Agenda packet — Placentia City Council, April 19, 2022 (part 2 of 3)

and method of apportionment of those fees and impacts across needed mitigation measures.

Those fees are then utilized to construct improvements throughout the City to mitigate development impacts on the community. The affordable housing fee was created for the purpose of collecting new developer -paid housing impact fees to be used to provide additional affordable housing opportunities in the community. Collectively, the DIF program that is currently in place was adopted by City Council in October 2017, implemented by Ordinance Nos. O-2017-09 (TOD DIFs), O-2017-10 (citywide DIFs), O-2017-11 (Housing Impact Fee) and became effective in December 2017.

In 2021, City Council adopted an update to the DIF program, largely resulting in adjustments to the 2017 DIFs, increasing each fee by Construction Cost Index ("CCI") as recommended by the three (3) 2017 studies. In 2021, City Council also codified how annual updates to the DIFs will occur, to be adjusted by CCI annually.

RECOMMENDATION:

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

1. Open the public hearing concerning the Citywide Development Impact Fee Schedule, the Transit -Oriented Development (TOD) Packing House Development Impact Fee Schedule, and the Residential Affordable Housing Impact Fee Schedule; and

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

3. Close the public hearing; and

4. Find that the recommended actions are exempt from CEQA pursuant to Sections 15378(b)(4), 15061(b)(3), and 15273 of the CEQA Guidelines, Section 21065 of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA; and

5. Adopt Resolution No. R-2022-21, a Resolution of the City Council of the City of Placentia, California, approving updated Development Impact Fees to financially mitigate impacts to parks and recreational facilities, sewer facilities, transportation infrastructure, storm drain facilities, and public safety, and Quimby in -lieu fees; and

6. Adopt Resolution No. R-2022-22, a Resolution of the City Council of the City of Placentia, California, approving updated Development Impact Fees to finance mitigation of impacts to sewer facilities, traffic and transportation infrastructure, and streetscape infrastructure in the Transit Oriented Development area; and

7. Adopt Resolution No. R-2022-23, a Resolution of the City Council of the City of Placentia, California, approving updated Citywide Residential Affordable Housing Impact Fees for residential developments.

City Council Agenda
April 19, 2022

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BACKGROUND:

DIFs are a commonly used method of collecting a proportional share of funds from new development for infrastructure improvements and/or other public facilities capital improvements that would be needed as a result of the new development. These fees are seen as paying for the aforementioned future required infrastructure costs as opposed to the General Fund and are therefore seen as cost recovery in nature. With rare exceptions, DIFs are one-time funds restricted to funding capital costs for new facilities or upgrades to existing facilities and are not used for annual operations and/or maintenance. Impact fees may only be imposed on new development, and the fee proceeds must be expended on improvements needed as a result of the new development.

Pursuant to the Mitigation Fee Act ("Act"), California Government Code Section 66000, et seq. (also known as AB 1600), adoption of impact fees requires documentation of the "nexus" between the fees being charged, the impacts of new development, the benefit of the facilities needed to mitigate such impacts, and the proportional cost allocation among different fee categories. Impact fee programs must be adopted by the City Council via an ordinance, however, once the program is adopted, the fees could potentially be automatically updated via City Council resolution. Impact fees are imposed either jurisdiction -wide or in a relatively large area anticipating significant amounts of new development, such as a specific plan area or community plan area. In Placentia, we have both citywide (includes affordable housing) impact fees and TOD District specific impact fees.

In 2017, the City prepared development impact fee nexus studies for the purpose of updating DIFs pursuant to California Government Code Section 66000. Three different nexus studies were completed in 2017 and were utilized respectively to adopt the current citywide DIFs, the housing impact fee, and the TOD DIFs. The DIF program that is currently in place was adopted by City Council in October 2017, implemented by Ordinance Nos. O-2017-09 (TOD DIFs), O-2017-10 (Citywide DIFs), O-2017-11 (Housing Impact Fee) and became effective in December 2017.

Although the 2017 DIF update was comprehensive in nature, the City did not update the DIFs between 2017 and 2020. The 2021 DIF update adjusted the fees commensurate with the CCI from December 2017 to February 2021. In updating the DIFs in 2021, City Council adopted an Ordinance codifying how annual updates to the DIFs will occur. The Municipal Code now states that the annual fee adjustment shall be based on April to April Construction Cost Index for Los Angeles as published by the Engineering News -Record for the preceding 12 months (April to April), with the exception of the 2022 fee update which shall be based on February 2021 to April 2022 Construction Cost Index for Los Angeles as published by the Engineering News -Record.

Therefore, this year's annual update is based on the CCI change from February 2021 to April 2022, and subsequent years will be based on April to April CCI change.

DISCUSSION:

Update to Development Impact Fees
The existing Citywide DIFs include the following:

City Council Agenda
April 19, 2022

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• Citywide Public Safety Impact Fee Program
• Citywide Park and Recreation Impact Fee Program
• Citywide Quimby Land Dedication and In -Lieu Fee Program • Sewer Impact Fee Program
• Traffic Impact Fee Program
• Storm Drainage Impact Fee Program
The existing residential Affordable Housing Impact Fee includes:
• A Residential Affordable Housing Impact Fee ("RAHIF") requiring developers to pay a fee to mitigate the additional demand for affordable housing that is created by proposed market rate residential development.

The existing TOD DIFs include the following:
• TOD Traffic Impact Fee
• TOD Sewer Impact Fee
• TOD Streetscape Infrastructure Impact Fee
As previously stated, all three of the existing DIF programs included nexus studies to justify each respective DIF. Each of the three studies recommended that CCI be utilized as the metric for future DIF increases. The Municipal Code (adopted in 2017) specifically states that the Citywide and TOD DIFs be adjusted annually commensurate with changes in construction costs. The Residential Affordable Housing Impact Fee study recommended CCI as a metric to be utilized for annual adjustments. As previously stated, this method of recurring annual updates was codified in the Municipal Code in 2021. This year's update will adjust the fees commensurate with the CCI for Los Angeles as published by the Engineering News -Record from February 2021 to April 2022, effective 60 days after adoption, as follows:

Date
CCI
February 2021
12091.22
A riI2022
13698.12
The delta calculation between April 2022 CCI and February 2021 CCI is expressed as (13698.12 - 12091.22 = 1606.90). 1606.90 / 12091.22 = 0.1328, rounded to 13.3%. As such, Staff has prepared three resolutions to update the DIFs, one each for the existing Citywide DIFs, TOD DIFs, and for the residential Affordable Housing Impact Fee. The rates for all DIFs have been increased by 13.3%.

City Council Agenda
April 19, 2022

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Other Updates
In 2021, the Storm Drain Acreage Fees for Area G in the southeast portion of the City were adjusted to a certain amount (not using CCI) due to a recent legal Settlement Agreement. Staff has been advised by the City Attorney to keep Storm Drain acreage fees for Area G at the same rate as adjusted and adopted in 2021 until the end of 2027. Development that occurs in Area G between the effective date of the 2021 update and December 31, 2027 will be subject to the adjusted fee adopted by City Council in 2021 pursuant to the settlement agreement.

On March 2, 2021, as part of the 2021 DIF update, City Council directed Staff to begin a review of the Public Safety Impact Fee to update said fee in accordance with the operation and planning of the new Placentia Fire and Life Safety Department. The City is working with SCI Consulting Group to address this fee and to address the TOD Sewer Impact Fee. It is anticipated that a single -purpose Citywide DIF will be proposed for the Placentia Fire and Life Safety Department, and that the TOD Sewer Impact Fee will be adjusted or repurposed to address other impacts within the TOD District. Since the consultant and Staff are continuing to work on these two specific fees, Staff prepared the balance of the annual DIF update for City Council consideration.

FISCAL IMPACT:

There is no immediate fiscal impact associated with the recommended actions. DIFs are a commonly used cost recovery method of collecting a proportional share of funds from new development for infrastructure improvements and/or other public facilities capital improvements that would be needed as a result of the new development. These fees are seen as paying for necessary infrastructure costs as opposed to the General Fund and are therefore seen as cost recovery in nature. The adoption of revised Development Impact Fees and Residential Affordable Housing Impact Fees will not have an immediate impact on revenues to the City until effective 60 days subsequent to adoption. This update essentially adjusts the fees commensurate with the Construction Cost Index (CCI), and therefore, does not provide unanticipated revenue, rather it adjusts revenue commensurate with CCI for the period between the 2021 effective date and present.

Prepared by:

Reviewed and approved:

Joseph -M. Lambert Jennifer Lampman
Director of Development Services Director of Finance

City Council Agenda
April 19, 2022

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Reviewed and approved:

Damien t Arrula
City Administrator
Attachments:

1. Resolution No. R-2022-21 - Approving updated Citywide Development Impact Fees

2. Resolution No. R-2022-22 - Approving updated Transit Oriented Development Packinghouse District Development Impact Fees

3. Resolution No. R-2022-23 - Approving updated Residential Affordable Housing Impact Fees

4. Engineering News -Record City Cost Index Los Angeles April 2022

RESOLUTION NO. R-2022-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PLACENTIA, CALIFORNIA, APPROVING UPDATED

DEVELOPMENT IMPACT FEES TO FINANCIALLY

MITIGATE IMPACTS TO PARKS AND RECREATIONAL

FACILITIES, SEWER FACILITIES, TRANSPORTATION

INFRASTRUCTURE, STORM DRAIN FACILITIES, AND

PUBLIC SAFETY, AND APPROVING QUIMBY IN -LIEU
FEES
WHEREAS, the continuing growth of the City of Placentia ("City), combined with the expectation of high quality services by persons who live and work in the City, and reductions by the State of California in property tax allocations to local governments have been catalysts for the review of the City's existing and future public facilities and services made necessary by new development;
WHEREAS, pursuant to Government Code Section 66000 et seq., ("Mitigation Fee Act") the City is empowered to impose fees and other exactions to provide necessary public facilities required to mitigate the negative effects of new development in the City;
WHEREAS, pursuant to Government Code Sections 66477 et seq., ("Subdivision Map Act"), the City is empowered to require the dedication of land or impose a requirement of the payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approval of a tentative map or parcel map; WHEREAS, the proposed fees are based upon the information contained in a document and addendum prepared by City staff and SCI Consulting Group ("SCI") entitled "City of Placentia Citywide Development Impact Fees Nexus Study" dated August 2017 ("the Development Impact Fee Nexus Study Report"); WHEREAS, detailed descriptions of each of the facilities, their approximate location, size, approximate time of availability and their estimated costs are set forth in the Development Impact Fee Nexus Study Report;
WHEREAS, a copy of the Development Impact Fee Nexus Study Report is on file in the City Clerk's office and has been made available for public review in accordance with state law, as more fully described below;
WHEREAS, the Development Impact Fee Nexus Study Report complies with California Government Code Section 66001 by establishing the basis for the imposition of fees in new development. In particular, the Development Impact Fee Report:

1. Identifies the purpose of the proposed fees;

2. Identifies the use to which the fees will be put;
Resolution R-2022-21 ATTACHMENT 1

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3. Demonstrates a reasonable relationship between the fees' use and the types of projects on which the fees are imposed;

4. Demonstrates a reasonable relationship between the need for the public facilities and the types of developments on which the fees are imposed; and

5. Demonstrates a reasonable relationship between the amount of the fees and the cost of the public facilities or portions of the facilities attributable to the developments on which the fees are imposed; WHEREAS, the Development Impact Fee Nexus Study Report justifies the imposition of each development fee on new construction by analyzing the General Plan, assigning the costs on a fair -share basis to the various types of development, and assigning the resulting fee per dwelling unit or per building square foot, based on the anticipated burden of such new dwelling and/or development on City facilities and infrastructure and the need created by such dwelling unit and/or development for new and expanded facilities and infrastructure;
WHEREAS, the fees collected pursuant to this resolution shall be used to finance the public facilities described or identified in the Development Impact Fee Nexus Study Report;
WHEREAS, after considering the specific projects to be funded by the development impact fees and the cost estimates contained in the Development Fee Impact Nexus Study Report, the City Council approves such projects and costs estimates and finds them reasonable as the basis for calculating and imposing the development impact fees;
WHEREAS, the projects and fee methodologies identified in the Development Impact Fee Nexus Study Report are consistent with the City's General Plan.

NOW, THEREFORE, the City Council of the City of Placentia, California, does hereby resolve as follows:

Section 1. The City Council of the City of Placentia hereby determines as follows:

A. Each owner of a lot or parcel of property within the Affected Territory, as described in Chapter 5.02 of the Placentia Municipal Code, shall pay to the City prior to the issuance of a building permit for the construction of any development project as defined therein, the following fees:

1. The Parks and Recreation Impact Fee described in the attached Exhibit A to this Resolution subject to the provisions of Chapter

5.02 of the Placentia Municipal Code and the terms contained in the Exhibit A.

Resolution R-2022-21 ATTACHMENT 1

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2. The Sewer Impact Fee described in the attached Exhibit A to this Resolution subject to the provisions of Chapter 5.02 of the Placentia Municipal Code and the terms contained in the Exhibit A.

3. The Traffic Impact Fee described in the attached Exhibit A to this Resolution subject to the provisions of Chapter 5.02 of the Placentia Municipal Code and the terms contained in the Exhibit A.

4. The Storm Drain Impact Fee described in the attached Exhibit A to this Resolution subject to the provisions of Chapter 5.02 of the Placentia Municipal Code and the terms contained in the Exhibit A.

5. The Public Safety Impact Fee described in the attached Exhibit A to this Resolution subject to the provisions of Chapter 5.02 of the Placentia Municipal Code and the terms contained in the Exhibit A.

6. The Quimby Fee (In -Lieu Park/Open Space Fee) described in the attached Exhibit A to this Resolution subject to the provisions of Chapter 5.02 of the Placentia Municipal Code and the terms contained in the Exhibit A.

B. The fees authorized by this section shall be cumulative such that each owner of a lot or property shall be charged each applicable fee, subject to any credits, deferrals, waivers and/or reductions authorized and set forth in Chapter 5.02 of the Placentia Municipal Code. Moreover, the amount of each of these fees shall not exceed the fair share of the estimated cost of constructing and/or acquiring the corresponding facilities described in the Development Impact Fee Report. The amount of each fee shall be reviewed and revised from time to time, but not more than once annually, and shall be set by resolution of the City Council following due notice.

Section 2. Be it further resolved that any other resolutions and/or parts of any other resolution in conflict herewith are hereby repealed.

Section 3. Adoption of this Resolution is exempt from the California Environmental Quality Act because the adoption of this resolution is not a project, in that it is a government funding mechanism which does not involve any commitment to any specific project (CEQA Guidelines Section 15378(b)(4)), and because it can be seen with certainty that there is no possibility that the fees may have a significant effect on the environment, in that this resolution contains no provisions modifying physical design, development, or construction of residential, commercial or industrial development or the construction of any development project. This exemption is based on CEQA Guidelines Section 15061 (b)(3), 15378(b)(4), and 15273.

Section 4. Should any section, subsection, clause or provision of this Resolution for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Resolution, it being hereby expressly declared that this Resolution, and each and every section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified irrespective of the fact that Resolution R-2022-21 ATTACHMENT 1

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any one or more section, subsections, sentences, clauses or phrases of this Resolution be declared invalid or unconstitutional.

Section 5. The City Clerk shall certify to the passage and adoption of this Resolution.

Section 6. The fees adopted pursuant to this Resolution go into effect 60 days from the adoption of this Resolution, and concurrent with the effective date of this Resolution, Resolution No. R-2021-10 shall be repealed and replaced with this Resolution.

PASSED, APPROVED AND ADOPTED this 19th day of April 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 19th day of April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

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

Christian L. Bettenhausen, City Attorney
Resolution R-2022-21 ATTACHMENT 1

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EXHIBIT "A"
TO RESOLUTION NO. R-2022-21
City of Placentia Citywide Development Impact Fee Schedule Summary of Citywide Development Impact Fees
Land Use
Category
Unit
Public
Safety
Park and
Recreation
Quimby
In Lieu
Sewer
1 Traffic
1 Storm
Drainage
(Area A)
Storm
Drainage
(Area C)
Storm
Drainage
(Area G)
2 Single Family
Detached
Housing
3 DU
1,204
I $3,502
$5,264
$1,557
$1,619
$300
$137
$4,625/ac
Single Family
Attached Housing
3 DU
$977
$2,842
$4,283
$1,144
$1,619
$245
$111
$4,625/ac
Multi -Family
Housing
DU
$1,109
$3,223
$4,852
$874
$1,004
$187
$85
$4,625/ac
3 Mobile Homes
3 DU
$881
$2,564
$3,856
$1,017
$955
$281
$127
$4,625/ac
Retail/Commercial
BSF
$0.82
$0.79
$1.69
$0.19
$0.08
$4,625/ac
Office
BSF
$1.17
$1.18
$2.41
$0.12
$0.06
$4,625/ac
Industrial
BSF
$0.59
$0.48
$0.95
$0.34
$0.15
$4,625/ac
Notes:
t New development within the City's TOD area is not subject to the Sewer Impact Fee, the Traffic Impact Fee and the Storm Drainage Impact Fee
2 Storm Drainage Impact Fees for Area G only shall be set at $4,625 per acre pursuant to Agreement between the City of Placentia and the Yorba Linda Water District until it's expiration on October 11, 2027. Said Impact Fees shall not be automatically adjusted annually.
3 Applicable Citywide Development Impact Fees for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) shall be calculated as follows: For ADUs of less than 750 square feet: None. For ADUs of 750 square feet or more on a lot containing single family dwelfing(s): The product of: (full fee for single family dwellings) x (square footage of the proposed ADU 1 square footage of primary dwelling) = ADU Development Impact Fee. For ADUs of 750 square feet or more on a lot containing multi -family dwellings: The product of: (full fee for multi -family dwellings) x (square footage of the proposed ADU / average square footage of the multi -family units on site) = ADU Development Impact Fee.

For JADUs: JADUS that are permitted and contained within the existing square footage of a single family residence shall not be subject to Citywide Development Impact Fees. However, JADUs that are part of new construction or are constructed as part of an addition to a single family residence shall be subject to Development Impact Fees at the same rate as a single family residence.

Resolution R-2022-21
Exhibit A

RESOLUTION NO. R-2022-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, APPROVING UPDATED

DEVELOPMENT IMPACT FEES TO FINANCE MITIGATION

OF IMPACTS TO SEWER FACILITIES, TRAFFIC AND

TRANSPORTATION INFRASTRUCTURE, AND

STREETSCAPE INFRASTRUCTURE IN THE TRANSIT

ORIENTED DEVELOPMENT AREA
WHEREAS, the continuing growth of the City of Placentia ("City), combined with the expectation of high quality services by persons who live and work in the City, and reductions by the State of California in property tax allocations to local governments have been catalysts for the review of the City's existing and future public facilities and services made necessary by new development;
WHEREAS, pursuant to Government Code Section 66000 et seq., ("Mitigation Fee Act") the City is empowered to impose fees and other exactions to provide necessary public facilities required to mitigate the negative effects of new development in the City; WHEREAS, the proposed fees are based upon the information contained in a document and addendum prepared by City staff and SCI Consulting Group ("SCI") entitled "Development impact Fees Nexus Study for the Transit Oriented Development Area" dated June 2017 ("the TOD Development Impact Fee Nexus Study Report") WHEREAS, detailed descriptions of each of the facilities, their approximate location, size, approximate time of availability and their estimated costs are set forth in the TOD Development Impact Fee Nexus Study Report;
WHEREAS, a copy of the TOD Development Impact Fee Nexus Study Report is on file in the City Clerk's office and has been made available for public review in accordance with state law, as more fully described below; WHEREAS, the Development Impact Fee Nexus Study Report complies with California Government Code Section 66001 by establishing the basis for the imposition of fees in new development. In particular, the Development Impact Fee Report:

1. Identifies the purpose of the proposed fees;

2. Identifies the use to which the fees will be put;

3. Demonstrates a reasonable relationship between the fees' use and the types of projects on which the fees are imposed;
Resolution R-2022-22 ATTACHMENT 2

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4. Demonstrates a reasonable relationship between the need for the public facilities and the types of developments on which the fees are imposed; and

5. Demonstrates a reasonable relationship between the amount of the fees and the cost of the public facilities or portions of the facilities attributable to the developments on which the fees are imposed; WHEREAS, the TOD Development Impact Fee Nexus Study Report justifies the imposition of each development fee on new construction by analyzing the General Plan, assigning the costs on a fair -share basis to the various types of development, and assigning the resulting fee per dwelling unit or per building square footage, based on the anticipated burden of such new dwelling and/or development on City facilities and infrastructure and the need created by such dwelling unit and/or development for new and expanded facilities and infrastructure;
WHEREAS, the fees collected pursuant to this resolution shall be used to finance the public facilities described or identified in the Development Impact Fee Nexus Study Report;
WHEREAS, after considering the specific projects to be funded by the development impact fees and the cost estimates contained in the TOD Development Fee Impact Nexus Study Report, the City Council approves such projects and costs estimates and finds them reasonable as the basis for calculating and imposing the development impact fees;
WHEREAS, the projects and fee methodologies identified in the TOD Development Impact Fee Nexus Study Report are consistent with the City's General Plan.

NOW, THEREFORE, the City Council of the City of Placentia, California, does hereby resolve as follows:

Section 1. The City Council of the City of Placentia hereby determines as follows:

A. Each owner of a lot or parcel of property within the Affected Territory, as described in Chapter 5.03 of the Placentia Municipal Code, shall pay to the City prior to the issuance of a building permit for the construction of any development project as defined therein, the following fees:

1. The Streetscape Infrastructure Impact Fee described in the attached Exhibit A to this Resolution subject to the provisions of Chapter 5.02 of the Placentia Municipal Code and the terms contained in the Exhibit A.

Resolution R-2022-22 ATTACHMENT 2

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2. The Sewer Impact Fee described in the attached Exhibit A to this Resolution subject to the provisions of Chapter 5.02 of the Placentia Municipal Code and the terms contained in the Exhibit A.

3. The Traffic Impact Fee described in the attached Exhibit A to this Resolution subject to the provisions of Chapter 5.02 of the Placentia Municipal Code and the terms contained in the Exhibit A.

B. The fees authorized by this section shall be cumulative such that each owner of a lot or property shall be charged each applicable fee, subject to any credits, deferrals, waivers and/or reductions authorized and set forth in Chapter 5.03 of the Placentia Municipal Code. Moreover, the amount of each of these fees shall not exceed the fair share of the estimated cost of constructing and/or acquiring the corresponding facilities described in the Development Impact Fee Report. The amount of each fee shall be reviewed and revised from time to time, but not more than once annually, and shall be set by resolution of the City Council following due notice.

Section 2. Be it further resolved that any other resolutions and/or parts of any other resolution in conflict herewith are hereby repealed.

Section 3. Adoption of this Resolution is exempt from the California Environmental Quality Act because the adoption of this resolution is not a project, in that it is a government funding mechanism which does not involve any commitment to any specific project (CEQA Guidelines Section 15378(b)(4)), and because it can be seen with certainty that there is no possibility that the fees may have a significant effect on the environment, in that this resolution contains no provisions modifying the physical design, development, or construction of residences or commercial buildings or the construction of any development project. This exemption is based on CEQA Guidelines Section 15061 (b)(3), 15378(b)(4), and 15273.

Section 5. The City Clerk shall certify to the passage and adoption of this Resolution.

Section 6. The fees adopted pursuant to this Resolution go into effect 60 days from the adoption of this Resolution, and concurrent with the effective date of this Resolution, Resolution No. R-2021-11 shall be repealed and replaced with this Resolution.

Resolution R-2022-22 ATTACHMENT 2

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PASSED, ADOPTED AND APPROVED THIS 19th day of April 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 19th day of April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

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

Christian L. Bettenhausen
Resolution R-2022-22 ATTACHMENT 2

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EXHIBIT "A"
TO RESOLUTION NO. R-2022-22
City of Placentia TOD Area Development Impact Fee Schedule Summary of TOD Area Development Impact Fees
Land Use
Category
Unit
1 TOD Traffic
Impact Fee
TOD Sewer
Impact Fee
TOD Streetscape
Impact Fee
Total TOD Impact
Fees
2 Single Family
Detached
Housing
3 DU
$2,227
$6,267
$7,367
$15,861
Single Family
Attached Housing
3 DU
$2,227
$4,525
$5,981
$12,733
Multi -Family
Housing
3 DU
$1,381
$3,828
$6,783
$11,992
Mobile Homes
3 DU
$1,314
$3,828
$5,395
$10,537
Retail/Commercial
BSF
$2.32
$3.48
$6.29
$12.09
Office
BSF
$3.32
$5.22
$7.52
$16.07
Industrial
BSF
$1.30
$2.08
$4.94
$8.32
Notes:
1 DU = Dwelling Unit: BSF = Building Area Square Foot.
2 A fee credit must be given for demolished existing housing units or nonresidential building square footage as part of a redevelopment project.
3 Applicable Citywide Development Impact Fees for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) shalt be calculated as follows: For ADUs of less than 750 square Feet: None. For ADUs of 750 square feet or rnore on a lot containing single family dwelling(s): The product of: (full Fee for single family dwellings) x (square footage of the proposed ADU 1 square footage of primary dwelling) = ADU Development Impact Fee. For ADUs of 750 square feet or more on a lot containing multi -family dwellings: The product of: (full fee for multi -family dwellings) x (square footage of the proposed ADU 1 average square footage of the multifamily units an site) = ADU Development Impact Fee.

For JADUs: JADUs that are permitted and contained within the existing square footage of a single family residence shall not be subject to Citywide Development Impact Fees. However, JADUs that are part of new construction or are constructed as part of an addition to a single family residence shall be subject to Development Impact Fees at the same rate as a single family residence.

