City of Placentia
Banking Services Proposal
September 2022
CEP CITIZENS
BUSINESS BANK
A Financial Services Company
Automated Clearing House (ACH) Services Requirements
ACH Direct Deposit of Payroll:
The City utilizes direct deposit services for bi-weekly payroll (every other Thursday).
Approximately 90% of the City's employees take advantage of this payment mechanism.
Please include the following:
• Describe the bank's direct deposit services, including the software requirements and transmission options available.
Citizens Business Bank offers ACH and direct deposit services. Payments can be processed through Online Banking or sent by uploaded NACHA files or CSV files.
Files can also be uploaded for ACH Direct Transmission via Secure File Transfer Protocol (SFTP). This method is strictly for NACHA files.
• Discuss screening measures that the bank uses to minimize errors on files sent to the bank.
The Bank's Secure File Transfer Protocol (SFTP) system which is used by customers to transmit ACH and Positive Pay files directly to the Bank operates in a high -availability environment. The Bank would transfer over to a live secondary environment offering little to zero downtime if an issue with the Bank's primary SFTP environment experiences an issue.
Citizens Business Bank uses a fraud analytics tool to assess suspicious ACH activity that will generate fraud alerts which would require review from a Fraud Analyst. This allows the Bank to stop any suspected ACH transactions that are fraudulent from leaving the Bank.
Additionally, Citizens Business Bank uses the same fraud analytics tool to monitor for online access from unusual locations and analyze the user's behavior during the online session. An alert will be generated if suspicious behavior or activity are detected which would require review from a Fraud Analyst. Calls may be placed to customers to obtain additional information about an online session and appropriate action would be needed to protect unauthorized access to an online session.
19 City of Placentia
Banking Services Proposal
September 2022
CID CITIZENS
- BUSINESS BANK
A Financial Services Company
Daily and monthly limits are established for ACH origination and wire transfers. Dual control is available for a secondary review and approval of ACH files and wire transfers prior to transactions being released to the Bank for processing. • Indicate the transmission deadlines for direct deposit AHC files, including date and time when the bank needs the input file from the City and when funds are debited from the City's account.
The transmission deadline cutoff time for Online Banking is 4:30 PM Pacific Standard Time (PST). The transmission deadline cutoff time for ACH Direct Transmission is 3:30 PM PST ACH Credits: It is recommended to process the payments/files two business days in advance from the effective date.
ACH Debits: It is recommended to process the payments/files one business day in advance from the effective date.
All funds are debited on the effective date.
• include ability for ACH blocks and filters.
Citizens Business Bank offers ACH Block and ACH Filter. ACH Block service blocks all ACH activity. Positive Pay-ACH is a fraud prevention service that allows customers to filter incoming ACH activity and make pay or return decisions on identified exceptions. 20 City of Placentia
Banking Services Proposal
September 2022
CM CITIZENS
- BUSINESS BANK
A Financial Services Company
ACH Vendor Payments:
The City currently has a small number of vendors that are paid using ACH. Please describe the mechanism used by the bank to facilitate these type of vendor payments.
Describe whether these payments can be made using the bank's online system, and if so, what measures are in place to provide a higher level of security.
The Bank offers two ACH transfer services depending on your needs and systems capabilities.
Transfer service capabilities with both services include the ability to originate both consumer and commercial debit and credit transactions, including but not limited to direct deposit of payroll, vendor payments, collections, and electronic tax payments.
The first service is ACH Direct Transmission. You would will utilize your accounting and back office systems with ACH Direct Transmission to create and transmit National Automated Clearing House Association (NACHA) formatted Automated Clearing House (ACH) files directly to the Bank.
The second service is Business Online Banking with ACH Origination. This would be done with you using Business Online Banking ACH Origination to create and transmit NACHA formatted ACH files, templates, or free form transfer templates directly to the Bank.
Payroll Tax Processing:
Describe the services available from the bank to accommodate the City's payment and reporting of payroll taxes. The City requires the ability to report and pay Federal and State tax withholdings automatically either by telephone or by PC (internet).
Tax deposits may be initiated to include payment type and breakdown information via Citizens Online Banking. Citizens Online Banking allows the creation of a template of recurring tax payment data, only changing the dollar amount and due date each time a payment is due.
This service is included with Citizens On -Line Banking at no additional cost.
As an alternative method outside Business Online Banking, the payroll tax withholdings can be facilitated by utilizing TTAXpIus, whereby transfers can be conveniently initiated through touch- tone telephone or PC. Any potential unauthorized access to the system is prevented by the assignment of a Personal Identification Number (PIN) and Access Codes. A faxed receipt is available for confirmation of all payments made within minutes of the transaction. 21 City of Placentia
Banking Services Proposal
September 2022
CM CITIZENS
BUSINESS BANK
A Financial Services Company
TTAXpIus produces a quarterly activity statement for customers which records all tax payments made during the quarter. Each TTAXplus transaction takes a mere 60 seconds, thereby saving you valuable time and effort.
Business Credit (Procurement) Cards:
The City currently has one procurement card account, with an existing credit line amount of $325,000 (combined limits) that can be used by any authorized employee. (Approximately 30 card holders. Current purchases via procurement card are approximately $30,000 per month.) Describe the bank's issuance of credit/procurement cards for travel and expenses. Does your system have the availability to issue cards, cancel cards and immediately adjust spending limits via an on-line system? Provide any information on rewards or incentive programs associated with a business procurement card account. Note any annual or recurring fees associated with the maintenance of a City procurement card account. Also, describe the availability, if any, to view and/or approve the procurement card statements online.
Citizens Business Bank's Commercial One Card* is a commercial card that combines company purchasing with travel and entertainment card features and designed to provide your organization the buying power it needs.
Your employees will enjoy the ease and simplicity of using a single card for their business expenses while your business benefits from improved expense management. This powerful too enables your organization to effectively manage business travel and procurement expenses with one payment solution.
