021
00:01 Local Standard Time on 17 Mar 2022
U S D4,373.00
USD4,023.00
U S D350.00
Fire and Compliance Code Consulting Services
California
Foley & Lardner LLP
555 California Street, Suite 1700
San Francisco, CA 94104-1520
Worldwide
Worldwide
Surplus Lines
Licence No. : 0705050
2002 E McFadden Ave, Suite 100
Santa Ana
92705
17 Mar 2021
Premium $4,023.00
Carrier -fee $ 350.00
Broker -fee $ 250.00
Stamp Fee $ 10.93
State Tax $ 131.19
Total $4,765.12
17 Mar 2021, in respect of INSURING CLAUSE 3 (SECTION F only)
12 months for 100% of applicable annualized premium
CFC Underwriting Limited
Please report all new claims to:
newclaims(c cfcynderwritinq.corr}
Professions (US) v3.1
Complaints Notice (USA)
U.S. Terrorism Risk Insurance Act of 2002 As Amended
Not Purchased Clause
ATTACHMENT 2

•cfc

DECLARATIONS
INSURING CLAUSE 1: PROFESSIONAL LIABILITY

ALL SECTIONS COMBINED
Aggregate limit of liability: USD1,000,000
SECTION A: ERRORS AND OMISSIONS
Limit of liability: USD1,000,000
Deductible: USD2,500
SECTION B: BREACH OF CONTRACT
Limit of liability: USD1,000,000
Deductible:

USD2,500
in the aggregate
each and every claim, including costs
and expenses
each and every claim, including costs
and expenses
each and every
and expenses
each and every
and expenses
SECTION C: SUB -CONTRACTOR VICARIOUS LIABILITY
Limit of liability:

USD1,000,000
claim, including costs
claim, including costs
each and every claim, including costs
and expenses
Deductible: USD2,500 each and every claim, including costs and expenses
SECTION D: CONTINGENT BODILY INJURY AND PROPERTY DAMAGE LIABILITY Limit of liability:

Deductible:

USD1,000,000
USD2,500
each and every claim, including costs
and expenses
each and every claim, including costs
and expenses
SECTION E: INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
Limit of liability: USD1,000,000
Deductible: USD2,500
SECTION F: POLLUTION LIABILITY
Limit of liability: USD1,000,000
Deductible: USD2,500
SECTION G: REGULATORY COSTS AND FINES
Limit of liability: USD1,000,000
Deductible: USD2,500
each and every
and expenses
each and every
and expenses
each and every
and expenses
each and every
and expenses
each and every
and expenses
each and every
and expenses
claim, including costs
claim, including costs
claim, including costs
claim, including costs
claim, including costs
claim, including costs
ATTACHMENT 2

•cfc
SECTION H: DISHONESTY OF EMPLOYEES
Limit of liability: USD1,000,000
Deductible: USD2,500
SECTION I: PAYMENT OF WITHHELD FEES
Limit of liability: USD1,000,000
Deductible: USD2,500
INSURING CLAUSE 2: CYBER AND PRIVACY

NO COVER GIVEN
each and every claim, including costs
and expenses
each and every claim, including costs
and expenses
each and every claim, including costs
and expenses
each and every claim, including costs
and expenses
INSURING CLAUSE 3: COMMERCIAL GENERAL LIABILITY

ALL SECTIONS COMBINED
Aggregate limit of liability: USD2,000,000
in the aggregate
SECTION A: BODILY INJURY AND PROPERTY DAMAGE LIABILITY
Limit of liability: USD1,000,000
Deductible: USD1,000
SECTION B: PERSONAL AND ADVERTISING INJURY
Limit of liability: USD1,000,000
Deductible: USD1,000
each and every claim, including costs
and expenses
each and every claim, including costs
and expenses
each and every claim, including costs
and expenses
each and every claim, including costs
and expenses
SECTION C: PRODUCTS AND COMPLETED OPERATIONS LIABILITY
Aggregate limit of liability: USD1,000,000
Deductible: USD1,000
SECTION D: TENANTS' LEGAL LIABILITY
Aggregate limit of liability: USD250,000
Deductible: USD1,000
in the aggregate, including costs and
expenses
each and every claim, including costs
and expenses
in the aggregate, including costs and
expenses
each and every claim, including costs
and expenses
ATTACHMENT 2

SECTION G: NON -OWNED AND HIRED AUTOMOBILE LIABILITY
Limit of liability: USD1,OOO,OOO each and every claim, including costs and expenses
each and every claim, including costs
and expenses
SECTION H: LIABILITY FOR DAMAGE TO HIRED OR LEASED AUTOMOBILES Limit of liability: USD5O,OOO each and every claim, including costs and expenses
Deductible: USD2,5OO
INSURING CLAUSE 4: COMMERCIAL PROPERTY

NO COVER GIVEN
INSURING CLAUSE 5: BUSINESS INTERRUPTION

NO COVER GIVEN
INSURING CLAUSE 6: LOSS MITIGATION
Aggregate limit of liability: USD1,OOO,OOO
Deductible: USDO
each and every claim, including costs
and expenses
in the aggregate, including costs and
expenses
each and every claim, including costs
and expenses
INSURING CLAUSE 7: COURT ATTENDANCE COSTS
Aggregate limit of liability: USD1OO,OOO in the aggregate, including costs and expenses
each and every claim, including costs
and expenses
INSURING CLAUSE 8: REPUTATION AND BRAND PROTECTION
Deductible: USDO
*;cfc
SECTION E: MEDICAL EXPENSES
Limit of liability: USD5,OOO
Deductible:
each and every claim
USDO each and every claim
SECTION F: EMPLOYEE BENEFITS LIABILITY
Aggregate limit of liability: USD1,OOO,OOO
Deductible: USD1,OOO
in the aggregate, including costs and
expenses
each and every claim, including costs
and expenses
Deductible: USD2,5OO
Aggregate limit of liability: USD1OO,OOO
Deductible: USDO
in the aggregate, including costs and
expenses
each and every claim, including costs
and expenses
ATTACHMENT 2

� cfc

OUR REGULATORY STATUS
CFC Underwriting Limited is authorised and regulated by the United Kingdom Financial Conduct Authority (FCA). CFC Underwriting Limited's Firm Reference Number at the FCA is 312848. These details may be checked by visiting the Financial Conduct Authority website at https://register.fca.org.uk/ . Alternatively, the Financial Conduct Authority may be contacted on +44 (0)20 70661000.

We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations to you in respect of insurance policies that we have underwritten on behalf of insurers. This depends on the type of business and the circumstances of the claim. In respect of general insurance business the FSCS will cover 90% of the claim, without any upper limit and for compulsory classes of insurance, the FSCS will cover 100% of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS.

HOW TO COMPLAIN - USA
We intend to provide an excellent service to you. However, we recognize that there may be occasions when you feel that this has not been achieved. If you are unhappy with any aspect of the service that you receive from us, please contact your insurance broker in the first instance, stating the nature of your complaint, the certificate and/or claim number.

Alternatively, you can contact us directly at enquiries©cfcunderwriting.com or please write to:

Chief Executive Officer
CFC Underwriting Limited
85 Gracechurch Street
London EC3V 0AA
United Kingdom
If you remain dissatisfied after we have considered your complaint and provided our response, you may have the right to refer your complaint to the Department of Insurance in your State for review.

You will be provided with further information about your complaint escalation rights to the Department of Insurance in your State by us on receipt of your complaint.

The existence of this complaints procedure does not affect your right to commence a legal action or an alternative dispute resolution proceeding in accordance with your contractual rights.

ATTACHMENT 2

� cfc

DATA PROTECTION NOTICE
We collect and use relevant information about you to provide you with your insurance cover or the insurance cover that benefits you and to meet our legal obligations. Where you provide us or your agent or broker with details about other people, you must provide this notice to them.

The information we collect and use includes details such as your name, address and contact details and any other information that we collect about you in connection with the insurance cover from which you benefit. This information may include more sensitive details such as information about your health and any criminal convictions you may have.

In certain circumstances, we may need your consent to process certain categories of information about you (including sensitive details such as information about your health and any criminal convictions you may have). Where we need your consent, we will ask you for it separately. You do not have to give your consent and you may withdraw your consent at any time. However, if you do not give your consent, or you withdraw your consent, this may affect our ability to provide the insurance cover from which you benefit and may prevent us from providing cover for you or handling your claims.

The way insurance works means that your information may be shared with, and used by, a number of third parties in the insurance sector for example, insurers, agents or brokers, reinsurers, loss adjusters, sub -contractors, regulators, law enforcement agencies, fraud and crime prevention and detection agencies and compulsory insurance databases. We will only disclose your personal information in connection with the insurance cover that we provide and to the extent required or permitted by law.

We will process individual insured's details, as well as any other personal information you provide to us in respect of your insurance cover, in accordance with our privacy notice and applicable data protection laws.

To enable us to use individual insured's details in accordance with applicable data protection laws, we need you to provide those individuals with certain information about how we will use their details in connection with your insurance cover.

You agree to provide to each individual insured this notice, on or before the date that the individual becomes an individual insured under your insurance cover or, if earlier, the date that you first provide information about the individual to us.

We are committed to using only the personal information we need to provide you with your insurance cover. To help us achieve this, you should only provide to us information about individual insureds that we ask for from time to time.

You have rights in relation to the information we hold about you, including the right to access your information. If you wish to exercise your rights, discuss how we use your information or request a copy of our full privacy notice, please contact us directly at [email protected].

For more information about how we use your personal information please see our full privacy notice, which is available online on our website at:
http://www.cfcunderwriting.com/privacy
ATTACHMENT 2

Ocfc
U.S. TERRORISM RISK INSURANCE ACT OF 2OO2 AS AMENDED NOT PURCHASED CLAUSE

ATTACHING TO
POLICY NUMBER:

THE INSURED:

WITH EFFECT FROM.

PSJ0028842707
Dennis Grubb and Associates
17 Mar 2021
This CLAUSE is issued in accordance with the terms and conditions of the "U.S Terrorism Risk Insurance Act of 2002" as amended, as summarized in the disclosure notice.

It is hereby noted that we have made available coverage for "insured losses" directly resulting from an "act of terrorism" as defined in the "U.S. Terrorism Risk Insurance Act of 2002", as amended ("TRIA") and you have declined or not confirmed to purchase this coverage.

This Insurance therefore affords no coverage for losses directly resulting from any "act of terrorism" as defined in TRIA except to the extent, if any, otherwise provided by this Policy.

All other terms, CONDITIONS and EXCLUSIONS of this Insurance including applicable limits and deductibles remain unchanged and apply in full force and effect to the coverage provided by this Insurance.

LMA5390 (Amended)
09 January 2020

SUBJECT OTHERWISE TO THE TERMS AND CONDITIONS OF THE
POLICY
ATTACHMENT 2

By Policy No. 4399936 —F08 -75B

SECTION II ADDITIONAL INSURED ENDORSEMENT
Policy No.: 4399936 -F08 -75B
Named Insured:

DENNIS GRU 3B it ASSOCIATES LLC
Additional Insured {Include address):

CITY OF PLACENTIA
401 E-. _ CHAPMAN -AVENUE
PLACENTIA, CA 92870
WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as en insured the Additional Insured shown above, but only to the extent that: liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above.

Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage.

The Primary Insurance coverage below applies only when there is an "X" In the box. ❑ Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you.

All other policy provisions apply.

Printed In USA
ATTACHMENT 2

IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

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).

DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does R affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.

ACORD 25 (2U{71IUU)
ATTACHMENT 2

POLICY NUMBER: 83SBANX2247 THE HARTFORD INSURANCE CO.

COMMERCIAL GENERAL LIABILITY
NAMED INSURED: DENNIS GRUBB & ASSOCIATES

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - ONGOING AND COMPLETED OPS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
Name of Person or Organization: CITY OF PLACENTIA
City of Placentia, its officers, and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. (If no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to includ.e as an insured the person or organization shown in Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.

PRIMARY INSURANCE AND NON CONTRIBUTORY CLAUSE
Such insurance as is afforded by this policy is primary insurance and non- contributing coverage for "ongoing" and "competed operations". No other insurance of the Additional Insureds will be called upon to contribute to a loss.

Such Insurance as is afforded by this policy for the additional insured shown in the schedule of this endorsement shall apply as primary insurance and will not seek contribution from any other insurance maintained by such additional insured for "ongoing" and "completed" operations.

WAIVER OF SUBROGATION
General Liability Insurance and Workers Compensation policy shall include a WAIVER OF SUBROGATED ENDORSEMENT whereby the subcontractor waives any right or claim to be subrogated on payment of loss or otherwise to any claim against the contractor or owner and waves any right against contractor or owner.

CG2010 10/01 Copyright, Insurance services office, Inc., 1984 ATTACHMENT 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
We waive any right of recovery we may have against:

1. Any person or organization shown In the Declarations, or

2. Any person or organization with whom you have a contract that requires such waiver.

Form SS 1215 03 00 Page 1 of 1
® 2000, The Hartford
ATTACHMENT 2

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306
(Ed. 04-84)

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 2% 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 4/1/2021 Policy No. QWC1148262
Insured DENNIS GRUBB AND ASSOCIATES up, .-----
Insurance Company Sequoia Insurance Company
—4-- ---
Countersigned by
WC 04 03 06
(Ed. 04-84)
Endorsement No. 0
Premium $ 508
A --T- ACH MEN -T-2

TO:

FROM:

DATE:

CITY COUNCIL

CITY ADMINISTRATOR
MARCH 1, 2022
Placentia City Council

AGENDA REPORT
SUBJECT: ADOPT RESOLUTION IN OPPOSITION OF THE STATE BALLOT MEASURE

RESTRICTING VOTERS' INPUT AND LOCAL TAXING AUTHORITY
FISCAL
IMPACT: There is no fiscal impact associated with the recommended action.

SUMMARY:

On Jan. 4, 2022, the California Business Roundtable filed the "Taxpayer Protection and Government Accountability Act" or AG# 21-0042A1. This measure is far more detrimental to cities than the a similar measure filed in 2018, because it makes it more difficult for local voters to adopt measures needed to fund local services and infrastructure. In addition, the aforementioned measure would limit voter input by prohibiting local advisory measures by which voters provide direction on how local tax dollars should be spent.

The League of California Cities (Cal Cities), along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative. Staff is requesting City Council adopt a Resolution to oppose Initiative 21- 0042A1 the "Taxpayer Protection and Government Accountability Act" and state ballot measure restricting voters' input and local taxing authority. If adopted, this resolution will be submitted to Cal Cities Ballot Measures Department.

RECOMMENDATION:

It is recommended that the City Council take the following action:

Adopt Resolution R-2022-08, a Resolution of the City Council of the City of Placentia, California, opposing Initiative 21-0042A1 the "Taxpayer Protection and Government Accountability Act," which would limit local revenue authority.

DISCUSSION:

In 2018, the "Tax Fairness, Transparency and Accountability Act" or (AG#17-0050 Amendment #1), was being circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority. Through the successful work and advocacy of Cal Cities and its coalition, the measure's proponents withdrew the initiative from the ballot in June 2018.

1. f.

Mar. 1, 2022

City Council Agenda
March 1, 2022

Page 2 of 3 ends

On January 4, 2022, the California Business Roundtable filed the proposed "Taxpayer Protection and Government Accountability Act" or AG# 21-0042A1. This measure is far more detrimental to cities than the measure filed in 2018, because it limits voters' input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable. Cal Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly oppose this initiative.

During its December 2021 meeting, the Cal Cities' Board of Directors voted unanimously to oppose Initiative AG #21-0026A1. Following the Board's unanimous decision, a coalition of public safety, labor, local government, and infrastructure advocates joined together to fight against this measure. A summary of AG# 21-0042A1 is as follows:

Summary: The measure limits the voters' input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable. 1) Limit Voter Authority and Accountability
• Limits voter input. Prohibits local voters from providing direction on how local tax dollars should be spent by prohibiting local advisory measures. ■ Invalidates the Upland decision that allows a majority of local voters to pass special taxes.

Taxes proposed by the Initiative are subject to the same rules as taxes placed upon the ballot by a City Council. All measures passed between January 2022 and November 2022 would be invalidated unless reenacted within 12 months. 2) Restrict Local Fee Authority to Provide Local Services • Impacts franchise fees. Sets new standard for fees and charges paid for the use of local and state government property. The standard may significantly restrict the amount oil companies, utilities, gas companies, railroads, garbage companies, cable companies, and other corporations pay for the use of local public property. Rental and sale of local government property must be reasonable, which must be proved by clear and convincing evidence.
• Except for licensing and other regulatory fees, fees and charges may not exceed the "actual cost" of providing the product or service for which the fee is charged. Actual cost is the "minimum amount necessary." The burden to prove the fee or charge does not exceed "actual cost" is changed to clear and convincing evidence. 3) Restrict Authority of State and Local Governments to Issue Fines and Penalties for Violations of Law
• Requires voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
4) Restrict Local Tax Authority to Provide Local Services • Requires voter approval to expand existing taxes (e.g., UUT, use tax, TOT) to new territory (e.g., annexation) or expanding the base (e.g., new utility service). ■ City Charters may not be amended to include a tax or fee.

City Council Agenda
March 1, 2022

Page 3 of 3 ends

• New taxes can be imposed only for a specific time period. • Taxes adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
• All state taxes require majority voter approval.
• Prohibits any surcharge on property tax rate and allocation of property tax to state. 5) Other Changes
• No fee or charge or exaction regulating vehicle miles traveled can be imposed as a condition of property development or occupancy.