Resolution R-2022-22
Exhibit A

RESOLUTION NO. R-2022-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PLACENTIA, CALIFORNIA, APPROVING UPDATED

CITYWIDE RESIDENTIAL AFFORDABLE HOUSING

IMPACT FEES FOR RESIDENTIAL DEVELOPMENTS
WHEREAS, to implement the affordable housing goals, policies and programs of the City's Housing Element, the City Council has considered and adopted an affordable housing ordinance that, among other things, authorizes the imposition of residential affordable housing impact fees for certain residential development projects to mitigate the impact of such projects on the need for affordable housing in the City (the "Affordable Housing Ordinance");
WHEREAS, to ensure that future development projects mitigate their impact on the need for affordable housing in Placentia, and to ensure that any adopted residential affordable housing impact fees do not exceed the actual affordable housing impacts attributable to the development projects to which the fees relate, the City caused to be prepared a nexus study which was adopted in 2017;
WHEREAS, the "Residential Nexus Study", dated September 2017 (the Nexus Study"), prepared by Keyser -Marston Associates, Inc., quantifies the impacts of new market -rate units on the need for affordable housing in the city and the justified residential affordable housing impact fees to mitigate those impacts.

WHEREAS, the Nexus Study uses widely applied, appropriate methodology to determine the maximum amount needed to fully mitigate the need for affordable housing created by residential development;
WHEREAS, to ensure that development projects remain economically feasible, the recommended residential affordable housing impact fees as shown in the attached Exhibit A do not exceed the justified fees needed to mitigate the actual affordable housing impacts attributable to the development projects to which the fees relate, as determined by the Nexus Study;
WHEREAS, the Affordable Housing Ordinance and Title 5 of the Placentia Municipal Code authorizes the City Council to adopt by resolution residential affordable housing impact fees, and update said fees, and the City Council desires to do so; WHEREAS, the Affordable Housing Ordinance authorizes the City Council to adopt by resolution a fee for processing applications for waivers from or modifications to the residential affordable housing impact fees, and the City Council desires to do so; WHEREAS, at least ten days prior to the date this resolution is being heard, data was made available to the public indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied, and the Resolution R-2022-23 ATTACHMENT 3

Page 1 of 4 ends

revenue sources anticipated to provide the service, including general fund revenues, in accordance with Government Code Section 66019;
WHEREAS, at least fourteen days prior to the date this resolution is being heard, notice was provided to any persons or organizations who had requested notice, in accordance with Government Code Section 66019;
WHEREAS, notice of the hearing on the proposed fee was published twice in the manner set forth in Government Code Section 6062a as required by Government Code Sections 66004 and 66018; and
WHEREAS, the City Council has reviewed the information contained in this Resolution and the accompanying staff report and any attachments at a meeting held on April 19, 2022.

NOW, THEREFORE, the City Council of the City of Placentia, California, does hereby resolve as follows:

Section 1.

1. The foregoing recitals are true and correct and incorporated into this Resolution by this reference.

2. The findings of the 2017 Nexus Study have been considered and are hereby incorporated into this Resolution by this reference.

3. The facts and substantial evidence in the record establish that there is a reasonable relationship between the need for affordable housing and the impacts of the development described in the Nexus Study for which the corresponding fee is charged, and that there is also a reasonable relationship between the use of the residential affordable housing impact fee and the type of development for which the fee is charged, as is described in more detail in the Nexus Study.

4. The Nexus Study sets forth cost estimates, in 2017 dollars, that are reasonable for constructing affordable housing, and the fees expected to be generated by new development will not exceed these costs.

5. The City Council hereby adopts those residential affordable housing impact fees shown on Exhibit "A", attached hereto and incorporated by reference herein.

6. All residential affordable housing impact fees collected shall be deposited into the City's Housing Impact Fee Fund to be used to increase and preserve the supply of housing affordable to households of extremely low, very low, low, and moderate incomes (including necessary administrative costs).

Resolution R-2022-23 ATTACHMENT 3

Page 2 ends

7. The City Council may review residential affordable housing impact fees from time to time. For any annual period during which the City Council does not review the residential affordable housing impact fee, fee amounts shall be adjusted once annually by the Development Services Director based on the percentage increase in the Engineering News -Record Construction Cost Index for Los Angeles, California.

8. The City Council finds that all of the residential affordable housing impact fees adopted pursuant to this Resolution do not exceed the actual affordable housing impacts of the development projects to which those residential affordable housing impact fees relate, as further set forth in the Nexus Study.

9. Adoption of this Resolution is exempt from the California Environmental Quality Act because the adoption of this resolution is not a project, in that it is a government funding mechanism which does not involve any commitment to any specific project (CEQA Guidelines Section 15378(b)(4)), and because it can be seen with certainty that there is no possibility that the fees may have a significant effect on the environment, in that this resolution contains no provisions modifying the physical design, development, or construction of residences or the construction of any development project. This exemption is based on CEQA Guidelines Section 15061 (b)(3), 15378(b)(4), and 15273.

Section 2. Be it further resolved that any other resolutions and/or parts of any other resolution in conflict herewith are hereby repealed.

Section 3. Should any section, subsection, clause or provision of this Resolution for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Resolution, it being hereby expressly declared that this Resolution, and each and every section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases of this Resolution be declared invalid or unconstitutional.

Section 4. The City Clerk shall certify to the passage and adoption of this Resolution.

Section 5. The fees adopted pursuant to this Resolution go into effect 60 days from the adoption of this Resolution, and concurrent with the effective date of this Resolution, Resolution No. R-2021-12 shall be repealed and replaced with this Resolution.

PASSED, APPROVED AND ADOPTED this 19th day of April 2022.

Rhonda Shader, Mayor
Resolution R-2022-23 ATTACHMENT 3

Page 3 of 4 ends

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-2022-23 ATTACHMENT 3

Page 4 of 4 ends

EXHIBIT "A"
TO RESOLUTION NO. R-2022-23
City of Placentia Residential Affordable Housing Impact Fee Schedule Project Type
Single Family Homes
Condominiums
Apartments
Residential
Affordable Housing
Impact Fee Per
Unit
$8,034
$5,739
$2,295
Resolution R-2022-23
Exhibit A

ENR
Engineering News -Record
City Cost Index - Los Angeles - As of April 2022
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The building and construction cost indexes for ENR's individual cities use the same components and weighting as those for the 20 -city national indexes. The city indexes use local prices for portland cement and 2 X 4 lumber and the national average price for structural steel. The city's BCI uses local union wages, plus fringes, for carpenters, bricklayers and iron workers. The city's CCI uses the same union wages for laborers.

To find more recent cost index data, go to this webpage (link below) and click on the link for the year you need, and then navigate to the week you need. Keep in mind that the city cost index figures are always published in the second weekly issue of the month.
httpj/ www.enr.com/economicskurrent_costs
Go back to view all City Indexes.

ENR COST INDEXES IN LOS ANGELES (1978-2022)
YEAR MONTH BCI %CHG CCI %CHG
2022 April 7995.37 +24.2 13698.12 +12.8
2022 March 7638.66 +19.0 13341.33 +10.1
2022 February 7484.16 +17.1 13186.84 +9.1
2022 January 7293.41 +14.4 12996.09 +7.6
2021 December 7208.99 +13.2 12911.66 +7.0
2021 November 7145.56 +12.2 12848.24 +6.4
2021 October 7001.54 +10.0% 12704.21 +5.3%
2021 September 7509.80 +18.1 13212.48 +9.5
Privacy - Terms
ATTACHMENT 4

YEAR
2021
2021
2021
2021
2021
2021
2021
2021
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2020
2019
2019
2019
2019
2019
MONTH
August
July
June
May
April
March
Feb
Jan
Dec
Nov
Oct
Sept
Aug
July
June
May
April
March
Feb
Jan
Dec
Nov
Oct
Sept
Aug
BCI
7701.02
7314.89
7326.41
7292.66
6436.93
6416.68
6388.59
6376.34
6365.59
6368.59
6364.84
6359.71
6349.32
6353.82
6353.05
6389.86
6387.36
6377.01
6376.73
6478.32
6368.01
6359.40
6360.90
6355.27
6371.[1[)
"ACHG ('('1 %CHG
+21.3 13403.65 +11.2
+11.3 13017.52 +5.2
+15.3 13029.04 +8.1
+14.1 12995.29 +7.8
+0.8 12139.56 +0.7
+0.6 12119.31 +0.6
+0.2 12091.22 +0.4
- 1.6 12078.97 -0.5

0.0 12068.22 +0.3

0.1% 12071.22 , 0.4%
+0.1 12067.47 ; +0.3
+0.1 12062.34 +0.3
-0.3 12051.94 +0.1
- 1.4 12056.44 ' -0.5
-1.5 12055.68 , -0.5
-1.2 12056.03 , -0.6
- 0.7 12053.53 . -0.4
+1.6 12043.18 +0.8
+0.2 12042.90 +0.1
+2.1 12144.49 +1.1
+0.3 12034.19 ' +0.2
+0.3 12025.57 +0.2
+0.3 I2027.07 +0.1

11.3 12021.45 +0.2
+0.6 1 2037.1 8 +0.3 Privacy - Terms
ATTACHMENT 4

YEAR
2019
2019
2019
2019
2019
2019
2019
2018
MONTH
July
June
May
April
Mar
Feb
Jan
Dec
Nov
2018 Oct
2018 Sept
2018 Aug
8 July
2018 June
2018 May
2018 Apr
2018 Mar
2018 Feb
2018 Jan
2017 Dec
2017 Nov
2017 Oc
2017 Sept
2017 Aug
2017 Jul
BCI %CHG CCI %CHG
6446.97 +2.(1 12I13.I6 +1 .1
6447.02 +2.8 12113.16 +1.4
6464.47 +3.1 12130.66 +1.6
6453.22 +2.9 12119.41 +1.5
6277.68 +0.1 11943.60 +0.1
6361.93 +1.5 12027.85 +0.8
6345.43 +1.2 12011.35 +0.6
6345.93 +1.2 12011.85 +0.6
6340.43 +1.1 12006.35 +0.6
6343.43 +1.2 12009.59 +0.6
6336.58 +0.7 12002.50 +0.4
6334.33 +0.6 12000.25 +0.3
6319.58 +2.7 11985.50 I +3.0
6274.33 +2.1 11940.25 +2.6
6269.90 +2.0 11935.82 +2.6
6269.90 +1.9 11935.82 +2.5
6269.90 +3.4 11935.82 +3.3
6269.90 +3.4 11935.82 +3.3
6269.90 +3.4 11935.82 +3.3
6269.90 +3.4 11935.82 +3.3
6269.90 +3.8 11935.82 +3.6
6269.90 +3.9 11935.82 +3.6
6294.40 +6.9 11960.32 +7.0
6296.40 +7.4 11962.32 +7.2
6151.0 I +4.9 11636.49 -0.0 Privacy - Terms
ATTACHMENT 4

YEAR MONTH BCI %CHG CCI "/rCHG
2017 Jun 6147.89 +5.0 11636.49 =4.-}
2017 May 6147.89 +4.9 11636.49 i 4.4
2017 Apr 6153.85 +4.9 11642.47 +4.3
2017 Mar 6066.40 +3.4 11555.03 +3.6
2017 Feb 6066.40 +3.6 11555.03 +3.7
2017 Jan 6066.40 +4.2 11555.03 +4.0
2016 Dec 6066.40 +4.1 11555.03 +3.9
2016 Nov 6038.41 +3.7 11527.02 +3.7
2016 Oct 6037.41 +3.6 11526.02 +3.6
2016 Sep 5886.63 +1.0 11178.02 +0.5
2016 Aug 5863.14 +2.50 11154.53 +1.60
2016 Jul 5863.64 +2.60 11155.03 +1.60
2016 Jun 5856.89 +2.40 11148.28 +1.50
2016 May 5858.89 2.20 11150.28 +1.40
2016 Apr 5867.64 +02.40 11159.03 1.50
2016 Mar 5866.39 +2.30 11157.78 +1.50
2016 Feb 5855.40 +2.00 11146.70 +1.30
' 2016 Jan 5823.91 +1.50 11115.28 +1.10
2015 Dec 5825.91 +2.10 11117.28 +3.40
2015 Nov 5826.71 +2.00 11116.01 +3.30
2015 Oct 5838.19 +2.50 11628.27 +8.20
2015 Sep 5831.4 +2.50 11120.77 +3.60
2015 Aug 5718.09 +0.50 10981.02 +2.30
2015 Jul 5718.09 0.00 10981.02 0.00
2015 Jun 5718.09 -0.25 10981.02 -0.13 Privacy - Terms
ATTACHMENT 4

YEAR MONTH BCI °/%CHG CCI %CHG
2015 May 5732.34 0.00 10995.27 0.00
2015 Apr 5725.59 +0.7 10988.52 +2.4
2015 Mar 5732.34 +0.9 10995.27 +2.5
2015 Feb 5740.6 3.1 11003.54 2.5
2015 Jan 5736.07 3 10999 2.5
2014 Dec 5698.75 2.3 10747.68 0.1
2014 Nov 5710.55 2.1 10759.68 4.3
2014 Oct 5698.75 2.1 10747.68 4.3
2014 Sep 5689.25 2.4 10738.18 4.2
2014 Aug 5688.50 2.4 10737.43 4.2
2014 Jul 5688.50 2.3 10737.43 4.2
2014 Jun 5690.50 2.4 10739.43 4.2
2014 May 5686.75 2.5 10735.68 4.2
2014 Apr 5685.75 2.6 10734.68 4.3
2014 Mar 5682.75 2.7 10731.68 4.4
2014 Feb 5565.83 0.5 10734.43 4.4
2014 Jan 5567.58 0.7 10736.18 4.5
2013 Dec 5570.08 0.9 10738.68 4.6
2013 Nov 5572.33 0.7 10740.93 4.5
2013 Oct 5580.33 0.8 11320.93 10.1
2013 Sep 5557.48 0.5 10305.43 0.3
2013 Aug 5556.23 0.4 10304.18 0.2
2013 Jul 5558.98 1.8 10306.93 0.1
2013 Juti 5556.73 1.7 10304.68 0.1
2013 May 5550.98 1.6 10298.93 0.0
ATTACHMENT 4

YEAR MONTH BCI %CHG CCI %CHG
2013 Apr 5541.23 1.7 10289.18 0.0
2013 Mar 5535.98 1.6 10283.93 0.0
2013 Feb 5536.98 2.3 10284.93 1.9
2013 Jan 5528.73 2.1 10276.68 1.8
2012 Dec 5522.98 2.1 10270.93 1.8
2012 Nov 5534.23 2.3 10282.18 1.9
2012 Oct 5535.23 2.4 10283.18 2.0
2012 Sep 5532.23 2.5 10280.18 2.0
2012 Aug 5532.60 2.5 10280.55 2.0
2012 Jul 5461.22 1.4 10295.55 2.3
2012 Jun 5465.22 1.7 10299.55 2.5
2012 May 5465.72 1.8 10300.05 2.5
2012 May 5465.72 1.8 10300.05 2.5
2012 Apr 5450.97 1.6 10285.30 2.4
2012 Mar 5449.22 1.7 10283.55 2.5
2012 F eb 5414.62 1 . 1 10091.80 0.6
2012 Feb 5414.62 1 . 1 10091.80 0.6
2012 Jan 5414.62 1.7 1009 1.80 0.9
2011 Dec 5411.62 1.6 10088.80 0.8
2011 Nov 5411.12 1.5 10088.30 0.8
2011 Oct 5406.12 1.6 10083.30 0.8
2011 Sep 5399.62 4.2 10076.80 1.3
2011 Aug 5398.37 3.8 10075.55 1.1
2011 Jul 5385.62 3.5 10062.80 0.9
2011 Jun 5374.12 3.5 10051.30 0.9
Privacy - Terms
ATTACHMENT 4

YEAR MONTH BCI %CHG CCI %CHG
2011 May 5368.37 3.7 10045.55 1.0
2011 Apr 5367.37 5.9 10044.55 2.8
2011 Mar 5357.87 5.8 10035.05 2.8
2011 Feb 5354.87 5.8 10032.05 2.8
2011 Jan 5323.12 5.2 10000.3 2.4
2010 Dec 5327.12 5.3 10004.3 2.5
2010 Nov 5330.37 5.4 10007.55 2.5
2010 Oct 5321.87 5.2 9999.05 2.4
2010 Sep 5181.45 2.4 9948.55 1.9
2010 Aug 5202.09 2.8 9969.19 2.1
2010 Jul 5201.59 2.8 9968.69 2.1
2010 Jun 5195.09 2.4 9962.19 1.9
2010 May 5178.34 1.8 9945.44 1.6
2010 Apr 5068.58 -0.5 9771.69 -0.3
2010 Mar 5066.58 -0.6 9769.69 -0.3
2010 Feb 5060.58 -0.7 9763.69 -0.3
2010 Jan 5058.83 -1 9761.94 -0.5
2009 Dec 5060.58 -1.2 9763.69 -0.6
2009 Nov 5057.83 -2.2 9760.94 -1.2
2009 Oct 5057.58 -2.6 9760.69 -1.4
2009 Sep 5062.33 0.9 9765.44 4
2009 Aug 5063.08 2 9766.19 4.5
2009 Jul 5061.33 2.1 9764.44 4.6
2009 Jun 5074.08 3.8 9777.19 5.5
2009 May 5086.83 5 9789.94 6.1 Privacy - Terms
ATTACHMENT 4

YEAR MONTH BCI %CHG CCI %CHG
2009 Apr 5094.33 5.6 9797.44 6.4
2009 Mar 5096.08 5.7 9799.19 6.5
2009 Feb 5093.58 6 9796.69 6.7
2009 Jan 5107.83 6.3 9810.94 6.8
2008 Dec 5120.08 6.6 9823.19 7
2008 Nov 5173.08 7.8 9876.19 7.6
2008 Oct 5191.83 8.4 9894.94 7.4
2008 Sep 5014.96 4.7 9394.19 1.9
2008 Aug 4963.21 5.3 9342.44 5.4
2008 Jul 4956.46 5.2 9335.69 5.4
2008 Jun 4886.71 3.9 9265.94 4.6
2008 May 4844.71 2.3 9223.94 3.8
2008 Apr 4825.46 2.1 9204.69 3.7
2008 Mar 4820.46 2.1 9199.69 3.7
2008 Feb 4804.19 1.8 9183.42 3.5
2008 Jan 4804.19 1.8 9183.42 3.5
2007 Dec 4802.44 1.6 9181.67 3.4
2007 Nov 4799.94 1.2 9179.17 3.2
2007 Oct 4789.42 1.5 9216.07 3.9
2007 Sep 4788.42 8.3 9215.07 7.5
2007 Aug 4712.65 6.8 8863.27 3.5
2007 Jul 4710.65 6.8 8861.27 3.5
2007 Jun 4704.15 7 8854.77 3.6
2007 May 4738.2 7.6 8888.82 3.9
2007 Apr 4724.2 7.3 8874.82 3.7
ATTACHMENT 4
Privacy - Terms

YEAR MONTH BCI %CHG CCI %CHG
2007 Mar 4722.47 7.3 8873.09 3.8
2007 Feb 4719.97 7.1 8870.59 3.6
2007 Jan 4720.47 6.7 8871.09 3.5
2006 Dec 4728.35 7.1 8878.97 3.6
2006 Nov 4742.45 8 8893.07 4.1
2006 Oct 4717.7 8.3 8868.32 4.3
2006 Sep 4421.91 2 8572.47 1
2006 Aug 4419.66 4.1 8570.22 3.5
2006 Jul 4412.66 3.7 8563.22 3.3
2006 Jun 4396.16 3.1 8546.72 3
2006 May 4402.99 4 8553.55 3.5
2006 Apr 4404.74 4.1 8555.3 3.5
2006 Mar 4401.74 4.8 8552.3 3.9
2006 Feb 4407.74 4.9 8558.3 3.9
2006 Jan 4422.86 6.4 8573.42 4.6
2005 Dec 4416.86 6.3 8567.42 4.6
2005 Nov 4389.61 5.9 8540.17 4.4
2005 Oct 4355.29 5.4 8505.85 4.1
2005 Sep 4334.64 4.9 8485.2 3.9
2005 Aug 4244.74 4.5 8277.95 5.4
2005 Jul 4256.74 5.1 8289.95 5.7
2005 Jun 4266.07 5.3 8299.28 5.8
2005 May 4233.98 5.6 8267.19 5.9
2005 Apr 4233.42 6.3 8266.63 6.3
2005 Mar 4200.5 6.6 8233.71 6.5 Privacy - Terms
ATTACHMENT 4

YEAR MONTH 13CI %CHG CCI %CHG
2005 Feb 4202.5 7.9 8235.71 7.1
2005 Jan 4156.27 8.1 8193.21 8.8
2004 Dcc 4155.2 8 8192.14 8.8
2003 Dec 38,17.3 1.6 7531.77 1.7
2002 Dec 3787.76 7.5 7402.75 2.4
2001 Dec 3694.24 0.4 7226.92 2.3
2000 Dec 3680.26 2.5 7068.04 3.6
1999 Dec 591.01 -0.7 6825.97 -0.4
1998 Dec 61 1.6 6851.95 2.8
1997 Dec 560.53 3.9 6663.55 1.6
1996 Dec 3426.7 0 6558.44 0.5
1995 Dec 3427.26 0.2 6526.22 -0.1
1994 Dec 3420.42 2.6 6532.95 0.9
' 1993 Dec 3334.43 4 1 6477.84 2
1992 Dec 3198.66 3.3 6348.55 4.2
1991 Dec 3097.83 2.6 6090.12 1.6
1990 Dec 3020.51 5.8 5994.55 3.5
1989 Dec 2855.26 0.1 5789.77 0.3
1988 Dec 2851.67 1.2 5770.84 5.4
1987 Dec 2816.48 1.9 5474.14 0,4
1986 Dec 2762.63 3.7 5452.2 0. I
1985 2664.58 -2.3 5446.69 3.6
1984 Dec 2726.44 .4 5259.93 3.9
1983 Dec 2586.58 1.8 5063.89 2.6
1982 Dec 2540.67 5.6 4934.14 8.9
ATTACHMENT 4

YEAR MONTH BCI %CHG CCI "A)CHG
1981 Dec 2405.22 5.9 4530.96 10.4
1980 Dec 2272.26 10 4102.37 12.7
1979 Dec 2065.79 4.9 3638.81 6.4
1978 Dec 1969.77 8.9 3421.25 8.2
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ATTACHMENT 4

TO:

VIA:

FROM:

DATE:

SUBJECT:

FISCAL
IMPACT:

SUMMARY:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF DEVELOPMENT SERVICES
APRIL 19, 2022

PUBLIC HEARING TO APPROVE AGREEMENT WITH TWO FRANCHISE

VEHICLE DEALERS IN PLACENTIA FOR THE ESTABLISHMENT OF THE

RESIDENT VEHICLE REBATE PROGRAM AS PART OF THE CITY'S BUY

LOCAL INCENTIVE PROGRAM
ESTIMATED EXPENDITURES OF UP TO $120,000 ANNUALLY (NOT TO EXCEED $360,000 OVER A 3 -YEAR TERM)
The City's Buy Local Incentive Program is a means to spur growth of the local tax base and to encourage Placentia residents to buy local by creating specific incentive programs aimed to entice residents to buy their products in Placentia. The Resident Vehicle Rebate Program has been developed to incentivize Placentia residents to purchase or lease a vehicle from a franchise vehicle dealer, Fairway Ford or Audi North Orange County in Placentia, by offering a $500 rebate for vehicles purchased/leased with a minimum sales price of $25,000. If approved by the City Council, the program will begin on May 1, 2022 and continue for a three-year period, ending on April 30, 2025. The annual allocation for this program is $120,000 and may not exceed a total of $360,000 over the three-year term of the agreement.

Pursuant to Assembly Bill 562, codified as California Government Code Section 53083, the City is required to hold a public hearing on the terms of any agreement that provides subsidies to local businesses in the amount of $100,000 or more. In accordance with that statute, a written Economic Development Subsidy Report detailing the terms of a proposed agreement has been made available to the public. The subsidy is provided to advance the public interest, including increased employment, an enhanced local tax base through recruitment and retention of revenue - generating businesses. If approved by the City Council, the proposed subsidy will result in retaining and expanding upon the City's largest producers of sales tax revenue, which will ensure support for essential City services such as public safety, recreation, and public infrastructure.

RECOMMENDATION:

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

1. Open the public hearing pursuant to California Government Code 53083 to consider the terms of the Economic Development Subsidy Report; and

2. c.

Apr. 19, 2022

City Council Agenda
April 19, 2022

Page 2 ends

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

3. Close the public hearing; and

4. Authorize the City Administrator to execute the participation agreement with Penske Audi North OC and Fairway Ford to establish the Resident Vehicle Rebate Program for the period of May 1, 2022 to April 30, 2025, for a total of $120,000 per year, for an amount not to exceed $360,000 over a three-year period, subject to non -substantive changes approved by the City Administrator and City Attorney; and

5. Approve Resolution No. R-2022-20, 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 Sections 1206 and 1209 pertaining to appropriations for actual expenditures to allocate funds in the amount of $20,000 from the General Fund Reserve for Appropriation (Account No. 102534-6363) for the Resident Vehicle Rebate Program; and

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

DISCUSSION:

The City, in an effort to generate additional sales tax revenue, create additional local jobs, and enhance economic vitality, proposes to create the Resident Vehicle Rebate Program, which is a type of subsidy included in Government Code Section 53083. The City of Placentia ("City"), Fairway Ford, Inc. ("Fairway Ford"), and Audi North Orange County ("Audi North OC") intend to enter into an Economic Development Subsidy Agreement ("Agreement"). The Agreement requires Fairway Ford and Audi North OC to retain their business in Placentia, and for the City to provide a limited sharing of sales tax revenue to assist Fairway Ford retention in Placentia and Audi North OC in recouping its development and renovation costs to ensure its long-term viability in the City of Placentia.