The Citizens Business Bank Commercial One Card can:
• Improve convenience and productivity for employees with a single card • Reduce the labor and administrative costs associated with cumbersome paper based procure -to -pay processes
• Improve spending controls and point -of -sale restrictions • Consolidate and track business related expenses to negotiate discounts with key suppliers
• Integrate transaction data seamlessly with your financial accounting systems • Qualify for cash rebates which are available based on an annual spend threshold 22 City of Placentia
Banking Services Proposal
September 2022
CM CITIZENS
BUSINESS BANK
A Financial Services Company
Citizens Business Bank's Commercial One Card Access Online is a feature -rich platform that can be easily configured and quickly deployed. You can implement the features and functionality that best support its business needs. Access Online is a user-friendly web based program that provides security, functionality, reliability and scalability to meet your needs.
Features include account set-up and maintenance, transaction management, payments plus, and management reporting.
Citizens Business Bank's Procurement Cards/Commercial Cards provide the option to issue cards, cancel cards and immediately adjust spending limits via an online system. Access Online also supports the ability to integrate financial extracts into a single, comprehensive system that provides all of the tools a business needs to manage the commercial card program.
There are no annual or recurring fees associated with the maintenance of the Citizens Business Bank's Procurement / Commercial Card. Online access is available to view and / or approve the Procurement / Commercial Card statements.
23 City of Placentia
Banking Services Proposal
September 2022
CM CITIZENS
- BUSINESS BANK
A Financial Services Company
Merchant Service/Credit Card Processing:
The City's average annual volume is approximately $1.5 million. The bank must be able to provide an electronic system, which will accommodate credit card authorizations.
Describe the electronic system(s) available for processing credit card transactions.
Describe how credit card machines can be secured so that no transactions can be processed after business hours. Describe how credit card machine operators are identified by the terminal. Provide pricing information, including any costs associated with acquiring necessary equipment and establishing merchant accounts. Describe how operators are identified by the terminal. Please also describe other payment options offered by the bank such as Applepay, PayPal or other alternative payment options.
Currently the City does not charge service fees to payers for using credit or debit cards.
The City is considering implementing service fees for card transactions in the future, applied city-wide across most or all departments. Respondents are encouraged to offer solutions for charging service fees for online and point -of -service card transactions, with service fees charged and settled separately from the base transaction amount.
Citizens Business Bank provides several options for processing credit and debit card transactions. Access to an online portal is available to manage merchant accounts, access reporting in real time, review and respond to chargeback requests, retrieve statements and view transaction activity.
Terminals have a feature to set a user PIN requirement to process a transaction. The PIN requirement limits user access. Time stamp reporting is available to identify if terminals were accessed after business hours. Password protection is available for machine operators.
Equipment costs for Countertop Terminals range from $300 to $950 and Mobile Terminal costs range from $420 to $990.
Apple Pay, Samsung Pay, Pay Pal and Google Wallet are available options for most payments.
24 City of Placentia
Banking Services Proposal
September 2022
CID CITIZENS
BUSINESS BANK
A Financial Services Company
Public Entities may use the Service Fee program for government agencies. Services fees are permitted on credit card and signature debit card transactions with this program. Service fees are not permitted on PIN debit transactions. The fee can be a flat amount, percentage, or tiered based on the transaction amount and cannot vary by card type and payment method.
Required services include:
1. Provide Payment Card Industry Data Security Standard (PCI DSS) compliant merchant card services or contract with a third -party processor to do so Payment Card Industry Data Security Standard (PCI DSS) compliant merchant card services are included with merchant processing.
2. Process credit card payments (MasterCard, Visa, AMEX, Discover) Credit and debit card payment processing includes MasterCard, Visa, AMEX, Discover, JCB and Diners.
3. Process online payments
Online payment processing is standard.
4. Process debit card transactions via swipe and PIN based methods Merchant terminals support swipe, chip and PIN based debit card payments.
5. Support payment acceptance through an analog connection, at least on a temporary basis
Merchant terminals are equipped to function on an analog connection.
6. Transfer funds to a designated City bank account on a next day basis Transfer of funds to a designated City owned bank account on a next day basis is standard.
7. Provide robust online reporting tools and option of downloading transactions/report data
Robust online reporting tools and the option of downloading transactions and reporting data is standard.
25 City of Placentia
Banking Services Proposal
September 2022
MID CM
CITIZENS
BUSINESS BANK
A Financial Services Company
8. Provide detailed online monthly invoices for each individual merchant location and a consolidated statement showing charges for all account services Statements are produced for each merchant location and can be consolidated to one roll - up statement to show totals for all locations
9. Clearly split out interchange and assessment fees on a monthly invoice through a pass -through pricing model
Pass -through pricing statements will split out interchange and assessment fees. Interchange fees will be based on merchant category codes specific to government agencies.
Please refer to the enclosed Merchant Bankcard Pricing Proposal.
10. Provide reliable technical support for PCI DSS compliance efforts (ad hoc service, service provider relationship support) and detailed online compliance reporting tools.
Reliable technical support for PCE DSS compliance efforts (ad hoc service, service provider relationship support) and detailed online compliance reporting tools are included with merchant processing services.