FISCAL IMPACT:

The proposed Taxpayer Protection and Government Accountability Act of 2022 would significantly impact local government municipal finances and services. According to Cal Cities this measure would place billions of dollars currently dedicated to state and local services at risk. In addition, it could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.

Prepared by: Reviewed and a
Je
Ass ant to the City Administrator/
Economic Development Manager
Damien R. Arrula
City Administrator
Attachments:

1. Resolution R-2022-08 — Opposition to Ballot Measure

2. Initiative 21-0042A1 "The Taxpayer Protection and Government Accountability Act"

3. Cal Cities' Analysis

4. California Local Government Finance Almanac's Fiscal and Program Effects

RESOLUTION NO. R-2022-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PLACENTIA, CALIFORNIA, OPPOSING INITIATIVE
21-0042A1 THE "TAXPAYER PROTECTION AND
GOVERNMENT ACCOUNTABILITY ACT," WHICH

WOULD LIMIT LOCAL REVENUE AUTHORITY
A. Recitals.
(i). An association representing California's wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot. (ii). The measure creates new constitutional restrictions that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources.
(iii). The measure includes provisions that would make it more difficult for local voters to adopt measures needed to fund local services and infrastructure and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent. (iv). The measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods. (v). The measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more. (vi). The measure would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.
(vii). It is appropriate for this body to make the findings specified in subsection (e)(1) of section 54953, to thereby authorize this body and subservient bodies of boards, commissions, and committees to meet remotely.

B. Resolution.

NOW, THEREFORE, THE CITY COUNCIL 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 R-2022-08 ATTACHMENT 1

Page 1 of 2 ends

2. This legislative body based on the Recitals set forth in Part A, opposes Initiative 21-0042A1, the "Taxpayer Protection and Government Accountability Act."

3. The City Council of the City of Placentia will join the NO on Initiative 21- 0042A1 coalition, a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

4. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, ADOPTED AND APPROVED this 1St day of March 2022.

Rhonda Shader, Mayor
Attest:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 1st day of March 2022 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney
Resolution R-2022-08 ATTACHMENT 1

Page 2 of 2 ends

BELL, McANDREWS & HILTACHK, LLP

ATTORNEYS AND COUNSELORS AT LAW
455 CAPITOL MALL, SUITE GOO
SACRAMENTO, CALIFORNIA 95014
(916) 442-7757
FAX (916) 442-7759
www.bmhlew.com
January 4, 2022
Anabel Renteria
Initiative Coordinator
Office of the Attorney General
State of California
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:
21-0042 Amdt#I

RECEIVED
JAN 0 4 2022

INITIATIVE COORDINATOR

ATTORNEY GENERAL'S OFFICE
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.

I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.

Thank you for your time and attention processing my request.

Sincerely,
Thomas W. Hiltachk
ATTACHMENT 2

21 -0042 Amdt.#I
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.

Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost -of -living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job -providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.

Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot - 1 ATTACHMENT 2

either at the state or local level —to clearly state the type and rate of any tax, how long it will be in effect, and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy, healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1(c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two- thirds vote and voter approval requirements for government revenue increases created by the courts including, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.

Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:

Sec. 3(a, Every levy, charge, or exaction of any kind imposed by state law is either a tax or an exempt charge.
(b)(1) fa) Any change in state statute law which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature, and submitted to the electorate and approved by a majority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(ALA specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(B) A specific and JegalI binding and enforceable limitation on how the revenue from the tax can be spent. it the revenue from the tax can be spent for unrestricted general revenue purposes then a statement that the tax revenue can be spent for "unrestricted aeneral revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a majority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shalt for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article ll include:
(A) The type and amount or rate of the tax;
(B) The duration of the tax; and
2 ATTACHMENT 2

(C) The use of the revenue derivedjrom the tax.
(c) Any change in state low which results in any taxpayer payina a new or higher exempt chortle must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge asfarovided in subdivision (e), and the amount or rate of the exempt charge to be imposed. q {b} As used in this section and in Section 9 of Article 11, "tax" means every a•Fly levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. except the following:
(e) As used in this section, "exempt charge" means only the following:
(1) a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the State of conferring the benefit or granting the privilege to the payor.
(1) 424 A reasonable charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable actual costs to the State of providing the service or product to the payor. (214 A charge imposed -for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. f3) A levy, charge, or exaction collected from local units of government, health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge imposed for entrance to or use of state property, or the purchase, rental, or lease of state property, except charges governed by Section 15 of Article XI. (5) A fine, or penalty, or other monetary charge Including any applicable interest for nonpayment thereof. imposed by the judicial branch of government or the State, as -a result of a state administrative enforcement agency pursuant to adjudicator', due process,_to punish a violation of law.

1.6) A levy, charge, assessment or exaction collected for the promotion of California tourism pursuant to Chapter 1(commencing with Section 13995] of Part 4.7 of Division 3 of Title 2 of the Government Code. (f)44 Any tax or exempt charge adopted after January 1, 2022 2010, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted by the Legislature and signed into law by the Govern -tor in compliance with the requirements of this section. fq)(1)444The State bears the burden of proving by a preponderance of the clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by cleor and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. , that the amount is no mare than necessary to cover the reasonable costs of the governmental activity and 3 ATTACHMENT 2

that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor's burdens on, or benefits received from, the governmental activity f2) The retention of revenue by, or the payment to a non -governmental entity of a levy, charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3 The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege. allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy. charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h, As used in this section:
fl) "Actual cost" of providing q service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and fit} where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that maybe imposed is the actual cost less all other sources of revenue includina, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "&tend" includes but is not limited to doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class of payor or expanding the base to which its rate is applied. (3) "Impose" means adopt enact. reenact create, establish, collect increase or extend. 141 "State law" includes, but is not limited to, any state statute, state regulation, state executive order. state resolution, state ruling, state opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued or implemented by the legislative or executive branches of state government._ 'State law" does not include actions taken by the Regents of the University of California. Trustees of the California State University, or the Board of Governors of the California Community Colleges.

Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:

Sec. 1. Definitions. As used in this article:
fat "Actual cost" of providing a service or product means: (lithe minimum amount necessary to reimburse the government for the cost of providing the service or product to the polar, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. in computing "actual cost" the maximum amount that maybe imposed is the actual cost less all other sources of revenue including but not limited to taxes other exempt charges. grants, and state or federal funds received to provide such service or product.
(b) "Extend"includes, but is not limited to, doing any of the following with respect to a tax, exempt charge, or Article XIII D assessment, fee, or charge: lengthening its duration, delaying or eliminating its expiration, expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied:
4 ATTACHMENT 2

LLB "General tax" means any tax imposed for general governmental purposes. (d) "impose" means adopt, enactreenact, create, establish, collect, increase, or extend. (e) ( -) "local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector vursuant to Article !1 or the initiative power provided by a charter or statute.
(f) "tarpi law" includes, but is not limited to any ordinance, resolution. regulation, ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced issued, or implemented by a local government
(q)$} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. (IJ)_(3} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
(LW As used in this article, and in Section 9 of Article II, "tax" means every aoy-levy, charge, or exaction of any kind, imposed by a local government law that is not an exempt charge., except the following:
(1) As used in this section, "exempt charge" means only the fallowing:
(1) A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.

W ( .) A reasonable charge imposed for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable actual costs to the local government of providing the service or product. 04-34A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) (4} A reasonable charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property.
(4 (.51 A fine; or penalty, or other monetary charge including any applicable interest for nonpayment thereof, imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatory due process, as a result of to punish a violation of law. (51(€} A charge imposed as a condition of property development. No levy, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. (6) 474 An Assessments and property related fees assessment, fee or charge imposed in accordance with the provisions of subject to Article XI I I D, or an assessment imposed upon a business in a tourism marketing district aparkinq and business improvement area, or a property and business improvement district. 5 ATTACHMENT 2

(7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1, 1.3, or 2 of division 2 of the Health and Safety Code.

The local government bears -the burden of proving by a preponderance of the evic enc-c that a levy, charge; or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs of tie -governmental activity and that the manner in which those costs are allocated to a payor bear a fair or rcasonab e relationship to the payor's burdens on, or benefits received from, the governmental activity.

Section 6. Section 2 of Article XIII C of the California Constitution is amended to read:

Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Ever r levt,, charge, or exaction of an r kind imposed by local law is either a tax or on exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local law government, whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) Any general tax imposed, extended, or increased, without voter approval, by any local government -en or after January 1, 1995, and prior to the effective date -of this ar•#-icle, shall -continue to be -imposed, only i€-approved by a majority vote of the voters voting in an election on the issue of the imposition, which election shall be held within -two years of the effective date of this article and in compliance with sbdid'sion (b). (d) No local law government, whether proposed by the governing body or by on elector, may impose, extend, -or increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. (d) The title and summary and ballot label or question required for o measure pursuant to the Elections Code shall, for each measure providing for the imposition of a tax, include:
(z) The type and amount or rate of the tax;
f2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax, the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will, could, or should be used fora specific purpose. fe) Only the governing body of a local government, other than an elector pursuant to Article ll or the initiative power provided by a charter or statute, shall hove the authority to impose any exempt charge.

The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6 ATTACHMENT 2

as provided in Section 1(i) and the amount or rate of the exempt charge to be imposed, and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
(f, No amendment to a Charter whichfrrovides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors, nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for an _purpose. fg) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date pf this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
fh)!1) The local government bears the burden of proving by clear and convincing evidence that a levy charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2) The retention of revenue by, or the payment to, a non -governmental entity of a levy charge, or exaction of any kind imposed by a local law. shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind imposed by a local law as being paid in exchange for a benefit, privilege allowance authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.

Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:

Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, of charge, or surcharge, including a surcharge based on the value ofproperty, shall be assessed €3y-a-iw-agency upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax imposed pursuant to described in Section 1(a) of Article XIII and Section 1(a) of Article X111A, and described and enacted pursuant to the voter approval reauirernent in Section 1(b) g Article XIII A.
(2) Any special non -ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 ATTACHMENT 2

(b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.

Section 8. Sections 1. and 14 of Article XIII are amended to read:

Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.

Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of law, such state or local property taxes shall be apportioned according to law to the districts within the counties.

Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.

B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordability and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.

C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 ATTACHMENT 2

declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.

D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9 ATTACHMENT 2

libLEAGUE OF

CALIFORNIA
CITIES
Stop the Corporate Loopholes Scheme
Deceptive Proposition Allows Major Corporations to Avoid Paying their Fair Share and Evade Enforcement when they Violate Environmental, Health & Safety Laws An association representing California's wealthiest corporations — including oil, insurance, banks and drug companies — is behind a deceptive proposition aimed for the November 2022 statewide ballot. Their measure would create major new loopholes that allow corporations to avoid paying their fair share for the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety and other state and local laws. Here's why a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses oppose the Corporate Loophole Scheme:

Gives Wealthy Corporations a Major Loophole to Avoid Paying their Fair Share - Forcing Local Residents and Taxpayers to Pay More • The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources - shifting the burden and making individual taxpayers pay more.

Allows Corporations to Dodge Enforcement When They Violate Environmental, Health, Public Safety and Other Laws
• The deceptive scheme creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Jeopardizes Vital Local and State Services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services and more. • It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities and more.

Opens the Door for Frivolous Lawsuits, Bureaucracy and Red Tape that Will Cost Taxpayers and Hurt Our Communities
• The measure will encourage frivolous lawsuits, bureaucracy and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.

ATTACHMENT 3

4iipLEAGUE OF

CALIFORNIA
CITIES
Undermines Voter Rights, Transparency, and Accountability • This misleading measure changes our constitution to make it more difficult for local voters to pass measures needed to fund local services and local infrastructure.
• It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.

ATTACHMENT 3

Cal iforvtiaCity Fivtavtce.Cowt.

Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
Rev. January 7, 2022
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
• Billions of local government fee and charge revenues placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use. • Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in compliance with the initiative.
• Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements. • The delay and deterrence of municipal annexations and associated impacts on housing and commercial development.
• Service and infrastructure impacts including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
• Prohibits advisory, non -binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures. • Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through November 8, 2022 would be void after November 9, 2023.
• Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes at additional cost to taxpayers.
• Requires that a tax or bond measure adopted after January 1, 2022 and before the effective date of the initiative (November 9, 2022) that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative (November 9, 2023).
o If past election patterns are an indication, dozens of tax and bond measures approving hundreds of millions of annual revenues may not be in compliance and would be subject to reenactment.

Most will be taxes without a specific end date. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, measures not in compliance would need to be placed on a special election ballot for approval before November 9, 2023 or the tax will be void after that date. General tax measures would require declaration of emergency and unanimous vote of the governing board.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530 758.3952 • Fax: 530.758.3952
ATTACHMENT 4

— 2 — rev January 7, 2022
• Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions for general taxes would, under current law, each require unanimous vote of the agency board to be placed on a special election ballot or would be void after November 9, 2023.

Local Tax and Bond Measures - California
Cities, Counties, Special Districts, Schools
600 •Pass Col ail
500
400
300
200
1G3
Y
i
t
I 1 {
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2.019 2020

1.a. Number of Measures and Value of Local Taxes at Risk' In 2020, voters in California approved 293 local tax and bond measures for cities, counties, special districts and schools (95 in March and 198 in November). The approved measures enacted $3.85 billion in new annual taxes including $1.3 billion for cities, $302 million for counties, $208 million for special districts (fire, wastewater, open space and transit districts), and $2.037 billion for schools (including for school bonds).

Most tax measures go to the ballot during a presidential or gubernatorial primary or general election in an even year. However, some tax measures are decided at other times. During 2019, there were 45 approved tax and bond measures (24 city, 14 special district, 7 school) adopting $154.0 million in new annual taxes ($124.0 million city, $10.5 million special district and $19.2 million school).

Most tax and bond measures comply with the new rules in Initiative 21-0042Amdt#1 except:
• Dozens of taxes would require end dates. This would require additional measures in future years to extend the taxes further. Very few extensions of existing local taxes fail. • Majority vote general tax measures could not be accompanied on the same ballot with an advisory, non -binding measure as to use of tax proceeds. • Special taxes placed on the ballot via citizen initiative would require two-thirds voter approval.

Bond measures have fixed terms. Historically, about 20 percent of other tax measures have included specific durations (i.e. sunsets). Advisory measures as to use of revenues are uncommon. I do not expect the provisions of 21-0042A1 to have any substantial effect on passage rates. However, some 2022 approved measures would likely have to put back on the ballot.

Based on history, a reasonable estimate of the annualized tax revenues estimated to be approved by Source: Compilation and summary of data from County elections offices.

CaliforvtiaCityFivtavtce.covvl
ATTACHMENT 4

— 3 — rev January 7, 2022
voters in 2022 and placed at risk by this initiative is at least $1.5 billion, including $1.0 billion from cities and $500 million from counties and special districts.2

1.b. Additional Costs and Public Service Effects of the Tax Provisions In addition to service delays and disruption due to new tax revenues placed at greater legal risk, there will be substantial additional costs for legal defense. The deterrence of taxes for annexations will delay and deter municipal annexations.

2. "Exempt Charges (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
• Subjects new fees and charges for a product or service to a new "actual cost" test defined as "(i) the minimum amount necessary to reimburse the government for the cost of providing the service to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In addition, subjects these same charges to a new, undefined, "reasonable" standard.
• Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, "reasonable" test. • Subjects a challenged fee or charge to new, higher burdens of proof if legally challenged. • Prohibits a levy, charge or exaction regulating or related to vehicle miles traveled, imposed as a condition of property development or occupancy.

2.a. Value on New Local Government Fees and Charges at Risk3 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $1 billion per year including those adopted since January 1,'2022. Of this $1 billion, about $570 million is for special districts, $450 million is cities, and $260 million is counties.4
Major examples of affected fees and charges are:

1. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

2. Commercial franchise fees.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Document processing and duplication fees.

6. Transit fees, tolls, parking fees, public airport and harbor use fees.

7. Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

In addition to fees and charges, the measure puts fines and penalties assessed for the violation of state and 2 This does not include citizen initiative special tax approved by majority but not two-thirds. Because this approach is new, the number of these measures and amount of revenue involved cannot be estimated.

Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 4 School fees are also affected but the amount is negligible by comparison.

Ca1 iforvtiaCity Fivtavtce. cowl
ATTACHMENT 4

— 4 — rev January 7, 2022
local law at risk, making them taxes subject to voter approval under certain circumstances.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. oro44.

MC
CaIiForvtiaCityFivtance.covin
ATTACHMENT 4

TO:

VIA:

FROM:

DATE:

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF FINANCE
MARCH 1, 2022
Placentia Cit Council

AGENDA REPORT
SUBJECT: CONSIDERATION OF REAPPOINTMENT OF JOHN LEWIS TO THE CITIZENS'

OVERSIGHT COMMITTEE
FISCAL
IMPACT: NONE
SUMMARY:

Ordinance O-2019-02 states that the Measure U Citizens' Oversight Committee shall consist of three (3) members, appointed by the City Council, who shall serve without compensation. The Ordinance further states that two (2) of the members shall come from the Citizens Fiscal Sustainability Task Force ("Task Force") and one (1) from the Financial Audit Oversight Committee ("FAOC"), so long as those bodies exist. The initial terms were staggered with two (2) appointees serving four-year terms and one (1) appointee serving a 2 -year term. On February 19, 2019, John Lewis was appointed by the City Council to serve a two-year term. That term has expired and this action requests that John Lewis be reappointed to the Citizens' Oversight Committee for an additional four-year term.

RECOMMENDATION:

It is recommended that the City Council consider the following action.