The Resident Vehicle Rebate Program has been developed to incentivize Placentia residents to purchase or lease a vehicle from a franchise vehicle dealer in Placentia by offering a $500 rebate for vehicles purchased/lease with a minimum sales price of $25,000. The City estimates that the total amount of the expenditure or loss of revenue of public funds as a result of the economic development subsidy will be up to $120,000 per year for a total of $360,000 for a three (3) year period.

City Council Agenda
April 19, 2022

Page 3 ends

• Create new jobs in the community, thereby stimulating further generation of sales tax revenue and increased demand for local housing, goods, and services. • Provide enhanced and increased vitality to a highly visible property along a commercial corridor, making it a more appealing, economically vital destination for prospective car buyers.

Since the dissolution of Redevelopment Agencies throughout the State of California since 2012, the City has been forced to be increasingly creative in its attempts to attract or expand new revenue -generating businesses to the community. The proposed Agreement, through its generation of sales tax revenue and creation of additional on -site employment, advances the City's economic development goals and thus achieves a considerable public purpose.

With marketing of the program, Staff is expecting that the number of new and leased autos sold to local residents, and entitled to the incentive, could reach up to 720 vehicles. The chart below demonstrates the projected sales tax per vehicle to the City at each purchase price level and the estimated revenue to the City after the rebate is provided to the resident.

Example of Revenue Generated Per Vehicle Sold with Rebate Incentive Purchase Price
Sales Tax to
City (2.0%)
Rebate to
Residents
Estimated
Revenue to City
Per Vehicle
$25,000
$500
$500
$0
$30,000
$600
$500
$100
$35,000
$700
$500
$200
$40,000
$800
$500
$300
$45,000
$900
$500
$400
$50,000
$1,000
$500
$500
Government Code Section 53083 requires that the City Council must hold a noticed public hearing and, prior to the public hearing, provide information to the public through the City's website regarding the proposed economic development subsidy in a report (Attachment 2). An "Economic Development Subsidy" is any expenditure of public funds or loss of revenue of $100,000 or more, for the purpose of stimulating economic development. The aggregate expenditure of public funds by the City for the Placentia Vehicle Rebate Program is anticipated to be over $100,000. An economic subsidy report has been prepared and shall remain available to the public and posted on the City's website until the end date of the economic development subsidy.

City Council Agenda
April 19, 2022

Page 4 of 4 ends

FISCAL IMPACT:

Upon approval of the appropriation adjustment, estimated funds in the amount of $20,000 for the first two (2) months of this agreement will be available in the Resident Vehicle Rebate Program (Account No. 102534-6363) for expenditure in FY 2021-22. Future amounts will be included as part of the City's budget.

Funds for the agreement period will be budgeted in the fiscal years as follows:

Fiscal Year
Account
Amount
2021-22
102534-6363
$20,000
2022-23
102534-6363
$120,000
2023-24
102534-6363
$120,000
2024-25
102534-6363
$100,000
Total
$360,000
Prepared by:

Jea ette Leda
Assistant to the City Administrator/
Economic Development Manager
Reviewed and approved:

Jennifer Lampman
Finance Director City Administrator
Reviewed and approved:
ph'M. Lambert
'rector of Development Services
Reviewed and approved:

Damien R. Arrula
Attachments

1. Participation Agreement

2. Economic Development Subsidy Report

3. Program Guidelines and Form

4. Resolution No. R-2020-20 - Budget Amendment

RESOLUTION NO. R-2022-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PLACENTIA, CALIFORNIA, APPROVING THE

ECONOMIC DEVELOPMENT SUBSIDY REPORT

PREPARED PURSUANT TO GOVERNMENT CODE
SECTION 53083 REGARDING A PARTICIPATION

AGREEMENT BETWEEN THE CITY OF PLACENTIA AND

FAIRWAY FORD AND AUDI NORTH ORANGE COUNTY
A. Recitals
(i), The City of Placentia ("City") is a California municipal corporation; and (ii). Fairway Ford and Audi North Orange County are California Corporations that are qualified to conduct business in the State of California and the City of Placentia; and
(iii). Fairway Ford and Audi North Orange County possesses a valid City of Placentia Business License, Sales Permit from the California Department of Motor Vehicles, and Sales and Use Permit from the State Board of Equalization; and (iv). The sales tax revenue generated by local merchants is critical to the City of Placentia's economic viability; and
(v). Pursuant to Government Code Section 53083, the City has provided detailed terms of a proposed agreement between the City and Fairway Ford and Audi North Orange County in an Economic Development Subsidy Report and provided this information in written form to the public on the City's website; and (vi). The operation of these franchise auto dealerships in Placentia, pursuant to the proposed Agreement, would provide the following benefits to the community:

1. Ensuring increased sales for Fairway Ford and Audi North Orange County and increased sales tax revenue to the City of Placentia, which ultimately funds essential City services while securing the City's long-term financial stability.

2. Create new jobs in the community, thereby stimulating further generation of sales tax revenue and increased demand for local housing, goods, and services.

3. Provide enhanced and increased vitality to a highly visible property along a commercial corridor, making it a more appealing, economically vital destination for prospective car buyers.
(vii). The City, Fairway Ford and Audi North Orange County have negotiated the terms of an Economic Development Subsidy Agreement to ensure the long-term success of these franchise auto dealerships and further the City's sales tax generation; and
Resolution R-2022-25 ATTACHMENT 1

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(viii). Pursuant to Government Code 53083, the City has held a noticed public hearing on April 19, 2022 to consider all written and oral comments regarding the proposed economic development subsidy as required by said statute; and (ix). The City has determined that approval of the Agreement is not a "project" as defined by the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) ("CEQA"), or is exempt pursuant to the State CEQA Guidelines (Cal. Code Regs., § 15000 et seq.) section 15061(b)(3), because the Agreement does not have the potential for resulting in either a significant direct physical change in the environment or a reasonably foreseeable significant indirect physical change in the environment; and (x). The City has duly considered all terms and conditions of the proposed agreement and maintains it serves the public interest of the City of Placentia. (xi). All legal prerequisites to the adoption of this Resolution have occurred.

B. Resolution

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

1. The foregoing recitals are true and correct, and are incorporated herein and made an operative part of this Resolution.

2. The City Council hereby approves the Participating Agreement in the form attached to this Resolution as Exhibit A. The City Council hereby authorizes the City Administrator, with the concurrence of the City Attorney, to execute said Agreement. City Administrator is hereby authorized to take any additional steps necessary to facilitate the intent of this action.

3. Pursuant to the California Environmental Quality Act ("CEQA") (Pub. Res.

Code, § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs, tit. 14 § 15000 et seq.), the City is the lead agency for this action. The City Council finds that approving the Operating Covenant Agreement is not a "project" subject to CEQA pursuant to State CEQA Guidelines sections 15060(c)(2), 15060(c)(3), and 15378. Under section 15060(c)(2) an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment is not subject to environmental review under CEQA. Further, under section 15060(c)(2) an activity that is not a project as defined in CEQA Guidelines section 15378 is also not subject to environmental review under CEQA. Here, approval of the Agreement, in of itself, does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore is not considered a "project" under CEQA. (Pub. Resources Code, § 21065; State CEQA Guidelines, § 15378(a).)

4. The City Council of the City of Placentia approves the Economic Development Subsidy Report as presented or amended by City Council following public Resolution R-2022-25 ATTACHMENT 1

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comment.

APPROVED and ADOPTED this 19th day of April, 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 held on the 19th day of April 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-2022-25 ATTACHMENT 1

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EXHIBIT A

PARTICIPATION AGREEMENT
[Attached behind this cover page]
Resolution R-2022-25 ATTACHMENT 1

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PARTICIPATION AGREEMENT FOR THE CITY OF PLACENTIA

RESIDENT VEHICLE REBATE PROGRAM WITH

CITY OF PLACENTIA VEHICLE DEALERS
This Participation Agreement for the City of Placentia Resident Vehicle Rebate Program ("Agreement") is entered into this 19th day of April 2022, by and between the City of Placentia, a municipal corporation, and the City of Placentia Vehicle Dealer, Fairway Ford and Audi North Orange County, all collectively referred to hereafter as the "Parties."

RECITALS

1. The Parties desire to implement a City of Placentia Resident Vehicle Rebate Program whereby the City shall reimburse the amount of $500.00 to Placentia residents for the purchase or lease. of a new car from a participating Placentia Vehicle Dealer. This agreement will govern the process of reimbursement to participating dealerships that provide a corresponding discount on the purchase/lease price of a new vehicle purchased in the City of Placentia by a citizen of Placentia.

AGREEMENT

2. Rebate Program: The City of Placentia hereby agrees to provide to a participating dealership a rebate of $500.00 per new vehicle purchased or leased by a citizen of Placentia, provided:

A. The dealership documents the sale/lease of a new vehicle to an eligible City of Placentia resident under the program guidelines,
B. Discounts the purchase price of the new vehicle an additional amount of $500.00 from the agreed upon purchase price,
C. Submits to the City within 30 days of the final sale date a City provided rebate request and corresponding proof of sale document under the program guidelines established by the City for administration of the Resident Vehicle Rebate Program.

3. Dealership Responsibilities: A dealership eligible for participation shall meet all of the following requirements:

A. A new vehicle dealership franchise in good standing with their parent corporation.

B. The dealership shall have no current, outstanding, or unresolved City of Placentia code violations or any legal or administrative proceedings against the City of Placentia.

C. Meet the requirements of the City under the program guidelines established by the City Administrator or designee for the rebate program.

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City of Placentia Resident Vehicle Rebate Pi EXHIBIT A

5. Term: The term of this Agreement shall be for a period of three (3) years with no extensions.

6. Reimbursement by City: The City shall reimburse a participating dealership within 30 days of submittal of a request for reimbursement and all required documentation required by the City to verify the sale of a new vehicle under the program guidelines. All purchases shall be bundled and submitted to the City on a monthly basis and reimbursements will be issued on a monthly basis by the City.

7. Administration: The City Administrator is hereby appointed to administer this Agreement and take all necessary actions to implement this Agreement on behalf of the City.

8. Interpretation of the Agreement:

A. This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written. Any amendment to this Agreement, including an oral modification supported by new consideration, must be reduced to writing and signed by both parties before it will be effective.

B. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.

C. This Agreement is to the benefit of, and is binding on, the parties, their respective heirs, personal representatives' successors and assigns.

D. The captions heading the various paragraphs of this Agreement are for convenience and shall not be considered to limit, expand, or define the contents of the respective paragraphs. Masculine, feminine, or neuter gender and the singular and the plural number, shall each be considered to include the other whenever the context so requires. If either party consists of more than one person, each such person shall be jointly and severally liable. This Agreement shall be interpreted under California law and according to its fair meaning, and not in favor of or against any party.

9. Governing Law: This Agreement is executed and intended to be performed in the State of California, and the laws of that State shall govern its interpretation and effect. Any legal proceedings on this Agreement shall be brought under the jurisdiction of the Superior Court of the County of Orange, State of California.

Executed as of the first date above.

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City of Placentia Resident Vehicle Rebate Pi EXHIBIT A

City of Placentia Fairway Ford
By:

Damien Arrula
Its: City Administrator
By:

Name
Its: Title
Approved as to Form: Audi North Orange County
Christian Bettenhausen, City Attorney
By:

Name
Its: Title

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City of Placentia Resident Vehicle Rebate Pi EXHIBIT A

CITY OF PLACENTIA

ECONOMIC DEVELOPMENT SUBSIDY REPORT
PURSUANT TO GOVERNMENT CODE SECTION 53803
(AB 562 REPORT)

PLACENTIA CITY COUNCIL

PUBLIC HEARING
APRIL 19, 2022
Legislative Intent
With the adoption of Assembly Bi11 562 in 2013, now codified as California Government Code Section 53083, the California Legislature recognized the authority of local officials to use their regulatory powers, direct spending, and tax policies to influence where, when, and how the private sector invests capital and improves real property. The Legislature also intended to promote transparency and accountability in economic development subsidies, similar to annual financial reporting and local fiscal decisions. The legislation requires that subsidies to local businesses in the amount of $100,000 or more — those intended to increase employment, enhance the local tax base, and attract or retain desirable businesses — be detailed in a written report and placed on an agenda for a public hearing at a regularly scheduled meeting. The proposed Agreement would result in a subsidy to Fairway Ford and Audi North OC, based on a refund of a portion of the City's sales tax to be generated, in an amount not to exceed $360,000 for a three (3) year period.

Therefore, this report is intended to satisfy the requirements of Government Code 53083, and is being made available to the public prior to consideration of the proposed Agreement and authorization of the economic development subsidy.

Legal Requirements
In accordance with Government Code Section 53083, the following elements must be addressed in written form, and be made available to the public (including posting on the City's website) prior to the approval of the proposed economic development subsidy:
1) The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable.
2) The start and end dates and schedule, if applicable, for the economic development subsidy. 3) A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy.
4) A statement of the public purposes for the economic development subsidy. 5) Projected tax revenue to the local agency as a result of the economic development subsidy. 6) Estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions.

Page 1 of 4 ends

ATTACHMENT 2

Proposed Agreement
The City of Placentia, in an effort to generate additional sales tax revenue, create additional local jobs, and enhance economic vitality, proposed to provide the type of subsidy included in Government Code Section 53083. The City of Placentia ("City") and Fairway Ford, Inc. ("Fairway Ford") and Audi North Orange County ("Audi North OC") intend to enter into an Economic Development Subsidy Agreement ("Agreement"). The Agreement requires Fairway Ford and Audi North OC to retain the subject property in Placentia, and for the City to provide a limited sharing of sales tax revenue to assist Fairway Ford and Audi North OC in recouping its development and renovation costs to ensure its long-term viability in the City of Placentia.

1. The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy.

The Agreement is with Fairway Ford, a California Corporation and Audi North OC.

Fairway Ford and Audi North OC is the sole beneficiary of the economic development subsidy.

Fairway Ford
1350 E. Yorba Linda Blvd
Placentia, CA 92870
Audi North Orange County
1275 E. Yorba Linda Blvd
Placentia, CA 92870

2. The start and end dates and schedule, if applicable, for the economic development subsidy.

The Agreement is effective twelve (12) days upon the date of the approval by the City Council.

3. A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy.

The economic development subsidy shall be subsidy of $500.00 per new vehicle purchased or leased by a citizen of Placentia. The City estimates that the total amount of the expenditure or loss of revenue of public funds as a result of the economic development subsidy will be up to One Hundred and Twenty Thousand Dollars ($120,000) per year for a total of Three Hundred and Sixty Thousand Dollars ($360,000) for a three (3) year term of this Agreement.

Obligations of Fairway Ford and Audi North OC
A. Continuously operate, or cause and allow for the continuous operation of, Fairway Ford located at the property with site address of 1350 E. Yorba Linda Boulevard, Placentia, California, 92870, unless and until the business may be subsequently expanded to include additional properties in the City, if any.

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ATTACHMENT 2

B. Continuously operate, or cause and allow for the continuous operation of, Audi North OC located at the property with site address of 1275 E. Yorba Linda Boulevard, Placentia, California, 92870, unless and until the business may be subsequently expanded to include additional properties in the City, if any.

C. Operate with inventory and sales personnel sufficient to satisfy and respond to customer demand and, in compliance with Government Code Section 53084.5, shall designate said property on its sales tax statements as the point -of -sale for all sales transactions generated from or arising out of the business conducted on the subject property.

D. Maintain, or cause maintenance of said property to the standards and regulations of the Placentia Municipal Code, at the company's own expense.

E. Carry out the operation of the business of retail automobile sales in substantial conformity with applicable laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State of California, Orange County, and the City of Placentia.

F. Maintain continued possession of valid City of Placentia Business License, and Sales & Use Tax Permit from the State of California Board of Equalization.

4. A statement of the public purposes for the economic development subsidy.

The proposed Agreement is consistent with City's economic development goals and objectives, and is in the best interest of the general public. Specifically, the following public purposes are achieved:
• Ensuring increased sales for Fairway Ford and Audi North OC and increased sales tax revenue to the City of Placentia, which ultimately funds essential City services while securing the City's long-term financial stability. • Create new jobs in the community, thereby stimulating further generation of sales tax revenue and increased demand for local housing, goods, and services. • Provide enhanced and increased vitality to a highly -visible property along a commercial corridor, making it a more appealing, economically -vital destination for prospective car buyers.

The proposed Agreement will encourage the long-term viability of the City's highest - grossing automobile businesses and one of its largest producers of sales tax revenue. That revenue will support the City's General Fund, from which the City funds essential services such as public safety, recreation, infrastructure, etc. Ford Motor and Audi Companies have an established national brand which can benefit the City in future business expansion and retention. Since the dissolution of Redevelopment Agencies throughout the State of California since 2012, the City has been forced to be increasingly creative in its attempts to attract or expand new revenue -generating businesses to the community. The proposed Agreement, through its generation of sales tax revenue and creation of additional on -site

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ATTACHMENT 2

employment, advances the City's economic development goals and thus achieves a considerable public purpose.

5. The projected tax revenue to the local agency as a result of the economic development subsidy.

The City anticipates that the retention of the Fairway Ford dealership within the City will result in an approximate retention of annual sales tax revenue in the amount of $133,460.

In addition, the value of the new dealership of Audi North OC is valued at approximately $20.0 Million Dollars and will result in additional real property taxes (to the City of Placentia) in the amount of $108,000 per year, plus additional Personal Property Taxes, based on $2.0 Million Dollars of improvements.

In addition an increase in business license tax from Audi North OC is projected to be $2,900, based upon Pro -forma Revenue of $52.0 Million.

Although there will not be an increase business license tax by Fairway Ford, the City will continue to receive approximately $2,890 in business license tax from Fairway Ford, Inc.

6. The estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions.

The retention of Fairway Ford within the City is anticipated to result in the retention of 95 jobs currently at the dealership over the term of the agreement.

The new dealership Audi North OC is anticipated to result in the creation of 35 new jobs at the dealership.

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ATTACHMENT 2

PROGRAM GUIDELINES

RESIDENT VEHICLE REBATE PROGRAM
As a means to spur growth of the local tax base and to encourage Placentia residents to "buy local", the City of Placentia has developed the Resident Vehicle Rebate Program ("Program") that incentivizes Placentia residents to purchase a car and/or truck from an existing or currently proposed franchised auto dealer within the City of Placentia.

The Program provides a $500 rebate to a Placentia resident who purchases a new car or truck from a franchised Placentia auto dealer. The Program was developed to avoid leakage of local automotive purchases to outside jurisdictions and would ensure that future revenue generated by this sector will be available to provide vital City services.

Program Objectives
• Reinvest in the local economy.
• Incentivize residents to shop local.
• Avoid leakage of automotive purchases to other cities. • Maintain a strong retail sales base in the City.

Buy Local
The Resident Vehicle Rebate Program ("Program") has been designed to encourage residents to purchase or lease a car or truck from a franchised auto dealers in the City of Placentia. A list of eligible dealerships is provided below.

Eligible Dealerships

1. Fairway Ford - 1350 E. Yorba Linda Drive, Placentia, CA 92870

2. Audi North Orange County - 1275 E. Yorba Linda Drive, Placentia, CA 92870 Eligible Participants
Any resident of the City of Placentia that purchases or leases a new automobile or truck from the eligible dealership is eligible to receive the $500 rebate. • Qualified residents must be able to provide proof of Placentia residency to dealership via a California Driver's license.
• Qualified residents must sign a Placentia Resident Rebate Form verifying residency. • $500 rebate will be applied to the purchase/lease price on the sales contract. • Minimum car purchase is subject to a final sales price of $25,000 (after all manufacturer rebates and dealer incentives).

Qualifying Vehicles
ATTACHMENT 3

- All new purchases of new cars or trucks (minimum final sales price of $25,000) are eligible.
- All new leases of a new cars or truck is eligible.
• Motorcycles, off -road vehicles or watercraft are not eligible purchases under this program.

Rebate Administration and Process

1. Participating dealers document the sale/lease of a new vehicle using the Resident Rebate Form. Dealer must include: 1) final sales invoice showing proof of purchase; 2) Resident Rebate Form 3) copy of valid resident California Driver's license for full reimbursement.

2. On a monthly basis dealers will submit all Resident Rebate Forms with required documentation to the City of Placentia for reimbursement and processing. Purchase summary form must be filled out and attached with rebate forms.

3. Within 30 days of receipt from dealerships, City will provide reimbursement to dealers.

4. Dealers that reimburse a non -Placentia resident will not be reimbursed from the City.

Dealer Responsibilities
• Dealership franchises must be in good standing with their manufacturer. • Dealerships must promote the Resident Vehicle Rebate Program via existing and/or new marketing efforts.
• Dealerships must collect and submit all required documentation as proof of residency for qualified Placentia residents.

Program Term
The first term of the Resident Vehicle Rebate Program shall be for three years from May 1, 2022 to April 30, 2025.

Program Administration
Within 5 business days of receipt of documentation from dealerships, the City of Placentia's Economic Development Division will review the rebate applications and all supporting documentation. If documentation is missing, staff will request additional documentation from the dealerships. This will delay the processing of payment until all required documentation is received.

Upon approval of documentation, Economic Development Division staff will forward to the City of Placentia's Finance Agency for processing and reimbursement. The City of Placentia's Finance Agency will be responsible for issuing checks to dealerships within 30 days of receipt of approved rebate forms.

Program Funding
The annual Program budget shall be limited to $120,000 for reimbursements.

Program Evaluation
Economic Development Division staff will evaluate the effectiveness of the program biannually by determining if the rebate has increased or kept stable the number of new car sales and leases for Placentia residents. Staff will also consider factors like the change in the economy and new dealerships opening outside of the City borders.

ATTACHMENT 3

PLACENTIA RESIDENT VEHICLE REBATE PROGRAM
FORM

VEHICLE IDENTIFICATION

NUMBER (VIN)
ELIGIBLE NEW MODEL #

RETAIL DELIVERY DATE
CUSTOMER INFORMATION FOR VALIDATION:

CUSTOMER LAST NAME I FIRST, M.I.

TELEPHONE NUMBER

STREET ADDRESS

CITY, STATE

ZIP CODE
❑ Address has been verified as City of Placentia resident

DEALERSHIP NAME
Purchase Amount/Rebate Amount
Initial below:

I, the customer and Placentia resident, have applied the Placentia Resident's Rebate towards the purchase of my vehicle. Therefore, I have assigned the cash payment directly to the dealer. I release the City of Placentia from any further claim or obligation for payment to me for this vehicle.

I, the customer, give the dealership named above permission to share this form, the final sales contract and a copy of my driver's license to the City of Placentia to process the rebate.

CUSTOMER SIGNATURE DATE

SALES MANAGER NAME (PLEASE PRINT) DEALERSHIP NAME DATE

SALES MANAGER SIGNATURE DATE
THIS COMPLETED FORM MUST BE FORWARED TO THE CITY OF PLACENTIA WITH THE VEHICLE SALES DOCUMENTS. BY SIGNING

THE ABOVE DOCUMENT, THE DEALER IS VERIFYING THAT THE RESIDENT LIVES IN THE CITY OF PLACENTIA AND QUALIFIES FOR THE REBATE.

ATTACHMENT 3

PLACENTIA PROGRAM PURCHASE SUMMARY FORM

FOR THE MONTH OF YEAR

DATE OF PURCHASE/LEASE

RESIDENT NAME

NEW/LEASE AUTO

REBATE AMOUNT
TOTAL REBATE AMOUNT FOR THE MONTH:

ATTACHMENT 3

RESOLUTION NO. R-2022-20

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
SECTIONS 1206 AND 1209 PERTAINING TO

APPROPRIATIONS FOR ACTUAL EXPENDITURES TO
ALLOCATE FUNDS IN THE AMOUNT OF $20,000 FROM

THE GENERAL FUND RESERVE FOR APPROPRIATION
(ACCOUNT NO. 102534-6363) FOR THE RESIDENT

VEHICLE REBATE PROGRAM
A. Recitals.
(i). The adopted budget for the 2021-22 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.

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.

2. The adopted budget for Fiscal Year 2021-22, Resolution No. R-2021-41, is hereby amended to reflect the following expenditure of funds:

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

Fund
Description
Department
GL Account
Amount
T • e
General Fund
Vehicle Rebate
Program
Development
Services
102534-6363
$20,000
Expense
General Fund
Reserve
0010-3001
$20,000
Revenue
Resolution R-2022-20

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ATTACHMENT 4

PASSED, ADOPTED AND APPROVED THIS 19" DAY OF APRIL 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 19t" day of April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

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

Christian L Bettenhausen, City Attorney
Resolution R-2022-20 ATTACHMENT 4

Page 2 ends

TO:

VIA:

FROM:

DATE:

SUBJECT:

Placentia Cit Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF DEVELOPMENT SERVICES
APRIL 19, 2022
INTRODUCTION AND FIRST READING OF ORDINANCE NO. O-2022-04, WHEREBY CHAPTER 23.90 OF THE MUNICIPAL CODE SHALL BE AMENDED

REGARDING THE STANDARDS AND REGULATORY REQUIREMENTS OF
TEMPORARY ADVERTISING DEVICES (ZONING CODE AMENDMENT 2022-01) FISCAL
IMPACT: NONE
SUMMARY:

City Council is in the process of creating the Placentia Buy Local Incentive Program, which will include several different components intended to boost Economic Development citywide. One of the anticipated components of the Buy Local Program will incentivize businesses to upgrade their permanent signs, and a Resolution waiving certain Planning and Building permit fees has been prepared to initiate this component of the program. Another component of the program relates to temporary signs (banners, etc.). Over the last several years, Staff has found that there are ambiguities and inconsistencies regarding the standards and regulatory requirements of temporary advertising devices, resulting in confusion for business owners who wish to utilize temporary advertising. In discussing the Placentia Buy Local Incentive Program as it relates to signage, the aforementioned issues surfaced, and Staff was directed to prepare an ordinance to clarify the temporary sign regulations citywide.