Merchant Bankcard Pricing Proposal Summary
Citizens Business Bank analyzed your current June 2022 Merchant Bankcard Statement and prepared a Merchant Bankcard Pricing Proposal. The following is the estimated savings:
• Estimated Monthly Savings: $1,984.68
• Estimated Annual Savings: $23,816.17
The Citizens Business Bank Merchant Bankcard Pricing Proposal is attached. 26 Merchant Bankcard Pricing Proposal
Merchant Name: City of Placentia
Processing Month: June 2022
Current Rate: VOSA
Current Rate:
Proposed Rate: OSA
Proposed Rate:
CEPCITI Z ENS
LIU N sl. BANK
fi tt.u'Clel
3k All .92% + $.15 per authorization + Pass Through Interchange and Assessments .65% + $.05 per authorization + Pass Through Interchange and Assessments .30% + $.06 per authorization/$.04 per transaction + Pass Through Interchange and Assessments .52% + $.06 per authorization/$.04 per transaction + Pass Through Interchange and Assessments Monthly Volume: $120,908.43
Number of Transactions: 202 authorizations 1 202 transactions Current Cost: $2,663.30
Proposed Cost: $678.62
Estimated Monthly Savings: $1,984.68
Estimated Annual Savings: $23,816.17
Estimated Effective Savings Rate: .17%
Submitted by: Ashley Spore
Prepared by: Cory MacCharles
Date: 08/24/22
Date: 08/25/22
A significant amount of the fees charged for processing credit card and non -PIN debit card transactions represents charges that we must pay to the issuing banks (or that are otherwise charged to us by Visa©, Mastercard©, Discover©, and American Express the "payment networks" and under the payment network rules). This amount, called 'Interchange" varies based upon a complex series of interchange levels that may apply to the transaction depending upon a number of factors, such as the type of card presented, specific information contained in the transaction, how and when the transaction is processed, industry, and other factors.
CJ Equal Housing Member I Member FDIC
O619.FMO1
City of Placentia
Banking Services Proposal
September 2022
CID CITIZENS
BUSINESS BANK
A Financial Services Company
Overnight Sweep Account Facility:
Describe the overnight sweep account options offered by the bank. Include whether the funds meet the California Government Code for allowable investments, and any associated costs.
The Bank's Citizens Sweep Manager service is used to sweep excess funds between the general account and the sweep account in order to maintain the minimum target balance designated for the general account. Target balances for deposit accounts are generally based upon the services used and balances required. The Citizens Sweep Manager is an allowable investment under the California Government Code. Sweep Accounts are collateralized at 102% pursuant to the California Government Code.
Citizens Business Bank's Sweep Account for Public Entities is $50.00 per month per Sweep Account.
Annual Disclosure
Amounts placed in retail repurchase agreements ("Repos") pursuant to your sweep account agreement with us are secured obligations collateralized by securities that are the direct obligation of, or the principal and interest of which are fully guaranteed by, the United States, one of its agencies or one of its government -sponsored enterprises ("Securities"). Federal law requires that we annually disclose to sweep account customers that amounts placed in Repos pursuant to your sweep account agreement with us (i) are not deposits within the meaning of 12 U.S.C 1813(I), (ii) are not insured by the Federal Deposit Insurance Corporation (FDIC),and (iii) are subject to investment risks, including possible loss of principal invested; and that if we fail (i) you will be a secured creditor, but (ii) you may become an unsecured general creditor to the extent that the market value of the Securities used as collateral falls below the outstanding amount of our Repo obligations to you.
27 City of Placentia
Banking Services Proposal
September 2022
CM CITIZENS
BUSINESS BANK
A Flnanclal Servkces Company
Service Enhancements:
Based upon information presented in the RFP and the bank's knowledge of the public sector, describe any enhancements, technological or otherwise, that the City should consider improving operational or cash management efficiencies.
Recommended Service Enhancements:
• Image Cash Letter Service or Lockbox Service
• BAI2 Reconciliation Files
• ACH Positive Pay Filter on all City accounts (Currently only two accounts out of seven accounts are on this service)
• Positive Pay -Checks, if applicable (currently five out of seven accounts are on this service)
• Sweep Account
28 City of Placentia
Banking Services Proposal
September 2022
CM CITIZENS
BUSINESS BANK
A Flnonclal Services Company
Conversion Plan:
As part of any conversion the City requires a smooth and low-cost transition to a new bank and any waivers of implementation fees is welcome and appreciated. Because the City will be running accounts with two banks during the transition period, we also request a waiver of monthly bank fees during the first two month of the new bank relationship.
Please describe the plan the bank would follow to ensure a smooth, error free transition from the current provider. Include the following:
Citizens Business Bank's Team will meet with the City of Placentia (in person or via video conference) to discuss the implementation, review timelines for each product and service and discuss any potential issues that may arise during the implementation. A general Conversion Plan is attached and a product and service specific timeline will be prepared after the first implementation meeting.
A weekly video conference meeting will be scheduled if acceptable by the City as the conversion progresses so the status of all items can be tracked. • Detail all costs associated with the conversion of all of the proposed services and the responsible party.
See Banking Services Pricing Form under Initial Set Up Fee Column. In addition, Citizens Business Bank will provide the first ninety days of checks, check stock, deposit slips, endorsement stamps and cash vault bags at no cost.
Citizens Business Bank will waive the monthly bank fees during the first two months.
Citizens Business Bank will also waive the set up fees for Online Banking — ACH Module, Positive Pay Check, Positive Pay ACH, Account Reconcilement Full, Account Reconcilement — Partial, Remote Deposit Capture and TTAX Plus.
In addition, the normal set up fee for a Deposit Account Control Account (DACA) is $750.00.
Citizens Business Bank will review the requirements of your DACA and if it is a basic or semi basic agreement we will waive the $750.00. However, if the requirements of your DACA require extensive legal review or monitoring then a $750.00 fee for set up will be incurred. 29 City of Placentia
Banking Services Proposal
September 2022
CM CITIZENS
- BUSINESS BANK
A Financial Services Company
Amendments to existing DACA checking accounts are $750.00 per agreement and DACA closures are $750.00 per account.
• Describe any on -site training to City personnel for the operation and use of the bank's services and automated systems for all areas of service. How is training structured? Training is provided for all required products and services. Training can be provided individually or in groups. Citizens Business Bank also provides many online product training demos to view at your convenience.
• Discuss any conversion allowance. include what supplies the bank will provide at no cost to the City, such as deposit slips, endorsement stamps, cash vault supplies and other items.
See Banking Services Pricing Form under Initial Set Up Fee Column. In addition, Citizens Business Bank will provide the first ninety days of checks, check stock, deposit slips, endorsement stamps and cash vault bags at no cost.
• Describe in detail how the bank will handle problem resolution, customer service, day- to-day contact, and ongoing maintenance after the conversion is completed.