Reappointment John Lewis to the Citizens' Oversight Committee for a four-year term.

DISCUSSION:

On November 6, 2018, a majority of Placentia voters voted in favor of Measure U and the measure was adopted and enacted by Ordinance O-2018-08 (Attachment 1). Ordinance 0-2018-08 was subsequently adopted by the City Council on November 16, 2018, establishing the formation of a Citizens' Oversight Committee ("Committee") to review the expenditure of funds generated by the voter -approved Transactions and Use Tax and to provide an annual report to the City Council on those expenditures. At the City Council meeting on February 19, 2019, Ordinance O-2019-02 (Attachment 2), was adopted by the City Council, adding Chapter 3.32 to the Placentia Municipal Code ("PMC") establishing the Committee required by Ordinance O-2018-08 and setting forth its composition and operating procedures. The City Council made appointments to fill the three (3) vacancies on this Committee during that same meeting.

1. g.

Mar. 1, 2022

City Council Agenda
March 1, 2022

Page 2 of 2 ends

Each year the Committee is tasked with presenting an annual report to the City Council, and the report shall be published on the City's webpage. Unless otherwise directed by resolution or ordinance of the City Council, the Committee shall not have any function, power, or authority other than those expressly provided in Ordinance 0-2018-08. In no event shall a failure of the City Council or the Citizens' Oversight Committee to meet, or to take any other action, invalidate any Transactions and Use Tax collected by the City.

At the City Council meeting on February 5, 2019, Ordinance O-2019-02 (Attachment 2), was introduced. This ordinance adds Chapter 3.32 to the Placentia Municipal Code (PMC) establishing the Committee required by Measure U Ordinance O-2018-08 and sets forth its composition and operating procedures. All members of the committee shall be appointed by the City Council and shall be subject to removal by a majority of the City Council. Two of the members shall come from the Task Force and one from the FAOC, so long as those bodies continue to exist in the City Council's discretion.

As part of the Citizen's Oversight Committee, John Lewis has served admirably during his two- year term and has provided sound financial advice that has transferred to Staff, resulting in the sound financial condition that the City is proud to demonstrate as recently as its FY 2021-22 Adopted Budget and its Mid -Year Budget Review. Staff respectfully requests that City Council reappointment John Lewis to the Citizens' Oversight Committee for a four-year term.

Prepared by:
on
Interim Director of Finance
Reviewed and approved:

Damien R. Arrula
City Administrator
Attachments:

1. Ordinance O-2018-08 — Transaction and Use Tax (Measure U)

2. Ordinance O-2019-02 — Adding Chapter 3.32 to the PMC and Establishing the Formation of the Citizens' Oversight Committee

ORDINANCE NO. O-2018-08

ORDINANCE OF THE CITY OF PLACENTIA, CALIFORNIA

ENACTING A LOCAL TRANSACTIONS AND USE TAX
("SALES TAX") TO BE ADMINISTERED BY THE

CALIFORNIA DEPARTMENT OF TAX AND FEE

ADMINISTRATION, SUBJECT TO ADOPTION BY THE

ELECTORATE
THE PEOPLE OF THE CITY OF PLACENTIA DO ORDAIN AS FOLLOWS:

Section 1. TITLE. This ordinance shall be known as the City of Placentia Transactions and Use Tax Ordinance of 2018. The City of Placentia hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.

Section 2. OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter, commencing more than 110 days after the approval of the tax set forth herein by the voters pursuant to Section 15 of this ordinance.

Section 3. PURPOSE. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To extend the imposition of an existing retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

Ordinance O-2018-08

Page 1 of 7 ends

ATTACHMENT 1

Section 4. CONTRACT WITH STATE. Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

Section 5. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1% (one cent per dollar) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

Section 6. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

Section 7. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1% (one cent per dollar) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

Section 8. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

Section 9. LIMITATIONS ON ADOPTION OF STATE LAW AND
COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, California Department of Tax and Ordinance O-2018-08

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ATTACHMENT 1

Fee Administration, State Board of Equalization, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

Section 10. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

Section 11. EXEMPTIONS AND EXCLUSIONS.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

Ordinance O-2018-08

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ATTACHMENT 1

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial
vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out -of -City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out -of -City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state -administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by
operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

Ordinance O-2018-08

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ATTACHMENT 1

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code.

That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

Section 12. AMENDMENTS TO STATE LAW. All amendments
subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

Section 13. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

Ordinance O-2018-08

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ATTACHMENT 1

Section 14. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

Section 15. EFFECTIVE DATE AND SUBMISSION TO VOTERS. This ordinance relates to the levying and collecting of City transactions and use tax and shall take effect immediately. However, no tax imposed by this ordinance shall be effective unless this Ordinance has been approved by the voters of the City as required by Section 2(b) of Article XIII C of the California Constitution and applicable law.

Furthermore, no tax imposed by this ordinance shall be effective prior to the operative date set by Section 2 of this ordinance.

Section 16. AUDIT. The proceeds of the tax imposed pursuant to this Ordinance, as well as the expenditure thereof, shall be audited annually by an independent accounting firm. Such independent audit may be a part of any other independent audit of municipal finances.

Section 17. CITIZENS' OVERSIGHT. A Citizens' Oversight Committee shall be formed to review the expenditure of funds generated by this ordinance, and to provide an annual report to the City Council on those expenditures. The committee shall consist of three members, appointed by the City Council. As long as those bodies exist, two of the members shall come from the Citizens Fiscal Sustainability Task Force and one from the Financial Audit Oversight Committee. Members so appointed shall serve without compensation for a term of four (4) years.

The Committee shall meet at least once annually. The Committee's annual report shall be presented to the City Council and shall also be published on the City's webpage. Unless otherwise directed by resolution or ordinance of the City Council, the Committee shall not have any function, power, or authority other than those expressly provided herein. In no event shall a failure of the City Council or the Citizens' Oversight Committee to meet or to take any other action invalidate any tax collected under this Chapter; however, any court of competent jurisdiction may issue an order to the City compelling the City to comply with this Section.

Section 18. USE OF FUNDS. The proceeds of the tax imposed by this ordinance shall be deposited in the general fund of the City and may be used to fund additional public safety and street and pothole repair services and for any other lawful municipal purpose. The tax does not meet the criteria established by Section 1(d) of Article XIII C of the California Constitution for special taxes, and is a general tax imposed for general government purposes.

Section 19. FINDING. The proposed tax will provide resources to the City that will help the City to maintain its financial viability and provide funding for its local police department and essential city services, including street/pothole repair; quick responses to 911 emergencies; fire protection/emergency medical services; gang, drug, graffiti prevention; public cleanliness; and general services.

Ordinance O-2018-08

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ATTACHMENT 1

Patrick J. Me
Section 20. TERMINATION. The tax shall continue without sunset or expiration unless terminated by action of the voters.

INTRODUCED at a regular meeting of the City Council of the City of Placentia held on July 24, 2018.

PASSED, APPROVED AND ADOPTED this 13th day of November 2018.00.

OV PLq
zekk.13W64:0-,4A
DEC Ic r
Chad P. Wanke, Mayor 2,
s • 1926
, :;L �FQA;;:P� • ter'-
,,r•4:Neir* ►►►►►►►►`t,
City Clerk
I, Patrick J. Melia, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Placentia, held on the 13th day of November 2018 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

APPROVED AS
Green, Smith, Shader, Wanke
None
Yamaguchi
None
atrick J. M ', City Clerk
Christian L. Bettenhausen, City Attorney

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF PLACENTIA )
I, Patrick J. Melia, City Clerk of the City of Placentia, California, do hereby certify that Ordinance No. 2018-08, is a full, true, and correct copy, and was adopted by a majority vote of the people of the City of Placentia, California, who voted on the measure for the adoption of said Ordinance, at the Regular Municipal Election held the 6th day of November, 2018, as appears by the official returns of said election, and the Statement of Votes Cast as declared by the City Council of the City of Placentia, Resolution No. 2018- XX, adopted on December 4, 2018.

Patrick J. Me if ity Clerk
Ordinance O-20 :-08

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ATTACHMENT 1

ORDINANCE NO. O-2019-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA ADDING CHAPTER 3.32 TO

THE CITY'S MUNICIPAL CODE, ENTITLED
"TRANSACTIONS AND USE TAX, CITIZENS' OVERSIGHT
COMMITTEE"
City Attorney Summary
This Ordinance would add Chapter 3.32 to the City of Placentia Municipal Code, entitled "Transactions and Use Tax, Citizens' Oversight Committee," pursuant to the requirements of Ordinance No. 0-2018-08, adopted by the voters on November 6, 2018. This chapter establishes the Citizens' Oversight Committee required by Ordinance No. 0-2018-08 and sets forth its composition and operating procedures.

A. Recitals
(i)
Whereas, Ordinance No. O-2018-08 was adopted by the City's voters at the November 6, 2018 general election, and by the City Council on November 13, 2018, establishing a 1% retail transactions and use tax pursuant to the requirements of California Revenue and Tax Code section 7285.9. (ii) Whereas, Ordinance No. O-2018-08 requires the establishment of a three - person Citizens' Oversight Committee, charged with reviewing the expenditure of funds generated by the tax.

B. Ordinance
NOW, THEREFORE, the City Council of the City of Placentia does hereby find, determine and ordain as follows:

SECTION 1. The above findings are true and correct and hereby incorporated into this ordinance.

SECTION 2. Chapter 3.32 "Transactions and Use Tax, Citizens' Oversight Committee" is hereby added to Title 3 "Revenue and Finance" of the Placentia Municipal Code as follows:

Chapter 3.32 Transactions and Use Tax, Citizen's Oversight Committee

3.32.010 Transactions and Use Tax
There shall be levied and collected a transactions and use tax pursuant to Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Ordinance O-2019-02

Page 1 of 4 ends

ATTACHMENT 2

Section 7285.9 of the Revenue and Taxation Code at a rate of 1%. Such tax shall be governed by Ordinance No. O-2018-08, which was approved by the voters at the November 6, 2018 general election and by the City Council on November 13, 2018.

This section of the Municipal Code constitutes a restatement of the existing law of the City, as Ordinance No. O-2018-08 constitutes a part of the law of the City and its provisions became effective as set forth in its text. This section is not intended to amend or change Ordinance No. O-2018-08 in any way."
The transactions and use tax imposed by Ordinance No. 0-2018-08 is hereinafter referred to in this chapter as the "transactions and use tax" or "tax."

3.32.020 Establishment of Citizens' Oversight Committee.

Pursuant to Ordinance N. 0-2018-08, a citizens' oversight committee is hereby established, and shall be hereinafter referred to in this chapter as the "committee."

3.32.030 Purpose.

The purpose of the committee shall be to review the expenditure of funds generated by the transactions and use tax, and to provide an annual report to the city council on those expenditures. The committee shall meet at least once annually. The committee shall prepare an annual report which shall be presented to the city council and shall also be published on the city's webpage. Unless otherwise directed by resolution or ordinance of the city council, the committee shall not have any function, power, or authority other than those expressly provided in this chapter. In no event shall a failure of the City Council or the committee to meet, or to take any other action, invalidate any tax collected under this chapter; however, any court of competent jurisdiction may issue an order to the city compelling the city to comply with this Section.

3.32.040 Membership.

The committee shall be composed of three (3) regular voting members. All members of the committee shall be appointed by the City Council and shall be subject to removal by a majority of the City Council. Two of the members shall come from the Citizens' Fiscal Sustainability Task Force and one from the Financial Audit Oversight Committee, so long as those bodies continue to exist in the City Council's discretion.

3.32.050 Terms of Office.

Except as otherwise provided in this section, each committee member shall serve a four (4) year term, which shall expire each succeeding July 1St. In the absence of resignation or removal, each member shall continue to serve until a successor is appointed and qualified. In order to create staggered terms, of those first three members appointed to the committee, two shall serve a four-year term, and one shall serve a two-year term.

3.32.060 Absence from Meeting.

Ordinance O-2019-02

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ATTACHMENT 2

If a member is absent without excuse from three (3) consecutive committee meetings, the chair may notify the City Council to consider whether the member should be removed. It is the responsibility of each member to notify the chair or vice -chair before the meeting if a member is unable to attend.

3.32.070 Compensation and Reimbursement for Expenses.

The members of the committee shall serve without compensation, as stated in Ordinance No. O-2018-08. If the expenditure is approved in advance by the City Council, the city may pay reasonable expenses for members to attend meetings, conferences or other events that will directly assist the members in the performance of their duties under this chapter.

3.32.080 Officers, Meeting Rules and Records.

Each year the committee shall appoint one of their members to serve as chair, and one to serve as vice -chair. Each will serve a one-year term. The chair shall run each meeting, and the vice -chair shall serve in the absence of the chair. The chair and vice -chair shall both serve at the pleasure of the committee.

All meetings of the committee shall be open to the public and shall be noticed pursuant to the requirements of the Ralph M. Brown Act. The city administrator shall designate a city employee to act as secretary of the committee, who shall keep a record of its proceedings, and assist with public postings and the collection of records needed to accomplish the committee's purpose. The committee may adopt reasonable rules and regulations, which shall be consistent with the charter and this chapter.

3.32.090 Annual Orientation and Training.

Each member shall attend any annual orientation or training event organized by the city.

An unexcused failure to attend any such event shall be grounds for removal from the committee.

SECTION 3. Severability. If any provision(s) of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end, the provisions of this ordinance are declared to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, even though any one or more sections, subsections, clauses, phrases, parts or portions thereof was declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

Ordinance O-2019-02

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ATTACHMENT 2

Patrick J. M Iia, ' ity Clerk
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on February 5, 2019.

PASSED, APPROVED AND ADOPTED this 19th day of February 2019.

Rhonda Shader Mayor
I, Patrick J. Melia, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Placentia, held on the 19th day of February 2019 by the following vote:

AYES: Councilmembers: Green, Wanke, Yamaguchi, Smith, Shader NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
atrick J. Me . , ity Cler
APPROVED AS TO FORM:

X(fte, GAL'
Christian L. Bettenhausen, City Attorney
Ordinance 0-2019-02

Page 4 ends

ATTACHMENT 2

TO:

VIA:

FROM:

DATE:

SUBJECT:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF DEVELOPMENT SERVICES
MARCH 1, 2022

PUBLIC HEARING AND CONSIDERATION OF PROPOSED PROGRAMS AND

ACTIVITIES TO BE SUBMITTED TO THE COUNTY OF ORANGE FOR

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR FISCAL YEAR 2022-23
FISCAL
IMPACT: CDBG FUNDS IN THE AMOUNT OF $377,237 FOR FISCAL YEAR 2022-23 SUMMARY:

The Federal Housing and Community Development Act of 1974 provides Community Development Block Grant (CDBG) funds for projects that promote the development of viable urban communities by providing suitable living environments for persons of low and moderate income. As a Metropolitan City, the City of Placentia does not compete with 11 other County cities to apply and receive CDBG funds through the County of Orange ("County"). The amount of CDBG funding received by the City is established and provided directly by the U.S. Department of Housing and Urban Development (HUD) via the County. The funding allocation varies from year to year; therefore, the funding allocation will be presented to the City Council on an annual basis.

For Fiscal Year ("FY") 2022-23, the anticipated funding amount is $377,237, of which the City will receive $339,514 directly. Eligible funding programs and activities must adhere to National Objectives established by HUD and the County's Consolidated Plan. The program and projects must achieve a specified performance outcome such as improving accessibility through removal of physical barriers or promoting livable and viable neighborhoods by providing a benefit to low to moderate income residents. This action will conduct a public hearing on the proposed programs and activities and authorize the City Administrator, or his designee, to submit the application to the County to receive CDBG funds for the programs and activities described herein.

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Open the Public Hearing to consider proposed programs and activities for the Community Development Block Grant Funding for Fiscal Year 2022-23; and

2. Receive the Staff report, consider all public testimony, ask any questions of Staff; and

2.a.

Mar. 1, 2022

City Council Agenda
March 1, 2022

Page 2 of 4 ends

3. Close the Public Hearing; and

4. Authorize the City Administrator to submit an application to the County of Orange to receive CDBG Funds to support public service programs, public facilities improvements, housing rehabilitation needs, and administrative expenses for Fiscal Year 2022-23; and

5. Authorize the City Administrator to execute all necessary documents, in a form approved by the City Attorney.

DISCUSSION:

The Federal Housing and Community Development Act of 1974 provides CDBG funds for projects that promote the development of viable urban communities by providing suitable living environments for persons of low and moderate income. As a Metropolitan City, the City does not compete with 11 other County cities to apply and receive CDBG funds through the County. The City's funding allocation will be established annually by HUD.

Eligible programs and activities must adhere to the established performance objectives established by HUD and conform to the priority levels set by the County. This includes creating a suitable living environment that benefits communities, families, or individuals that are from designated low to moderate income areas of the City. Projects must also achieve specified performance outcomes such as improving accessibility through removal of physical barriers or promoting livable and viable neighborhoods by providing a benefit to low to moderate income residents.

As indicated in the chart below, the CDBG amount of $339,514 will be allocated to the City and will serve as a direct offset and/or supplement to the General Fund for specific programs and activities that support viable urban communities. The remaining $37,723 will be provided to the County to cover costs related to preparation of the Annual Action Plan (AAP), Consolidated Annual Performance and Evaluation Report (CAPER), and other administrative costs.