RECOMMENDATION:

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

1. Open the public hearing concerning Ordinance No. O-2022-04; and

2. Receive the staff report, consider all Public Testimony, ask any questions of Staff; and

3. Close the public hearing; and

4. Find that adoption of Zoning Code Amendment No. 2022-01 is categorically exempt from environmental review and direct Staff to file a Notice of Exemption, pursuant to CEQA Section 15061(b)(3); and
2,d.

Apr. 19, 2022

City Council Agenda
April 19, 2022

Page 2 of 5 ends

5. Waive full reading, by title only, and introduce for first reading, Ordinance No. O-2022-04, an Ordinance of the City Council of the City of Placentia, California, finding that approval of Zoning Code Amendment No. 2022-01 is exempt from the California Environmental Quality Act (CEQA) Pursuant To CEQA Section 15061(B)(3) and approving Zoning Code Amendment No. 2022-01 amending Title 23 (Zoning Ordinance) of the City of Placentia Municipal Code regarding the standards and regulatory requirements of temporary advertising devices as defined In Chapter 23.90 Signs - Advertising Structures; and

6. Adopt Resolution No. R-2022-24, a Resolution of the City Council of the City of Placentia, California, establishing a temporary planning permit fee waiver and building permit fee waiver to promote and incentivize new signage at businesses citywide as part of the Placentia Buy Local incentive program.

BACKGROUND:

The Placentia Buy Local Incentive Program will include several different components intended to boost Economic Development citywide. One of the anticipated components of the Buy Local Program will incentivize businesses to upgrade their permanent signs, especially in those cases in which the signage is dilapidated or does not comply with current City standards. A resolution waiving certain Planning and Building permit fees has been prepared to initiate this component of the program.

Regarding temporary signs (banners, etc.), over the last several years Staff has found that there are ambiguities and inconsistencies regarding the standards and regulatory requirements of temporary advertising devices. For example, there are currently ambiguous regulations related to how often temporary signs are allowed, the limits on the size and type of banners/signs allowed, and the specific type of banners/devices that are allowed. In discussing the Placentia Buy Local Incentive Program as it relates to signage, the aforementioned issues surfaced, and Staff was directed to prepare an ordinance to clarify the temporary sign regulations citywide. The proposed, amended banner regulations will provide clarification for businesses regarding the placement of temporary banners and other temporary signs. This will also simplify the application process regarding temporary banners for business owners, and will reduce fees for recurring banners within the same calendar year.

DISCUSSION:

To compare the City's current temporary sign regulations with other jurisdictions, a survey was conducted including eight Orange County cities. Specifically these cities include Orange, La Habra, Buena Park, Fullerton, Santa Ana, Anaheim, Orange, and Brea. The survey included information on the temporary banner regulations of those respective cities regarding size, timeframe for display, and types of signs allowed, in order to provide recommendations on how to clarify the sections of Placentia's Municipal Code.

City Council Agenda
April 19, 2022

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Draft Ordinance amending Chapter 23.90 of the Placentia Municipal Code (PMC) Please refer to Attachment 1 (draft ordinance) memorializing the changes below:

Time Period:
• The current code permits special promotion banners for eight (8) days each month, either consecutive or random. Registration fee is currently $52.56 for each occurrence. • New regulations will permit special promotion banners for no more than thirty (30) consecutive days. No more than three (3) special promotion permits per calendar year.

Change of ownership will not entitle the new business owner to additional banner permits beyond the three (3) per year allowed.
• There will be a reduced renewal fee for the 2nd and 3rd banner (75% of the initial registration fee — currently $39.42).

Size, Height, and Location:
• The current code does not specify the size and Iocational requirements of temporary banners
• New regulations will clarify size, height, Iocational requirements of banners, and specify what types of temporary advertising signs are permitted. • Banners shall not project above the roofline, and there shall be a minimum 8 -foot height clearance from the ground if banner is affixed to the storefront. • Banners shall only be attached to those portions of the building fronting a street or parking lot.
• Banner size shall not exceed one square foot per lineal foot of store or business frontage up to a maximum of 25 square feet, with the exception of large retail businesses with outdoor sales areas (i.e. dealerships) that will not be limited to the 25 square foot maximum size limit.

Types of Temporary Advertising Devices:
• The current code permits temporary banners and certain types of flags and pennants but is ambiguous in defining what types are allowed.
• New regulations will allow pennants only during grand openings, with the exception of large retail businesses with outdoor sales areas (dealerships). • Feather flags, air dancers, portable banners, streamers, etc. shall be prohibited.

Holiday Banners
• The current code permits holiday banners without a permit, with no registration fee on the following Holidays:
• New Year's Day, President's Day, Easter, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving plus the day after, and Christmas • New regulation will extend the allowed holiday banner time period, with no registration fee, to fourteen (14) days surrounding the above Holidays:
• This will include the seven (7) days before the holiday, seven (7) days after the holiday, and the holiday date itself

City Council Agenda
April 19, 2022

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Large Retail Businesses
• Large retail businesses with outdoor sales, such as auto dealerships, will have special regulations with more flexibility.
• Banners, balloons, and inflatables will be permitted, provided that the balloons and inflatables are not roof -mounted
• The allowance of one (1) grand opening permit and three (3) special promotion permits per year still apply.

Other Clarifications
A definition will be added to Section 23.90.10 of the Placentia Municipal Code (PMC). Temporary advertising devices will be defined as "pennants, banners, inflatables, and other similar temporary advertising devices".

Window signs that meet specific requirements do not require a building permit, but that is not explicitly stated in the current code. That specific section regarding window signs from PMC Section 23.90.180(9), Section 23.90.190(5), and Section 23.90.210(3) will be added to PMC Section 23.90.060 Exemptions. The definition of window signs will also be amended to exclude signs painted on banners.

All temporary advertising devices will require registration (permit) with the Development Services Department prior to installation. Language to this effect will be added to PMC Section 23.90.160.

CEQA:

The proposed zoning code amendment was reviewed by Staff in accordance with the requirements of the California Environmental Quality Act ("CEQA"). Based on that review, Staff and the Planning Commission both recommend that the City Council find that adoption of ZCA 2022-01 is exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15061(b)(3) in that the proposed Code Amendments are not expected to create a negative impact on the physical environment and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Recommending Body Determination:

On April 12, 2022, the City of Placentia Planning Commission held a public hearing and recommended that the City Council adopt a Categorical Exemption for this project and approve ZCA 2019-04 with minor amendments to the draft ordinance as prepared by Staff. The commission recommended a slight change to the ordinance in Section 23.90.160 - Temporary Advertising Devices, to adjust the timeframe for holiday banners to allow the banners to be displayed within a 14 day period before or after a given holiday.

City Council Agenda
April 19, 2022

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Prepared by:

Kat nne Kuo
Planning Technician
Reviewed and approved:
1 Damien R. Arrula
City Administrator
Prepared by:
eph 111Q,ILambert
irector of Development Services
Attachments:

1. Ordinance O-2022-04 - Chapter 23.90 Signs - Advertising

2. Resolution No. R-2022-24 — Commercial Sign Fee Waiver Program

ORDINANCE NO. O-2022-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, FINDING THAT APPROVAL
OF ZONING CODE AMENDMENT NO. 2022-01 IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PURSUANT TO CEQA SECTION 15061(B)(3)
AND APPROVING ZONING CODE AMENDMENT NO.
2022-01 AMENDING TITLE 23 (ZONING ORDINANCE) OF

THE CITY OF PLACENTIA MUNICIPAL CODE

REGARDING THE STANDARDS AND REGULATORY

REQUIREMENTS OF TEMPORARY ADVERTISING
DEVICES AS DEFINED IN CHAPTER 23.90 SIGNS -

ADVERTISING STRUCTURES
City Attorney's Summary
This Ordinance amends provisions of Title 23 (Zoning) of the Placentia Municipal Code and adopts amended regulations regarding the regulation of temporary signs citywide.

Therefore, this Ordinance will update the Placentia Municipal Code (PMC) to address ambiguities and inconsistencies regarding the standards and regulatory requirements of temporary advertising devices including the limits on the size and type of banners/signs allowed, and the specific type of banners/devices that are allowed.

WHEREAS, on April 12th, 2022, the Planning Commission of the City of Placentia held a duly noticed public hearing at which time it considered all evidence presented, whether written or oral; and
WHEREAS, after the close of the public hearing the Planning Commission recommended that the City Council adopt this Ordinance; and WHEREAS, on April 19th, 2022, the City Council of the City of Placentia held a duly noticed public hearing at which time it considered all evidence presented, whether written or oral; and
WHEREAS, the City desires to amend its regulations to address ambiguities and inconsistencies regarding the standards and regulatory requirements of temporary advertising devices.

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NOW, THEREFORE, THE CITY OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Title 23 of the Placentia Municipal Code (Zoning) is hereby amended to read as follows:
"23.90.010 Definitions.

For the purpose of this chapter, certain terms used herein are defined as follows:
"Balloon" means an inflatable bag or other inflatable device of any size. "Billboard" means any sign usually designed for use with changing advertising copy, and which is normally used for the advertisement of goods produced or services rendered at a location other than the premises on which the sign is located. "Building frontage" means the lineal extent of a building or unit along either a street or a public parking area serving the business, not including loading or service areas. "Business identification sign" means any sign erected or maintained for the purpose of identifying a bona fide business being conducted upon the premises on which the sign is located.
"Cabinet sign" means a fixed, self-contained, electrically illuminated sign. "Center identification sign" means a free-standing sign structure containing the name identifying an integrated business development, and may also include identification signs on which the names and nature of business only within the development are uniformly displayed. "Channel letter sign" means a sign consisting of a series of individual fixed letters, symbols or logos each illuminated by a fixed power source which is either exposed or inside the building on which the sign is attached.
"Doubleface sign" means a single sign with two (2) parallel signs faces back to back. "Electric sign" means an advertising structure served or energized with electrical current for purpose of illuminating or for any other purpose.
"Free-standing sign" means any permanent sign not attached to a building. "Freeway" means a highway with respect to which the owners of abutting lands have no right of easement or access to or from their abutting lands, or in respect to which such owners have only limited or restricted easement or access, and which is declared to be such in compliance with the Streets and Highways Code of the state.
"Integrated development" means a development consisting of five (5) or more interrelated business establishments, in separate units, using common driveways and on site parking facilities.
"Monument sign" means a low profile sign, not exceeding four (4) feet in height, supported by a solid pedestal extending under the entire length of the sign.

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"Nonadvertising sign" means any sign posted on private property containing thereon a regulatory or warning notice, and upon which no advertising matter is displayed. "Off -premises freeway sign" means an outdoor advertising sign adjacent to or visible from the freeway identifying a business at some location other than the property where the sign is displayed and does not include billboards.
"Permanent reader panel" means a permanently constructed changeable copy bulletin board lighted or unlighted with detachable precut letters and figures. "Portable sign" means any movable external sign that is not permanently secured or attached to an approved structure, support or anchor.
"Projecting sign" means any sign which is affixed or attached to, and is supported solely by a building wall or structure, or parts thereof, and extends beyond building wall, or structure or parts thereof more than twelve (12) inches and whose angle of incidence to said building wall, structure or parts thereof, is greater than thirty (30) degrees. "Roofline" means the height above finished grade of the uppermost beam, rafter, ridge board, or purlin of any building.
"Roof sign" is any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure. "Sign" means and includes every announcement, declaration, demonstration, display, illustration, insignia, surface or space when erected or maintained in view of the general public for identification, advertisement or promotion of the interests of any business or person. "Sign area" means the entire area within the outside border of the sign. The area of a sign having no continuous border or lacking a border shall mean the entire area within a single continuous perimeter formed by no more than eight (8) straight lines enclosing the extreme limits of writing, representations, emblem, or any figure or similar character, together with any frame or other material or color forming an integral part of the display or used as a border excluding the necessary supports or uprights on which such sign is placed. Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except that where two (2) such faces are placed back to back and are at no point more than three (3) feet from one another, the area of the sign shall be taken as the area of one (1) face if the two (2) faces are of equal area, or as the area of the larger face if the two (2) faces are of unequal area.
"Street frontage" means the lineal extent of a parcel of land along a street. "Temporary Advertising Device" means Spinners, feather flags, streamers, portable banners, air dancers, and pennants.
"Temporary sign" means any sign, not permanently attached to the ground or a structure, which is installed or placed for a limited duration.
"Wall sign" includes all flat signs, either of solid face construction or individual letters, which are placed against the exterior wall of any building or structure and extending not more than one (1) foot from the face of the building and having the advertisement on one (1) face only. (Ord. O- 2018-07 § 1, 2018; Ord. 94-O-121 § 1, 1994; Ord. 91-O-105 § 1, 1991; Ord. 85-O-125, 1985) Ordinance O-2022-04 ATTACHMENT 1

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23.90.060 Exemptions.

The following nonilluminated signs shall be permitted in all districts with no permit required, subject to the limitations provided in this chapter, or as otherwise provided by state law:
(1) One (1) double-faced real estate sign not exceeding six (6) feet in area nor four (4) feet in height, pertaining to the sale or rental of the property on which displayed, provided that not more than one (1) sign per street frontage is allowed, and provided that such sign shall be removed at the time the property is sold or rented;
(2) One (1) professional nameplate or occupational sign denoting only the name and occupation of an occupant in a commercial building or public institutional building, provided that said sign does not exceed two (2) square feet in area and is attached to and mounted parallel to the face of the building not exceeding four (4) inches from the wall; (3) One (1) single -faced identification nameplate or sign on an apartment house, boarding or rooming house or similar uses, not exceeding three (3) square feet in area; provided that said sign is attached to and mounted parallel to the face of the building not exceeding four (4) inches from the wall;
(4) One (1) nameplate, denoting only the name of occupants of a dwelling, and not exceeding two (2) square feet in area not located closer than two (2) feet to the property line; (5) Traffic or other municipal signs, legal notices, railroad crossing or danger signs; (6) Nonadvertising warning signs or trespass signs on private property, posted no closer than one hundred (100) feet apart, not exceeding two (2) feet in area; (7) Nonadvertising signs of public utility companies as may be required in their operations in providing services for the health and welfare of the general public, or as required by any law or regulations of the state or any agency thereof;
(8) One (1) sign per street frontage identifying the development and denoting the architect, engineer or contractor, when placed upon work under construction; provided, however, that no such sign shall exceed thirty-two (32) square feet in area nor eight (8) feet in height; (9) On -site directional signs for public and private developments, denoting the entrance, exit and direction of traffic flow and not exceeding four (4) square feet in area; provided such sign is not prohibited or further regulated by other sections of this title or any other ordinance of the city;
(10) Nonadvertising displays commemorating legal holidays; providing, however, that said displays are not detrimental to public health, safety and general welfare; (11) Off -site directional signs for the location of open houses, new residential developments, and garage sales not exceeding three (3) square feet in area and subject to the regulations in Section 23.90.140;
(12) Temporary signs, other than temporary advertising devices, subject to the regulations in Section 23.90.120.
(13) Window signs, including signs painted on windows, shall be permitted subject to the following:
(A) They shall be permitted only inside a window of the business to which such signs pertain;
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(B) Total area occupied by such signs shall not exceed more than twenty-five (25) percent of the window area through which they are displayed;
(C) Signs shall be displayed in a neat and orderly manner; (D) Painted signs shall consist of lettering and/or random figures, the paintingof solid areas shall be prohibited, except for seasonal holiday displays;

23.90.100 Prohibited signs.

The following signs shall not be permitted:
(1) Inflatable signs or balloons containing signs;
(2) No vehicle containing any advertising matter, words, symbols or pictures shall be so parked either on public or private property for the sole purpose of advertising or directing attention to a business;
(3) Signs which incorporate in any manner any flashing moving, or intermittent lighting; (4) Rotating or animated signs, or signs which contain any moving parts; (5) Temporary advertising devices, except as permitted by Section 23.90.160 (6) A -frame signs, H -stake signs;
() l Signs painted directly on a building, except as permitted by Section 23.90.190(4)(E); (6) No sign, lights or other advertising structure shall be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic, or in such a manner as to obstruct free and clear vision at any location where, by reason of its position, shape, color or movement, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. Nor shall such sign or advertising structure make use of any word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic; (7) n Spinners and balloons, or similar advertising devices; Pennant signs, except as permitted by Section 23.90.160(4) and Section 23.90.160(7); (6) (10) Signs which exceed the roofline or parapet to which such signs are attached; (9) (11) Signs on vehicles, trailers, boats or other similar property parked on private property within the city limits for the purpose of advertising such vehicle, trailer, boat or similar property for rent, sale or lease, unless:
(A) Such property is on the premises owned, rented or leased by the owner of the vehicle, trailer boat or similar property,
(B) Such property is on a business premises licensed by the city to engage in the sale, rental or lease of such property;
('0) (12) Any off -site advertising, including billboards, except as otherwise provided in this chapter. (Ord. 89-O-103 § 1, 1989; Ord. 87-O-127 § 1, 1987; Ord. 85-O-125, 1985)

23.90.120 Temporary signs.

General. Temporary signs, other than temporary advertising devices, are allowed in all districts subject to the following limitations:

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(1) Private Property.
(A) Removal. All temporary signs shall be removed within ninety (90) days of their placement and no more than seven (7) days after the event advertised on the sign has occurred;
(B) No temporary sign shall be placed in any manner or location that would negatively affect or interfere with pedestrian or vehicular traffic; (C) Sponsor Identification. The name, address, and telephone number of the person or organization responsible for posting a temporary sign shall be affixed to each sign in a permanent waterproof manner;
(D) In all zones, no more than three (3) temporary signs may be placed on the same property, and the total area of all the signs on the property may not exceed thirty (30) square feet. If, however, there is more than one (1) dwelling unit on the property, the maximum number of signs on the property shall be the greater of three (3) or the number of dwelling units, provided that: (i) each unit exceeding three (3) signs on the property shall be attached to a dwelling; (ii) the total square footage of signs shall not exceed the product of ten (10) times the number of dwelling units; and (iii) no individual sign exceeds thirty (30) square feet. (2) Public Property.

Temporary signs are prohibited in the following locations:
(A) Public Right -of -Way. No temporary sign shall be posted within a right-of-way (including, but not limited to, sidewalks, utility poles, light standards, median islands, tract entry planters, treewells, parkways, or on any traffic control sign or device). (B) Public Facilities. No temporary sign shall be posted on any building or any land owned or controlled by the city. This section shall not, however, pertain to any building or land rented out by the city to an individual or party which agreement authorizes such signage. (Ord. O-2018- 07 § 1, 2018; Ord. 90-O-109 § 1, 1990; Ord. 85-O-125, 1985)

23.90.160 Temporary advertising devices.

Temporary advertising devices cuch as pennants, banners and flags shall be permitted only be allowed for grand openings and special promotions subject to the following regulations:
(1) All temporary pennants, banners and flags advertising devices shall require a permit and shall be subject to the review and approval of the director of development services, except as otherwise provided herein, all temporary advertising devices are prohibited unless;
(A) A temporary advertising permit shall be obtained from the development services department prior to the placing, erecting, moving. reconstructing, altering or displaying of any exterior signs, including change of face or copy on existing signs, except as otherwise provided herein:

Applicant must pay the temporary advertising permit fee pursuant to Chapter 5 of the Placentia Municipal Code.
(2) Banners shall be attached to the building or canopy parallel to the building face, or to a center identification sign. No portion of any banner shall project more than six (6) inches from Ordinance O-2022-04 ATTACHMENT 1

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the face of the building, canopy or center identification sign to which it is attached, subject to the following:
(A) Not more than two (2) banners from an individual business shall be attached to any building frontage at one time. Where more than one (1) business occupies a commercial or industrial unit, not more than two (2) banners from that unit shall be attached to any building frontage at one time.
(B) Banners shall be attached to a center identification sign during a grand opening promotion only, and only one (1) banner shall be attached to any center identification sign frontage at one time.
(C) Banners shall not proiect above the roofline. If the banner is affixed to the storefront, there shall be a minimum 8 foot height clearance from the ground. (D) Banners shall only be attached to a building elevation that faces a parking lot or right- of-way.
(3) No pennants shall be strung or attached to any utility pole, light standard or tree within the public right-of-way;
(4) Grand Openings. Permitted pennants and banners, banners and flags shall be displayed only at the location where the grand opening occurs and shall not be displayed for more than forty-five (45) consecutive days. The use of a grand opening display is allowed once, and only during the first year of operation;
(5) Special Promotions. Pennants, banners and flags Permitted banners for special promotions shall be permitted not be displayed for eight (8) days each month, either consecutively or at random; for more than thirty (30) consecutive days from the date of installation, subject to the following:
(A) No more than four (4) total temporary advertising permits shall be issued for any business address within a calendar year under this section. A permit issued for a grand opening shall count toward this limit. Change of business ownership at an address shall not automatically entitle the new business owner to additional special promotion sign permits beyond the amount allowed herein.
(6) Pennants, banners and flags Holiday Banners. Banners shall also be permitted without a permit en for the following holidays:

New Year's Day, President's Day, Easter, Memorial Day, July 4, Labor Day, Veteran's Day, Thanksgiving plus the day afteF and Christmas;
(A) The Banners shall be permitted fourteen (14) days before the holiday date and/or fourteen (14) days following the holiday date, but not exceeding fourteen (14) days total. in addition to the holiday date itself.
(B) Holiday banners shall be exempt from the temporary advertising permit fee. (7) Businesses in which a primary component of the business operation is outdoor sales, including but not limited to large auto dealerships, shall be permitted to have banners, pennants, balloons, and inflatables for promotional events for no more than thirty (30; consecutive days from the date of installation, subiect to the following:
(A) Banners shall not exceed one square foot per lineal foot of store or business frontage.

SB) Balloons and inflatables shall not be roof -mounted.

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(7-) f_8] Portable signs shall be prohibited.
(8) D) No temporary advertising device shall be placed in any manner or location that might negatively affect or interfere with pedestrian or vehicular traffic. (Ord. 99-O-112 § 2, 1999; Ord. 94-O-145 § 1, 1995; Ord. 91-O-124 § 1, 1991; Ord. 87-O-127 § 2, 1987; Ord. 85-O-125, 1985)

23.90.180 Signs in commercial districts.

The following regulations shall apply to all signs and outdoor advertising structures in the "C- O," "C-1," "C-2," "C -M," and "T -C" districts.
(1) No sign shall be permitted that does not pertain directly to an approved business conducted on the premises.
(2) All signs, except those provided for in Section 23.90.120, temporary signs, shall be permanent in nature and shall be consistent with and reflect the architectural design of the building with which they are associated.
(3) The total sign area permitted per building frontage shall not exceed one (1) square foot per lineal foot of the building frontage on which the sign is located, subject to the following:
(A) Building frontages may not be combined to permit a larger sign on any one (1) building frontage.
(B) Signs shall be attached to the building or canopy, parallel to the building face. No portion of a channel letter or nonilluminated sign shall project more than six (6) inches, and no portion of a cabinet sign shall project more than twelve (12) inches from the face of the building or structure to which it is attached.
(4) Businesses in an integrated development shall comply with a uniform sign program approved by the director of development services.
(5) In addition to the above, businesses occupying the entire building area on a parcel with a street frontage of at least one hundred (100) feet on one (1) street may be permitted a free- standing monument sign subject to the following:
(A) Sign area per street frontage shall not exceed twenty (20) square feet per one hundred (100) lineal feet of the street frontage on which the sign is located, provided, however, that no one (1) sign shall exceed three hundred twenty (320) square feet. (B) Maximum height of free-standing signs shall not exceed eight (8) feet above the public sidewalk.
(C) Signs shall reflect the architectural design of the building with which they are associated.
(D) No portion of any sign or supporting structure shall be located closer than five (5) feet to any property line, nor be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic.
(E) No sign is permitted for frontages on local residential streets. (F) All free-standing signs shall include the address of the business in numerals and/or letters at least six (6) inches high. Addresses shall not be obscured by landscaping or other obstructions.

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(6) In addition to the above, one (1) center identification sign per street frontage is required for integrated developments of five (5) or more separate units, subject to the following:
(A) The sign area shall not exceed thirty (30) square feet per one hundred (100) lineal feet of street frontage on which the sign is located; provided, however, that the maximum sign area shall not exceed three hundred twenty (320) square feet per sign. (B) No sign shall exceed the height of the building with which it is associated. (C) Signs shall reflect the architectural design of the building with which they are associated.
(D) No portion of any sign or supporting structure shall be located closer than five (5) feet to any property line, nor be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic.
(E) No sign is permitted for frontages on local residential streets. (F) All free-standing signs shall include the address of the business in numerals and/or letters at least six (6) inches high. Addresses shall not be obscured by landscaping or other obstructions.
(7) Businesses not located in integrated developments of five (5) or more units and located on a parcel with at least one hundred (100) lineal feet of street frontage on one (1) arterial street shall be permitted one (1) free standing monument sign per center subject to the same requirements in subsection (5) of this section.
(8) Signs oriented to freeway traffic shall be permitted subject to the following limitations:
(A) For properties adjacent to a freeway or freeway ramp, businesses are permitted a wall sign facing the freeway subject to the limitations of subsection (3) of this section, or a freestanding sign subject to the following:
(i) Total sign area shall not exceed thirty (30) square feet per one hundred (100) lineal feet of freeway frontage, provided, however, that the maximum sign area shall not exceed three hundred (300) square feet.
(ii) No sign shall exceed twenty (20) feet in height above the freeway driving surface. (9) Window signs, including signs painted on windows and banners, shall be permitted subject to the following:
(A) They shall be permitted only inside a window of the business to which such signs pertain;
(B) Total area occupied by such signs shall not exceed more than twenty-five (25) percent of the window area through which they are displayed;
(C) Signs shall be displayed in a neat and orderly manner; a-nc sha not contain any weres, symbe s or pictures that may be offensive to the-genorol-plAb ie; (D) Painted signs shall consist of lettering and/or random figures, the painting of solid areas shall be prohibited, except for seasonal holiday displays; (10) Signs for service stations shall comply with the provisions of Section 23.90.210. (Ord.