Citizens Business Bank is committed to ensuring a successful new banking relationship. A team of professional and knowledgeable bank officers will be assigned to the relationship.
Your primary contact for day to day banking would be with the Brea Business Financial Center. The Brea Business Financial Center will assist with customer service and ongoing maintenance. The secondary contact would be Government Services located at the Corporate Office in Ontario.
30 City of Placentia
Banking Services Proposal
September 2022
CM CITIZENS
- BUSINESS BANK
A Financial Services Company
Conversion Plan
Task: Responsible Party:
Implementation Meeting
• Review proposed services
• Discuss timeline
City of Placentia
Citizens Business Bank
Documentation
• Complete new account signature cards
• Complete new service agreements
City of Placentia
Supplies
• Order all banking supplies (checks, deposit Citizens Business Bank slips, endorsement stamps, armored carrier
deposit bags, etc.)
City of Placentia
Equipment Citizens Business Bank
• All equipment required for services
Notification City of Placentia
• Notify appropriate parties of new account
numbers and banking relationship
Testing City of Placentia
• Testing of electronic files Citizens Business Bank
Training
• Training is provided for all required products
and services. Training can be provided
individually or in groups.
Citizens Business Bank
31 City of Placentia
Banking Services Proposal
September 2022
GM CITIZENS
- BUSINESS BANK
A Financial Services Company
Bank Compensation:
The City has historically paid for bank services with compensating balances and settles with its current bank on a monthly basis. The City's monthly balances have averaged approximately $2,500,000 over the past 12 months. Please indicate the following in this section:
• Can the City compensate the bank for services with compensating balances, hard - dollar fees, or a combination of the two at its own election? Analysis fees can be covered by compensating balances or hard dollar fees. A combination of compensating balances and hard dollar fees would be accomplished if there were not enough compensating balances for the Analysis fees due. The balance would then be debited from the account.
• Is there a surcharge or a different price schedule if the City pays with hard -dollar fees? No, the fees are the same whether paid with compensating balances or debit of fees due. • Can the City choose between paying for any analysis deficiencies by check, auto debit, or ACH credit?
Any Analysis fees not covered by compensating balances would be debited from the account.
• What is the bank's Earnings Credit Rate (ECR) based on, and how is it calculated each month?
Citizens Business Bank uses an internal index for our public entities so we can provide a higher Earnings Credit Rate (ECR) than the Standard Industry Index. The non -interest bearing demand deposit accounts will earn a monthly Earnings Credit Rate that will be applied to available balances (ledger balances less float and reserves). The Earnings Credit Rate will generate an Earnings Allowance which can be applied against monthly service activity.
• List the bank's actual ECR for each of the last six months.
The current ECR and the ECR for the last six months is 0.55% 32 City of Placentia
Banking Services Proposal
September 2022
CM CITIZENS
ID BUSINESS BANK
A Financial Services Company
• Using the ECR for the most recently completed month, please calculate the level of compensating balances (after float and reserves) needed to offset one dollar of bank services. ($1 in services=$ in compensating balances.)
$2,378.63 in average daily collected balances will offset $1.00 of charges. This factor includes a provision for reserves.
• What is the bank's settlement period for account analysis and billing purposes (monthly, quarterly, semiannually, and annually)? How Tong can any excess balances be carried forward to apply to charges in future billing periods? Citizens Business Bank can provide a monthly or quarterly account analysis deferral, allowing for settlement at the end of each calendar month or quarter for the greatest flexibility possible.
• For what period of time will the proposed pricing in the bank's proposal be fixed? Assuming the RFP is for a 5 -year contract, it is assumed that the depository and treasury services pricing is fixed for 5 years; with increases in ECR as the market improves.
The pricing during the 5 year contract is fixed pricing. The Earnings Credit Rate (ECR) is an internal index so we can provide a higher ECR than the Standard Industry Index and is subject to change.
Please note: Citizens Business Bank provides Tranche based pricing. For example, all cities are on the same Tranche pricing. Citizens Business Bank believes this is a fair way to provide pricing so you don't need to be concerned about whether you are receiving the same pricing as another City.
The Pricing Quote expires ninety days after submission of Banking Proposal. • Please detail which types of items and services can be applied against account analysis in addition to standard bank services, such as messenger service, armored carrier, check stock, supplies, custody services, etc.
Armored Carrier Service, Courier Service, Bank Supplies, Check Stock, and Deposit Slips can be applied to analysis. There is no mark up on these items. 33 City of Placentia
Banking Services Proposal
September 2022
CM CITIZENS
BUSINESS BANK
A Flnanclal Services Company
• How does the bank charge for overdrafts? Does the bank charge for the use of uncollected funds? If so, how is the charge calculated? The Overdraft Charge is per day and applies to Checking, Savings and Money Market Accounts. The fee applies to overdrafts created by checks, in person withdrawals, returned deposited items, or other electronic or other debit items (such as ACH transactions or Service Charges) as applicable. There is a charge for the use of uncollected funds. • When calculating average balances, are positive and negative balances netted? The uncollected funds charge is currently Prime plus 4.00%. The following is the calculation for the charge: Number of Days the account resulted in negative available balance multiplied by the Average Negative Available Balance divided by 365 days multiplied by Uncollected Funds Rate.
The rate quoted for negative collected balances will be fixed for the term of the contract. • Are account analysis reports available on-line? If so, is there a cost? Account Analysis Reports are available online through the Bank's Online Banking system.
There is no additional cost for Account Analysis Reports.
Collateralization:
Please describe how the bank will collateralize all deposits in excess of FDIC insured balances in accordance with California Government Code Sections 5363O-53686.
Citizens Business Bank collateralizes all public funds pursuant to the California Government Code. The collateralized funds are held at a third party custodial bank which is Bank of New York Mellon.