Activity

CDBG ALLOCATION TO THE CITY OF PLACENTIA
Program
Allocation
Housing Needs
Housing Rehabilitation Program
$52,500
Facade Improvement Program
$50,000
Public Facilities/Non-
Housing Rehabilitation
Neighborhood Park Facility (Whitten Center ADA Parking Lot Accessibility Project)
$140,291
Public Services
(Mandated 15% of
CDBG Funds)
Senior Services Salaries (Lunch Program)
— -
$21,000
Public Services Salaries (Neighborhood Services)
$38,000
Administration - City
Assistant to the City Administrator/Economic
Development Manager Salary for Administering CDBG Programs $37,723
Total CDBG Allocation to the City
$339,514

City Council Agenda
March 1, 2022

Page 3 of 4 ends

Activity

CDBG ALLOCATION TO THE COUNTY OF ORANGE
Program Allocation
Administration - County County Staff - Maximum HUD Allocation $37,723
Total CDBG Allocation to the County $37,723

TOTAL CDBG FUNDING ALLOCATION
$377,237
Program Activities
Housing Needs: The goal is to preserve and rehabilitate existing ownership housing stock. Due to the large percentage of the City's housing stock exceeding 50 years of age, measures must be taken to preserve the quality and livability of existing residential units. Many of these housing units are owned by low -moderate income persons, often elderly or disabled residents, who are unable to adequately care for their homes. Minor exterior rehabilitation efforts are often necessary to provide exterior repairs, weatherization, or clean-up improvements to maintain the quality of living conditions or for health and safety issues.

In addition, the Facade Improvement Program will be implemented in an effort to remove blight and provide for the expansion of the City's tax base through the use of CDBG funds for eligible facade improvements to local businesses. The funds can be used for exterior improvements among the aging commercial buildings in the Old Town Placentia area. The program will be designed to promote Placentia as a positive venue for quality business, incentivize business improvements and attraction to enhance local economic growth, and ensure that government regulations promote a favorable business climate.

Public Facilities/Non-Housing Rehabilitation: The goal is to provide adequate Americans with Disabilities Act (ADA) accessibility among identified public areas in the City. Title II of the ADA requires all public entities to give individuals with disabilities an equal opportunity to benefit from all their programs, services, and activities. Several of Placentia's public buildings, parks, and facilities require retrofit in order to remove possible barriers. The City has identified the Whitten Community Center's parking lot at 900 South Melrose Street as a project that would qualify for CDBG funding. The community center serves our low-income community and provides free direct assistance to food distribution programs, tutoring, document translation, and information/referrals to counseling, parenting classes, domestic violence intervention, and rental assistance. The Center is open Monday through Friday from 8:00 a.m. to 5:00 p.m. The Center is a multigenerational center servicing youth, adults, and seniors. The parking lot is past its useful life and is in need of safe pedestrian and ADA accessibility from the parking lot to the Community Center and the Orange County Head Start Program. The striping is worn out, the handicap stalls are faded, and the pavement is lifting in some areas.

Public Services: HUD requires 15% of the total CDBG funding allocation to be designated to public services. Based upon the community need and HUD requirements, there is a high priority need to continue to support public services for senior and youth populations. The City's continuing Senior Lunch Program provides a local community benefit to the senior and disabled population by providing daily nutritional meals supplemented by much -needed social interaction. The

City Council Agenda
March 1, 2022

Page 4 ends

program serves an average of 450 lunches a month to senior and disabled residents in Placentia and the surrounding communities. The majority of attendees are over the age of 65, live alone, and are considered low-income. The City also provides several Neighborhood Services programs including free food distribution and human services referrals in areas designated as low -to - moderate income. These Neighborhood Services programs ensure that comprehensive and coordinated resources are available to support family needs.

Administrative Costs: HUD approves the allocation of 20% of the total CDBG funding for administrative costs. Per the current agreement with the County of Orange, the 20% will be equally divided between the City and the County. The County will file, on behalf of the City, several HUD mandated reports including the AAP, CAPER, Analysis of Impediments (AI), Citizen Participation Plan (CPP), and the Integrated Disbursement and Information System (IDIS) management. The City's administrative costs will be for the monitoring and reporting of the programs and activities.

Administrative costs will specifically be for the submittal of quarterly expenditure reports, financial activity, contracts, and summary of accomplishments for each of the programs and activities.

FISCAL IMPACT:

Submittal of the proposed CDBG program and activities to the County will have a positive financial impact. The City will receive approximately $339,514 of the anticipated total amount of $377,237 in CDBG allocated funds for FY 2022-23 for the implementation of specific programs and activities that will have a positive impact upon our community.

Prepared by:
a
e City Administrator/
Economic Development Manager
Reviewed and approved:
1 Damien R. Arrula
City Administrator
Reviewed and approved:
eph M. rambert
Director of Development Services

Public Hearing and Consideration of
Proposed CDBG Programs and Activities
March 1, 2022
1 Background
• The Federal Housing and Community Development Act
of 1974 provided Community Development Block Grant
(CDBG) funds for projects that promote the development
of viable urban communities by providing suitable living environments for persons of low and moderate income.
• For FY 2022-23 the anticipated total funding is $377,237, of which the City will receive $339,514 directly.

Proposed Programs for FY 2022-23

CDBG ALLOCATION TO THE CITY
Activity
Program
Allocation
Housing Needs
Housing Rehabilitation Program
$52,500
Facade Improvement Program
$50,000
Public Facilities/Non-
Housing Rehabilitation
Neighborhood Park Facility
(Whitten Center ADA Parking Lot Accessibility Project)
$140,291
Public Services
(Mandated 15% of
CDBG Funds)
Senior Services Salaries (Lunch Program)
$21,000
Public Services Salaries (Neighborhood Services)
$38,000
Administration — City
(10% of CDBG Funds)
Assistant to the City Administrator/Economic
Development Manager Salary for Administering CDBG Programs $37,723
Total CDBG Allocation to the City
$339,514

CDBG ALLOCATION TO THE COUNTY OF ORANGE
Activity
Program
Allocation
Administration — County
County Staff - Maximum HUD Allocation
$37,723
(10% of CDBG Funds)
Total CDBG Allocation to the County
$37,721

TOTAL CDBG FUNDING ALLOCATIONT
$377,2"

Staff Recommendation
It is recommended that the City Council take the following actions:

1. Open the Public Hearing to consider proposed programs and activities for the Community Development Block Grant Funding for Fiscal Year 2022-23; and

2. Receive the Staff report, consider all public testimony, ask any questions of Staff; and

3. Close the Public Hearing; and

5. Authorize the City Administrator to execute all necessary documents, in a form approved by the City Attorney.

Questions & Comments

w,s?

TO:

VIA:

FROM:

DATE:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR / SUPPORT AND EMERGENCY SERVICES MARCH 1, 2022
SUBJECT: PUBLIC HEARING TO RECEIVE FINAL INPUT FROM THE COMMUNITY

REGARDING THE DESIGNATED CITY COUNCIL DISTRICT MAP AND
INTRODUCE AN ORDINANCE ADOPTING THE 2022 ADJUSTED MAP
FISCAL
IMPACT: Expenses: $19,290.37 To Date for Legal, Publishing, and Translation Services Budgeted: $35,000.00 Legislative — Other Purchased Services (101002-6299) SUMMARY:

Following each federal Census, the City of Placentia is required to review new population data and to rebalance, if necessary, the population of its City Council election districts. Per the California Elections Code, the City Council is required to adopt a new district map or, if appropriate, readopt the existing district map following a series of public hearings. As required by law, the City Council districts must be "substantially equal in population" based upon the results of the 2020 Census. The districts are also required to comply with the United States Constitution, the California Constitution, the California Elections Code, and the federal Voting Rights Act of 1965. This public hearing is the last of a series of public hearings to receive input from the Placentia community regarding the revised City Council district boundaries.

Staff and the City's consultant National Demographics Corporation ("NDC") provided information to the City Council and public regarding the process during the first four (4) required public hearings. Extensive information regarding the process and considerations are available on the City's website. At the public hearings conducted on February 10 and 16 2022, respectively the City Council received public input and a presentation from NDC. NDC's written and oral reports indicated that some of the maps that have been proposed had deficiencies under either state or federal legal principles regarding redistricting, and the City Council elected not to move forward with those maps. The City Council asked for additional information and designated three (3) maps for further consideration. Subsequently, at the public hearing on February 16, 2022, the City Council received public input and an additional presentation from NDC. The City Council then designated Public Map No. 3 (Revised and Renumbered by Council) as the proposed City Council district map to be adopted.

The purpose of tonight's hearing is to receive final input from the public regarding the draft map designated by City Council and to introduce Ordinance O-2022-02, adopting the designated district boundary map and adjusting the boundaries of the City Council Districts.

2. b.

Mar. 1, 2022

City Council Agenda
March 1, 2022

Page 2 of 4 ends

As always, the City Council's deliberations and choice of district boundaries is guided by the U.S. and California Constitutions, the redistricting priorities under California's Fair Maps Act, and other elements of state and federal law. The legal considerations have been explained to the City Council in prior public hearings, and the maps NDC has provided comply with those requirements.

The schedule for the public hearings is as follows:

Public Hearings Date
Public Hearing No. 1 — Council Meeting Tuesday, October 5, 2021 Public Hearing No. 2 — Special Meeting Wednesday, January 19, 2022 Public Hearing No. 3 — Special Meeting
Thursday, Februarg 10, 2022
Public Hearing No. 4 — Special Meeting
Final Map Deslgpated
Wednesday, February 16, 2022
Public Hearing No. 5 - Council Meeting
Introduction of Ordinance Adjusting Council District
Map and Final Map Approval
Tuesday, March 1, 2022
Council Meeting
Second Reading and Adoption of Ordinance Adjusting
Council District Map - Tentative
Tuesday, March 15, 2022
RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Open and conduct Public Hearing No. 5 to receive public comments regarding the 2022 designated map containing the proposed adjustments to the boundaries of the City Council districts, and other matters related to the adjustments of boundaries for Council district elections; and

2. Receive the Staff Report, consider all public testimony, ask questions of Staff; and

3. Close the Public Hearing; and

4. Waive full reading, read by title only, and introduce for first reading Ordinance No. O-2022- 02, an Ordinance of the City Council of the City of Placentia, California, adjusting the boundaries of the City Council Districts and adopting a new Council District map based on the results of the 2020 U.S. Census with the adjusted boundaries and identification number of each electoral district.

DISCUSSION:

The City of Placentia adopted a district -based voting system in 2016. Following the 2020 Census, the City is required to review new population data and to rebalance the population of its City Council election districts. Per the California Elections Code, the City Council is required to adopt a new district map or, if appropriate, readopt the existing district map following a series of public

City Council Agenda
March 1, 2022

Page 3 of 4 ends

hearings. As required by law, the City Council districts must be "substantially equal in population" based upon the results of the 2020 Census. The districts are also required to comply with the United States Constitution, the California Constitution, California Elections Code, and the federal Voting Rights Act of 1965. The districts must now also be in compliance with the Fair Maps Act ("Act"), which was adopted by the California Legislature as AB 849 and took effect January 1, 2020. Under the Act the City Council must, to the extent practicable, draw and adopt City Council district boundaries using the following criteria in the listed order of priority (Elections Code 21621(c)):

1. Comply with the federal requirements of equal population and the Voting Rights Act

2. Geographically contiguous

3. Undivided neighborhoods and "communities of interest"

4. Easily identifiable boundaries

5. Compact (do not bypass one group of people to get to a more distant group of people)

6. Shall not favor or discriminate against a political party The process to redraw the district boundaries is set forth in the California Elections Code. District boundary maps have been drawn by the City's professional demographer, NDC, in consultation with the City's legal counsel and the City Clerk's Office based upon the 2020 Census data, criteria in the law, and public input. This public hearing is the fifth of several public hearings to receive input from the Placentia community regarding the review of the proposed City Council district boundaries. A total of at least four (4) hearings are required; at least one (1) hearing must be held before a map is proposed, and two (2) public hearings are required after the City Council has proposed a map or maps. This meeting is the second of those hearings. Assuming the City Council does not designate a different map; the public hearing requirements will have been met and the Council may move forward with adopting an ordinance.

The City has also created a redistricting page on the City's website at https://www.placentia.org/944/City-Council-District-Boundaries , which has been used as a central location for all information related to the redistricting process. This page contains a link to a mapping tool which can assist the community in submitting draft district maps. Map submissions and inquiries about the redistricting process may be sent to cityclerkpplacentia.orcm. The City has met all of the public outreach requirements of state law.

FISCAL IMPACT:

The fiscal impact to the City will consist of a demographer, special legal counsel, newspaper publishing of public hearing notices for two (2) languages, and translation of public hearing notices and agendas into Spanish. The cost to date has been $19,290.37. The final cost to the City will not be realized until completion of the process to adjust the district boundaries.

City Council Agenda
March 1, 2022

Page 4 of 4 ends

Prepared by:

Karen O'Leary
Deputy City Clerk Deputy City Administrate
Reviewed and approved:
‘o
Reviewed and approved:
(J.0 1sti Sfriii is
Craig A. Steele
Special Counsel, RWG Law
For
nna Ramirez
Reviewed and approved:

Damien _ ' . Arrula
City Administrator
Attachments:

1. Draft Map — Public Map 3 (Revised and Renumbered)

2. 2019 Adjusted Map and Corresponding Demographic Data

3. Notice of Public Hearing No. 5 and Spanish Translation

4. NDC Report on Placentia Redistricting, February 15, 2022

5. Proposed Ordinance O-2022-02, Adopting a Map with Adjusted Boundaries a. Exhibit A — 2022 Adjusted Map and Demographics

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City of Placentia
Redistricting 2022
Public Map 3
With Council -directed
numbering, 2/11/2022
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©2021 CALIPER
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ATTACHMENT 1

Public Map 3 Revised - Renumbered
District
1 2 3 4 5
Total
Total Pop
10547 10,443 10,599 i 9,923 I 10,414
51,926
Deviation from ideal
162
58 214 -462
1 29
I 676
% Deviation

1.56%
0,56%
2 06% -4.45%
0 28%

6.51%
Hisp

75.7%
25%
30% 23%
36%
38%
% NH White
14%
38%
37%
55%
40%
37%
Total Pop
NH Black
2% 2%
3%
2%
2%
2%
% Asian -American
6% 33%
27% 18%
1 20%
21%
Total
4,815 7,158
I 7,952 I 7,740 , 7,288
34,954
%Hisp
62% 18%
22% 24% 39%
31%
Citizen Voting Age Pop
% NH While
26% 50%
51%
60%
47%
{ 48%
%NH Black
2% 1%
5%
4%
1%
3%
%Asian/Pac.lsl.
9% 31 /0
23%
12%
13%
18%
Total
3,743 6,774
6,341
6,862 6,674
30,394
Latino est
9%
19%
26%
18% - 30%
27%
% Spanish -Surnamed
"°'
24%
16% I 27%
25%
Voter Registration
(Nov 2020)
% Asian -Surnamed
14%
9% 10%
12%
Filipino -Surnamed
2%
1%
2%
2%
% NH White est
55%
70%
1 59%
57%
%NH Black
3% 1%
4%
3% 1%
2%
Total
2,864 5,986 I 5,530
1 6,197
5,853
26,430
% Latino est
56% 16%
25% 17%
29%
26%
Spanish -Surnamed
52%
17%
23% 16%
26%
24%
Voter Tumoul
(Nov 2020)
%Asian -Surnamed
5%
17%
1 14%
9%
10%
12%
Filipino -Surnamed
2% 2% 2%
1%
2%
2%
NH White est,
28% 63% 57% 71%
60%
59%
%NH Black
3% 1% 4% 3%
1%
2%
Total
1,794 4,299 3,668 4,664
4,423
18,848
Latino est
55% 15%
22% 15%
27%
23%
% Spanish -Surnamed
50%
14%
20%
14%
25%
21%
Voter Turnout
(Nov 2018)
%Asian-Sumamed
4%
14%
12%
7%
8%
9%
% Filipino -Surnamed
1% 2%
1%
1%
1%
1%
% NH White est.
30% 68%
62%
74%
64%
64%
%NH Blackest.
3% 1%
4%
4%
1%
2%
ACS Pop. EsL
Total
10,767 9,550 11,088 10,588
9,951
51,942
age0-19
32% 24%
25%
25%
22%
25%
Age
age20-60
55%
48%
61%
51%
55%
54%
age60plus
12%
29% 14%
, 24%
23%
20%
immigrants
37%
27%
21 %
15%
23%
25%
Immigration
naturalized
79%
77%
27%
67%
55%
56%
english
30% 66%
69%
77%
66%
62%
spanish
63% 11%
14%
7%
21%
24%
Language spoken at home
asian-tang
3%
17%
7%
10%
11%
11%
other lang
4%
7%
5%
4%
5%
5%
Language Fluency
Speaks Eng. "Less than Very Well"
29% 14%
12%
8%
9% j
14%
hs-grad
39%
33%
l 43% 40%
42%
40%
Education
(among those age 25+)
bachelor
13%
35% 26% 26%
24%
26%
graduatedegree
5%
19% 13% 16%
.
14%
14%
Child in Household
child-underl8
45% 32% 41% 34% 33%
37%
Pct of Pop. Age 16+
employed
69% 64% 76% 64%
68% 1
68%
income 0-25k
22% 9% 6%
8%
9%
11%
income 25-50k
27% 15% 8%
10%
15%
14%
Household Income
income 50-75k
19% 8%
16%
15%
17%
15%
income 75-200k
29%
46%
54%
54%
47%
47%
income 200k -plus
3%
22%
15%
13%
12%
13%
single family
47% 84%
72%
90%
75%
74%
multi -family
53% 16%
28%
10%
25%
26%
Housing Slats
rented
69% 23%
36%
21%
33%
35%
owned
31% 77%
64%
79%
67%
65%
Total population data from the 2020 Decennial Census,
Surname -based Voter Registration and Turnout data from the California Statewide Database, Leine voter repnpobon sod turnout dens are Spanuh•eomame mooch adl eted uNq Curreur Puputlllon Oepedmon! undercount eelanatee NH Vote and NH Bieck rapletmoan atd turnout counts estimated by HOC. Citizen Voana Ape Pap.. Ape. knnrlge llort. and other demogeephkn loam the 2010-7015 American Community Survey and
$k{a1 Tabulation 5-yrar dm,
Maptit e
02/14/2022 2:33 ATTACHMENT 1 Page 1 of 1