O-2018-07 § 1, 2018; Ord. 99-O-112 § 4, 1999; Ord. 96-O-102 § 1, 1996; Ord. 94-O-146 § 1, 1995; Ord. 94-O-137 § 1, 1994; Ord. 94-O-122 § 1, 1994; Ord. 88-O-119 § 2, 1988; Ord. 87-O- 187 §§ 3, 4, 1987; Ord. 85-O-125, 1985)
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23.90.190 Signs in the Santa Fe commercial district.

The following regulations shall apply to all signs and outdoor advertising structures in the "SF -C" district.
(1) No sign shall be permitted that does not pertain directly to an approved business conducted on the premises.
(2) All signs, except those provided for in Section 23.90.120, temporary signs, shall be permanent in nature and shall be consistent with and reflect the architectural design of the building with which they are associated.
(3) The total sign area permitted per building frontage shall not exceed one (1) square foot per lineal foot of the building frontage on which the sign is located, subject to the following:
(A) Building frontages may not be combined to permit a large sign on any one (1) building frontage.
(B) Signs shall be attached to the building or canopy, parallel to the building face. No portion of a channel letter or nonilluminated sign shall project more than six (6) inches, and no portion of a cabinet sign shall project more than twelve (12) inches from the face of the building or structure to which it is attached, except that on two-story buildings, a projecting sign may be substituted in place of the business identification sign permitted pursuant to subsection (4) of this section subject to the following:
(i) The total sign area permitted shall not exceed one (1) square foot per lineal foot of building frontage from which the sign projects.
(ii) Each face of a double-faced projecting sign may be one (1) square foot per linear foot of building frontage.
(iii) A projecting sign shall maintain a minimum distance of twelve (12) inches between the building face and the sign.
(iv) A projecting sign shall not extend more than three (3) feet from the building face. (v) An encroachment permit shall be required, where signs extend into the public right-of- way.
(4) Business identification signs shall consist of one (1) of the following:
(A) Sandblasted wood or equivalent synthetic material;
(B) Internally illuminated individual channel letters;
(C) Nonilluminated individual letters such as die cut metal, foam or channel letters; (D) Canopy signs;
(E) Signs painted directly on buildings except for building frontages along Santa Fe and Bradford Avenues.
(5) Window signs, including signs painted on windows and barn -ems, shall be permitted subject to the following:
(A) They shall be permitted only inside a window of the business to which such signs pertain;
Ordinance O-2022-04 ATTACHMENT 1

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(B) Total area occupied by said signs shall not exceed more than twenty-five (25) percent of the window area through which they are displayed;
(C) Signs shall be displayed in a neat and orderly manner awl shalt not contain any-wer4sT syrnbe s or pictures that may-be-effens+ve-to the genera] public; (D) Painted signs shall consist of lettering and/or random figures, the painting of solid areas shall be prohibited, except for seasonal holiday displays. (Ord. O-2018-07 § 1, 2018; Ord. 99-O- 112 § 5, 1999; Ord. 97-O-112 § 2, 1997; Ord. 94-O-147 § 1, 1995; Ord. 94-O-123 § 1, 1994; Ord. 89-O-103 § 1, 1989; Ord. 85-O-125, 1985)

23.90.210 Signs for service stations.

The following regulations shall apply to all signs and advertising structures for service stations, including mini -markets or similar associated uses:
(1) One (1) free-standing sign per street frontage may be permitted, subject to the following:
(A) Sign area shall not exceed twenty (20) square feet per one hundred (100) lineal feet of street frontage, plus twenty-four (24) square feet. Price signing shall be included within this sign area.
(B) Maximum height of the sign shall not exceed the height of the building or canopy with which it is associated.
(C) Signs shall reflect the architectural design of the building with which they are associated.
(D) Street frontages may not be combined to permit a larger sign on any frontage. (E) All free-standing signs shall include the address of the business in numerals and/or letters at least six (6) inches high. Addresses shall not be obscured by landscaping or other obstructions.
(2) The total sign area of all wall signs per building frontage shall not exceed one (1) square foot per lineal foot of building frontage on which the sign is located. (A) Building frontages may not be combined to permit a larger sign on any one (1) building frontage.
(B) Signs shall be attached to the building or canopy, parallel to the building face. No portion of a channel letter or nonilluminated sign shall project more than six (6) inches, and no portion of a cabinet sign shall project more than twelve (12) inches from the face of the building or structure to which it is attached.
(3) Window signs, including signs painted on windows and banners, shall be permitted subject to the following:
(A) They shall be permitted only inside a window of the business to which such signs pertain.
(B) Total area occupied by such signs shall not exceed more than twenty-five (25) percent of the window area through which they are displayed.
(C) Signs shall be displayed in a neat and orderly manner and shalF not contain any words; symbo s ar.pictu-res4hat ay be offensive to the -genera public.

Ordinance 0-2022-04 ATTACHMENT 1

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(D) Painted signs shall consist of lettering and/or random figures, the painting of solid areas shall be prohibited, except for seasonal holiday displays. (4) Temporary signs may be permitted subject to the provisions of Section 23.90.120, temporary signs."
SECTION 2. CEQA. This Ordinance is exempt from the California Environmental Quality Act CEQA pursuant CEQA Section 15061(b)(3) in that the proposed Code Amendments are not expected to create a negative impact on the physical environment and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 3. Effective Date. This Ordinance shall take effect on the 31st day after adoption.

SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional.

SECTION 5. Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.

INTRODUCED at a regular meeting of the City Council of the City of Placentia held on the 19th day of April 2022.

PASSED, APPROVED AND ADOPTED this day of May 2022.

Ordinance O-2022-04 ATTACHMENT 1

Page 12 of 13 ends

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 19th day of April 2022 and adopted at a regular meeting of the City Council of the City of Placentia, held on the day of May 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-2022-04 ATTACHMENT 1

Page 13 of 13 ends

RESOLUTION R-2022-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, ESTABLISHING A TEMPORARY

PLANNING PERMIT FEE WAIVER AND BUILDING PERMIT

FEE WAIVER TO PROMOTE AND INCENTIVIZE NEW

SIGNAGE AT BUSINESSES CITYWIDE AS PART OF THE

PLACENTIA BUY LOCAL INCENTIVE PROGRAM
A. Recitals
WHEREAS, pursuant to the Mitigation Fee Act (Government Code section 66000 et seq.) the City of Placentia is authorized to adopt and implement fees, rates, and charges for municipal services; provided that such fees, rates, and charges do not exceed the estimated reasonable cost of providing such services; and WHEREAS, the City of Placentia desires to implement a temporary fee waiver program to boost Economic Development citywide as part of the Placentia Buy Local Incentive Program; and
WHEREAS, the City of Placentia desires to waive certain Planning and Building permit fees as part of the Placentia Buy Local Incentive Program; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, the actions implemented through the adoption of this Resolution are statutorily exempt under the California Environmental Quality Act per Section 21080(b)(8) of the Public Resources Code.

B. Resolution

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

1. Recitals. The recitals in Part A., above, are correct.

2. Commercial Sign Program. This program will fully waive all planning and building fees, not to exceed $1,000, per business location or per applicant for businesses updating their permanent signs, participating businesses must have a current business license.

3. Fee Waiver. This fee waiver program shall be valid for a 6 -month timeframe commencing on May 1, 2022.

4. Delegated Authority. The City Administrator or designee is hereby delegated the authority to approve or deny each fee waiver request each request shall Resolution R-2022-24 ATTACHMENT 2

Page 1 of 2 ends

comply with all signage provisions of the Placentia Municipal Code and shall further the goals of the Placentia Buy Local Incentive Program.

6. Severability. If any fee, rate, or charge adopted or increased by this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such fee, rate, or charge shall be deemed a separate, distinct, and independent provision of this Resolution, and such holding shall not affect the validity of the remaining fees, rates and charges adopted or revised herein. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

PASSED, ADOPTED AND APPROVED this 19th day of April 2022.

Rhonda Shader, Mayor
Attest:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Robert 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 19th day of April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

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

Christian L. Bettenhausen, City Attorney
Resolution R-2022-24 ATTACHMENT 2

Page 2 ends

Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: CHIEF OF POLICE
DATE: APRIL 19, 2022
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. O-2022-03

ADOPTING A MILITARY EQUIPMENT USE POLICY OF THE CITY OF PLACENTIA PER ASSEMBLY BILL (AB) 481
FISCAL
IMPACT: NONE
SUMMARY:

Assembly Bill Number 481 (AB 481), codified at Government Code sections 7070 through 7075, requires the Placentia Police Department (PPD) to obtain approval from the City Council of its Military Equipment Use Policy by ordinance in order to continue the use of this previously acquired equipment by May 1, 2022.

AB 481 became law as of January 1, 2022. Per AB 481, law enforcement agencies are required to obtain approval from their respective governing body by an ordinance adopting a military equipment use policy before using, acquiring, deploying, or seeking funding for any military equipment. Law enforcement agencies are further required to submit an annual military equipment report to the governing body for as long as the equipment is available for use. Agencies seeking to continue using military equipment acquired prior to January 1, 2022, have until May 1, 2022, to commence the governing body approval process described by the statute.

The list of items considered "military equipment" by AB 481 includes equipment that is employed by many law enforcement agencies across the country while engaging in best practices to enhance citizen and officer safety. The use of the military equipment identified on the attached inventory list is vital to PPD's mission and will continue to be strictly regulated through internal processes and oversight.

City staff have reviewed the requirements of AB 481 and developed a proposed ordinance adopting Police Department Policy No. 710 to comply with the law.

RECOMMENDATION:

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

1. Open the public hearing concerning the requirements of AB 481 and proposed Police Department Policy No. 710; and

2. e.

Apr. 19, 2022

City Council Agenda
April 19, 2022
Page2of3

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- 03, an Ordinance of the City Council of the City of Placentia, California, adopting a military equipment policy of the City of Placentia governing the use of military equipment per AB 481
DISCUSSION:

The term "military equipment," as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed to be "military equipment" include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper ball launchers, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. The list of items considered "military equipment" by AB 481 are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety.

Provided as attachments are the inventory list of military equipment that the PPD maintains or would like to consider obtaining in the future and the PPD's Military Equipment Use Policy. The proposed policy and inventory list provides the maximum number of each type of military equipment that PPD may acquire, use, deploy, and maintain. The policy does not necessarily reflect the current inventory that PPD maintains as of today's date. The current inventory numbers will be provided to City Council in the annual report required by AB 481.

The proposed policy safeguards the public's welfare, safety, civil rights, and civil liberties. The policy ensures that there are safeguards, including transparency, oversight, and accountability measures in place. All items which result in a use of force will be investigated, as is already required by existing PPD policy. There are no reasonable alternatives to the items listed in Policy 710. PPD has not discovered alternative items that can achieve the same objectives of civilian and officer safety.

Prepared b
Adam Gloe
Lieutenant, Administrative Division
Reviewed and Approved:

Latin -v, L'toitivx
Lauren L'Ecuyer
Deputy City Attorney

City Council Agenda
April 19, 2022

Page 3 ends

Reviewed and Approved:

Brad Butts
Chief of Police
Reviewed and Approved:

City Administrator
Attachments:

1. Ordinance No. O-2022-03 — AB 481

2. PPD Military Equipment Use Policy No. 710

ORDINANCE NO. O-2022-03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, ADOPTING A MILITARY

EQUIPMENT POLICY OF THE CITY OF PLACENTIA

GOVERNING THE USE OF MILITARY EQUIPMENT PER
AB 481

THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND AND RESOLVE AS FOLLOWS:

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 ("AB 481"), adding Chapter 12.8, "Funding, Acquisition and Use of Military Equipment", to Division 7 of Title 1 of the Government Code (sections 7070 - 7075), relating to the use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Placentia Police Department is in possession of certain items of equipment that qualify as "military equipment" under AB 481 and further intends to acquire other items of military equipment;
WHEREAS, AB 481 requires, inter alia, that a law enforcement agency possessing and using such qualifying equipment must prepare a publicly released, written, military equipment use policy document covering the inventory, description, quantity, purpose, capabilities, use, lifespan, acquisition, maintenance, authorized use, fiscal impacts, procedures, training, oversight, and complaint process, applicable to the Department's use of such equipment;
WHEREAS, the policy must be approved by the City Council by ordinance, and reviewed annually thereafter; and
WHEREAS, the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
WHEREAS, the proposed Military Equipment Use Policy ("Policy") will safeguard the public's health, welfare, safety, civil rights, and civil liberties; WHEREAS, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; WHEREAS, prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance;
WHEREAS, the Police Department has submitted the proposed Policy to the City Council and thereafter has made those documents available on the Police Ordinance O-2022-03 ATTACHMENT 1

Page 1 of 4 ends

Department's website for at least 30 days prior to the public hearing concerning the military equipment at issue;
WHEREAS, the Policy satisfies the requirements of Government Code Section 7070(d);
WHEREAS, the City Council of the City of Placentia, having received the information required under AB 481 regarding the Placentia Police Department's use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby does approve the Military Equipment Policy.

WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA HERBY ORDAINS AS FOLLOWS:

Section 1: Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.

SECTION 2: Approval of Military Equipment Policy.

Military Equipment Policy.
(a) The Military Equipment Policy shall govern the use of military equipment by the Placentia Police Department.
(b) The Policy shall be made publicly available on the Police Department's website for as long as the military equipment is available for use or as otherwise ordained by the City Council.
(c) The Police Department shall submit an annual military equipment report to the City Council containing the information required by Government Code Section 7072 and the City Council shall thereafter determine whether each type of military equipment identified therein complied with the standards for approval set forth in Government Code Section 7071(d).
(d) The City Council shall on an annual basis and at a regular meeting thereof review this ordinance and vote on whether to renew it pursuant to Government Code Section 7071(e)(2).
(e) The definitions set forth in Government Code section 7070 shall apply to this ordinance. Any provision of state law referred to herein shall mean and include any amended or successor provision thereof.

Section 3: Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it is not a "project" and because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.

Section 4: Inconsistencies. Any provision of the Placentia Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of Ordinance O-2022-03 ATTACHMENT 1

Page 2 of 4 ends

such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 5: Uncodified Ordinance. This Ordinance shall not be codified in the Placentia Municipal Code unless and until the City Council so ordains.

Section 6: Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors.

Section 7: Effective Date. This Ordinance shall become effective thirty (30) days following from its adoption.

Section 8: Certification. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law.

INTRODUCED at a regular meeting of the City Council of the City of Placentia held on the 19th day of April 2022.

PASSED, APPROVED AND ADOPTED this day of May 2022.

Rhonda Shader, Mayor
ATTEST:

Ordinance O-2022-03 ATTACHMENT 1

Page 3 of 4 ends

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

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

Christian L. Bettenhausen, City Attorney
Ordinance O-2022-03 ATTACHMENT 1

Page 4 of 4 ends

Policy
710
Placentia Police Department
Placentia PD Policy Manual
Military Equipment
710.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
710.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body — The elected or appointed body that oversees the Placentia Police Department.

Military equipment — Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles.

Mine -resistant ambush -protected (MRAP) vehicles or armored personnel carriers.

High mobility multipurpose wheeled vehicles (HMMWV), two -and -one -half -ton trucks, five -ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

Tracked armored vehicles that provide ballistic protection to their occupants.

Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Weaponized aircraft, vessels, or vehicles of any kind.

Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one -person ram.

Firearms and ammunition of .50 caliber or greater, excluding standard -issue shotguns and standard -issue shotgun ammunition.

Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard -issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise -flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service -issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Copyright Lexipol, LLC 2022/03/16, All Rights Reserved
Published with permission by Placentia Police Department ***DRAFT***
Military Equipment - 1
ATTACHMENT 2

Placentia Police Department
Placentia PD Policy Manual
Military Equipment
710.2 POLICY
It is the policy of the Placentia Police Department that members of this Department comply with the provisions of Government Code § 7071 with respect to military equipment. 710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this Department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Placentia Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the Department's funding, acquisition, and use of equipment.

Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website (Government Code § 7072).

Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
(f)
(g)
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Placentia Police Department:

See attachment: Placentia Police Dept Military Equipment Inventory.pdf 710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Placentia Police Department ***DRAFT***
Military Equipment - 2
ATTACHMENT 2

Placentia Police Department
Placentia PD Policy Manual
Military Equipment
military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in -kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this Department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.

Acquiring military equipment through any means not provided above. (f)
(g)
710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment deployed or used by any member of this jurisdiction shall be approved for use and in accordance with this Department policy. Any military equipment that is deployed or used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies. Situations may arise where Placentia Police Department may deploy or use military equipment owned by other law enforcement agencies, in these situations, Placentia Police Department is authorized to deploy or use a different agency's military equipment as authorized in Section 710.4 of this policy.

The Placentia Police Department herby adopts the military equipment use policy as is approved, and may be amended from time to time, under Government Code section 7070 et seq., for jurisdictions that the Placentia Police Department may engage with to provide mutual aid. This section is in no way a limitation to the ability of the Placentia Police Department to deploy or use the military equipment of another jurisdiction.
710.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department website for as long as the military equipment is Copyright Lexipol, LLC 2022/03/16, All Rights Reserved
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Military Equipment - 3
ATTACHMENT 2

Placentia Police Department
Placentia PD Policy Manual
Military Equipment
available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in Department inventory. 710.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well -publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
710.9 COMPLIANCE PROCEDURE
This procedure is to ensure compliance with the military equipment use policy. All complaints, concerns, or questions submitted regarding this policy will be handled pursuant to the Department's normal complaint process and handled in a timely manner.

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Published with permission by Placentia Police Department ***DRAFT***
Military Equipment - 4
ATTACHMENT 2

Placentia PD Policy Manual
Attachments
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Attachments - 5
ATTACHMENT 2

Attachment
Placentia PD Policy Manual
Placentia Police Dept Military Equipment Inventory.pdf
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Placentia Police Dept Military Equipment
y
ATTACHMENT 2

UNMANNED AERIAL VEHICLES
[Government Code section 7070(c)(1)1
Item: SKYDIO XSE 3 UNMANNED AERIAL VEHICLES (UAS)
Quantity: up to 5*
Use and Capability: Unmanned Aerial Systems (UAS) are battery powered, remote operated unmanned aerial devices and the equipment used to control it. Remote controls allow operators to control the UAS and view live feed from UAS-mounted cameras. The UAS have proven to be useful to public safety agencies in patrol operations, SWAT operations, and pre -operational surveillance to enhance the safety and efficiency of law enforcement.

Expected Lifespan: 3-5 years.

Manufacturer's Product Description: The Skydio2 weighs approximately 1.7 pounds and is able to record video with approximately 25 minutes of flight time.

Purpose: To be deployed when it's view would assist officers or incident commanders with the following situations, which include but are not limited to:

1. Major collision investigations and crime scenes

2. Search for missing persons and rescue events

3. Natural disaster management

4. Anytime a UAS would enhance public safety, improve operational safety, incident stabilization or incident mitigation.

5. SWAT, tactical or other public safety, fire services and life preservation missions.

Authorized Use: Only assigned operators who have completed the required training shall be permitted to operate any UAS during approved missions.

Purchase Price: up to $26,000.00
Annual Upkeep Costs: Annual maintenance cost of up to $200 (paid for by the City of Placentia)
ATTACHMENT 2

Legal and Procedural Rules: Use is established under Policy 613, FAA Regulation 14 CFR Part 107, and the City of Placentia UAS policy. It is the policy of the Placentia Police Department to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to State and Federal Law.

Training Required: All Department UAS operators must be licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a 40 -hour Department training and ongoing quarterly training.

ATTACHMENT 2

ARMORED PERSONNEL CARRIERS
[Government Code section 7070(c)(2)1
Item: LENCO BEARCAT
Quantity: 1*
*This item is owned and maintained by the Fullerton Police Department, but is a mutual aid asset used by Placentia Police Department personnel as part of a regional SWAT team.

Use and Capability: Commercially -produced, four -wheeled armored personnel carrier and rescue vehicle; capable of transporting 10-12 fully equipped SWAT officers, with an open floor plan to allow for rescue of downed personnel or victims/civilians. The vehicle can be used for both SWAT and non -SWAT incidents.

Expected Lifespan: 25 years.

Manufacturer's Product Description: The Lenco BearCat G2 is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat G2 part of their standard operating procedure. The G2 has excellent on -road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 —12 fully equipped officers with a long list of tactical features only found on the Lenco BearCat line of armored SWAT vehicles for Police and Government.

Purpose: To be used in response to dangerous incidents to enhance officer and citizen/victim safety, improve scene containment and stabilization, and assist in resolving critical incidents.

Authorized Use: The use of armored vehicles shall be authorized by a Watch Commander or SWAT Commander, based on specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training.

Purchase Price: Up to $315,518.65**
**The BearCat was obtained through the UASI group procurement process.

ATTACHMENT 2

Annual Upkeep Costs: Annual maintenance cost of up to $5,000 (paid for by the City of Fullerton)
Legal and Procedural Rules: It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.

Training Required: All drivers/operators shall attend formalized in-house instruction which shall include vehicle operations and practical driving instruction.

ATTACHMENT 2

COMMAND AND CONTROL VEHICLES
[Government Code section 7070(c)(5)1
Item: MOBILE COMMAND POST VEHICLE (MCV)
Quantity: 1
Use and Capability: A vehicle based mobile office that provides shelter and access to Department computer and radio systems during extended events.

Expected Lifespan: 20 years
Manufacturer's Product Description: Not available.

Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disasters, or community events that are taking place.

Authorized Use: Only officers trained in their deployment and operations in a manner consistent with Department Policy and training are authorized to operate the MCV. Situations which the MCV is authorized for use would include but not limited to critical incidents, emergencies, and natural disasters.

Purchase Price: Up to $212,000.00
Annual Upkeep Costs: Up to $1,000.00
Legal and Procedural Rules: It is the policy of the Department to use the MCV only for official law enforcement purposes, and in accordance with the California State law regarding the operation of motor vehicles.

Training Required: The driver/operator must first receive training in the safe handling of the vehicle on a closed training course. Once the operator has shown competence in vehicle handling, the driver/operator will drive the vehicle throughout the city with an experienced driver.

ATTACHMENT 2

EXPLOSIVE BREACHING APPARATUSES AND RELATED

MUNITIONS
[Government Code section 7070(c)(7)]
Item: REMINGTON 870 SHOTGUN, MODIFIED WITH A BREACHING
BARREL
Quantity: 1*
Use and Capability: This weapon allows for SWAT Officers to safely utilize shotgun breaching rounds in order to disable deadbolts, locks, and door hinges. There is a spiked stand-off built into the end of the barrel to allow for positive placement of the gun into the correct position. The stand-off has vents to deflect debris and gases to prevent overpressure. The weapon can also defeat windows and sliding glass doors with a flash bang round (a less lethal 2.4 inch, 12 -gauge. Shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second)
Expected Lifespan: 20 years
Manufacturer's Product Description: Not available.

Purpose: To allow SWAT officers to defeat locks and/or hinges to safely enter a structure.

Authorized Use: Use of any explosive breaching device shall only occur after authorization by the Incident Commander or SWAT Commander in the field, or during training exercises. Only fully trained SWAT operators shall use these weapons and munitions.

Purchase Price: Up to $1,200
Annual Upkeep Costs: Up to $50
Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize this breaching tool only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Placentia ATTACHMENT 2

Police Department, but may be used by any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training Required: All SWAT Officers who use a breaching shotgun shall receive annual in-house training for the use of the breaching shotgun and munitions. * Current inventory as of 3/14/2022
Related Munitions:

Item: ROYAL ARMS TACTICAL ENTRY SAFE CLAYVON BREACHING

SHOTGUN ROUNDS
Description: A round that is fired from a breaching shotgun and is used to disable deadbolts, locks and hinges.

Current Inventory: 39 rounds*
Normal/Ideal Inventory: up to 50 rounds
Purchase Price: Up to $5 per round
* Current inventory as of 3/14/2022
Item: KINETIC BREACHING TOOL (KBT) MODEL 3-100
Current Inventory: 0*
Ideal Inventory: 1
Use and Capability: The KBT is a powder actuated kinetic energy forced entry tool.

It utilizes a crimped blank explosive charge which drives a captive steel impact plate directed at the breach point. The impact plate extends forward out of the clamshell shroud and impacts against the target with a high level of kinetic energy to defeat the entry point or fortification. The impact plate automatically retracts and is reset in the breaching device.

ATTACHMENT 2

Expected Lifespan: 30 years. Blank cartridges — 5 years (preferably rotate rounds within 1 year).

Manufacturer's Product Description: The KBT weighs 281bs. dimensions are 35in x

9.9in. x93in. and has an audible report of 115dB. The KBT utilizes a proprietary blank cartridge to deliver up to 850ft.lbs. of kinetic energy through the steel ram.

There is no projectile or explosive energy that leaves the device except for the force of the ram, which is permanently captured in the breaching tool.

Purpose: The KBT's intended use is for forced entry during high -risk operations with secure entry points and is designed to be operated by a single officer/tactical team member.

Authorized Use: Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during the training exercises. It is anticipated that the KBT will be owned and operated by Placentia Police Department and used by the North County SWAT team during training and SWAT operations for the region.