Citizens Business Bank monitors Public Funds on a daily basis and makes any collateral additions as necessary. Citizens Business Bank reports total deposits and related collateral every week to the Administrator of Local Agency Security at the State Treasurer's office. 34 City of Placentia
Banking Services Proposal
September 2022
CMP CITIZENS
-BUSINESS BANK
A Financial Services Company
Bank Balances:
Balances have been used to cover bank charges, but the City is interested in having the option to choose to invest funds in a sweep or interest -bearing account.
Required Services include:
1. Provide a competitive earnings credit rate for uninvested balances Citizens Business Bank uses an internal index for our public entities so we can provide a higher Earnings Credit Rate (ECR) than the Standard Industry Index. Non -interest bearing demand deposit accounts will earn a monthly Earnings Credit Rate that will be applied to available balances (ledger balances less float and reserves). The Earnings Credit Rate will generate an Earnings Allowance which can be applied against monthly service activity.
2. Provide an overnight investment service (sweep) and/or interest -bearing account for excess cash balances in the demand deposit accounts
Citizens Business Bank can provide a Sweep Account and/or interest -bearing account.
3. Collateralize all collected balances, in excess of balances insured by the FDIC, as pre collateral requirements of the State of California.
The California Government Code allows for public entity accounts to be covered by FDIC Insurance for the first $250,000 of deposits if the customer signs a Waiver Agreement.
The balance of the funds is collateralized pursuant to the California Government Code. 35 City of Placentia
Banking Services Proposal
September 2022
CM CITIZENS
- BUSINESS BANK
A Financial Services Company
EXHIBITS
36 City of Placentia
Banking Services Proposal
September 2022
CM CITIZENS
- BUSINESS BANK
A Financial Services Company
Banking Services Pricing Form
Banking Services Pricing Form: Complete the form with pricing information. Any additional information should be included on the form if possible.
Banking Services Pricing Form Enclosed.
37 City of Placentia RFP
Banking Services Pricing Form
September 2022
CID CITIZENS
- BUSINESS BANK
A Financial Services Company
Banking Service
Initial Setup Fee
Monthly Fee
Activity Fee - Unit Cost
Account Services
Account Maintenance
$0.00
$17.00 (Per Acct.)
$0.00
Electronic Credits/Debits
$0.00
$0.00
$0.05
Checks Paid
$0.00
$0.00
$0.05
Furnished Currency
$0.00
$0.00
$1.50 (Per $1000)
De posits
$0.00
$0.00
$1.50
Currency Deposits
$0.00
$0.00
$1.85 (Per $1000)
Check Deposits On Us/Transit
$0.00
$0.00
$0.05
Deposit Error Corrections
$0.00
$0.00
$1.50
NSF Item Charce
$0.00
$0.00
$18.00
Returned Deposit Item — ACH
$0.00
$0.00
$2.00
Returned Deposit Item — Check
$0.00
$0.00
$2.50
Returned Deposit Item — Redeposit
$0.00
$0.00
$1.50
Wires Incoming
$0.00
$0.00
$7.50
Wires Outgoing
$0.00
$0.00
$7.50
Sto J Payment Order/Renewal — Manual
$0.00
$0.00
$10.00
FDIC Deposit Protection Insurance
$0.00
$0.00
$0.012 (Per $100/Balances)
Online Banking Services
Online Banking - Monthly Maintenance
$0.00
$100.00
$0.00
Cash Management Online Wire
$0.00
$0.00
$7.50
View Cleared Check (maces & eStatements
$0.00
$0.00
$0.00
Online Stop Payments
$0.00
$0.00
$10.00
Online Banking — ACH Module
$0.00 ($100.00 Per
Setup Waived)
$50.00
$0.00
ACH Input File
$0.00
$0.00
$0.00
ACH Credits/Debits
$0.00
$0.00
$0.05
Online ACH Reversal
$0.00
$0.00
$25.00
Positive Pay/Account Reconcilement
Positive Pay -
Initial Setup & Monthly Maintenance
$0.00 ($50.00 Per
Setup Waived)
$50.00 (Per Acct.)
$0.00
Positive Pay Item
$0.00
$0.00
$0.18
Positive Pay — Exception Item
$0.00
$0.00
$2.00
Information Reporting BA12 - MAINT
$0.00
$0.00
$60.00
Positive Pay — Payee Match
(Must utilized Check Positive Pay)
$0.00
$10.00 (Per Acct.)
$0.02
Positive Pay — ACH (Only) OR
Positive Pay — ACH (With Positive Pay -Check)
$0.00 ($50.00 Per
Setup Waived)
$45.00 (Per Acct.)
$25.00 (Per Acct.)
$0.00
$0.00
Account Reconcilement — Full
Initial Setup & Monthly Maintenance
$0.00 ($100.00 Per
Setup Waived)
$100.00 (Per Acct.)
$0.00
Account Reconcilement — Partial
Initial Setup & Monthly Maintenance
$0.00 ($100.00 Per
Setup Waived)
$60.00 (Per Acct.)
$0.00
Per Item (Full & Partial)
$0.00
$0.00
$0.08
1 City of Placentia RFP
Banking Services Pricing Form
September 2022
CID CITIZENS
- BUSINESS BANK
A Financial Services Company
Banking Service (Continued)
Initial Setup Fee
Monthly Fee
Activity Fee - Unit
Cost
Remote Deposit Capture (RDC) Services
Remote Deposit Capture —
Initial Setup & Monthly Maintenance
$0.00 ($100.00 Per
Setup Waived)
$50.00
$0.00
RDC Multi -feed Scanner— Monthly
Maintenance
$0.00
$50.00
$0.00
RDC Deposit
$0.00
$0.00
$1.50
RDC Delete Deposit
$0.00
$0.00
$8.00
TTAX TAX Payment Services
TTAX Plus Tax Payments —Telephone or
Online
$0.00 ($20.00 Per
Setup Waived)
$10.00
$0.00
Federal Tax Payment / State Tax Payment Fee
$0.00
$0.00
$3.00
Payment Receipt — Fax
$0.00
$0.00
$3.00 (Per Page)
Payment Receipt -- Mailed
$0.00
$0.00
$3.00
TTAX Quarterly Statement
$0.00
$0.00
$18.00 (Per Statement)
File Maintenance
$0.00
$0.00
$7.50
Modification/Change Recuest
$0.00
$0.00
$2.00
Sweep Account
Sweeo - Monthly Maintenance
$0.00
$50.00
$0.00
Zero (Target) Balance Account (ZBA)
Master Account
$0.00
$25.00 (Per Acct.)