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City of Placentia - 2019 Ad'usted
Map
District
! 1
2 3 4
5 Total
Total Pop
10,685
9,696
10,081 17,044
10,050
50,555
(Estimated After
Block Splits)
Deviation from ideal
574
-415
-30 -67
-61
989
% Deviation

5.67%
-4.11%
0,30% -0.66%
-0.61%

9.78%
Demographic darn below are ealcula[ed based on whole, umspNe Census Blocks Total Pop
% [-lisp
80%
37%
25% 16%
l7%
36%
% NI I White
12%
43%
50% 57%
66%
45%
% NI I Black
2%
2%
3% 2%
1%
2%
% Asian -American
5%
16%
21% 24%
14%
16%
Voting Age Pop
Total
7,651
7,651
7,592 7,730
7,480
38,104
% I lisp
75%
34%
22% l4%
54% 59%
15%
69%
32%
49%
°/ NI I White
16%
46%
% NI I Black
2%
2%
3% 2%
1%
2%
% Asian -American
6%
16%
20% 24°/
14%
16%
Citizen Voting Age
Pop
Total
4,005
6,819
7,162 7,341
7,252
32,578
% [ Iisp
61%
28%
26% 17%
17%
27%
% Nil White
25%
51%
53% 57%
66%
53%
% NI I Black
1%
3%
2% 2%
l%
2%
% Asian/Pac.Isl.
13%
16%
18% 23%
16%
18%
Voter Registration
(Nov 2016)
Total
2,785
5,075
5,527 6,648
6,398
26,432
% Latino est
54%
34°/
22% 17%
18%
25%
% Asian -Surnamed
7%
8%
11% 12%
8%
10%
% Filipino -Surnamed
2%
1%
1% 2%
1%
1%
% Spanish -Surnamed
49%
30%
19% 16%
16%
23%
% NI I White est.
29%
54%
63% 64%
72%
60%
% NE I Black
1%
3%
2% 2%
1%
2%
Voter "Turnout
(Nov 2016)
'Total
2,011
4,028
4,402 5,466
5,347
21,253
% Latino
52%
32%
20% 17%
17%
24%
% Asian -Surnamed
6%
8%
10% 1l%
7%
9%
%Filipino -Surnamed
1%
1%
1% 2%
1%
1%
% Spanish -Surnamed
% NI -I White est
46%
32%
29% _
56%
18% 15%
15%
74%
21%
65% 66%
63%
% NI -I Black
1%
3%
2% 2%
1%
2%
Voter'I'umout
(Nov 2014)
Total
914
2,041
2,064 2,735
3,178
10,931
% Eat ino
37%
22%
16% 11%
11%
16%
% Asian -Surnamed
7%
6%
8% 8%
5%
7%
% Filipino -Surnamed
1%
1%
l% 1%
0%
1%
NI -I White est
43%
67%
73% 75%
84%
73%
% NI I Blackest
1%
3%
2% 1%
0%
1%
ACS Pop. Est.

Total
11,221
10,007
10,603 10,453
9,680
51,964
Age
age0-19
34%
24%
27/° 25%
23%
27%
agc20-60
56%
62%
57% 52%
51%
56%
age60plus
10%
15%
15% 23%
26%
18%
Immigration
immigrants
42%
31%
21% 23%
17%
27%
naturalized
26%
41%
59% 63%
63%
45%
Language spoken at
home
english
26%
52%
69% 69%
78%
58%
spanish
asian-lang
64%
30%
9%
l4°/ 14%
8%
9%
27%
10%
6%
12% 12%
other lang
3%
9%
5% 5%
5%
5%
Language Fluency
Speaks Log. "Less
than Very Well"
35%
20%
10% 13%
8%
17%
Education (among
those age 25+)
hs-grad
40%
49%
54% 52%
51%
49%
bachelor
12%
20%
27% 27%
28%
23%
graduatedegrec
6%
13%
10% 13%
17%
12%
Child in I Iouschold
child-undcel8
45%
32%
40% 33%
29%
36%
Work (percent of
pop age 16+)
employed
63%
64%
65% 60%
57%
62%
Commute on Public
Transit
7%
3/
1% 1%
1%
3%
[Iouschold Income
income 0-25k
23%
18%
11% 14%
9%
14%
income 25-50k
29%
21%
l3% 12%
14%
17%
income 50-75k
17%
17%
16% 14%
13%
15%
income 75-200k
26%
40%
52% 49%
51%
44%
income 200k -plus
4%
5%
8% 12%
14%
9%
f-lousingStats
single family
53%
_
51%
77% 85%
91%
72%
multi -family
47%
49%
23% 15%
9%
28%
vacant
4%
6a°/°
4/ 2%
2%
3%
occupied
96/
94%
96% 98%
98%
97%
rented
61%
58%
_
33% 21%
16%
37/s
owned
39%
42%
67% 79%
84%
63%
Total and Voting Age population data from the 2010 D cennial Census Surname -based Voter Registration and' turnout data from the California Statewide Database, Latino voter registration and turnout data arc Spanish -surname counts adjusted using Census Population Department undercount estimates N11 White and NI I Black registration and turnout counts estimated by NDC Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2011-2015 American Community Survey and Special Tabulation 5 -year data.

CHMENT 2

CITY OF PLACENTIA

NOTICE OF PUBLIC HEARINGS

VOTING DISTRICT BOUNDARIES
NOTICE IS HEREBY GIVEN THAT the City Council of the City of Placentia will conduct a public hearing per Elections Code Section 10010 in the Council Chambers of Placentia City Hall, 401 East Chapman Avenue, at 7:00 p.m., Tuesday, March 1, 2022 in which the Council will:

Receive input from the community regarding the review of the City Council election district boundaries and introduce the ordinance establishing district boundaries and the map designated for adoption.

This will be the second of two (2) public hearings required after the City Council has designated a map for adoption. The purpose of this hearing is to receive public input regarding the designated map. The proposed map and the sequence of elections will be available starting February 24, 2022 at the following locations:

Placentia Library, 411 E. Chapman Avenue
Placentia City Hall, City Clerk's Office, 401 E. Chapman Avenue Whitten Community Center, 900 S. Melrose Street
On the City's website at www.placentia.org , City Council District Boundaries The public is invited and encouraged to attend the public hearing and comment on the matters described above. Due to time constrains and the number of persons wishing to give oral testimony, each speaker will be limited to five (5) minutes.

If you have any questions or wish to review material relating to this matter, please contact the City of Placentia City Clerk's Office.

Karen O'Leary, Deputy City Clerk
City of Placentia
Published: Saturday, February 19, 2022 - OC Register
Posted: Thursday, February 17, 2022
ATTACHMENT 3

CIUDAD DE PLACENTIA

AVISO DE AUDIENCIAS PUBLICAS

VOTACION DE LIMITES DEL DISTRITO
POR LA PRESENTE SE NOTIFICA QUE el Concejo Municipal de Ia Ciudad de Placentia Ilevara a cabo una audiencia publica segun la Seccion 10010 del Codigo Electoral en las Camaras del Concejo del Ayuntamiento de Placentia, 401 East Chapman Avenue, a las 7:00 p. m., Martes 1 de Marzo de 2022 en el que el Concejo Recibir aportes de la comunidad con respecto a la revision de los limites del distrito electoral del Concejo Municipal y presentar la ordenanza que establece los limites del distrito y el mapa designado para adopcion.

Esta sera la segunda de dos (2) audiencias publicas requeridas despues de que el Concejo Municipal haya designado un mapa para adopcion. EI proposito de esta audiencia es recibir opiniones del publico sobre el mapa designado. EI mapa propuesto y la secuencia de elecciones estaran disponibles a partir del 24 de Febrero de 2022 en los siguientes lugares:

Placentia Library, 411 E. Chapman Avenue
Placentia City Hall, City Clerk's Office, 401 E. Chapman Avenue Whitten Community Center, 900 S. Melrose Street
En el sitio web de la Ciudad en www.placentia.org , Limites del Distrito del Concejo Municipal
EI publico esta invitado y alentado a asistir a la audiencia publica y comentar sobre los asuntos descritos anteriormente. Debido a limitaciones de tiempo y al numero de personas que deseen dar testimonio oral, cada orador estara limitado a cinco (5) minutos.

Si tiene alguna pregunta o desea revisar el material relacionado con este asunto, comuniquese con Ia Oficina del Secretario Municipal de la Ciudad de Placentia.

Karen O'Leary, Deputy City Clerk
City of Placentia
Publicado: Sabado, 19 de Febrero de 2022 — Registro OC
Publicado: Jueves, 17 de Febrero de 2022
ATTACHMENT 3

National Demographics Corporation
NDC Report on Placentia Redistricting
I. Summary of Key Elements of the Proposed Maps
Feb. 16, 2022
Map
Dev.

Highest
Lat. CVAP
Contiguous
Santa Fe
Alta Vista
Major
Roads
Compact
Current

9.9%*
65%*
No
Whole (D1)
Whole (D4)
Some
No
Public 3 Rev

6.5%
62%
Yes
Whole (D1)
Whole (D2)
Highly
Highly
Public 8
Public 9

7.6%
62%
Yes
Whole (D1)
Whole (D2)
Highly
Highly

4.5%
62%
Yes
Whole (D1)
Whole (D2)
Highly
Highly
* Note: The current district map row provides an estimate of the deviation and LCVAP. It would require dividing Census Blocks to draw the map in perfectly.

II. Alignment between current and proposed district maps Public Map 3 Revised
Old District
ti
a
1 2 3 4 5
1 9,094 1,453
2 1,535 599 4,909 3,400
3 9,150 1,449
4 1,936 3,723 4,264
5 8,002 2,412
Public Map 8
Old District
Q
a
1 2 3 4 5
1 86% 14% 0% 0% 0%
2 14% 6% 0% 49% 34%
3 0% 0% 83% 14% 0%
4 0% 0% 17% 37% 42%
0% 80% 0% 0% 24%
5 Old District Old District
.ti
1 2 3 4 5
1 9,094 1,453
2 1,535 599 4,909 3,400
3 9,150 1,449
4 1,936 3,723 4,147
5 8,002 2,529
Public Map 9
ti
ti
A
1 2 3 4 5
1 86% 14% 0% 0% 0%
2 14% 6% 0% 49% 34%
3 0% 0% 83% 14% 0%
4 0% 0% 17% 37% 41%
5 0% 80% 0% 0% 25%
Old District Old Dirlrrs'
1 2 3 4 5
1 9,094 1,453
2 1,535 599 4,909 3,400
3 9,150 1,449
4 1,936 3,723 4,264
5 8,002 2,207
1 2 3 4 5
1 86% 14% 0% 0% 0%
2 14% 6% 0% 49% 34%
3 0% 0% 83% 14% 0%
4 0% 0% 17% 37% 42%
5 0% 80% 0% 0% 22%
ATTACHMENT 4

ORDINANCE NO. O-2022-02

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, ADJUSTING THE

BOUNDARIES OF THE CITY COUNCIL DISTRICTS AND

ADOPTING A NEW COUNCIL DISTRICT MAP BASED ON
THE RESULTS OF THE 2020 U.S. CENSUS WITH THE

ADJUSTED BOUNDARIES AND IDENTIFICATION

NUMBER OF EACH ELECTORAL DISTRICT
City Attorney Summary
This Ordinance would amend Section 2.10.010 of Chapter 2.10 of the City of Placentia Municipal Code to adjust the boundaries of the City Council voting districts based on the results of the 2020 U.S. Census. Pursuant to Elections Code Section 21621 and subsection (D) of Section 600 of the City Charter, the City Council is required to review the boundaries of voting districts and re -adopt district boundaries following each U.S. Census to ensure that voting districts remain substantially equal in population and still protect the rights of members of communities of interest to vote for the candidates of their choice. This Ordinance adjusts the boundaries of the City Council districts and adopts a new City Council district map based on the results of the 2020 Census with adjusted boundaries and an identification number for each City Council district.

A. Recitals
(i) At the City's General Municipal Election held on November 8, 2016, the City's electorate approved a Charter amendment to establish by -district elections for the five members of the City Council.
(ii) On June 19, 2018, the City Council adopted Ordinance No. O-2018-02 adding Chapter 2.10 to the Placentia Municipal Code entitled "City Council District Boundaries" and adopting the Olive Map, renamed "Council District Map," establishing the boundaries and identification number of each electoral district. (iii) On July 23, 2019, the City Council adopted Ordinance No. O-2019-04 to amend Section 2.10.010 of the Placentia Municipal Code and adjust the City Council district boundaries as set forth in the 2019 Adjusted Map. (iv) Pursuant to Elections Code Section 21621 and subsection (D) of Section 600 of the City Charter, the City Council is required to review the boundaries of voting districts and re -adopt district boundaries following each decennial U.S. Census to ensure that voting districts remain substantially equal in population and still protect the rights of members of communities of interest to vote for the candidates of their choice. (vi) City Council district boundaries must comply with the United States Constitution, the California Constitution, the California Elections Code, and the federal Voting Rights Act of 1965.

Ordinance O-2022-02 ATTACHMENT 5

Page 1 of 4 ends

(vii) The Fair Maps Act, which was passed by the California Legislature as AB 849 and became effective on January 1, 2020, requires the City Council to adopt district boundaries based on the current Census data using the following four criteria set forth in order of priority: (1) voting districts must be geographically contiguous; (2) voting district boundaries must respect and incorporate local neighborhoods or local communities of interest; (3) voting district boundaries should be easily identifiable and understandable by residents; and (4) voting district boundaries should encourage geographical compactness.
(viii) In accordance with Elections Code Sections 21627 and 21627.1, the City Council held multiple duly -noticed public hearings to receive input from the Placentia community regarding the composition of the City Council district boundaries. These public hearings were held on October 5, 2021, January 19, 2022, February 10, 2022, February 16, 2022, and March 1, 2022. The proposed maps of the district boundaries were all published on the City's redistricting webpage. Notice of each redistricting public hearing was published in the Placentia News Times pursuant to the requirements of Elections Code Section 21628(c).
(ix) On February 16, 2022, the City Council selected one of the proposed district maps establishing the district boundaries and identification number of each electoral district, which is attached hereto as Exhibit "A" with demographic data supporting the map based on 2020 U.S. Census data. Pursuant to Elections Code Section 21628(d)(1), the selected district map was published on the City's redistricting webpage on February 18, 2022
B. Ordinance
NOW, THEREFORE, the City Council of the City of Placentia does hereby find, determine and ordain as follows:

SECTION 1. Section 2.10.010 of Chapter 2.10 of the Municipal Code is hereby amended to read as follows:
"2.10.010 District Boundaries. Pursuant to Section 600 of the City Charter, the boundaries for the five (5) City Council districts and the identification number of each district shall be as described on the Council District Map attached hereto as Exhibit "A" and incorporated herein by this reference." SECTION 2. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or Section 2.10.010 is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council of the City of Placentia hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Ordinance O-2022-02 ATTACHMENT 5

Page 2 of 4 ends

SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

INTRODUCED at a regular meeting of the City Council of the City of Placentia held on March 1, 2022.