Purchase Price: Up to $12,000.00
Annual Upkeep Costs: Up to $100.00
Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize breaching tools only for official law enforcement purposes, and pursuant to State and Federal law.

Training Required: Prior to deployment, all officers who use explosive breaching tools shall first attend 40 hours of explosive breaching instruction and must additionally receive quarterly training for explosive operations. * Current inventory as of 3/14/2022
ATTACHMENT 2

SPECIALIZED FIREARMS / ASSAULT WEAPONS
[Government Code section 7070(c)(10)1
Item: SIG SAUER MCX RIFLE, 5.56 MM, 11.5" BARREL
Quantity: UP to 60*
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Expected Lifespan: 10 years
Manufacturer's Product Description: The MCX VIRTUS SBR from SIG SAUER is engineered for adaptability, sound suppression and longevity. Cold hammer -forged barrels are user -changeable and available in 5.56 NATO (11.5") and 300 BLK (9"), offering the utmost in mission -specific flexibility. SIG's proven internal recoil system offers reduced recoil and a compact platform. To enhance accuracy, the MCX VIRTUS SBR features the new Matchlite DuoTM trigger for crisp, clean feel.

Free-floating M-LOK handguards are available in four lengths. Ambidextrous, AR - style controls and a folding and adjustable stock enable the MCX VIRTUS SBR to be tailored to any shooter.

Purpose: Patrol rifles enable officers, when in compliance with the Placentia Police Department's Use of Force Policy, to address medium to long distance threats, or those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens
Authorized Use: Officers who have attended a POST -certified rifle course may carry and deploy rifles. Patrol rifles are to be used for law enforcement purposes, and in compliance with the Placentia Police Department Use of Force policy and relevant state and federal laws.

Purchase Price: Up to $2,000 per rifle
Annual Upkeep Costs: Up to $50
ATTACHMENT 2

Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize rifles only for official law enforcement purposes, in compliance with the Placentia Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: Prior to deploying and using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass an annual range qualification. * Current inventory as of 3/14/2022
Item: COLT, MODEL M4, 5.56MM, 10.5" BARREL
Quantity: 8*
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire a single projectile through a rifled bore. This rifle is designed for both semi -automatic fire and select fire.

Expected Lifespan: 10 years
Manufacturer's Product Description: Throughout the world today, the Colt M4's reliability, performance, and accuracy provide joint coalition forces with the confidence required to accomplish any mission. Designed specifically for lightweight mobility, speed of target acquisition, and potent firepower capability the M4 delivers. The M4 can be comfortably carried, yet be instantly available to provide the level of firepower, dependability and accuracy of a 5.56mm rifle.

Proven in military combat operations all over the world, it is in a class by itself as a first-rate combat weapon system. The Colt M4 Carbine serves as the United States Armed Forces' weapon of choice and the weapon of the 21st century warfighter.

The Colt M4 is the ONLY 5.56mm carbine in the world today that is manufactured to meet or exceed the stringent performance specifications (MILSPEC) required for acceptance and use by the U.S. Armed Forces.

Purpose: Patrol rifles enable officers, when in compliance with the Placentia Police Department's Use of Force Policy, to address medium to long distance threats, or ATTACHMENT 2

those threats who are heavily armed, armored or both. Further, in both short and long-distance deployments, they allow officers precision shot placement minimizing the risk to officers and innocent citizens
Authorized Use: Officers who have attended a POST -certified rifle course may carry and deploy rifles. Patrol rifles are to be used for law enforcement purposes, and in compliance with the Placentia Police Department Use of Force policy and relevant state and federal laws.

Purchase Price: Up to $1,400
Annual Upkeep Costs: Up to $50
Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize rifles only for official law enforcement purposes, in compliance with the Placentia Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: Prior to deploying and using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass an annual range qualification. * Current inventory as of 3/14/2022
Item: COLT AR -15 A3, 5.56 MM, 16.1" BARREL
Quantity: 10*
Use and Capability: Firearm designed and intended to be fired from the shoulder and designed to use the energy in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Expected Lifespan: 10 years
Manufacturer's Product Description: The Colt® AR -15 Tactical Carbine comes equipped with a Magpul MBUS backup sight and is used as a patrol rifle with tactical accuracy by federal, state and local agencies. The AR -15 Tactical Carbine has a 16" heavy barrel with a 1/9 twist which allows for flexibility in ammunition selection.

ATTACHMENT 2

Purchase Price: Up to $1,200 per rifle
Annual Upkeep Costs: Up to $50
Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize rifles only for official law enforcement purposes, in compliance with the Placentia Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

FLASHBANG GRENADESLTEAR GAS, AND PEPPER BALLS
[Government Code section 7070(c}(12jn
Item: DEFENSE TECHNOLOGY #25, TACTICAL DIVERSIONARY

DISTRACTION DEVICE
Current Inventory: 10*
Normal/Ideal Inventory: Up to 30
Use and Capability: Device used to disorient or divert a suspect'(s) attention away from SWAT Officers using light and sound. This device can allow SWAT Officers to gain safer access to a high -risk situation, giving extra time to assess and analyze existing threats. This device can prevent injury to officers and citizens. This device can lead to a safer resolution and allow SWAT Officers to take a suspect'(s) into custody without force.

Expected Lifespan: Until expended
Manufacturer's Product Description: The 12 -Gram Distraction Device® reload utilizes an M201A1 type fuse that was designed for use with the Distraction Device reloadable steel body. The 12- Gram Distraction Device reloads are only to be used when properly inserted and tightened into the Distraction Device body. DO NOT discharge the reload without the use of the steel body. The Distraction Device body should only be deployed in areas that have been visually observed to be clear of potential hazards. It is recommended that the immediate area for deployment be visually affirmed to be clear of personnel and that the device is delivered so that the ports are free from obstruction. If the bottom port is obstructed by an object or wall, the device body may move. The cleared area for deployment should be 5 - 6 feet around which the device is expected to come to rest. A modified version of the 12 -Gram Distraction Device Reload is available for use in high humidity environments that incorporates a water-resistant charge tube. These products are designated by 'HH' after the part number. The standard render safe practice involving 24 -hour water submersion will no longer be effective for the high humidity devices, please consult the render safe procedure for incineration in the instructions.

ATTACHMENT 2

Purpose: A distraction device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high -risk arrest situations. To produce atmospheric overpressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage.

Authorized Use: Diversionary Devices shall only be used by officers who have been trained in their proper use, in hostage and barricaded subject situations, in high - risk warrant (search/arrest) services where there may be extreme hazards to officers, during other high -risk situations where their use would enhance officer safety, and during training exercises.

Purchase Price: Up to $50 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Placentia Police Department, but may be used by any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training Required: Prior to use, officers must attend diversionary device training that is by POST -certified instructors.
* Current inventory as of 3/14/2022
Item: DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE Current Inventory: 4*
Normal/Ideal Inventory: Up to 20
Use and Capability: Handheld/throwable grenade used to deploy and disperse CS chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture.

ATTACHMENT 2

Manufacturer's Product Description: The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections, but was designed with the barricade situation in mind. It's applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals' effectiveness via heat and vaporization, while minimizing or negating the chance of fire to the structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.

Purpose: To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: self-destructive, dangerous and/or combative individuals; riot/crowd control and civil unrest incidents; circumstances where a tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

Purchase Price: Up to $35 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Placentia Police Department, but may be used by any trained member of the regional SWAT team, North County SWAT, during training and during SWAT operations.

Training: Sworn members utilizing chemical agent canisters are annually trained by POST -certified less lethal and chemical agent instructors.

ATTACHMENT 2

* Current inventory as of 3/14/2022
Item: DEFENSE TECHNOLOGY SPEDE-HEAT CS GRENADE
Current Inventory: 8*
Normal/Ideal Inventory: Up to 20
Use and Capability: Handheld/throwable or weapon-Iaunchable grenade use to deploy and disperse CS chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture.

Manufacturer's Product Description: The Spede-HeatTM CS Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This Iaunchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent.

Authorized Use: Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

Purchase Price: Up to $30 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Placentia Police Department, but may be used by any trained member of the regional SWAT team, North County SWAT, during training and during SWAT operations.

ATTACHMENT 2

Training: Sworn members utilizing chemical agent canisters are annually trained by POST -certified Tess lethal and chemical agent instructors. * Current inventory as of 3/14/2022
Item: DEFENSE TECHNOLOGY OC VAPOR AEROSOL GRENADE
Current Inventory: 0*
Normal/Ideal Inventory: Up to 20
Use and Capability: Handheld/throwable or weapon-launchable grenade used to deploy and disperse OC chemical agent in a mist form.

Expected Lifespan: Until expended, or five years from date of manufacture.

Manufacturer's Product Description: The Defense Technology OC Vapor Aerosol Grenade is for law enforcement and corrections use to deliver a high concentration of Oleoresin Capsicum (OC) in a powerful mist. The grenade is designed for indoor - use in confined areas and, once deployed, inflames the mucous membranes and exposed skin resulting in an intense burning sensation. The incapacitating effect of the OC Vapor on the subject is dramatic, yet requires minimal decontamination.

Removing the subject from the affected area to fresh air will resolve respiratory effects within minutes. The OC Vapor Aerosol Grenade is ideal for cell extractions or barricade situations where the use of pyrotechnic, powder or liquid devices are not practical or desired.

Authorized Use: Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

Purchase Price: Up to $30 each
ATTACHMENT 2

Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Placentia Police Department, but may be used by any trained member of the regional SWAT team, North County SWAT, during training and during SWAT operations.

CANISTER
Current Inventory: 0*
Normal/Ideal Inventory: Up to 30
Use and Capability: Handheld/throwable grenade used to deploy and disperse CS chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture.

Manufacturer's Product Description: The Triple -Chaser® CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

tactical advantage can be obtained; potentially vicious animals; training exercises or approved demonstrations.

Authorized Use: Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

CANISTER
Current Inventory: 0*
Normal/Ideal Inventory: Up to 20
Use and Capability: Handheld/throwable grenade used to deploy and disperse OC chemical agent.

Expected Lifespan: Until expended, or five years from date of manufacture.

Manufacturer's Product Description: The OC Triple -Chaser® Pyrotechnic Grenade is one of our first -ever pyrotechnic grenades that combines the effectiveness of Oleoresin Capsicum (OC) as an irritant and inflammatory agent with the flexible delivery methods, range and area coverage of pyrotechnic munitions for crowd control. The Triple -Chaser OC consists of three separate canisters pressed together.

ATTACHMENT 2

This grenade can be hand thrown or launched from a delivery system. The grenade is 6.5 in. by 2.7 in. and holds approximately 1.06 oz. of active agent payload. It has an approximate burn time of 20-30 seconds.

Authorized Use: Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

Purchase Price: Up to $40 each
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize this item only for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Placentia Police Department, but may be used by any trained member of the regional SWAT team, North County SWAT, during training and during SWAT operations.

Training: Sworn members utilizing chemical agent canisters are annually trained by POST -certified less lethal and chemical agent instructors. * Current inventory as of 3/14/2022
Item: DEFENSE TECHNOLOGY, CS POCKET TACTICAL CANISTER
Current Inventory: 6*
Normal/Ideal Inventory: Up to 10
Use and Capability: Handheld/throwable grenade use to deploy and disperse CS chemical agent.

ATTACHMENT 2

Expected Lifespan: Until expended, or five years from date of manufacture.

Manufacturer's Product Description: The Pocket Tactical CS Grenade is small, and lightweight. The 0.9 oz. of active agent will burn approximately 20-40 seconds. At

4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a Iaunchable grenade; however, it is normally used as a signaling or covering device.

Though this device is slightly over four inches in length, it produces a smoke cloud so fast it appears to be an enveloping screen produced by a full-size tactical grenade.

Authorized Use: Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

Normal/Ideal Inventory: Up to 5
Use and Capability: Handheld/throwable grenade use to deploy and disperse inert smoke.

Expected Lifespan: Until expended, or five years from date of manufacture.

Manufacturer's Product Description: The Military -Style Maximum Smoke Grenade comes from the Defense Technology® #3 smoke grenade. It is a slow burning, high volume, continuous discharge grenade designed for outdoor use in crowd management situations. Emits grey -white smoke only for approximately 1.5 to 2 minutes.

Authorized Use: Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

Training: Sworn members utilizing chemical agent canisters are annually trained by POST -certified less lethal and chemical agent instructors. * Current inventory as of 3/14/2022
ATTACHMENT 2

Item: FTC PEPPERBALL LAUNCHER
Quantity: 2 up to 5*
Use and Capability: A compressed -air powered launcher designed to launch non- lethal PepperBall projectiles, both inert and irritant -containing, at a maximum distance of 150 feet.

Expected Lifespan: 20 years
Manufacturer's Product Description: FTC is a high -capacity, semi -automatic launcher that is perfect for crowd management and mobile field force operations.

Reliable and accurate, it features a hopper that can hold up to 180 rounds and a flexible air source configuration.

Authorized Use: Only Officers and SWAT Operators who have been trained in the use of PepperBall launchers are authorized to use them.

Purchase Price: Up to $900
Annual Upkeep Costs: Up to $50
Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize this item only for official law enforcement purposes, in compliance with the Placentia Police Department Use of Force policy, and pursuant to state and federal laws regarding the use of force.

Training Required: Officers and SWAT Operators utilizing PepperBall launchers and projectiles shall be trained in their use annually by certified less lethal instructors. * Current inventory as of 3/14/2022
ATTACHMENT 2

Related Munitions:

Item: PEPPERBALL LIVE -X PROJECTILES
Description: Our most potent and powerful concentration of PAVA pepper powder.

One round of LIVE-XTM contains the equivalent PAVA irritant chemical agent in 10 regular PepperBall® LIVETMrounds.

Current Inventory: 750 rounds*
Normal/Ideal Inventory: 750 rounds
Purchase Price: Up to $2,000 per 750 rounds
* Current inventory as of 3/14/2022
Item: PEPPERBALL INERT PROJECTILES
Description: Containing a harmless, scented powder, this projectile is best suited for training, qualifications, and direct impact when chemical exposure is not desired.

Current Inventory: 750 rounds*
Normal/Ideal Inventory: Up to 1000 rounds
Purchase Price: Up to $500 per 750 rounds
* Current inventory as of 3/14/2022
ATTACHMENT 2

LONG RANGE ACOUSTIC DEVICE (LRAD)
[Government Code section 7070(c)(13}I
Item: AARDVARK LRAD 100x PORTABLE HAILING SYSTEM
Quantity: 1*
*This item is owned and maintained by the Brea Police Department, but is a mutual aid asset used by Placentia Police Department personnel as part of a regional SWAT team.

Use and Capability: A high intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.

Expected Lifespan: 25 years
Manufacturer's Product Description: The Model 100X Portable Hailing System is a self-contained, hand-held, portable communications device for use in on -scene and tactical communications. It has the capability to be 20-30 dB louder than legacy bullhorns and vehicle -based P.A. systems, while still being 4x- 6x louder and more intelligible than products with a comparable size and weight. Weighing at only 15 lbs. (6.8 kg) with battery, accessories, and cables, the easy portability of the 100X can safely communicate beyond standoff distances to determine intent. The highly intelligible voice messages over distances up to 600 meters; max range of 250 meters over 88 dB of background noise and 137dB SPL @ 1 meter, A -weighted maximum continuous output. Taking advantage of its focused, directional sound pattern, optimized driver and waveguide technology, the 100X can penetrate buildings and vehicles to ensure communications are heard and understood. The warning tone provides a safer alternative to non -lethal measures and safely modifies behavior while creating additional time to scale the escalation of force if necessary. With an 8 -hour rechargeable battery, optional power sources and water-resistant casing, the 100X creates an instant acoustic standoff perimeter even through wind, engines, sirens, and noisy crowds. The 100X is easily operable with gloves or MOPP gear using the simple user interface.

Purpose: To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for ATTACHMENT 2

wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.

Authorized Use: The LRAD use may only occur after the authorization of the Incident Commander or SWAT Commander in the field and/or during training exercises by personnel trained to operate the LRAD.

Purchase Price: Up to $12,293.95
Annual Upkeep Costs: None
Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize this tool for official law enforcement purposes, and pursuant to State and Federal Law. This equipment is owned and operated by Brea Police Department, but may be used any trained member of the regional SWAT team, North County SWAT, during training and SWAT operations.

Training Required: No formal training is required, however SWAT Operators trained in the use of the LRAD should set up and operate the device.

ATTACHMENT 2

PROJECTILE LAUNCH PLATFORM AND RELATED MUNITIONS
'Government Code section 7070(c)(14)
Item: DEFENSE TECHNOLOGY LMT 40 MM LMT SINGLE SHOT

LAUNCHER
Quantity: 8*
*One launcher is assigned to the SWAT team, six launchers are assigned to Patrol and one launcher is assigned to the Detective Bureau. Current inventory as of 3/14/2022 Use and Capability: 40MM Launchers are utilized by department personnel as a less lethal tool to launch less -lethal impact rounds, and authorized CS and OC rounds.

Expected Lifespan: 15 years
Manufacturer's Product Description: Manufactured exclusively for Defense Technology®, the 40LMTS is a tactical single shot launcher that features an expandable ROGERS Super Stoc and an adjustable Integrated Front Grip (IFG) with light rail. The ambidextrous Lateral Sling Mount (LSM) and QD mounting systems allow both a single- and two -point sling attachment. The 40LMTS will fire standard 40mm less lethal ammunition, up to 4.8 inches in cartridge length. The Picatinny Rail Mounting System will accept a wide array of enhanced optics/sighting systems.

Authorized Use: Only Officers and SWAT Operators who have been trained in the use of 40mm launchers are authorized to use them. 40mm launchers are to be used for law enforcement purposes, and in compliance with the Placentia Police Department Use of Force policy and relevant state and federal laws.

Purchase Price: Up to $1,000 each
ATTACHMENT 2

Annual Upkeep Costs: Up to $50 each
Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Sworn members utilizing 40mm Tess lethal munitions, chemical agents or impact rounds, shall be trained in their use by certified less lethal and/or chemical agent instructors.

Related Munitions:

Item: DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE
Description: The 40mm eXact iMpactTM Sponge Round has evolved from the design of the 40mm XM1006 projectile, developed by the US Army Research Laboratory.

This lightweight, high-speed projectile incorporates a plastic body and a foam (sponge) nose which is spin stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. The round utilizes smokeless powder as the propellant and has velocities that are extremely consistent. The 40mm eXact iMpactTM Sponge Round is a "point -of -aim, point -of -impact" direct fire round that is most commonly used by tactical teams in situations where maximum deliverable energy is desired for the incapacitation of an aggressive, non -compliant subject. In many municipalities, these are being selected for both tactical call outs and as an available option for patrol. The 40mm eXact iMpactTM Sponge Round is intended for direct fire deployment. The operator should be adequately trained in the use of Less Lethal Impact Munitions and have a thorough understanding of the round and considerations for selecting shot placement such as level of threat, target distance, size and clothing. The 40mm eXact iMpactTM Sponge Round will prove most successful for incapacitation when used within its optimal energy range of approximately 5 — 40 meters, although it may used in situations from 1.5 — 50 meters. The optimal zone offers the necessary energy and accuracy to target the large muscle groups of the buttocks, thigh, and even the knees of the subject. These areas provide sufficient pain stimulus, while greatly reducing serious or life - threatening injuries. The 40mm eXact iMpactTM Sponge Round can also be deployed ATTACHMENT 2

in crowd control situations to protect the riot line, cover or enhance chemical munitions, or targeting specific agitators and organizers of the crowd. When used in this fashion, it is primarily both a psychological deterrent and physiological distraction serving as a pain compliance device to either get the crowd or subject moving or keeping them at a designated distance
Current Inventory: 181 rounds*
Normal/Ideal Inventory: Up to 400 rounds
Purchase Price: Up to $20 per round
* Current inventory as of 3/14/2022
Item: DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT SPONGE
Description: The 40mm Direct Impact® Round has evolved from Defense Technology® design of the eXact iMpactTM. This lightweight, high-speed projectile consists of a plastic body and a crushable foam nose which is spin stabilized via the incorporated rifling collar and the 40mm launcher's rifled barrel. The rounds utilize smokeless powder as the propellant and have velocities that are extremely consistent. The 40mm Direct Impact® Round consists of a plastic body and a crushable foam nose that contains a powder payload. This payload area can hold inert, marking, OC or CS powder. The crushable foam nose dissipates energy upon impact while releasing the powder payload. The 40mm Direct Impact® Round is a "point -of -aim, point -of -impact" direct fire round that is most commonly used by tactical teams in situations where greater accuracy and deliverable energy is desired for the incapacitation of an aggressive, non -compliant subject at longer distances. The 40mm Direct Impact® Round is intended for direct fire deployment.

The operator should be adequately trained in the use of Less Lethal Impact Munitions and have a thorough understanding of the round and considerations for selecting shot placement such as level of threat, target distance, size and clothing.

The 40mm Direct Impact® Round will prove most successful for incapacitation when used within their optimal energy range of approximately 5-40 meters, ATTACHMENT 2

although it may used in situations from 2-50 meters. Extensive testing was done on the Direct Impact® Round to ensure that the round is less -lethal when fired within the optimal energy range and at the large muscle groups of the buttocks, thigh, and knees. These areas provide sufficient pain stimulus, while greatly reducing serious or life -threatening injuries.

Current Inventory: 5 rounds*
Normal/Ideal Inventory: Up to 100 rounds
Purchase Price: Up to $40 per round
* Current inventory as of 3/14/2022
Item: DEFENSE TECHNOLOGY, 40MM OC FERRET POWDER BARRICADE

PENETRATING PROJECTILE ROUND
Description: The Ferret® 40mm Round is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The Ferret® 40mm Round is non -burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the Ferret® 40mm is primarily used to dislodge barricaded subjects from very small, confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. The Ferret® 40mm Round is available with either liquid or powder carriers for the agent. Once delivered, powder carriers tend to keep the agent airborne longer than liquid carriers and may have more effect. Liquid carriers contain red dye to aid in shot placement. Shot placement and trajectory considerations should be based on hardness of the barrier. However, accuracy is dependent on the operator and the condition of the launcher. Velocity and ATTACHMENT 2

barricade penetration results will vary between launchers, temperature conditioning and impact angle.

Current Inventory: 20 rounds*
Normal/Ideal Inventory: Up to 30 rounds
Purchase Price: Up to $25 per round
* Current inventory as of 3/14/2022
Item: DEFENSE TECHNOLOGY 40MM CS FERRET LIQUID BARRICADE -

PENETRATING PROJECTILE ROUND
Description: The 40MM CS Ferret Liquid munition is a frangible projectile filled with chemical agent. It is designed to deliver chemical agents in barricade situations from a 40mm launcher. Spin stabilization from barrel rifling affords maximum stand-off distance and accuracy for safety. The munition is non -burning and suitable for indoor use. It is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. The active CS agent is 27.6 grams and instantaneously discharges on impact.

Current Inventory: 20 rounds
Normal/Ideal Inventory: Up to 30 rounds
Purchase Price: Up to $25 per round
Item: REMINGTON 870 12 GAUGE LESS LETHAL SHOTGUN
Quantity: 1*
ATTACHMENT 2

Use and Capability: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12 -gauge Super -Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect, reducing the immediacy of the threat which is a principle of de-escalation.

Expected Lifespan: 25 years
Manufacturer's Product Description: The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12 -gauge Super -Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De- escalation.

Authorized Use: Only Officers and SWAT Operators who have been trained in the use of less lethal shotgun are authorized to use them. Less lethal shotguns are to be used for law enforcement purposes, and in compliance with the Placentia Police Department Use of Force policy and relevant state and federal laws.

Purchase Price: Up to $1,000 each
Annual Upkeep Costs: $50 each
Legal and Procedural Rules: It is the policy of the Placentia Police Department to utilize the less lethal shotguns only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Training Required: Officers are trained in the 12 gauge less lethal option by annual in-service training.
* Current inventory as of 3/14/2022
ATTACHMENT 2

Related Munitions:

Item: DEFENSE TECHNOLOGY DRAG STABILIZED 12 -GAUGE BEANBAG ROUND
Description: The 12 -Gauge Drag StabilizedTM Round is comprised of a translucent 12 -Gauge shell loaded with a 40 gram, tear shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four (4) stabilizing tails. The 12 -Gauge Drag Stabilized" Round utilizes smokeless powder as the propellant. The 12 -Gauge Drag StabilizedTM Round has secured its place as the Law Enforcement Communities' number one choice for Specialty Impact Munitions to be used as a dynamic, high energy, single target round for incapacitation or the distraction of a non -compliant, aggressive subject. It has been successfully used against a broad range of individuals from fleeing subjects to "suicide by cop" situations. The 12 -Gauge Drag StabilizedTM Round is intended to be direct fired. The operator should be adequately trained in the use of Less Lethal Impact Munitions and have a thorough understanding of the round and considerations for selecting shot placement such as level of threat, target distance, size, and clothing. It is recommended that these rounds should only be used in a cylinder bore shotgun with no choke. The 12 -Gauge Drag StabilizedTM Round proves most successful in incapacitation when used within its effective range of approximately 20 to 50 feet.

These ranges offer the necessary energy and accuracy to target the large muscle groups of the buttocks, thigh and even the knees of the subject. These areas provide sufficient pain stimulus and affect the mobility of the subject while significantly minimizing serious or life -threatening injuries. Statistics show that subjects are rarely incapacitated after only one deployment. Most encounters require two to three shots placed on the subject. It is extremely critical to deploy an accurate round, such as the 12 -Gauge DS, in order to place these multiple shots in areas where pain might be maximized, while serious injuries are minimized. It is the need for accuracy that led to the deployment of the drag stabilized design. The 12 -Gauge Drag StabilizedTM Round can also be deployed in crowd control situations to protect the riot line, cover or enhance chemical munitions, or target specific agitators and organizers of the crowd. When used in this fashion, it is primarily both ATTACHMENT 2

a psychological deterrent and physiological distraction serving as a pain compliance device to either get the crowd (or subject) moving or keeping them at a designated distance.