$0.00
Secondary/Subsidiary Account
$0.00
$10.00 (Per Acct.)
$0.00
Smart Safe Advance Credit Option
Smart Safe Advance Credit Option
$250.00 Per Setup —
Armored Carrier Fee
$30.00
$0.00
Smart Safe De aosit
$2.00
Commercial / Procurement Card
See the Business Credit (Procurement) Cards
Section on Pages 22-23 of the RFP
$0.00
$0.00
$0.00
Courier Services (Armored Carrier)
Brinks: The rate for once a week monthly service is $203.70 plus Fuel Surcharge Sectran: The rate for once a week monthly service is $174.08 with the Fuel Surcharge at 25% Deposit Account Control Agreement (DACA)
See the Conversion Plan Section on Pages 29-
30 of the RFP
$0.00 *
$150.00
$0.00
* The normal set up fee for a Deposit Account Control Account (DACA) is $750.00. Citizens Business Bank will review the requirements of your DACA and if it is a basic or semi basic agreement we will waive the $750.00.
However, if the requirements of your DACA require extensive legal review or monitoring then a $750.00 fee for set up will be incurred.
The Pricing Quote expires Ninety days after submission of Banking Proposal. 2 City of Placentia
Banking Services Proposal
September 2022
CMID CITIZENS
- BUSINESS BANK
A Financial Services Company
Financial Statements and Ratings
Financial Statements and Ratings: Provide pages as necessary. Provide the most recent audited financial statements or annual report for the bank. Also include the bank's most current Standard & Poors and Moody's credit ratings.
Citizens Business Bank's most recent audited financial statement and annual report can be viewed on the website at www.cbbank.com under the Investors Tab.
Citizens Business Bank does not issue debt thereby they are not rated by Standard & Poor's and Moody's. However, Citizens Business Bank is rated by Fitch and in 2021 received a BBB+ rating.
38 City of Placentia
Banking Services Proposal
September 2022
Elli CM
CITIZENS
BUSINESS BANK
A Financial Services Company
Account Analysis
Account Analysis: Provide pages as necessary. Provide a sample of the bank's account analysis and a user guide for the account analysis.
Sample Account Analysis and User Guide Enclosed.
39 CID
CITIZENS
BUSINESS BANS
CBB General Account
9337 Milliken Ave
Rancho Cucamonga, CA 91730
Statement Date: 05/31/22
Account: *****123
Contact: Monrovia
Phone: 626-303-4661
ACCOUNT ANALYSIS STATEMENT
FOR THE PERIOD 05/01/22 THROUGH 05/31/22
Citizens Business Bank, A Financial Services Company.
Citizens Business Bank, A Financial Services Company.
Average Ledger Balance
Less Average Daily Float
Average Available Balance
Less Reserve Requirement ( 10.0000 %)
Balance To Support Services
575,210.66
0.00 575,210.66
57,521.07
517,689.59
--- ACCOUNT SUMMARY FOR THE PERIOD
Current Period Earnings Credit ( 0.4500 %)
Current Period Analyzed Charges
Analyzed Charges Due after Credit
TOTAL FEES DEBITED TO YOUR ACCOUNT -->
CR /CHARGES BALANCE
197.86 517,689.59
446.11 1,296,934.69
248.25
248.25
Balance shortage for the current period --> (721,714.46) C SERVICE CHARGE DETAIL >
UNIT SERVICE
SERVICES RENDERED IN PERIOD VOLUME PRICE CHARGE
BALANCE
* Account Services
Checking -Monthly Maintenance
Electronic Credit
Electronic Debit
Currency Furnished per $1,000
Checks Paid
Wire Transfer -Incoming
Two Signatures Required
eStatements
1 22.000 22.00 63,959
55 .210 11.55 33,578
4 .210 0.84 2,442
0.56 1.850 1.04 3,024
186 .210 39.06 113,556
1 20.000 20.00 58,144
1 75,000 75.00 218,041
.000 0.00
Member FDIC, Equal Housing Lender
Corporate Headquarters, 701 N. Haven Ave., Ontario, CA 91764, Toil Free (888) 222-5432
Page2of3
CITIZENS
BUSINESS BANS
UNIT SERVICE
SERVICES RENDERED IN PERIOD VOLUME PRICE CHARGE BALANCE * Subtotal Account Services 169.49 492,743
* Other Charges
Deposit Protection Insurance
* Subtotal Other Charges
5,752 .012 69.02 200,656
69.02 200,656
* Remote Deposit Capture Services
RDC Maintenance
RDC Single -t=eed Scanner
* Subtotal Remote Dep. Cap. Services
1 50.000 50.00 145,360
1 25.000 25.00 72,680
75.00 218,041
* OnLine Banking Services
OLB Maintenance -Basic Plan 1 .000 0.00 0
* Subtotal OnLine Banking Services 0.00
* Recon & PosPay Services
...... .. .. . ... .. ..
PosPay ACH-Maintenance
PosPay Check -Maintenance
Per Item
Payee Match -Maintenance
Payee Match -Per Item
* Subtotal Recon & PosPay Services
1 25.000 25.00 72,680
1 50.000 50.00 145,360
126 .080 10.08 29,305
1 10.000 10.00 29,072
6 126 .020 2.52 7,32
* ZBA Services
ZBA-Master Account Maintenance
* Subtotal ZBA Services
97.60 283,744
1 35.000 35.00 101,752
35.00 101,752
Total Activity Charges
Total Charges Listed Before Credit....
Analyzed Charge Subtotal
Special Reduced Pricing (*)
$2,907.21 in average daily collected balance will offset $1.00 of charges. This factor includes a provision for
reserves.