PASSED, APPROVED AND ADOPTED this day of 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 Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 1st day of March 2022 and adopted at a regular meeting of the City Council of the City of Placentia, held on the day of , 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney
Ordinance O-2022-02 ATTACHMENT 5

Page 3 of 4 ends

Exhibit A
City of Placentia
Council District Map
with Demographics
Ordinance O-2022-02 ATTACHMENT 5

Page 4 of 4 ends

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EXHIBIT A

Public Map 3 Revised - Renumbered
District
1 2 3 4 5 Total
Total Pop
10,547 10,443 10,599 9,923 10,414 51,926
'Deviation from ideal
102 56 214
-462
29 676
% Deviation

1.56% 0.56% 2 06%
-4.45%
0,28% 6.51%
% Hisp

75.7%
25%
30%
23%
36%
36%
Total Pop
% NH White
14%
I 38%
37%
55%
40%
37%
% NH Black
2%
2%
3%
2%
2%
2%
% Asian -American
6%
33%
27%
18%
20%
21%
Total
4,815
7,158
7,952
7,740
7,288
34,954
%Hisp
62%
18%
22%
24%
39%
31%
Citizen Voting Age Pop
% NH White
26%
50%
51%
60%
47%
48%
% NH Black
2%
1%
5%
4%
1%
3%
% Asian/PaclsL
9%
31%
23%
12%
13%
18%
Total
3,743
6,774
6,341
6,862
6,674
30,394
% Latino est
59%
19%
26%
18%
30%
27%
% Spanish -Surnamed
54%
17%
24%
16%
27%
25%
Voter Registration
(Nov 2020)
% Asian -Surnamed
5%
18%
14%
9%
10%
12%
% Filipino -Surnamed
% NH White est,
2%
26%
2%
61%
2%
55%
1%
70%
2%
59%
2%
57%
%NH Black
3%
1%
4%
3%
_ 1%
2%
Total
2,864
5,986
5,530
6,197
1 5,853
26,430
% Latino est
56%
18%
25%
17%
29%
26%
% Spanish -Surnamed
52%
17%
23%
16%
26%
24%
Voter Turnout
(Nov 2020)
%AsianSumamed
5%
17%
14%
9%
10%
12%
% Filipino -Surnamed
2%
2%
2%
1%
2%
2%
% NH White est,
28%
63%
57%
71%
60%
59%
% NH Black
3%
1%
4%
3%
1%
2%
Total
1,794
4,299
3,668
4,664
4,423
18,848
% Latino est
55%
15%
22%
15%
27%
23%
% Spanish -Surnamed
50%
14%
20%
14%
25%
21%
Voter Turnout
(Nov 2018)
% Asian -Surnamed
4%
14%
12%
7%
8%
9%
% Filipino -Surnamed
1%
2%
_
1%
1%
1%
1%
% NH White est
30% 68%
62%
74%
64%
64%
%NH Blackest,
3% 1%
4%
4%
1%
2%
ACS Pop. Est
Total
10,767 9,550
11,086
10,588
9,951
51,942
age0-19
32%
24%
25%
25%
22%
25%
Age
age20-60
55%
48%
61%
51%
55%
54%
20%
age60plus
12% 29%
14%
24%
23%
Immigration
immigrants
37% 27%
21%
15%
23%
25%
naturalized
27% 79%
77%
67%
55%
56%
english
30% 66%
69%
77%
66%
62%
24%
Language
spanish
63% 11%
14%
7%
21%
spoken al home
asian-lang
3% I 17%
11% 11%
7%
10%
other lang
4% 7%
5% 4%
5%
5%
Language Fluency
Speaks Eng. "Less than Very Well"
29% 14%
12% I 8%
9%
14%
hs-grad
39% 33%
43% 40%
42%
40%
26%
14%
Education
(among those age 25+)
bachelor
13% 35%
26% 28%
24%
graduatedegree
5% 19%
13% G 16% 14%
Child in Household
child-underl8
45% 32% 41% 34% 33% 37%
Pct of Pop. Age 16+
employed
69% 64% 76% 64%
68% 68%
income 0-25k
22% 9% 6% 8%
9% 11%
income 25-50k
27%
15% 8% 10%
15%
14%
Household Income
income 50-75k
19%
8% 16% 15%
17%
15%
income 75-200k
29%
46% 54% 54%
47%
47%
income 200k -plus
3%
22% 15% 13% _
12%
13%
single family
47% 84% 72% 90%
75%
74%
Housing Stats
multi -family
53% 16% 28% 10%
25%
26%
rented
89% 23%
36%
21%
33%
35%
owned
31% 77%
64%
79% 67% r
65%
Total population data from the 2020 Decennial Census,
Surname -based Voter Registration and Turnout data from the California Statewide Database, Latino voter registration and turnout data are Spanish -surname counts adjusted using Census Population Department undercount estimates NH White and NH Black registration and turnout counts estimated by NDC, Citizen Voting Age Pop, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5 -year data
MaptRi e
02/14/2022 2:33
EXHIBIT A Page 1 of 1

TO:

FROM:

DATE:

CITY COUNCIL

CITY ADMINISTRATOR
MARCH 1, 2022
Placentia City Council

AGENDA REPOR
SUBJECT: CITY MEMBERSHIP IN THE INDEPENDENT CITIES ASSOCIATION AND

APPOINTMENT OF DELEGATE AND ALTERNATE
FISCAL
IMPACT: $2,126.17 Annual Independent Cities Association Membership Dues SUMMARY:

The Independent Cities Association (ICA) is a 501(c)(3) nonprofit, public benefit corporation that was established in 1961 by full -service cities (cities that provide their own police and/or fire services) in Southern California to represent the interests of the member cities collectively. ICA is focused on public safety education, infrastructure, legislative advocacy, intergovernmental relationships, and other major issues that transcend the boundaries of its member cities. This action approves the City's membership and participation in the Independent Cities Association.

This action also requests for designation of a delegate and an alternate for the City of Placentia to serve as a General Member on the ICA Board of Directors.

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Approval of the City's Membership and Participation in the Independent Cities Association; and

2. Appoint City Council Members to serve as a delegate and as an alternate to serve as a General Member on the Independent Cities Association; and

3. Adoption of Resolution R-2022-09, a Resolution of the City Council of the City of Placentia, California, appointing the City's designated delegate and alternate to serve as a General Member on the Independent Cities Association.

DISCUSSION:

The Independent Cities Association is a 501(c)(3) nonprofit, public benefit corporation that was established in 1961 by the full -service cities (cities that provide their own police and/or fire services) in Southern California to represent the interests of the member cities collectively. The Independent Cities Association supports the education and awareness of its members cities

3. a.

Mar. 1, 2022

City Council Agenda
March 1, 2022

Page 2 of 3 ends

through regular seminars. These seminars serve as a source of information highlighting issues that are paramount to the members and serve as an opportunity for representatives to develop and foster relation with other member cities. The Independent Cities Association organization is currently governed by nearly 40 -member Board of Directors elected by member cities.

The Independent Cities Association is focused on public safety education, infrastructure, legislative advocacy, intergovernmental relationships, and other major issues that transcend the boundaries of its member cities.

Public Safety
One of ICA's core values is its commitment to providing tools for safe and secure communities.

ICA understands the vital importance of law enforcement and first responders and the significant impact they have upon their communities. ICA supports legislation that enhances local assistance to police and fire and any measures that will help contribute to local public safety, emergency response, and emergency preparedness. ICA also supports legislation that strengthens law enforcement efforts to prevent crime and prosecute those committing a crime.

Economy
ICA is committed to helping member cities provide a strong and diverse local economy for their constituents. ICA supports legislation that provides cities additional tools for business development, business retention, workforce development, and job creation. ICA also supports legislative actions that create new tools to encourage redevelopment and fill the void left with the dissolution of Redevelopment Agencies. ICA provides up-to-date resources that keep elected officials well informed on current issues facing economic development at the local level.

Infrastructure
Infrastructure impacts both businesses and residents and reflects upon a community's desirability.

Improving member cities infrastructure has many benefits including the growth of the economy and improving quality of life, not just in any one city but throughout the entire region. ICA supports legislation that increases funding opportunities for new local infrastructure projects including roads, highways, bridges, and public transportation, as well as maintenance of existing infrastructure. Also, ICA supports legislation that provides additional funding for water delivery, water storage, and water quality projects. ICA stresses the importance of supporting local zoning control and maintaining efficiency to avoid creating new mandates without complete funding.

Delegate and Alternate
In order for the City of Placentia to be well represented, it is imperative that the Mayor and the City Council appoint a delegate and an alternate for the City of Placentia to serve as a General Member on the Independent Cities Association and request that the delegate serve on the Independent Cities Association Board of Directors. It is important to note, that only authorized delegates on the Board of Directors are permitted to vote. A written request must be submitted to the Independent Cities Association requesting the delegate be appointed to serve on the Board of Directors.

City Council Agenda
March 1, 2022

Page 3 of 3 ends

FISCAL IMPACT:

ICA's dues are based upon the City of Placentia's 2020 population. As a result, the total annual amount fora membership in ICA is $2,126.17 for the City of Placentia.

Prepared by:
net i n -+a
ssistant to -the City Administrator/
Economic Development Manager
Reviewed and approved:

Damien R. Arrula
City Administrator
Attachment:

Resolution R-2022-09 — Independent Cities Association Delegates

RESOLUTION NO. R-2022-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PLACENTIA, CALIFORNIA, APPOINTING THE CITY'S

DELEGATE AND ALTERNATE TO SERVE AS A

GENERAL MEMBER ON THE INDEPENDENT CITIES

ASSOCIATION
A. Recitals.
(i). The Independent Cities Association is a 501 (c) (3) nonprofit, public benefit corporation that was established in 1961 by the full -serve cities (cities that provide their own police and/or fire services) in Southern California to represent the interests of the member cities collectively.
(ii). ICA is focused on public safety education, infrastructure, legislative advocacy, intergovernmental relationships and other major issues that transcend the boundaries of its member cities.
(iii). The Independent Cities Association supports the education and awareness of its member cities through regular seminars. These seminars serve as a source of information highlighting issues that are paramount to the members and serve as an opportunity for representatives to develop and foster relationships with other member cities.
(iv). In order for the City to be well represented, it is imperative that the Mayor and City Council appoint a delegate and an alternate for the City of Placentia to serve as a General Member of the Independent Cities Association. (v). A written request will be submitted to the Independent Cities Association requesting that the delegate serve on the Independent Cities Association Board of Directors.
(vi). Only authorized delegates who are on the Board of Directors are permitted to vote.

B. Resolution.

NOW, THEREFORE, THE CITY COUNCIL 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 R-2022-09 ATTACHMENT 1

Page 1 of 2 ends

2. This legislative body based on the Recitals set forth in Part A, appoint a delegate and an alternate for the City of Placentia to serve as a General Member of the Independent Cities Association.

3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.

PASSED, ADOPTED AND APPROVED this 1st day of March 2022.

Rhonda Shader, Mayor
Attest:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney
Resolution R-2022-09 ATTACHMENT 1

Page 2 ends

TO:

VIA:

FROM:

DATE:

Placentia City Council

CITY COUNCIL

CITY ADMINISTRATOR

INTERIM DIRECTOR OF FINANCE
MARCH 1, 2022
SUBJECT: MID -YEAR BUDGET REPORT
FISCAL
IMPACT:

Fund
General Fund
Special Revenue
Internal Service
Other Agencies
SUMMARY:

Total

AGENDA REPORT
Revenues
(Including Transfers -In)
$9,786,038
$5,300,845
$441,035
$0
$15,527,918
Appropriations
(Including Capital &
Transfers -Out)
$9,022,076
$5,596,046
$472,865
$22,571
$15,113,558
Upon the deliberation and adoption of the Fiscal Year 2021-22 Budget, Staff indicated that due to the unknown effects of COVID-19, Staff would establish a conservative General Fund operational budget and present comprehensive quarterly reports. This mid -year report is developed and presented to the Council to provide the most current information on the financial activities of the City on which to base decisions. Additionally, these types of quarterly reports assist City departments in communicating their financial operations throughout the fiscal year including any program changes and significant impacts to their annual budgets, as well as gauging the City's budget plan as compared to actual revenue and expenditures. This report includes requested departmental budget adjustments and preliminary year-to-date actuals covering the period through January 31, 2022.

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Approve Resolution No. R-2022-10, a Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2021-22 in compliance with City Charter of the City of Placentia Section 1206 pertaining to appropriations for actual expenditures; and

3. b.

Mar. 1, 2022

City Council Agenda
March 1, 2022

Page 3 of 6 ends

• Measure U Transfers -In — an increase of $245,600 due to revised estimates based upon actuals to date.

General Fund
Budgeted Requirements
Amended
1/31/2022
Requested
Adjustment
Proposed
Department
Legislative
1,082,623
45,000
1,127,623
Administration
5,377,193
3,996
5,381,189
Finance
1,307,688
(15,793)
1,291,895
Development Services
1,367,728
152,219
1,519,947
PublicSafety- Police
11,860,565
64,860
11,925,425
Public Safety - Animal Control
-
-
-
Fire & Life Safety
4,352,188
(340,394)
4,011,794
Public Works
4,195,105
167,280
4,362,385
Community Services
2,375,500
134,160
2,509,660
General Government
4,388,382
-
4,388,382
Debt Service
4,748,300
4,000
4,752,300
Total Department
41,055,272
215,326
41,270,598
Capital Improvement Program
546,870
8,806,750
9,353,620
Transfers Out
53,000
-
53,000
Total Requirements
41,655,142
9,022,076
50,677,218
Expenditure budget adjustment requests include the following:
• Legislative — An increase in expenditures of $45,000 is due to anticipated increase of costs related to legal review of redistricting, hiring a demographer to redraw districts and anticipated litigation.
• Administration — a net increase in expenditures of $3,996 due to net changes salaries and benefits of $(102,404) resulting from an adjustment of known vacancies in approved positions and changes due to new MOU agreement between bargaining units. Additionally due to staff turnover and labor negotiations an increase of $78,000 is requested for management consultant services. An increase of $8,000 to cover outstanding commitments and $20,000 for technology purchases.
• Development Services — a net increase of $152,219 due to a $97,219 net salary and benefits adjustment resulting from new MOU agreements and known vacancies, Fire plan check services of $20,000 which are backed by City fees, and $35,000 for department contract services for plan checks backed by fees.
• Public Safety — Police — a net increase in expenditures of $64,860 due to a net decrease of $86,640 salary and benefits adjustment resulting from new MOU agreements and known

City Council Agenda
March 1, 2022

Page 4 of 6 ends

vacancies, an additional $150,000 of Overtime due to vacancies, and Postage of $1,500 to ship back rifles to the Federal Government.
• Fire & Life Safety — a net decrease in expenditures of $(340,394) due to new MOU agreements and known vacancies.
• Public Works — a net increase in expenditures of $167,280 due to an increase of $11,890 resulting from new MOU agreements and known vacancies, $15,000 for CASPs/ADA inspections, $25,000 for assistance with traffic maintenance software, $5,000 for new decorative street signs, $50,000 for building upgrades/repairs, $10,300 for software utilized at the City yard, and $50,000 for repairs to the City's fleet. • Community Services — a net increase of $134,160 consists of net salary and benefits adjustment of $47,210 for new MOU agreements and known vacancies, $72,550 for repair and maintenance/facilities expense for required park, irrigation and landscaping repairs, $1,000 for office supplies, and $3,400 for new community furniture • Capital Improvement Program — an increase in expenditures of $8,806,750 due to obtaining the final ruling for ARPA that allowed the City to take the full ARPA allocation as revenue loss for the City. Significant projects that were added include $3,829,677 for TOD/Crowther Sewer Project, $2,000,000 City Hall HVAC replacement, $400,000 Civic Center Solar and Storage project, $600,000 City Hall roof replacement, $560,000 Public Safety Building design, and $600,000 for Senior/Community Center designs.

Special Revenue Funds: The Special Revenue Fund 2021-22 Amended Budget as of January 31, 2022 includes net revenues of $25.4 million and expenditures of $31.2 million. The proposed budget adjustments in the 2021-22 Mid -Year Budget Report include an increase in net revenues of $5.3 million and an increase in net expenditures of $5.2 million. Approval of this item will result in a net increase of $144,799 in the Special Revenue Fund budgetary fund balance. Notable adjustments include:
• COVID-19 Relief — an increase in revenue of $4,544,465 for unearned revenue from FY20- 21 recognized in the current year. With the final ARPA ruling, the City is able to claim up to its allocation as revenue loss, thus $9.0 million will be transferred to the General Fund as revenue loss.
• Measure U — an increase in revenue of $614,000 due to a forecast based on actuals year- to-date. An increase in expenditures of $365,600 to transfers out based on Policy 460, $250,000 for Main St Parking Lot improvements and $90,000 for Hazard Mitigation plan. • Miscellaneous Grants Fund — a net fund change of $55,880 is due to revenues of $280,000 related to the OCTA grant for the Bicycle Corridor project, CalTrans Public Art program $70,000 and $100,000 grant permit tracking software that was not carried over from prior year. A decrease of revenue and expenditures of $(276,600) for the STRONG grant was removed until the City receives the final approval letter.

City Council Agenda
March 1, 2022

Page 5 of 6 ends

• NOC — Public Safety Grant — an increase of $7,000 of revenue based on the final anticipated award of the grant and extension of the grant for two years. With the extension of the grant an increase of $122,366 of expenditures for one officer and program expense. • Quimby In Lieu — a decrease of $280,000 for the Bicycle Corridor project to be covered by OCTA grant.

Internal Service Funds: The Risk Management internal service fund 2021-22 Amended Budget includes revenues and expenditures of $1.7 million. The proposed budget adjustment in the 2021- 22 Mid -Year Budget Report includes an increase in revenues of $441,035 and an increase in expenditures of $441,035, and approval of this item will result in any changes in the Risk Management budgetary fund balance.

Classification Actions: The 2021-22 Mid -Year Budget Report includes the following classification actions:
• Addition of one (1) Director of Human Resources, one (1) Risk Manager and one (1) IT Manager.
• Reclassification of one (1) Part Time HR Clerical Aide to one (1) Full Time HR Office Clerk • Reclassification of one (1) Human Resource Tech to one (1) Senior Human Resource Tech
• Reclassification of one (1) Human Resource Analyst to one (1) Senior Human Resource Analyst
• Reclassification of one (1) Office assistant (City Clerk) to one (1) Administrative Specialist • Reclassification of one (1) Office Assistant (Administration) to one (1) Administrative Assistant.
• Reclassification of one (1) IT Management Analyst to one (1) IT Tech - GIS Staff does not anticipate the need for additional funding in this Fiscal Year. Adequate funding is available in the subsequent Fiscal Years to cover the costs of the positions mentioned above.

Following the approval of the 2021-22 Mid -Year Budget Report which includes the associated required budget appropriation for the positions added above, Staff will return to Council for approval of an amended Position Allocation Plan to encompass all the classification actions above.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is summarized below with the detailed budget adjustments as listed in Exhibit A (attached).