Current Inventory: 50 rounds*
Normal/Ideal Inventory: Up to 100 rounds
Purchase Price: up to $6 per round
* Current inventory as of 3/14/2022
ATTACHMENT 2

Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
FROM: CITY ADMINISTRATOR
DATE: APRIL 19, 2022
SUBJECT: REAPPOINTMENT OF EXPIRED COMMISSION AND COMMITTEE TERMS FISCAL
IMPACT: None
SUMMARY:

State Law requires that Placentia publicly post a list of all City Council authorized committees, commissions, and boards by December 31 of each calendar year. This requirement is referred to as the "Maddy List" named for State Senator Ken Maddy who was the sponsoring legislator for the requirement.

In addition to a list of the City's committees, commissions, and boards, the posted information must also include any requirements for appointment to each group as well as a list of any appointed members whose terms will be expiring in the calendar year following the posting.

During the pandemic, the City Clerk's office continued to post a Maddy List. However, the terms of several commissioners and committee members have expired, and those volunteers have continued to serve after their terms expired. The Placentia Charter states in Section 902 that members of City Council appointed boards, commissions, and committees shall serve until their respective successors are appointed and qualified. The City wishes to recognize the hard work and commitment of the volunteers serving on boards, commissions, and committees by completing the process of reappointing those desiring to continue to serve.

The City Clerk's Office wishes to address these expired terms of office.

RECOMMENDATION:

It is recommended that the City Council take the following action:
1) Receive and file this report and presentation; and
2) Provide direction to the City Clerk's Office regarding the City Council's preferred approach to updating terms of commissioners, and board and committee members, serving after their appointed term has expired.

3. a.

Apr. 19, 2022

City Council Agenda
April 19, 2022

Page 3 of 3 ends

DISCUSSION:

The terms of the positions below have expired and it is recommended that those serving be reappointed if willing to continue to serve.

Planning Commission
2 positions require (re)appointment to term ending 7/1/22 (7/1/26?) 1 position requires (re)appointment to term ending 7/1/25 There is 1 open position
Financial Audit Oversight Committee
1 position requires (re)appointment to term ending 7/1/23 2 positions require (re)appointment to term ending 7/1/24 1 position requires (re)appointment to term ending 7/1/25 The City Clerk's Office seeks the City Council's guidance as to their preferred method to become current with appointments. The Clerk's Office has identified the following two (2) options for achieving compliance and would welcome any direction on this matter.

Option #1
Solicit confirmation from all currently serving members requiring (re)appointment that they are willing to serve the remainder of the term consistent with their previous appointment date. Upon confirmation, conduct City Council reappointments of those indicating a willingness to continue serving.

Option #2
Declare the expired term seats "vacant". Open applications to all positions requiring re(appointment) and solicit applications to fill identified positions. At the conclusions of that process, conduct City Council interviews with prospective applicants and subsequently make any necessary appointments.

Prepared by:

Kasen O'Leary
Deputy City Clerk
Attachment:

Presentation — Maddy List
viewed and approved:

Damien R. Arrula
City Administrator

*****

PLACENTIA

ALL AMERICA CITY
tat
&re/ ;,eaceptria
Maddy List
Achieving Post -Pandemic Compliance
7T
-- •
4 Office of the City Clerk
April 2022
ATTACHMENT 1

Backgrou
• Maddy List is a state law requirement for cities to publish an annual "Local Appointment List" by December 31 each year List of all ongoing commissions, committees, and boards authorized and appointed by the City Council, term of office, and any required qualifications for appointment and service
List of all appointed members whose term will expire during the coming calendar year
Date of original appointment, date of expiring term, date of any intermediate appointment(s)

Placentia's Local Appointment List Issues
• Lists posted during pandemic were not in strict compliance with State Law
Members were listed and continued to serve after term had expired, but had not been formally reappointed
Non-compliance was not a major issue due to relaxation of requirements during the pandemic
• Purpose of this agenda item is to solicit City Council direction regarding approach to achieving compliance
ATTACHMENT 1

Positions Requiring Attention to Achieve
Compliance
• Planning Commission
2 positions require (re)appointment to term ending 7/1/22 (7/1/26 ?) 1 position requires (re)appointment to term ending 7/1/25 There is 1 open position
• Financial Audit Oversight Committee
1 position requires (re)appointment to term ending 7/1/23 2 positions require (re)appointment to term ending 7/1/24 1 position requires (re)appointment to term ending 7/1/25

Possible Approaches to Achieve Maddy List
Compliance
• Option #1
Solicit confirmation from all currently serving members requiring (re)appointment that they are willing to serve remainder of the term consistent with their previous appointment date
Make City Council reappointments
• Option #2
Open up applications to all positions requiring re(appointment) Solicit applications to fill identified positions
Conduct City Council interviews with applicants
Make City Council appointments

Questions I Comments

Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF COMMUNITY SERVICES
DATE: APRIL 19, 2022
SUBJECT: APPROVAL OF THE DESIGN CONCEPT PLAN FOR THE LA PLACITA PARKETTE RENOVATION CIP AND PROP 68 PROJECT NO. 7911.

FISCAL
IMPACT: BUDGETED: $640,000 PROP 68 GRANT FUND
EXPENSE: $638,360 PROP 68 GRANT FUND
SUMMARY:

In August 2019, after careful consideration and following City Council approval, the City submitted seven (7) project applications requesting grant funds for various improvements/renovations at several community parks through the California State Parks, Office of Grants and Local Services (OGALS). The Statewide Park and Community Revitalization Program (SPP) is a competitive grant program that provides funds to create new parks, expand existing parks, and/or renovate existing parks in critically underserved communities across California. Funding for the grant program is provided through the California Proposition 68 Parks and Water Bond of 2018.

The City Council awarded a Professional Services Agreement to RHA Landscape Architects Planners, Inc. (RHA) for design services for the La Placita Parkette playground renovation project on November 17, 2020. In following the Placentia Parks Initiative Plan, a comprehensive plan aimed at improving aging park and facility infrastructure over the next two (2) Fiscal Years, RHA was tasked with providing the City with a creative design concept plan for the renovations of La Placita Parkette. The design concept plan has been reviewed by Staff and was presented to the Parks, Arts, and Recreation Commission (PARC) at the February 8, 2022, Commission meeting for their review.

Staff and the PARC Commission recommend the City Council approve the concept design plan submitted by RHA for the renovation project of La Placita Parkette. The proposed action will approve the design concept plan of the La Placita Parkette renovation project.

3. b.

Apr. 19, 2022

City Council Agenda
April 19, 2022

Page 2 ends

RECOMMENDATION:

It is recommended that City Council take the following actions:

1. Provide Staff with input to incorporate into the design plan for the renovation of the La Placita Parkette renovation project; and

2. Approve the design concept plan for the La Placita Parkette renovation project.

DISCUSSION:

The City was notified in February 2020, that the renovation project for La Placita Parkette was chosen by OGALS to receive a grant award of $640,000. The La Placita Parkette renovation project will include removal and replacement of the existing playground and rubberized surfacing, addition of water efficient irrigation, landscaping, addition of decorative fencing, new park lighting, and replacement of aging park amenities. After receiving notification of the grant award, the City budgeted funds for the renovation of La Placita Parkette in the Fiscal Year 2020-21 Capital Improvement Program (CIP). The project began in Fiscal Year 2020-21 and a total of $9,600.28 was previously spent for design services. A total of $630,400 has been rolled over for the project completion in Fiscal Year 2021-22.

The design concept plan provided by RHA aligns with the City Council approved Placentia Park Initiative ("PPI"), to enhance play experiences throughout the City's parks system, by creating unique "themed" playgrounds that are all different. The design incorporates a citrus theme paying tribute to the rich history of the orange groves in the community. The playground will feature a spinner, new slides, citrus tree climbers, shade sails, a playhouse, wagon climber, and inclusive play elements. The PARC Commission reviewed the design concept plans for the renovation of La Placita Parkette at the February 8, 2022, meeting. The PARC Commission recommends approval of the proposed design concept plans provided by RHA for the La Placita Parkette renovation project.

The recommended actions will provide direction to Staff on the proposed park concept design.

Should the City Council approve the design concept, Staff will move forward with advertising, bidding, and constructing the project. Additional park amenities will also be ordered per the concept design and per the OGALS grant deliverables.

FISCAL IMPACT:

The City budgeted funds for the renovation of La Placita Parkette in the Fiscal Year 2020-21 Capital Improvement Program (CIP). The project began in Fiscal Year 2020-21 and a total of $9,600.28 was previously spent for design services. A total of $630,400 has been rolled over for the project completion in Fiscal Year 2021-22.

Total budgeted Prop 68 grant funds are $640,000. The total project cost allocated to Prop 68 funding is $638,360. Therefore, sufficient funds exist in the CIP budget to order and install the playground equipment and replacement of the various amenities consistent with the PPI.

City Council Agenda
April 19, 2022

Page 3 of 3 ends

Prepared by: i Reviewed and approved by:

Veronica O
Community
Jennif'r L son
Director of Finance
Reviewed and approved by:

Di : or
City Administrator
Karerh Crocker
Director of Community Services
Reviewed an approved by:
a en Arrula
Attachments:

1. La Placita Parkette Concept Design Renderings

2. La Placita Parkette Cost Estimate

3. Presentation

Proposal for
RHA Landscape Architects -Planners, Inc.

Prepared by

GREAT WESTERN
02-04-2022
Job #105074-01
La Placita Parkette Playground Option 3
805-910-5971 I gametime.com

Area:

SF: 4107
L : 244
)1: _
Sales Representative
Brandon Seitz
[email protected]
805-910-5971
.PYuto��.
5 9001
-o.
150 PlayCore Drive SE
Fort Payne, AL 35967
waw,yganetlmg,00m
RHA Landscape Architects 1 Ile: Lee „tee or specifically designed eery re .o. Are ocal Elevated Play Components M La Placita Parkette for spaced needs users It is Su Total Elevated Play Component. Accessible By RV opinion of the manufacturer that Toal Elevated Components Accessible By Transfer Placentia, CA ewu play eves and routes of
R p bevel conformfo theacnseised Total Accessible Ground Level Components Shown ieq.....bpI teeAMN"."4". Tcraf Different" a 0f Ground Level Components Great Western Recreation / Dea.w.. � -Ma pg�n
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5 - 12 Weed Oey when n AVM Mode.' c'AY .rr rrrrrrn Corneal talame ] an 1B^x7,Lvov f ,..,sane r• kela•"+41a 1054, 4: -O1-Op11

GREAT WESTERN
I r4 S TA I_ 1 A' I O F S
Brandon Seitz
ra•donPg.tairan
Great Western Installations, Inc
975 S. State Hwy 89
Logan, UT 84321
Cell: 805-910-5971
Office: 435-245-5055
Fax: 435-245-5057
brandon©gwpark.com
www.gwpark.com
La Placita Parkette Playground Option 3
RHA Landscape Architects -Planners, Inc.

Attn: Jennifer Salazar
6800 Indiana Ave, Suite 245
Riverside, CA 92506
Phone: 951-781-1930 Ext. 111
[email protected]
02/04/2022
Quote #
105074-01-04
Ship to Zip 92870
Quantity Part # Description Unit Price Amount
RDU
GameTime - 5-12 Inclusive Playground W/Shade-
Reference Drawing #105074 -01 -Opt 3
1 6272 GameTime - Merry -Go -All
1 62811 GameTime - Mule Spring Rider
2 38217 GameTime - Flower Talk Tube Ground Level 2-5
1 5506SP GameTime - Jules Playhouse
1 4586SP GameTime - Tractor Climber
1 6013RP GameTime - Bolt on Lemon Sign
2 6004SP GameTime - Orchard Tree Climber
1 PLX271 GameTime - Orange Crate Panel
1 6323RP GameTime - Poplar Canopy Roof
1 INSTALL Install - Site Work-
• Provide and install 4,107 SF of crushed misc. base at 4" depth. (Base to be manipulated for a 5' CFH and a 7'
CFH for PIP Surfacing)
• Provide and install (1) concrete pad for the Rock N Raft Equipment. • Remove and dispose spoils.
• Prevailing wages.
• Price includes one (1) move -on only
1 INSTALL Install - Installation of Playground Equipment- • Installation only of (1)
• Footings excavation, and concrete. (Through Dirt)
• Equipment assembly.
• Removal of spoils.
• Prevailing wages.
• Price includes one (1) move -on only.

INSTALL Install - Surfacing -Standard 50/50-
• Install approximately 4,107 SF of Pro-Tect TurfTM
• Install approximately 2,828 SF of 2'/" Pro-Tect TurfTM • Install approximately 1,279 SF of 3W Pro-Tect TurfTM
• 729 SF - 60% black, 40% beige color wear course.
• 2,876 SF - 60% black, 40% green color wear course.
• Use of Califomia recycled tires.
• Use of aromatic binder.
• Prevailing wages.
• Removal of our construction debris.
• Price includes one (1) move -on only.
• Standard two-year warranty.
$85,898.00 $85,898.00
$7,407.00 $7,407.00
$1,059.00 $1,059.00
$694.00 $1,388.00
$17,460.00 $17,460.00
$21,900.00 $21,900.00
$1,540.00 $1,540.00
$7,668.00 $15,336.00
$1,200.00 $1,200.00
$9,480.00 $9,480.00
$18,234.00 $18,234.00
$51,362.00 $51,362.00
$52,774.00 $52,774.00
Sub Total $285,038.00
Discount ($29,311.90)

Page 1 of 4 ends

GREAT WESTERN
5 T A L L
Brandon Saar
BrandooPgnar www.gwpark.com
La Placita Parkette Playground Option 3
02/04/2022
Quote #
105074-01-04
Quantity Part # Description
Unit Price Amount
Material Surcharge $22,726.81
Freight $12,261.70
Tax $13,657.25
Total $304,371.86
Comments
Your Sales Rep is Brandon Seitz. Please reach out to Brandon at 805-910-5971 if you should have any questions regarding this quote. ***Quotes are not valid after 30 days. Must get updated pricing to order if past 30 days from date of the quote. **Material Surcharge reflects raw material price increase** Shipping and Site Address:
900 Gonzales St
Placentia, CA 92870
*Freight charges are based on listed zip code and are subject to change if shipping information changes.

Prevailing Wages
DIR #1000028191 CSLB #929912 B & C61/D34
TERMS & CONDITIONS:

Remittance Address:
975 S. Hwy 89
Logan, UT 84321
• PRICING: Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. • PAYMENT TERMS: Net 30 days subject to approval by Credit Manager. A signed P.O. made out to Great Western Recreation or this signed quotation is required for all orders unless otherwise noted. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Checks should be made payable to Great Westem unless otherwise directed. • FINANCE CHARGE: A 1.5% monthly finance charge (or as permitted by law) will be added to invoices over 30 days past due. • TAXES: Taxes will be be shown as a separate line item when included. Any applicable taxes not shown will be added to final invoice. A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. • MINIMUM ORDER: Our minimum order is $50 (USD) Any order less than $5000 requires cash with order or payment by major credit card. • SHIPMENT: Multiple shipments may be required based on point of origin. Above costs assume one shipment for each vendor quoted. • DELIVERY: It is the responsibility of the owner to offload and inventory equipment, unless other arrangements have been made. Missing or damaged equipment must be reported within 60 days of acceptance of delivery.

INSTALLATION CONDITIONS:
• ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. • STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process.

Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation.
• FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in additional labor or materials cost.
• UTILITIES: Owner is responsible for locating any private utilities. • ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.

Page 2 of 4 ends

GREAT WESTERN
S. A L L A- I U Pc ..

Brandon Sallz
BndonOwartc can
Great Western Installations, Inc
975 S. State Hwy 89
Logan, UT 84321
Cell: 805-910-5971
Office: 435-245-5055
Fax: 435-245-5057
brandon©gwpark.com
www.gwpark.com
02/04/2022
Quote #
105074-01-04
La Placita Parkette Playground Option 3
ACCEPTANCE OF QUOTATION:

Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.

Accepted By (printed): Title:

Telephone: Fax:

P.O. Number: Date:

Purchase Amount: $304,371.86
SALES TAX EXEMPTION CERTIFICATE #
(PLEASE PROVIDE A COPY OF CERTIFICATE)
FEIN#
Salesperson's Signature Customer Signature
DIR Project # (Califomia only)

Page 3 of 4 ends

GREAT WESTERN
A L L A- I C7 P, S
Brandon sells
8railan$ggarrccnn
Customer Order Info:

Great Western Installations, Inc
975 S. State Hwy 89
Logan, UT 84321
Cell: 805-910-5971
Office: 435-245-5055
Fax: 435-245-5057
[email protected]
www.gwpark.com
La Placita Parkette Playground Option 3
BILLING INFORMATION:

Bill to:

Contact:

Address:

City, State: Zip:

Tel: Fax:

E-mail:

SHIPPING INFORMATION (IF DIFFERENT FROM ABOVE):

Ship to:

Contact:

Address:

City, State: Zip:

Tel: Fax:

E-mail:
02/04/2022
Quote #
105074-01-04

Page 4 of 4 ends

METAL
C
White
C pagne
I
Metallic
Starlight
r 1
Black
Bronze
Beige
Brown
(Gam�ime)

PLASTIC
lte
Dark Green
Green
Light Green
Spring Green
Blue
Periwinkle
Royal Purple
Burgundy
Red
Orange
gliAterscotch
YaltOW '.

HOPE

COLOR OPTIONS
Dolphin Gray
IMO =2)
2 COLOR HDPE —
LI_IJ u
White/Black
Dolphin Gray/Black
IMES MaidolINE -
z
Yellow

VISTAROPE STANDARD
Brown
Green
Purple
Red
Orange
Yellow
El=

VISTAROPE CUSTOM
Yellow /Black
3 'Colors for VistaRope products only. All standard GameTime ropes are black DECKS
1 1/ 1 1 1/ 1 1 1 1
1 0 1 1 1 0 0 1 1 1 0
Gray

SPECIAL ROCK
Deep Granite
SHADE
K halo
Graphite
Odlf►i 40011e$1401 tit
t+,H4t1tti>r+Vitoad'
yllt.ls{ `}eil$i �I44
• i'i: ,,,
'�I IIri��,�5l rl lt�nl+.

Evergreen
=ID
Aquamarine

4.1.4 1-414411-,
44g444 a-1r4-r+44
cei 11.
+t
Dandelion
Green/Brown
1 0 0 1 1 1 1 1 1 1 1
0 1 1 0 1/ 1 1 1//
Blue
WALLCANO. HANDHOLDS
Red Green Blue Beige
1/ 1 1 1 1 0 1 1/ 1
1 1 1 1 1 1•/ 1 1 1
Brown
r SITE RECYCLED PLASTIC LUMBER-- 1
Tudor
All colors are approximate. Contact your GameTime representative for color samples.

NATURAL PALETTES
ARCTIC
Uprights
White
Metal
Champagne
Roto Plastic Decks
HDPE

SPRING BLOOM
Uprights
Champagne
Roto Plastic
MALIBU
Uprights
MEP
Roto Plastic
Metal
Metal
Beige
Decks
Decks
HDPE
HDPE
INZIM
BAYOU
Uprights
Spring Green
Decks
Roto Plastic
Champagne
JUNGLE
Uprights
MEM
Metal HDPE
Metal
Spring Green
Roto Plastic Decks
HDPE

GEM MEM

SANTA ELANA
Uprights
Metal
Bui.terscptch
Roto Plastic
Decks
HDPE
DpIphin.Gray

CONTEMPORARY PALETTES
AVALON
Uprights
1 Metal
HDPE
White Dolphin Gray
Roto Plastic Decks
ell=0 =MD

EMERALD
Uprights
White
WHIMSY
Metal
Roto Plastic
Uprights Metal
White
Decks
Roto Plastic Decks
HDPE
Yellow
HDPE
Orange

DEEP SPACE
Uprights
Metal
Yellow
Roto Plastic Decks

PASSION FRUIT
Uprights
Roto Plastic
Yellow

HONEYSUCKLE
Uprights
Spring Green
Metal
HDPE
HDPE
Decks
MEM
Metal
Champagne
MED
HDPE
Roto Plastic Decks

PRIMARY PALETTES

ALLEGIANCE
Uprights
JOVIAL
Uprights
SHINE
Metal
White

GUM DROP
HDPE Uprights
=MD MIES
Metal
Butterscotch
IMMED
HDPE
Roto Plastic Decks Roto Plastic Decks
Metal
Butterscotch
Roto Plastic
Uprights
OEM
Metal
Spring Green
HDPE
Dolphin Gray
Decks
HDPE
MEM
Roto Plastic Decks
MEM MI=

PATRIOT
Uprights Metal
MEMI White
Roto Plastic
Champagne

SUNRISE
Uprights
Orange
HDPE
Decks
Metal
White
Roto Plastic
HDPE
0ell7hin Gray
Decks

GREAT WESTERN

I N S T AL L A T I O N
Credit card payment authorization
Card issuer: Visa Master Card
Card number Expiration date
Card Holder name as it appears on card
Billing address as it appears on card account.

CSC, Card Security Code
CSC note: Visa and MasterCard CSC use a 3 digit code on far right on the back of card.

Payment Amount $ Payment Release Date
Representing:
(Identifier for cash applications: Business name on order, invoice #, PO #, project name, order #) Charge authorized this date
By Cardholder signature Representing
(Business Name)
Return by fax or email to the GWR Credit Department at fax #435-245-5057, or email to [email protected] Please direct your questions to Shellece Gunnell at 435-245-5055.

RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
❑pinion of Probable Cost for:

La Placita Parkette
$727,160 total with 15% contingency
Project No.: 20140
Date: 3/30/2022
Prepared By: D. Grove
J. Salazar

DESCRIPTION
QTY,
UNIT

UNIT PRICE
TOTAL

SUB -TOTAL

DEMOLITION
$ 24,668
Site Clear & Grub
16,445 SF

1.50 $ 24,668
rG
$ 16,445
Grading
16,445 SF

1.00 $ 16,445

ELECTRICAL
$ 42,000
Solar Lights
6 EA
7,000.00 $ 42,000

HARDSCAPE
$ 21,777
4" Pervious Concrete Paving
Stabilized Decomposed Granite
Aluminum Header
Playground Edge Curb
86 SF
3,418 SF
799 SF
247 LF

14.00 $

4.00 $

4.00 $
$15.00 $
1,204
13,672
3,196
3,705

SITE AMENITIES
$ 348,972
Play Area Installed by Great Western
$304,372
Resilient Play Sufacing & Aggregate Base
Play Structures (Material)
Play Structures (Installation of equipment)
Material Surcharge, Freight, and Tax
1 LS
1 LS
1 LS
1 LS
$71,008.00 $
$133,356.10 $
$51,362.00 $
$48,645.76 $
71,008
133,356
51,362
48,646
Amenities
$44,600
1" Copper water line for hydration station
45 LF

20.00 $
900
Drinking Fountain Hydration Station
Trash Receptacle
Picnic Table
1 EA
2 EA
4 EA
5,500.00 $
1,500.00 $
1,700.00 $
5,500
3,000
6,800
Benches
3 EA
1,300.00 $ 3,900
BBQ
3' Tubular Steel Fence
Small Park Sign
3 EA
125 LF
1 EA
500.00 $
120.00 $
8,000.00 $
1,500
15,000
8,000

IRRIGATION
$ 16,856
Turf Irrigation System
3,686 SF

2.00 $ 7,372
Shrub Irrigation System
4,742 SF

2.00 $ 9,484

Page 1 of 2 ends

ATTACHMENT 2

I DESCRIPTION
QTY.

UNIT

UNIT PRICE

SUB -TOTAL
TOTAL

PLANTING
$ 43,943
Planting Area Mulch 3" thick
Weed Abatement, Soil Preparation & Fine Grade
90 Day Plant Establishment/Maintenance Period
Turf (sod)
Trees (24" box)
Shrubs
8,428 SF
8,428 SF
8,428 SF
3,686 SF
8 EA
4,742 SF

0.65 0.50

0.12 1.50
500.00

5.00 $
5,478
4,214
1,011
5,529
4,000
23,710
'SEPARATE CITY BUDGET FOR PROJECT
Amenities
15% Contingency
Sub -Total
6% Mobilization & Gen Conditions
Consultant Fees
Sub -Total $ 514,660
$ 77,198.99
$ 591,859
$ 35,511.53
$ 99,790
PROJECT TOTAL $ 727,160
$63,800
88,800
Drinking Fountain Hydration Station
Trash Receptacle
Picnic Table
Benches
1 EA
2 EA
4 EA
3 EA
5,500.00 $
1,500.00 $
1,700.00 $
$1,300.00 $
5,500
3,000
6,800
3,900
BBQ
3 EA
$500.00 $ 1,500
Small Park Sign
Play Structures (Material)
Play Structures (Installation of equipment)
1 EA
1 LS
1 LS
$8,000.00 $
$26,000.00 $
$9,100.00 $
Additional Funds $�5,Q00

GRANT TOTAL
$640,000
8,000
26,000
9,100
TOTAL FUNDED BY GRANT $ 638,360

Page 2 of 2 ends

eete, Petaexotia
la Placita Parkette - Concept Plan
April 19, 2022
ATTACHMENT 1

Background
• In August 2019, the City Council approved the submission of park project applications for grant funding for various park improvements through the Statewide Park and Community Revitalization Program (Prop 68)
• The City was notified in February 2020, that the renovation project for La Placita Parkette was chosen to receive an award of $640,000 ▪ The renovation project will include, removal and replacement of the existing playground and rubberized surfacing, addition of water efficient irrigation, landscaping, addition of decorative fencing, new park amenities, and new park lighting
• The City Council awarded a Professional Services Agreement to RHA Landscape Architects Planners, INC. (RHA) for design services for the La Placita Parkette renovation project
• The proposed design will align with the City's comprehensive Parks Initiative Plan aimed at improving aging park and facility tqFP79 infrastructure f
ATTACHMENT 1

Current Park Photos
ATTACHMENT 1

Questions & Comments

TO:

VIA:

FROM:

DATE:

SUBJECT:

Placentia City Council

AGENDA REPOR

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF COMMUNITY SERVICES
APRIL 19, 2022

APPROVAL OF THE DESIGN CONCEPT PLAN FOR PLAYGROUND

RENOVATIONS AT WAGNER PARK AND APPROVAL OF A PUBLIC WORKS AGREEMENT WITH MIRACLE RECREATION EQUIPMENT CO. FOR THE

PURCHASE AND INSTALLATION OF THE PLAYGROUND EQUIPMENT, CIP PROJECT NO. 7203
FISCAL
IMPACT: BUDGETED $300,000.00 CIP BUDGET FUND (797203-6760) EXPENSE: $289,925.14 CIP BUDGET FUND(797203-6760)
SUMMARY:

The Placentia Open Space and Urban Greening "(POSUG") Master Plan was completed in November 2019 and approved by the City Council at the December 3, 2019, meeting to be utilized as a guide for future Capital Improvement Program (CIP) projects to be incorporated into the City's CIP plan and to allocate potential funding sources as available through the City's annual budgetary process.