446.11 1,296,935
446.11 1,296,935
446.11 1,296,935
20.00 Member FDIC, Equal Housing Lender
Corporate Headquarters, 701 N. Haven Ave., Ontario, CA 91764, Toll Free (888) 222-5432
CIIZENS
BUSINESS BANS
* LAST TWELVE MONTH HISTORY *
Date
MM/YY
06/21
07/21
08/21
09/21
10/21
11/21
12/21
01/22
02/22
03/22
04/22
05/22
YTD
Lst12
Average
Ledger
Balance
260,706
221,751
145,902
104,464
297,125
456454
814,304
1,406,619
1,273,938
1,064,402
768,321
575,211
1,017,698
615,741
Balance
Supporting
Services
232,316
199,129
131,076
94,012
266,944
410,302
732,029
1,261,159
1,146, 544
957,753
689,207
517,690
914,470
553,180
Service
Balance
Required
1,033,405
1,140,056
1,211,643
1,070,099
1,131,003
1,275,310
1,787,293
1,796,131
1,968,779
1,798,661
1,445,400
1,296,935
1,661,181
1,412,893
Excess/
Deficit
Balance
(775,275)
(918,806)
(1,066,009)
(965,655)
(834,398)
(819,411)
(973,915)
(394,857)
(694,852)
(734,477)
(679,621)
(721,714)
(645,104)
(798,249)
Earnings
Allowance
105
85 56
39 113
169
280
482
396
366
255
198
1,697
2,542
Analyzed
Charges
420
436
463
396
432
472
615
618
612
619
481
446
2,775
6,009
Analyzed
Fees Due
315
351
407
357
319
303
335
136
216
253
226
248
1,079
3,467
Member FDIC, Equal Housing Lender
Corporate Headquarters, 701 N. Haven Ave., Ontario, CA 91764, Toll Free (888) 222-5432
CITIzirrs
BUSINESS BANK
Customer Name
Revenue Account
1234 Street Address
City, CA 91000
Statement Date: 05/31/22
Account: F 10000
Contact Your Center
Phone: 555-555-5555
MASTER ANALYSIS STATEMENT
FOR THE PERIOD 05/01/22 THROUGH 05/31/22
There are
accounts in the relationship. They are:
100001
100004
100007
100002
100005
100008
Citizens Business Bank, A Financial Services Company.
Average Ledger Balance O
Less Average Daily Float
Average Available Balance O
Less Reserve Requirement (10.0000%) O
Balance To Support Services O
100003
100006
73,223,582.17
150,112.19
73,073,469.98
7,307,347.00
65,766,122.98
--- ACCOUNT SUMMARY FOR THE PERIOD
Current Period Earnings Credit ( 0.5500 %) O
Current Period Analyzed Charges O
Analyzed Charges Due after Credit O
TOTAL FEES NOW DUE -->
CR /CHARGES
30,720.89
11,657.25
0.00 0.00
BALANCE
65,766,122.98
27,728,225.79
C SERVICE CHARGE DETAIL® >
SERVICES RENDERED IN PERIOD
* Account Services
VOLUME
Checking -Monthly Maintenance 8
I Electronic Credit 473
UNIT
PRICE
SERVICE
CHARGE
BALANCE
Electronic Debit 114
Currency Furnished per $1,000 4.00
Cash Vault-Curr/Coin Dep per $1,000 164.59
Checks Paid 176
Member FDIC, Equal Housing Lender
Corporate Headquarters, 701 N. Haven Ave., Ontario, CA 91764, Toll Free (888) 222-5432
CITIZENS
BUSINESS BANK
SERVICES RENDERED IN PERIOD
VOLUME
UNIT
PRICE
SERVICE
CHARGE
BALANCE
Deposit (Credit)
Items Deposited (On -Us)
Items Deposited (Transit)
Wire Transfer -Incoming
* Subtotal Account Services
33 2
100
10 * Other Charges
Deposit Protection Insurance
Interest Paid
732,236
* Subtotal Other Charges
* Remote Deposit Capture Services
RDC Maintenance
1 RDC Multi -Feed Scanner
1 RDC Deposit
* Subtotal Remote Dep. Cap. Services
84 * OnLine Banking Services
OLB Maintenance -Complete Plan
Online Outgoing Domestic Wire
Online Stop Payment
ACH Module -Maintenance Complete Plan
ACH Module -Online Orig ACH Item
* Subtotal OnLine Banking Services
4 2
1 218
* Recon & PosPay Services
PosPay ACH-Maintenance
PosPay Check -Maintenance
Per Item
3 2
56 PosPay Check -Exception Item
Payee Match -Maintenance
Payee Match -Per Item
Information Reporting BAI2-Maintenan
* Subtotal Recon & PosPay Services
1 2
56 8
* ZBA Services
ZBA-Master Account Maintenance
ZBA-Subsidiary Account Maintenance
* Subtotal ZBA Services
2 Total Activity Charges
Member FDIC, Equal Housing Lender
Corporate Headquarters, 701 N. Haven Ave., Ontario, CA 91764, Toil Free (888) 222-5432
CITIz1 s
BUSINESS BANK
Total Charges Listed Before Credit....
Analyzed Charge Subtotal
Special Reduced Pricing (*)
$2,378.63 in average daily collected balance will offset $1.00 of charges. This factor includes a provision for
reserves.