Damien R. Arrula
City Administrator
City Council Agenda
March 1, 2022

Page 6 of 6 ends

Fund
Revenues
(Including Transfers -In)
Appropriations
(Including Capital &
Transfers -Out)
General Fund
$9,786,038
$9,022,076
Special Revenue
$5,300,845
$5,439,464
Capital Projects
$0
$0
Internal Service
$441,035
$472,865
Other Agencies
_ $0
$22,571
Total
$15,527,918
$15,113,558
Based upon preliminary 2021-22 projections, it is anticipated that the General Fund Reserve balance will increase by an additional $211,326 for a total available fund balance of $14.4 million of which $5.4 million of the reserve is above the 25% operating reserve goal This increase is mainly due to City Council's decision to uncommit funds set aside for the Metrolink Station. Should the City's forecast figures generally stay consistent with planned revenues and expenditures, the 2021-22 budget is on a structurally sound and fiscally sustainable path.

Prepared by:

Gavin Houn
Senior Financial Analyst Interim Director of Finance
Reviewed and approved:

Reviewed and
Attachments:

1. Mid -Year Budget Report

2. Resolution R-2022-10 — Authorizing a Budget Amendment in Fiscal Year 2021-22 a. Exhibit A — Detailed Budget Adjustments

3. Resolution R-2022-11 — Authorizing removal of Committed Fund balance designation of $3,400,000 from General Fund

4. Presentation — Mid -Year Budget Report

DRAFT
City of Placentia
2021-22 Mid -Year Budget Report
As of January 31, 2022

PLACENTIA
Rich Heritage, Bright Future
ATTACHMENT 1

City of Placentia
2021-22 Mid -Year Budget Report
By Fund Type

FUND TYPE
Unaudited
Fund Balance
7/1/2020
Budgeted Sources
Budgeted Requirements
Est. Fund
Balance
6/30/2021
Amended
1/31/2022
Requested
Adjustment
Proposed
Amended
1/31/2022
Requested
Adjustment
Proposed
General Fund
16,839,445
41,617,545
9,786,038 51,403,583
42,083,942
9,022,076 51,106,018
17,137,011
Special Revenue Funds
16,654,372
25,426,506
5,300,845 30,727,352
31,249,161
5,156,046 36,405,207
10,976,517
Debt Service
78,594
409,500
- 409,500
409,500
- 409,500
78,594
City Capital Projects
(350,441)
1,642,057
- 1,642,057
1,400,511
- 1,400,511
(108,895)
Enterprise Funds
5,605,609
6,032,100
- 6,032,100
5,419,258
20,206 5,439,464
6,198,245
Internal Service Funds
(1,775,993)
2,823,300
441,035 3,264,335
2,823,300
472,865 3,296,165
(1,807,823)
Fiduciary Funds
(46,407,971)
3,839,100
- 3,839,100
3,839,100
- 3,839,100
(46,407,971)
Other Agencies
(14,048,988)
2,102,500
- 2.102.500
2,095,200
2,365 2,097,565
(14,044,053)
Total All Funds
(23,405,373)
83,892,608
15,527,919 99,420,527
89,319,972
14,673,557 103,993,529
(27,978,376)
NOTE: Sources includes Transfers In and Requirements includes Transfers Out

Page 2 of 16 ends

City of Placentia
2021-22 Mid -Year Budget Report
General Fund Revenue
General Fund
Budgeted Sources
Amended
1/31/2022
Requested
Adjustment Proposed
Revenue
Property Taxes
17,545,700
-
17,545,700
Sales & Use Taxes
7,778,460
360,000
8,138,460
Other Taxes
6,850,985
-
6,850,985
Permits
874,900
55,000
929,900
Fines & Forfeitrues
444,200
-
444,200
Intergovernmental
274,000
-
274,000
Charges for Services
1,328,200
-
1,328,200
Miscellaneous
2,302,700
119,446
2,422,146
Total Revenue
37,399,145
534,446
37,933,591
Transfers In
Measure U Transfers -In
990,800
9,005,992
9,996,792
Reserve Contribution
-
-
-
Employee Retention
2,420,700
184,200
2,604,900
OPEB
806,900
61,400
868,300
Total Transfers In
4,218,400
9,251,592
13,469,992
Total Sources
41,617,545
9,786,038
51,403,583

Page 3 of 16 ends

ATTACHMENT 1

City of Placentia
2021-22 Mid -Year Budget Report
General Fund Expenditures by Department
General Fund
Budgeted Requirements
Amended
1/31/2022
Requested
Adjustment Proposed
Department
Legislative
1,082,623
45,000
1,127,623
Administration
5,377,193
3,996
5,381,189
Finance
1,307,688
(15,793)
1,291,895
Development Services
1,367,728
152,219
1,519,947
Public Safety - Police
11,860,565
64,860
11,925,425
Public Safety - Animal Control
-
-
-
Fire & Life Safety
4,352,188
(340,394)
4,011,794
Public Works
4,195,105
167,280
4,362,385
Community Services
2,375,500
134,160
2,509,660
General Government
4,388,382
-
4,388,382
Debt Service
4,748,300
4,000
4,752,300
Total Department
41,055,272
215,326
41,270,598
Capital Improvement Program
546,870
8,806,750
9,353,620
Transfers Out
53,000
-
53,000
Total Requirements
41,655,142
9,022,076
50,677,218

Page 4 of 16 ends

ATTACHMENT 1

City of Placentia
2021-22 Mid -Year Budget Report
Summary

FUND TYPE
Fund Name
Unaudited Fund
Balance
7/1/2021
Sources
Requirements
Estimated Fund
Balance
6/30/2021
Amended
1/31/2022
Requested
Adjustment
Proposed
Amended
1/31/2022
Requested
Adjustment
Proposed
General Fund (0010)
16,839,437.78
41,617,545.00
9,786,038.23
51,403,583 23
42,083,942.00
9,022,075.88
51,106,017.88
17,137,003 13
Rehab Reimbursements Fd (0059)

7.44 -
-
-
-
-
-

7.44 General Fund Total
16,839,445.22
41,617,545.00
9,786,038.23
51,403,583.23
42,083,942.00
9,022,075.88
51,106,017.88
17,137,010.57
Special Revenues
Air Quality Management (0019)
153,057.41
69,000.00
-
69,000 00
184,438.00
-
184,438 00
37,619 41
Asset Seizure (0021)
363,215.26
-
-
331,437.00
-
331,437.00
31,778.26
CDBG Fund (0030)
(86,783.61)
1,121,017.61
1,121,017.61
1,034,234.00
-

1.034.234.00
-
Community Fac District (0047)
48,868.59
-
-
-
-
-
-
48,868.59
COVID-19 Relief Fund (0081)
2,938.27
4,538,588.73
4,544,465.27
9,083,054 00
4,207,417.00
4,878,575.27
9,085,992.27
-
Explorer Grant NOC (0076)
167,016.20
-
166,830.00
-
166,830.00
186.20
Housing Successor Agncy (0053)
1,851,539.75
101,800 00
-
101,800.00
-
-
-
1,953,339.75
Landscape Maintenance (0029)
(75,407.85)
417,300 00
417,300.00
417,300.00
(9,888 15)
407,411.85
(65,519.70)
Measure M (0018)
659,940.93
815,000.00
815,000.00
1,474,419.00
-
1,474,419 00
521.93
Measure U Fund (0079)
3,300,982 90
8,069,000.00
614,000 00
8,683,000.00
9,398,984 00
365,600.00
9,764,584 00
2,219,398.90
Misc Grants Fund (0050)
(55,501.24)
1,726,100.00
135,380 00
1,861,480.00
1,726,478.00
79,500 00
1,805,978.00

0.76 NOC-Public Safety Grant(0061)
163,972 19
111,000.00
7,000.00
118,000 00
169,606.00
112,366 19
281,972.19
-
OCATT Fund (0077)
0 68
165,200 00
-
165,200.00
165,136.00
(8,336 00)
156,800.00
8,400 68
Park Development (0023)
20,151 41
-
-
-
-
-
20,151.41
PEG Fund (0058)
(29,729 96)
165,100.00
-
165,100.00
129,481 00
18,228.53
147,709.53
(12,339 49)
Placentia Reg Nav Cent(0078)
(789,904.79)
2,713,000 00
-
2,713,000.00
1,923,014.00
-
1,923,014.00

81.21 Public Safety CFD (0055)
31,047.24
-
-
-
-
31,047 24
Sewer Construction (0024)
21,977.35
-
-
-
-
21,977 35
State Gas Tax - RMRA (0060)
1,145,812.40
1,022,800.00
-
1,022,800.00
1,783,414.00
-
1,783,414.00
385,198 40
State Gas Tax (0017)
452.65
1,342,800 00
-
1,342,800.00
1,310,300 00
-
1,310,300.00
32,952.65
Storm Drain Constrction (0025)
24,518 30
-
-
-
24,400.00
-
24,400.00
118 30
Street Lighting Distrct (0028)
-
188,000 00
-
188,000 00
170,900.00
-
170,900 00
17,100 00
Suppl Law Enfrcmnt (0022)
152,452.07
-
-
100,000.00
-
100,000.00
52,452.07
Technology Impact Fees (0075)
334,605.36
60,000 00
-

60.000.00
218,000 00
-
218,000.00
176,605.36
Thoroughfare Constction (0026)
5,567.47
-
-
.
5,000.00
-
5,000 00
567 47
Traffic Offender Fund (0051)
5,684.88
-
-
-
-
-
-
5,684.88

Page 5 of 16 ends

ATTACAMENIT Budget Report

City of Placentia
2021-22 Mid -Year Budget Report
Summary

FUND TYPE
Fund Name
Unaudited Fund
Balance
7/1/2021
Sources
Requirements
Estimated Fund
Balance
6/30/2021
Amended
1/31/2022
Requested
Adjustment
Proposed
Amended
1/31/2022
Requested
Adjustment
Proposed
Special Revenues - Developeer Impact
Afford Housing In -Lieu (0034)
City Pub Sfty Impct Fee (0067)
City Quimby In Lieu Fee (0069)
City Traffic Impct Fees (0065)
CW Aford House ImpactFee(0068)
CW Stormdr Impact Fee (0066)
Gen Plan Update Fees (0074)
Parks & Rec Impact Fees (0063)
TOD Sewer Impact Fees (0071)
TOD Strscape Impct Fee (0072)
TOD Traffic Impact Fees (0070)
Fees
55,191.07
218,328.37
922,051.10
212,848.16
1,428,733.00
12,340.20
709,121.56
1,997,320.64
1,618,351.40
1,312,668.93
750,943.57
- - 53,500 00 - 53,500.00
201,000.00 - 201,000.00 209,830 00 - 209,830 00
575,500.00 - 575,500.00 1,277,500.00 (280,000.00) 997,500.00 281,900.00 - 281,900.00 207,995.00 - 207,995.00
754,100.00 - 754,100.00 - - -
36,700.00 - 36,700.00 12,300 00 - 12,300 00
120,000.00 - 120,000.00 225,000.00 - 225,000.00
633,600 00 - 633,600.00 2,386,279.00 - 2,386,279.00
198,000.00 - 198,000 00 1,615,969.00 - 1,615,969.00
- 220,000.00 - 220,000.00
- - - 100,000 00 - 100,000 00
1,691 07
209,498.37
500,051.10
286,753 16
2,182,833 00
36,740 20
604,121 56
244,641.64
200,382.40
1,092,668.93
650,943.57
Special Revenues Total
16,654,371.86
25,426,506.34 5,300,845.27 30,727,351.61 31,249,161.00 5,156,045.84 36,405,206.84 10,976,516.63
Debt Service
Gas Tax Bond Fund (0052)
78,594.29
409,500.00 - 409,500 00 409,500.00 - 409,500.00
78,594 29
Debt Service Total
78,594.29
409,500.00 - 409,500.00 409,500.00 - 409,500.00
78,594.29
Capital Projects
City Capital Projects (0033)
(350,440.85)
1,642,057 00 - 1,642,057.00 1,400,511 00 - 1,400,511.00 (108,894 85)
Capital Projects Total
(350,440.85)
1,642,057.00 - 1,642,057.00 1,400,511.00 - 1,400,511.00 (108,894.85)
Enterprise Funds
Sewer Maintenance (0048)
Refuse Administration (0037)
6,057,265.71
(451,656.40)
2,214,900.00 - 2,214,900.00 1,452,262 00 21,424.30 1,473,686.30 3,817,200 00 - 3,817,200.00 3,966,996 00 (1,218.42) 3,965,777.58 6,798,479.41
(600,233.98)
Enterprise Funds Total
5,605,609.31
6,032,100.00 - 6,032,100 00 5,419,258 00 20,205.88 5,439,463.88 6,198,245.43

Page 6 of 16 ends

ATTAGIVI $&iT Etudget Report

City of Placentia
2021-22 Mid -Year Budget Report
Summary

FUND TYPE
Fund Name
Unaudited Fund
Balance
7/1/2021
Sources
Requirements
Estimated Fund
Balance
6/30/2021
Amended
1/31/2022
Requested
Adjustment
Proposed
Amended
1/31/2022
Requested
Adjustment
Proposed
Internal Service Funds
Employee Health & Wlfre (0039)
Risk Management (0040)
Equipment Replacement (0041)
Internal Service Funds Total
Fiduciary Funds
Public Financing Autho(0082)
Fiduciary Funds Total
Agency Funds
Sccssr Agncy Ret Oblg (0054)
Agency Funds Total
Grand Total
19,014.90
(1,833,884.15)
38,875.91
1,143,400 00 - 1,143,400.00 1,143,400.00 - 1,143,400.00 1,679,900 00 441,035.00 2,120,935.00 1,679,900.00 441,034 70 2,120,934.70 - - - - 31,830.18 31,830.18
19,014.90
(1,833,883.85)
7,045.73
2,823,300.00 441,035.00 3,264,335.00 2,823,300.00 472,864.88 3,296,164.88 (1.775.993.34)
(1,807,823.22)
(46.407.971.39),

3.839.100.00 - 3.839.100.00 3.839.100 00 3.839.100.00
(46.407.971.39)
(46.407.971.39)

3.839.100.00 - 3.839.100.00 3.839.100.00 3,839,100.00
(46,407,971.39)
(14.048.988.31)

2.102,500 00 - 2.102.500.00 2.095.200.00 2,364.94 2,097,564.94 (14,044,053.25)
(14.048.988.31)
2,102,500.00 - 2,102,500.00 2,095,200.00 2,364.94 2,097,564.94 (14,044,053.25)
(23,405,373.21)
83,892,608.34 15,527,918.50 99,420,526.84 89,319,972.00 14,673,557.42 103,993,529.42 (27,978,375 79)

Page 7 of 16 ends

City of Placentia
2021-22 Mid -Year Budget Report
General Fund Budget Request Detail

SOURCES
Amended
1/31/2022
Explanation
Requested
Adjustment
Proposed
General Fund Sources
41,617,545
9,786,038 51,403,583
Increase in revenue of $1,121,447 primarily due to:
- General Sales & Use Taxes of $360,000 based on actuals year-to-date compared to the same period prior year.
- Transfers In of $9,005,992 due to final ruling on use of ARPA funds. City is allowed to claim ARPA Funds as loss revenue.
- Building Permits of $55,000 due to fee revenue being higher than anticipated.
- Miscellaneous Revenue of $94,446 due to reimbursement of Loan proceeds and contributions/donations
- Transfers In of $245,600 due to a revised Measure U
forecast based on actuals year-to-date.

Total Sources

41.617.545

9.786.038 51.403.583

REQUIREMENTS
Amended
1/31/2022
Explanation
Requested
Adjustment
Proposed
Department
Administration
5,377,193
3,996 5,381,189
Net Increase in expenditures of $3,996 including the following:
- Net Salaries and benefits of $(102,404) due to MOU
Agreements and vacancies
- Management Consulting Services of $78,000 for legal
services regarding labor negotiations for expiring City MOU's and HR Consultants to cover vacancies .
- Professional Services of $8,000 to cover outstanding
commitments
- Posting of $400 for overnight mailing related to employee disputes
- Additional hardward purchases including RingCentral of $20,000
Community Services
2,375,500
134,160 2,509,660
Net Increase in expenditures of $134,160 including the
following:
- Net Net Salaries and benefits of $47,210 due to MOU
Agreements and vacancies
- Repair & Maintenance of $72,550 for unanticipated repairs in irrigation, fields and pools
- Office Supplies $1,000 for a new desk for new Full time employee
- Special Department Expenses of $3,400 due to
unanticipated cost of replacing facility chairs and tables Development Services
1,367,728
152,219 1,519,947
Net Increase in expenditures of $152,219 including the
following:
- Net Salaries and benefits of $97,219 due to MOU
Agreements and vacancies
- Fire plan check service of $20,000 that is backed by
revenue recovery
- Department Contract services of $35,000 that is backed by revenue recovery

Page 8 of 16 ends

ATTAQGid1Al g Budget Report

City of Placentia
2021-22 Mid -Year Budget Report
General Fund Budget Request Detail

REQUIREMENTS
Amended
1/31/2022
Requested
Adjustment
Proposed
Explanation
Department
- Net Salaries and benefits of $15,793 due to MOU
Agreements and vacancies
Finance
1,307,688
(15,793) 1,291,895
Fire & Life Safety
4,352,188
(340,394) 4,011,794
- Net Net Salaries and benefits of $340,394 due to MOU
Agreements and vacancies
General Govemment
4,388,382
- 4,388,382
No changes.