This Master Plan was the basis for the creation of the Placentia Parks Initiative (PPI); a citywide initiative which is aimed at establishing a significant capital investment into the City's parks and open spaces by improving and renovating aging park infrastructure and amenities over the course of the next two (2) fiscal years.

Currently, Wagner Park includes two (2) 360 Typhoon Slides that are attached to the existing play structure. The slides were installed in the summer of 2017 and cost approximately $14,000 including installation. Staff evaluated the slides and found that they are still in good shape and are not in need of replacement. Staff recommends keeping the existing slides and incorporating them into the new design of the play structure.

3. c.

Apr. 19, 2022

City Council Agenda
April 19, 2022

Page 2 ends

The design concept plan has been reviewed by Staff and was presented to the Parks, Arts, and Recreation Commission (PARC) at the February 8, 2022, Commission meeting for their review.

Staff and the PARC Commission recommend the City Council approve the concept design plan.

The proposed action will approve the design concept plan of the Wagner Park playground renovation project and will award a Public Works Agreement to Miracle Recreation Equipment Co. ("Miracle"), for the purchase and installation of the playground equipment in the amount of $289,925.14, satisfying CIP project No. 7203, as outlined in the PPI.

RECOMMENDATION:

It is recommended that City Council take the following actions:

1. Provide Staff with input to incorporate into the design plan for the renovation of the Wagner Park playground; and

2. Approve the design concept plan for the Wagner Park playground renovation project; and

3. Approve the purchase of the Wagner Park playground equipment utilizing the budgeted CIP funding in Fiscal Year 2021-2022 for project 7203; and

4. Award a Public Works Agreement to Miracle Recreation Equipment, for the Wagner Park playground equipment renovation project in the amount of $289,925.14; and

5. Authorize the City Administrator to approve contract change orders up to a total of $10,074.86 or a not -to -exceed total contract amount of $300,000.00; and

6. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.

DISCUSSION:

At the May 18, 2021, meeting the City Council approved the PPI as a tool to be utilized for prioritizing park and building improvement projects as funding becomes available. Included in the PPI was the renovation of the Wagner Park playground. The project will include the complete removal and replacement of the existing playground structure, addition of a new swing bay, themed climbers, and replacement of aging park amenities. In following the PPI, the new playground will feature a nature theme and will include colorful insect climbers in the shapes of a caterpillars, ladybugs, and butterflies.

Currently, Wagner Park includes two (2) 360 Typhoon Slides that are attached to the existing play structure. The slides were installed in 2017 and cost approximately $14,000. The slides are a Miracle product and were installed by Miracle. After evaluating the playground and determining that the existing slides are in good condition and do not pose any safety hazards, it was determined that the most fiscally responsible design should include the incorporation of the existing slides into the new playground. Staff solicited three (3) bids for the Wagner Park

City Council Agenda
April 19, 2022

Page 3 ends

playground renovation project and included a request for the consultant to incorporate the existing slides into their design proposals. The City received proposals from Miracle Recreation Equipment Co., PlayCore dba GameTime, and Pacific Play Systems Inc. Of the three (3) bids received, only Miracle was able to meet the City's request to incorporate the slides into the design concept to the City's satisfaction. Per Miracle's design concept the existing slides will be attached to the new playground and the color scheme will match, thus providing for the most seamless and cost- effective renovation project. The other two (2) contractors are not able to attach the existing slides to the new playground structure as they are not the original manufacturer or installer of the slides.

The table below identifies the submitted proposals.

Contractor
Bid Amount
Notes
Miracle Recreation
Equipment Co.
$289,925.14
Will incorporate existing slides
PlayCore dba GameTime
$289,998.76
Cannot incorporate existing
slides
Pacific Play Systems Inc.
$295,000.00
Cannot incorporate existing
slides
The design concept plan provided by Miracle aligns with the City Council approved PPI, to enhance play experiences throughout the City's parks system, by creating unique "themed" playgrounds that are all different. The Park, Arts, and Recreation ("PARC") Commission reviewed the design concept plans for the renovation of the Wagner Park playground at the February 8, 2022, meeting. The PARC Commission recommends approval of the proposed design concept plans provided by Miracle.

Upon approval of the concept design, Staff will work with Miracle to order and finalize the installation of the playground equipment for the park. Additional park amenities will also be ordered per the concept design from a separate CIP budget fund. Staff recommends the City Council approve the concept design plans and award a Public Works Agreement to Miracle Recreation Equipment Co. for the purchase of the equipment in the amount of $289,925.14.

FISCAL IMPACT:

The City Council budgeted Measure U Funds to renovate Wagner Park and Santa Fe playground in the Fiscal Year 2021-22 CIP. The current budget for the projects is $600,000. Therefore, sufficient funds exist in the CIP budget to purchase and install the playground equipment at $289,925.14. Additional park amenities will also be ordered, utilizing currently budgeted CIP project funds for the replacement of various amenities throughout all City parks, consistent with the PPI.

City Council Agenda
April 19, 2022

Page 4 of 4 ends

Prepared by:

Veronica Ortiz
Community Servic
Reviewed and approved by:

Damien R. Arrula
City Administrator
Jennifer Lampman
Director of Finance
Reviewed and approved by:
'
Karen Crocker
Director of Community Services
Reviewed and approved by:

Attachments:

1. Wagner Park Playground Concept Design Plans Presentation

2. Miracle Recreation Equipment Co. Playground Purchase Contract

Wagner Park Concept Plan
April 19, 2022
ATTACHMENT 1

Wagner Park — Backgrouimi
• In May 2021, the City Council approved the Placentia Parks Initiative (PPI); a citywide plan which is aimed at establishing a significant investment into the City's parks and open spaces
• As part of the PPI, the City created a priority list of park projects and allocated funding for the completion of the projects over the course of the next two (2) Fiscal Years
• Included in the PPI is a goal to create "destination parks" by improving aging park infrastructure and providing unique "themed" playgrounds that are all different
o Wagner Park is included in the PPI for renovation of the existing playground
o The City received three proposals for the design of the playground at Wagner Park
• The proposed design from Miracle Recreation Equipment Co. will align with the City's vision established in the PPI

Current Park Photos
ATTACHMENT 1

Concept Plan

Questions & Comments
TACHMENT 1

Project No.

CITY OF PLACENTIA

PUBLIC WORKS AGREEMENT FOR

WAGNER PLAYGROUND RENOVATIONS
THIS AGREEMENT (herein "Agreement"), is made and entered into this 19 day of April, 2022 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and MIRACLE RECREATION EQUIPMENT CO. "Contractor"). The parties hereto agree as follows:

WITNESSETH:

A. WHEREAS, City requires the renovation of playground at Wagner Park as set forth more fully in this Agreement.

B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.

C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.

D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the Califomia Government Code, in the subject matter of this Agreement.

E. WHEREAS, this Agreement is authorized under City Administrator's authority to execute contracts under $25,000. Placentia Municipal Code Section 3.08.085.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:

1.0 DEFINITIONS

1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean Miracle Recreation Equipment Co. a Texas Corporation located at PO Box 734154, Dallas, TX 75373-4154. (b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman, Placentia, California 92870.
(c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
1 Rev. 08/2017

Project No.
(e) Services. Services shall mean the services to be performed by the Contractor pursuant to this Agreement.
(f) Satisfactory. Satisfactory shall mean satisfactory to the City Administrator or his/her designee.

2.0 SERVICES OF CONTRACTOR

2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended.

2.2 Documents Included in Contract. This contract consists of this Agreement and any Exhibits, which are incorporated herein by this reference. In the event of an inconsistency, the terms of this Agreement shall govern.

2.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered, including but not limited to, the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit "E."

2.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.

Contractor shall be responsible for all subcontractors' compliance with this Section 2.4.

2.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer.
2 Rev. 08/2017

Project No.

2.6 Standard of Performance. Contractor, its subcontractors and their employees, in the performance of Contractor's work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor's field.

Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re -performance of the work, shall be bome in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re -performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.

In the event Contractor fails to perform in accordance with the above standard:

1. Contractor will re -perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re -performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved.

Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;

2. The City shall provide a new schedule for the re -performance of any task pursuant to this paragraph in the event that re -performance of a task within the original time limitations is not feasible; and

3. The City shall have the option to direct Contractor not to re -perform any task which was not performed to the reasonable satisfaction of the City Project Manager pursuant to application of (1) and (2) above. In the event the City directs Contractor not to re - perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City's right to reimbursement.

Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.

2.7 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

2.8 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.

2.9 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section 3 Rev. 08/2017

Project No.

3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of ten percent (10%) or less of the Contract Sum, may be approved by the City Administrator. Any increases, taken either separately or cumulatively, that result in the Contract Sum exceeding ten percent (10%) of the Contract Sum must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

2.10 Prevailing Wage Laws. Contractor represents and wan -ants that it is registered with the Department of Industrial Relations pursuant to SB 854 and Labor Code 1725.5.

Contractor shall ensure that its subcontractors comply with said requirements. In accordance with Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California has ascertained a general prevailing rate of wages, which is the minimum amount, which shall be paid to all workers employed to perform the work pursuant to this Agreement. A copy of the general prevailing wage rate determination is on file in the Office of the City Clerk and is hereby incorporated by reference into this Agreement. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. Contractor must forfeit to the City Twenty Five Dollars ($25.00) a day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. Contractor is required to post a copy of such wage rates at all times at the contract site. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et. seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices.

3.0 COMPENSATION

3.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, Two Hundred Eighty Nine Thousand Nine Hundred Twenty Five Dollars Fourteen Cents ($289, 925.14) for Wagner Park Playground, but not exceeding the maximum contract amount of Three Hundred Thousand Dollars ($300,000) herein "Contract Sum", except as provided in Section 2.9. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City; Contractor shall not be entitled to any additional compensation for attending said meetings.

3.2 Progress Payments. Prior to the first day of the month, during the progress of the work, commencing on the day and month specified in the Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the work during the preceding month and the portion of the contract sum applicable thereto. Upon approval in writing by the Contract Officer, payment shall be made in thirty (30) days. City shall pay Contractor a sum based upon ninety percent (90%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining ten percent (10%) thereof shall be retained as performance security. Refer to Section 8.4 of this Agreement for retention of funds.
4 Rev. 08/2017

Project No.

4.0 PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "B", and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Scope of Services may be approved in writing by the Contract Officer.

4.3 Force Majeure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes for the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 8.9 of this Agreement, this Agreement shall continue in full force and effect until final approval and acceptance of the project by the Contract Officer. Notwithstanding the foregoing, this Agreement shall terminate no later than January 31, 2023, unless the parties mutually agree in writing to extend the term.

5.0 COORDINATION OF WORK

5.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Kevin Walker
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

5.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Administrator or City Engineer of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions that must be made by City to the Contract Officer.

Unless otherwise specified herein, any approval of City required hereunder shall mean the 5 Rev. 08/2017

Project No.
approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

5.3 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

5.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of City.

City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

5.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services set forth herein. Contractor represents that the tasks and services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

5.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

5.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class I II disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site 6 Rev. 08/2017

Project No.
different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 2.9 of this Agreement.
(c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

6.0 INSURANCE AND INDEMNIFICATION

6.1 Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, as set forth in Exhibit "C" attached hereto and incorporated herein by this reference.

Conditions:

In accordance with Public Contract Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.

This insurance shall not be canceled, limited in scope or coverage or non -renewed until after thirty (30) days prior written notice has been given to the Community Development Director, City of Placentia, 401 E. Chapman Ave., Placentia, California 92870.

Any insurance maintained by the City of Placentia shall apply in excess of and not combined with insurance provided by this policy.

The City of Placentia, its officers, employees, representatives, attorneys, and volunteers shall be named as additional named insureds with respect to: liability arising out of activities performed by or on behalf of the Contractor and all Subcontractors pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Contractor and all Subcontractors; automobiles owned, leased, hired, or borrowed by the Contractor and all Subcontractors.

Prior to commencement of any work under this contract, Contractor shall deliver to the City insurance endorsements confirming the existence of the insurance required by this contract, and including the applicable clauses referenced above. 7 Rev. 08/2017

Project No.

Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by the City, it shall be Contractors responsibility to see that the City receives documentation, acceptable to the City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company.

If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement. However, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.

Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractors performance of the work covered under this agreement.

Each contract between the Contractor and any subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 6.1.

6.2 Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached to this Agreement as Exhibit "D" and are incorporated herein by this reference.

6.3 Indemnification. Contractor shall defend, indemnify, hold free and harmless the City of Placentia, its elected and appointed officials, officers, agents and employees, at Contractor's sole expense, from and against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising or alleged to arise from the negligent acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Agreement.
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', 8 Rev. 08/2017

Project No.
employees', subcontractors' or invitees') negligent performance of or failure to perform such work, operations or activities hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom.
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor shall pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel selected by City. (d) Contractor's duty to defend and indemnify as set out in this Section 6.2 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter -Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

Notwithstanding the foregoing, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.

The Contractor's indemnification obligations pursuant to this Section 6.3 shall survive the termination of this Agreement. Contractor shall require the same indemnification from all subcontractors.

6.4 Sufficiency of Insurer or Surety. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Senior Management Analyst of City ("Senior Management Analyst") determines that the work or services to be performed under this Agreement creates an increased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies required by this Section 6 may be changed accordingly upon receipt of written notice from the Senior Management Analyst; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Senior Management Analyst to the City Council of City within ten (10) days of receipt of notice from the Senior Management Analyst.
9 Rev. 08/2017

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6.5 Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of eligible equivalent securities for any monies withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder.

7.0 RECORDS AND REPORTS

7.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement.

For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records (including but not limited to payroll records as required herein) as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7.4 Public Records Act Disclosure. Contractor has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 10 Rev. 08/2017

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8.0 GENERAL PROVISIONS

8.1 Governinq Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

The Principal set forth in Section 5.1 above shall be the representative for Contractor for purposes of this Agreement, and shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.

8.3 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 8.3 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

8.4 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 3.2 of this Agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety percent (90%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining ten percent (10%) thereof shall be retained as performance security to be paid to the Contractor within sixty (60) days after final acceptance of the work by the City Administrator or his/her designee, after Contractor shall have furnished City with a release of all undisputed contract amounts if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, the City may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. City's failure to deduct or withhold shall not affect Contractor's obligations hereunder.

8.5 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval 11 Rev. 08/2017

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shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.6 Rights and Remedies. Rights and Remedies are cumulative except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.8 Licuidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City Five Hundred Dollars ($500) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Scope of Services (Exhibit A) or Schedule of Performance (Exhibit A). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

8.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.3, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

8.10 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, first-class mail, return receipt requested, addressed as follows:

To City: City of Placentia
401 E. Chapman Ave
Placentia, California 92870
Attn: Matthew Brand
To Contractor:

Miracle Recreation Equipment Co.

Kevin Walker
PO Box 734154
Dallas, TX 75373-4154
12 Rev. 08/2017

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8.11 Non-fiabifity of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.12 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

8.13 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. To the extent required by law, contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry.

8.14 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.15 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.16 Hiring of Illegal Aliens Prohibited. Contractor shall not hire or employ any person to perform work within the City of Placentia or allow any person to perform work required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.

8.17 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of 13 Rev. 08/2017

Project No.

Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).

8.18 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

8.19 PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

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

8.21 Legal Responsibilities. The Contractor shall keep itself informed of City, State, and Federal laws, ordinances and regulations, which may in any manner affect the performance of its services pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, ordinances and regulations. Neither the City, nor its officers, agents, or employees shall be liable at law or in equity as a result of the Contractor's failure to comply with this section.

8.22 Termination for Convenience. The City may terminate this Agreement without cause for convenience of the City upon giving contractor 30 days prior written notice of termination of the Agreement. Upon receipt of the notice of termination the Contractor shall cease all further work pursuant to the Agreement. Upon such termination by the City the Contractor shall not be entitled to any other remedies, claims, actions, profits, or damages except as provided in this paragraph. Upon the receipt of such notice of termination Contractor shall be entitled to the following compensation:

1. The contract value of the work completed to and including the date of receipt of the notice of termination, less the amount of progress payments received by contractor. 14 Rev. 08/2017

Project No.

2. Actual move -off costs including labor, rental fees, equipment transportation costs, the costs of maintaining on -site construction office for supervising the mover -off.

3. The cost of materials custom made for this Agreement which cannot be used by the Contractor in the normal course of his business, and which have not been paid for by City in progress payments.

4. All costs shall not include any markups as might otherwise be allowed by any plans or specifications which were a part of the Agreement.

The provisions of this paragraph shall supersede any other provision of the Agreement or any provision of any plans, specification, addendums or other documents which are or may become a part of this Agreement. City and Contractor agree that the provisions of this paragraph are a substantive part of the consideration for this Agreement.

8.23 Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

8.24 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

8.25 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

8.26 No Third -Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

8.27 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

8.28 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
15 Rev. 08/2017

Project No.

8.29 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

8.30 Funding Source Conditions — Contractor's Obligation. Contractor acknowledges that the City may be paying for the Project by using funds it receives or will receive from various funding sources in the form of grants and/or subsidies, and the like under certain terms and conditions. Contractor acknowledges and agrees that any failure of the Contractor and/or its subcontractors to perform its obligations under the Contract, including, but not limited to, timely submitting accurate reports and records, that in any way results in the City not meeting the terms and conditions placed on the funds by the funding source, or forfeiting its entitlement to or, otherwise, not receiving, the funds, then the Contractor shall be liable to pay the City for the funds not granted to the City on the Project.

8.31 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

ATTEST:

CITY OF PLACENTIA,
A municipal corporation and Charter City
Date:

Rhonda Shader, Mayor

CONTRACTOR
Date:

Signature
Name and Title
Social Security or Taxpayer ID Number
16 Rev. 08/2017

Project No.

ATTEST:

Robert McKinnell, City Clerk
APPROVED AS TO FORM:

Date:

Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:

Date:

Rosanna Ramirez, Deputy City Administrator
APPROVED AS TO CONTENT:

Date:

Project Manager

DEPARTMENTAL APPROVAL
Date:

Karen Crocker, Director of Community Services
17 Rev. 08/2017

Project No.

EXHIBIT A

SCOPE OF SERVICES

Wagner Park
Placentia, CA
,Uvu.cPt PP,et1g11,0(44 Su&
91O6 PULSAR CT

STE C, CORONA, CA

'Miracle
36_42604472386
PeAlykoueS&&

Miracle
36_42604472386
Peal juuw1 Ste,

Miracle
36_42604472386
PeAl gututzt s&&&

MiracIe
PyowueSt

To vevr Vrducr e.1.r0ce. ,
.iceRa.r
Wagner Park
Placentia, CA
444E :AP,
bet 11O14,AVAc1Nrr1FS -TOTAL: r`.

EuwA[DrurACiNt/] ^.,ur IV TwVaf_R, 1 Acav 4
eu1N1EG o[An A4Try11wS MCEM11{ tA MrI. 0 ROOD 0
0RCOCLEML 4{4ryrry TYPE 1
ORISlrcrzY[LOUV1rrr Ir.IMO S
5 ]2
rrr
'Miracle
MIRACLE PLAYGROUND SALES, INC.
9106 Pulsar Ct, Suite C PHONE NO: 800-264-7225
Corona,CA FAX NO: (877) 215-3869
GROUND SPACE: 99'-0" x 64'-6"
36 42604472386

COMPLIES TO ASTM/CPSC
PROTECTIVE AREA: 111'-6" x 102'-6"
DRAWN BY: Bryce Lawrence
DATE: 218/2022

COMPLIES TO ADA
To promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safely signage near each
playsystem s main entry point(s) to inform
parents and supervisors
of the age
general Iru es for of
affee playysysiem and

THE PLAY COMPONENTS IDENTIFIED IN THIS
PLAN ARE IPEMA CERTIFIED. THE USE AND

LAYOUT OF THESE COMPONENTS CONFORM
TO THE REQUIREMENTS OF ASTM F1487.

AN ENERGY ABSORBING PROTECTIVE SURFACE

IS REQUIRED UNDER & AROUND ALL PLAY

SYSTEMS

Wagner Park
Placentia, CA
9A'_ vAr 1,70,%,
°IPEMA"

CERTIFIED
F1487
re,sny wearerea!".r. t.

AGE GROUP: 5-12
ELEVATED PLAY ACTIVITIES - TOTAL: 15
ELEVATED PLAY ACTIVITIES ACCESIBLE BY TRANSFER: 14 REO'D 8 ELEVATED PLAY ACTIVITIES ACCESIBLE BY RAMP: 0 RED'D 0
GROUND LEVELACTIVITY TYPE: 5 REO'D 3
GROUND LEVEL QUANTITY: 16 REO'D 5
On
5-12
Miracle
MIRACLE PLAYGROUND SALES, INC.
9106 Pulsar Ct, Suite C PHONE NO: 800-264-7225
Corona,CA FAX NO: (877) 215-3869
36_42604472386

COMPLIES TO ASTM/CPSC
GROUND SPACE: 99'-0" x 84'-6"
PROTECTIVE AREA: 111-6" x 102'-6"
DRAWN BY: Bryce Lawrence
I DATE: 8/22/2016

COMPLIES TO ADA
To promote safe and proper equipment use
by children. Miracle recommends the
installation of sillier a Miracle safety sign or
other appropriate safety signage near each
playsystem s main entry point(s) lc inform
parents and supervisors of the age
appropriateness of the playsystern and
general rules for safe play.

THE PLAY COMPONENTS IDENTIFIED IN THIS
PLAN ARE IPEMA CERTIFIED. THE USE AND

LAYOUT OF THESE COMPONENTS CONFORM
TO THE REQUIREMENTS OF ASTM F1487.

AN ENERGY ABSORBING PROTECTIVE

SURFACE IS REQUIRED UNDER & AROUND ALL
PLAY SYSTEMS /r

Miracle
Miracle Recreation Equipment Co
PO Box 734154
Dallas TX 75373-4154 Web Site www.miracle-recreation.com Phone # 800-264-7225 Fax # 951-676-8706
E-mail [email protected]
EFFECTIVE 10/1/18

WE HAVE A NEW
REMITTANCE ADDRESS!

ALL PURCHASE ORDERS &

PAYMENTS MUST BE MADE
OUT TO:

Miracle Recreation Equipment Co
PO Box 734154
Dallas, TX 75373-4154

QUOTATION
Date
Quotation #
2/9/2022
2022-21019
Name/Billing Address
Ship To
City of Placentia
Finance Department
401 East Chapman Ave
Placentia, CA 92670
TBD
Project
Terms
Rep
FOB
Wagner Park
Net 30
John
Factory
Item
Description
Qty
Rate
Total
Miracle
Freight
Fibar
Freight
Installation
Mobilization
Demolition
Demolition
Site Work
Installation
Miracle Storybook Themed Playground
Commercial Freight
Fibar System 312 for 5175 Sqft
Commercial Freight
Blow In Installation

MOBILIZE EQUIPMENT AND MATERIALS AND SET UP TEMP
FENCE

DEMO AND DISPOSE OF EXISTING EQUIPMENT
DEMO AND DISPOSE OF EXISTING SAND. APPROXIMATELY
5175 SQFT

CONSTRUCT ADA FLUCTUATION RAMP

INSTALLATION ONLY OF MIRACLE RECREATION EQUIPMENT
- REFER TO MREC DRAWING TO BE INSTALLED PER
MANUFACTURER'S SPECIFICATIONS. ORTCO IS A MREC

CERTIFIED INSTALLER
1 1
1 1
1 1
1 1
1 146,616.00
7,058.00
14,001.00
1,102.10
7,469.56
1,545.00
2,916.96
13,326.14
1,081.50
74,263.00
146,616.00T
7,058.00
14,001.00T
1,102.10
7,469.56
1,545.00T
2,916.96
13,326.14
1,081.50
74,263.00
is •uote is a I• or I lays
Subtotal
Sales Tax (8.75%)
Total
THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as materials alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net 30 days from invoice with approved credit and all charges are due and payable in full at PO Box 734154 Dallas TX 75373-4154 unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the equipment at its own expense Purchase orders and payments should be made to Miracle Recreation.

Signature

Page 1 ends

Placentia City CouncilApril 19, 2022

Placentia City Council
April 19, 2022