Legislative
1,082,623
45,000 1,127,623
Increase in expenditures of $45,000 including the following:
- Litigation (City Clerk) of $5,000 for attorney review of redistricting
- Other Purchased Services of $15,000 for redistricting demographer and elections
-Litigation of $25,000 for anticipated litigation
Public Safety - Police
11,860,565
64,860 11,925,425
Net Increase in expenditures of $64,860 including the
following:
- Net Salaries and Benefits of $(86,640) related to MOU agreements and Vacancies
- Net Salaries and Benefits of $150,000 related to Overtime - Postage of $1,500 to ship 10-33 rifles
Public Works
4,195,105
167,280 4,362,385
Increase in expenditures of $167,280 including the following:
- Net Salaries and Benefits of $11,980 related to MOU
agreements and Vacancies
- Engineering Services of $15,000 for CASPs/ADA
inspections.
- Professional Services of $25,000 for assistance with traffic maintenance software
- Street signs of $5,000 for new signs and decorative signs - Repair and maintenance of facilities of $50,000 for lighting, soundproofing and additional maintenance and repairs
- Software maintenance of $10,300 for AllData and EJ
Software costs increases
- Repair and maintenance of fleet of 50,000 for repairs of fleet involved in accidents, Fire vehicles, Fuel station repair, and MCV repairs
Debt Service
4,748,300
4,000 4,752,300
- Increase of lease expenditures to cover Trustee Fee for 2020A LRB Bond
Capital Improvement Program
123,355
8,806,750 8,930,104
Increase in expenditures of $8,806,750 is due to ARPA final ruling that allowed for the City to claim ARPA funding as revenue loss. Significant projects include:
- $3,829,677 for TOD/Crowther Sewer Project
- $2,000,000 City Hall HVAC Replacement
- $400,000 Civic Center Solar and Storage project
- $600,000 City Hall Roof Replacement
- $560,000 Public Safety Building Design
- $600,000 for Senior/Community Center Design
Transfers Out
53,000
- 53,000
No changes.

Total Requirements
41,231,627 i
9,022,076 50.253.702

Page 9 of 16 ends

ATTAGIMA$NT Budget Report

City of Placentia
2021-22 Mid -Year Budget Report
Other Funds Budget Request Detail

FUND TYPE
Fund Name
Amended
1/31/2022
Requested
Adjustment
Proposed
Explanation

SPECIAL REVENUE FUNDS
COVID-19 Relief Fund (0081)
Beginning Fund Balance
2,938
- 2,938
Increase in Sources of $4,544,465 due to Audit
adjustment for FY20-21. Revenue is recognized in
FY21-22. Final ruling for ARPA allowed for the City
Sources
4,538,589
4,544,465 9,083,054
to recognize its allocation of ARPA funding as
Requirements
4,207,417
4,878,575 9,085,992
revenue loss. With exceptions of ARPA funding the
Net Impact to Fund Balance
331,172
(334,110) (2,938)
Media Services Specialist, ARPA funds will be
transferred to the General Fund.

Ending Fund Balance
334,110
(334,110) -
Measure U Fund (0079)
Beginning Fund Balance
3,300,983
- 3,300,983
Increase in revenue of $614,000 due to a revised
forecast actuals year-to-date compared to prior year.

Sources
8,069,000
614,000 8,683,000
Increase in expenditures of $365,600 including the
Requirements
9,398,984
365,600 9,764,584
following:

Net Impact to Fund Balance
(1,329,984)
248,400 (1,081,584)
- $365,000 transfer to General Fund for Employee
retention and OPEB expenses
Ending Fund Balance
1,970,999
248,400 2,219,398
Misc Grants Fund (0050)
Beginning Fund Balance
(55,501)
- (55,501)
- STRONG grant of $276,600 was not received.

Closed out Grant and reclassed expenditures to
different funding sources such as NOC Public Safety
Sources
1,726,100
135,380 1,861,480
grant and General fund
Requirements
1,726,478
79,500 1,805,978
Net Impact to Fund Balance
(378)
55,880 55,502
OCTA Grant for Bicycle Corridor for $280,000
- Caltrans Public Art Program of $70,000 awarded
Ending Fund Balance
(55,879)
55,880 -
to the City
- Added $100,000 funding source for Permit tracking
software not previously included in budget
Landscape Maintenance (0029)
Beginning Fund Balance
(75,408)
- (75,408)
- Decrease is due to MOU agreements and
estimated vacancies for staff turnover
Sources
417,300
- 417,300
Requirements
417,300
(9,888) 407,412
Net Impact to Fund Balance
-
9,888 9,888
Ending Fund Balance
(75,408)
9,888 (65,519)

Page 10 of 16 ends

ATTAUNIAW&T Budget Report

City of Placentia
2021-22 Mid -Year Budget Report
Other Funds Budget Request Detail

FUND TYPE
Fund Name
Amended
1/31/2022
Requested
Adjustment
Proposed
Explanation
NOC-Public Safety Grant(0061)
Beginning Fund Balance
163,972
- 163,972
- Increase of $7,000 in sources is for estimated
Sources
111,000
7,000 118,000
NOC Public safety grant that is to be awarded. The
grant extends the program 2 years.

Requirements
169,606
112,366 281,972
- Increase of $112,366 is for one officer and
Net Impact to Fund Balance
(58,606)
(105,366) (163,972)
programming of allowable costs to fully utilize
available funds for the grant.

Ending Fund Balance
105,366
(105,366) -
OCATT Fund (0077)
Beginning Fund Balance
1 - 1
Adjustment based on MOU changes and Staff
changes. No officer has been assigned to the Task
force as of Midyear.

Sources
165,200
- 165,200
Requirements
165,136
(8,336) 156,800
Net Impact to Fund Balance
64 8,336 8,400
Ending Fund Balance
65 8,336 8,400
PEG Fund (0058)
Beginning Fund Balance
(29,730)
- (29,730)
Increase in expenditures of $18,229 due to new
Sources
165,100
- 165,100
MOU agreement
Requirements
129,481
18,229 147,710
Net Impact to Fund Balance
35,619
(18,229) 17,390
Ending Fund Balance
5,889
(18,229) (12,339)
City Quimby In Lieu Fee (0069)
Beginning Fund Balance
922,051
- 922,051
Decrease of $280,000 is due to change in funding
from Quimby to OCTA grant
Sources
575,500
- 575,500
Requirements
1,277,500
(280,000) 997,500
Net Impact to Fund Balance
(702,000)
280,000 (422,000)
Ending Fund Balance
220,051
280,000 500,051

TOTAL SPECIAL REVENUE
Beginning Fund Balance
4,229,306
- 4,229,306
Sources
15,767,789
5,300,845 21,068,634
Requirements
17,491,902
5,156,046 22,647,948

Page 11 of 16 ends

ATTA64161ENIT Budget Report

City of Placentia
2021-22 Mid -Year Budget Report
Other Funds Budget Request Detail

FUND TYPE
Fund Name
Amended
1/31/2022
Requested
Adjustment
Proposed
Explanation
Net Impact to Fund Balance
(1,724,113)
144,799 (1,579,314)
Ending Fund Balance
2,505,193
144,799
2,649,992

CITY CAPITAL PROJECTS
Enterprise Funds
Beginning Fund Balance
5,605,609
- 5,605,609
Change in requirements of $20,206 the net
difference between new MOU agreements and
vacancies from staff turnover.

Sources
6,032,100
- 6,032,100
Requirements
5,419,258
20,206 5,439,464
Net Impact to Fund Balance
612,842
(20,206) 592,636
Ending Fund Balance
6,218,451
(20,206) 6,198,245

INTERNAL SERVICE FUNDS
Risk Management (0040)
Beginning Fund Balance
(1,833,884)
- (1,833,884)
Increase of $200,000 in Risk Management is due
large $200,000 settlement in December. To be
reimbursed from insurance
Sources
1,679,900
441,035 2,120,935
Requirements
1,679,900
441,035 2,120,935
Received two invoices from CIRA (California
Net Impact to Fund Balance
-
0 0
Intergovernmental Risk Authority) for FY22
(Property, Crime, Cyber, Pollution, and PARSAC
Payroll Adjustment). To be paid using Flex spending
Ending Fund Balance
(1,833,884)
0 (1,833,883)
balance with CIRA
Equipment Replacement (0041)
Beginning Fund Balance
38,876
- 38,876
Emergency Lease of new patrol vehicle to replace
vehicle that was totaled due to accident
Sources
-
- -
Repair of Fire Chief Explorer for Deputy Fire Chief
Requirements
-
31,830 31,830
Net Impact to Fund Balance
-
(31,830) (31,830)
Ending Fund Balance
38,876
(31,830) 7,045

OTHER AGENCIES
Sccssr Agncy Ret Oblg (0054)
Beginning Fund Balance
(14,048,988)
- (14,048,988)
Change in requirements of $2,365 the net difference
between new MOU agreements and vacancies from
staff turnover.

Sources
2,102,500
- 2,102,500

Page 12 of 16 ends

ATTAQGiAAffhF Budget Report

City of Placentia
2021-22 Mid -Year Budget Report
Other Funds Budget Request Detail

FUND TYPE
Fund Name
Amended
1/31/2022
Requested
Adjustment
Proposed
Explanation
Requirements
2,095,200
2,365
2,097,565
Net Impact to Fund Balance
7,300
(2,365)
4,935
Ending Fund Balance
(14,041,688)
(2,365)
(14,044,053)

Page 13 of 16 ends

City of Placentia
2021-22 Mid -Year Budget Report
Classification Actions
Establish the classifications and salaries and add the positions as detailed below:

Department
Classification Title
Annual
Salary Range
Type New Classification Title
Number of
Positions
Annual
Salary Range
Administration - Human Resources
Human Resource Clerical Aide (PT
18,540.00
to
19,670.00
Reclassification
Human Resource Office Clerk
1 39,713.86
to
49,012.23
1000 hours)
Human Resource Tech
52,276.43
to
64,516.15
Reclassification
Senior Human Resource
54,861.37
to
67,706.31
Tech
Hunan Resource Analyst
71,189.93
to
86,531.80
Reclassification
Senior Human Resource
82,994.62
to
100,880.48
Analyst
New
HR Director
1 108,256.22
to
131,586.11
Administration
Clerk - Office Asst.
35,830.50
to
44,219.64
Reclassification
Administrative Specialist
49,661.75
to
61,289.28
Admin - Office Asst.
35,830.50
to
44,219.64
Reclassification
Administrative Assistant
46,402.53
to
57,266.96
New
Risk Manager
1 83,541.27
to
101,544.94
Administration - Information
New
IT Manager
1 83,541.27
to
101,544.94
Technology
IT Management Analyst
71,189.93
to
86,531.80
Reclassification
IT Tech - GIS
52,276.43
to
64,516.15
Total Positions Added
284.857
to
345,689
4 601,249
to
735.347

Page 14 of 16 ends

City of Placentia
2021-22 Mid -Year Budget Report
General Fund Yearend Estimate
MIDYEAR PROPOSED BUDGET General Fund
FISCAL YEAR 2021-22 Revenues vs. Expenditures
Beginning Fund Balance

REVENUE
Property Taxes
Sales & Use Taxes
Other Taxes
Permits
Fines & Forefeitures
Intergovernmental
Charges for Services
Miscellaneous Revenue
Subtotal Revenues
Operating Transfers -In
Measure U Transfers -in:

Reserve Contribution
Employee Retention
OPEB
Subtotal Transfers -in
Less: Transfer to Reserve Contribution

TOTAL OPERATING RESOURCES

EXPENDITURES
Legislative
Administration
Finance
Development Services
Public Safety - Police
Public Safety- Fire & Paramedic
Fire & Life Safety
Public Works
Community Services
General Government
GF Debt Service
Subtotal Expenditures
Capital Improvement Program
Interfund Transfers (Transfers Out)
GF CIP Debt Service

TOTAL EXPENDITURES
Contribution to Retention Reserve
Net Change in Unassigned Fund Balance
Ending Total Fund Balance
Fund Balance
Nonspendable
Restricted
Committed Fund Balance - TOD Sewer Project
Committed Fund Balance - Metrolink Station
Assigned Fund Balance - Section 115 Trust
Measure U - Contingency Reserve
General Fund Reserve
Unassigned Fund Balance

TOTAL FUND BALANCE
IV
11,320,030
16,839,438
AU
J0.11,7
16,839,438
MCly
FLCIE"
16,839,438
148-8%
7811,268
8,758,622
17,313,350
15,477,587
6,757,698
4574,352
895,666
438,468
353,593
1,208,506
2,197.527
15,980,808
6,861,920
6,712,675
1,449557
418,752
701,864
989,093
7,848,845
16,752,112
7,409,742
6,980,841
1,838,426
290534
9,933
982,843
2,240,214
17,545,700
7,134,800
6,684,800
874,900
444,200
265,000
1,278,200
.2,285,700
17,545,700
7,778,460
6,850,985
874,900
444,200
274,000
1,328,200
2,302,700
9,378,336
3,315,182
3,697,054
648,018
226,559
40,267
587,706
1,401,286
-
360,000
-
55,000
-
-
119,446
17,545,700
8,138,460
6,850,985
929,900
444,200
274,000
1,328,200
2,422,146
104.74%
109.83%

98.14%

50.58%
152.89%
275&46%
135.14%
10&12%
31,903,397
40,963,513
36,504,646
36,513,300
37399,145

19.294,409
534,446
37,933.591
103.91%
3,290,801
-
-
-
1,273,074
1,541,099
1,541,287
-
1,433,261
1,540,583
1,540,583
770,292
3,746,300
-
2,102,100
700,700
990,800
2,420,700
806.900
195,400
-
828,030
276,010
9,005,992
184200
61,400
9,996,792
2,604900
868,300
697.49%

0.00%
169.09%
112.72%
3,290,801
4,355,460
5,284,719
6,549,100
4,218,400
1,299,440
9,251,592
13,469,992
254.89%
(1,541,099)
(1,540,583)
-
-
-
-
35,194,198
43,777,874
40,248,782
43,062,400
41,617,545
20,593,849
9,786,038
51,403,583
127.71%
1,226,406
1,680,447
989,283
997,888
11,449,915
6,474,009
-
3,320,816
1,343,251
4,215,740
1,838,723
1,356,861
2,008,384
988,003
1,198,254
12,349,937
7,114,119
1,773,484
3,943,333
1,537,369
3,883,320
621,570
923,371
4,998,991
1,144,947
1,255,058
11,501,898
-
3,357,795
4,008,906
1,496,491
4,043,326

2.612,583
1,074,400
5,372,800
1,249,500
1,351,000
11,810,000
-
4,271,300
4,157,600
2,357,100
4,294,600
4748,300
1,082,623
5,377,193
1,307,688
1,367,728
11,860,565
4,352,188
4,195,105
2,375,500
4,388,382
4,748,300
579,196
2,860,750
641,672
840,764
6,384,718
-
2,195,448
2,079,398
1,377,081
2,319,468
2,474,240
45,000
3,996
(15,793)
152,219
64,860
-
(340,394)
167,280
134,160
-
4,000
1,127,623
5,381,189
1,291,895
1,519,947
11,925,425
4,011,794
4,362,385
2,509,660
4388,382
4,752,300
122.12%
107.65%
112.83%
121.11%
103.68%

0.00%
119.48%
108.82%
167.70%
108.53%
181.90%
33,486,478

36.774,634

35.343.366

40.686.600
41,055,272
21,752,734
215326
41,270,598
116,77%
514268
246,098
5,662,591
270300
449,418
477,173
•
529,400
53,000
428.800
546,870
53,000
428.800
123,355
26,500
-
8,806,750
•
•
9,353,620
53,000
42%800
208L27%

11.11%
0,00%
34,246,844

42.707,525
36,269,958
41,697,800
42,083.942

21.902,589
9,022,076
51,106,018
140.90%
947,353
1,541,099
1,070,350
1,540,583
3,978,824
-
1,364,600
-
(466,397)
(1,308.740)
763.962
-
297,565
0%

7.48%
8,758,622
11,370,070
16,839,438
18,677,950
16,373,041
15,530,698
763,962
17,137,003
101.77%
4,706,294
571,396
3,400,000
-
-
7,911,939
(7,831,007)
3,734003
555,258
3,400,000
-
1,541,099
7,497,167
(5,357,457)
3,262,084
556,084
3,400,000
-
3,081,682
5,101,014
1,438,574
2,209,112
522,982
2,600,000
3,400,000
152,100
3,081,682
5,773,018
939,056
3,262,084
556,084
2,600,000
3,400,000
152,100
3,081,682
5,865,186
(2,391,995)
3,262,084
556,084
2,600,000
3,400,000
152,100
3,081,682
1,608,066
1,022,782
(1,052,972)
(33,102)
(2,600,000)
(3,400,000)
-
7,850,036
2,209,112
522,982
152,100
3,081,682
5,918,017
5,405,209

67.72%

94.05%

0.00%
0,00%

0.00%
100,00%
116.02%
375.73%
8,758,622
11,370,070
16,839A38
18,677,950
16,525,141
15,682,798
763,962
17,289,103
102.67%
General Fund Balance Reserve Target
Operating Expenses
Less: One Time Operating Expenses
.Adjusted Operating Expenses
25% of Operating Expenses
General Fund Operating Reserves
General Fund Operating Reserves %
% Funded
31,647,755 36,153,064 32,730,784 35,938,300 36,306,972 19,278,494 (519,500) (519,500) (519,500)
31,647,755 36,153,064 32,730,784 35,418,800 35,787,472 18,758,994 7,911,939 9,038266 8,182,696 8,854,700 8,946,868 4,689,748 80,931 3.680,809 9,621,270 9,793,756 6,554,873 5,712,530 0% 10% 29% 27% 18% 30%
1% 41% 118% 111% 73% 122%
36,518,298
(519,500)
35,995,798
8,999,700
14,404909
39%
160%

Page 15 of 16 ends

Placentia City CouncilMarch 1, 2022

Placentia City Council
March 1, 2022