Date
MM/YY
06/21
07/21
08/21
09/21
10/21
11/21
12/21
01/22
02/22
03/22
04/22
05/22
YTD
Lst12
Average Balance
Ledger Supporting
Balance Services
50,545,575
55,229,937
57,642,751
63,817,428
68,463,089
68,270,120
65,750,467
70,836,022
70,986,880
75,687,515
75,357,881
73,223,582
73,218,376
66,317,604
45,357,358
49,628,296
51,744,289
57,247,362
61,526,878
61,360,769
59,097,668
63,631,369
63,805,716
68,011,382
67,781,353
65,766,123
65,799,188
59,579,880
* LAST TWELVE MONTH HISTORY *©
Service
Balance
Required
19,452,017
20,717,253
21,403,581
24,215,648
24,684,204
25,967,993
24,569,674
25,839,312
28,452,988
27, 768,187
28, 360,156
27,728,226
27,629,774
24,929,936
Excess/
Deficit
Balance
27,850,543
30,982,768
32,481,066
35,453,278
39,311,095
37,989,575
36,984,962
40,375,988
38,198,027
43,020,014
42,257,213
40,810,720
40,932,392
37,142,937
Earnings
Allowance
20,504
23,183
24,171
25,879
28,741
27,738
27,606
29,724
26,921
31,770
30,641
30,721
149,776
327,597
Analyzed
Charges
7,914
8,710
8,998
9,852
10,378
10,565
10,329
10,863
10,804
11,674
11,538
11,657
56,537
123,283
Analyzed
Fees Due
0 0
0 0
0 0
0 0
0 0
0 0
0 D
Member FDIC, Equal Housing Lender
Corporate Headquarters, 701 N. Haven Ave., Ontario, CA 91764, Toll Free (888) 222-5432
CIn CITIZENS
- BUSINESS BANK
A Financial Services Company
Statement Keys
Q Average Ledger Balance:
Less Average Daily Float:
O Average Available Balance:
© Less Reserve Requirement (10%):
© Balance to Support Services:
Current Period Earnings Credit:
® Current Period Analyzed Charges:
OAna lyzed Charges Due After Credit:
Service Charge Detail:
40) Last Twelve Month History:
The sum of the Daily Ending Ledger Balances divided by the number of days in the analysis period
The sum of the daily dollar amount of items in the process of collection divided by the number of days in the analysis period.
It represents that part of the Average Ledger Balance that was unavailable to the bank for investment purposes and
consequently not available to the customer for calculation of earnings credit.
Calculated as Average Ledger Balance minus Average Float.
Banks are required, by law, to reserve 10% of non -interest bearing deposits. Earnings credits are not paid on this 10%.
Balances on which the earnings credit is applied calculated as the Average Adjusted Available Balance minus DDA balance reserve requirement.
This is the analysis earnings credit for the current period that is available to offset analyzed charges.
This is the sum total of all detail, line -item analyzed charges for the period.
Calculated as the Current Period Analyzed Charges minus the Current Period Earnings Credit
This section lists all of the services consumed during the period including volume (if applicable), unit price (if applicable), charge, waivers and balance required to offset charge. This section groups services by service family and provides a subtotal for each service family.
This section lists up to twelve months of balances, earnings credits applicable, analyzed charges, and total charge for the month.
City of Placentia
Banking Services Proposal
September 2022
CM CITIZENS
- BUSINESS BANK
A Financial Services Company
Pro Forma
Pro Forma: Provide a proforma account analysis statement using volumes provided on the Banking Service Pricing Form.
Proforma Account Analysis Statement Enclosed.
40
CITIZENS
BUSINESS BANS
City of Placentia
Statement Date: 06/30/22
Account: SM0010465268657
Contact: ServiceLine
Phone: 1-888-228-2265
ACCOUNT ANALYSIS STATEMENT
FOR THE PERIOD 06/01/22 THROUGH 06/30/22
Average Ledger Balance
Less Average Daily Float
Average Available Balance
Less Reserve Requirement ( 10.0000 %)
Balance To Support Services
12,631,092.86
60,199.42
12,570,893.44
1,257,089.34
11,313,804.10
--- ACCOUNT SUMMARY FOR THE PERIOD
Current Period Earnings Credit ( 0.5500 °/0)
Current Period Analyzed Charges
Analyzed Charges Due after Credit
TOTAL FEES NOW DUE -->
CR /CHARGES BALANCE
5,114.46 11, 313, 804.10
2,746.58 6,750,853.17
0.00 0.00
SERVICES RENDERED IN PERIOD VOLUME
* Account Services
Checking -Monthly Maintenance
Electronic Credit
Electronic Debit
Checks Paid
Deposit (Credit)
Deposit Acct Control Agrmnt.-Mainten
Items Deposited (Transit)
Statement -Multiple Mailed
Returned Deposited Item-Redeposit
* Subtotal Account Services
UNIT SERVICE
PRICE CHARGE
BALANCE
7 17.000 119.00 292,492
86 .050 4.30 10,569
35 .050 1.75 4,301
386 .050 19.30 47!438
17 1.500 25.50 62,677
1 150.000 150.00 368,687
796 .050 39.80 97,825
7 10.000 70.00 172,054
.... ............ ....
2 1.500 3.00 7,374
432.65 1,063,416
* Other Charges
Member FDIC, Equal Housing Lender
Corporate Headquarters, 701 N. Haven Ave., Ontario, CA 91764, Toil Free (888) 222-5432
CITIZENS
BUSINESS BANS
UNIT SERVICE
SERVICES RENDERED IN PERIOD VOLUME PRICE CHARGE BALANCE Deposit Protection Insurance 126,311 .012 1,515.73 3,725,532 * Subtotal Other Charges
1,515.73 3,725,532
* Remote Deposit Capture Services
RDC Maintenance
1 50.000 50.00 122,896
RDC Multi -Feed Scanner 1 50.000
50.00 122,896
RDC Deposit
* Subtotal Remote Dep. Cap. Services
35 1.500 52.50 129,040
152.50 374,832
* Online Banking Services
OLB Maintenance -Complete Plan 1 100.000 100.00 245,791 ACH Module -Maintenance Complete Plan 1 50.000 50.00 122,896 ACH Module -Online Orig ACH Item 822 .050 41.10 101,020 * Subtotal Online Banking Services 191.10 469,707
* Recon & PosPay Services
PosPay ACH-Maintenance
PosPay Check -Maintenance
Per Item
2 25.000 50.00 122,896
5 50.000 250.00 614,478
426 .080 34.08 83,766
PosPay Check -Exception Item 1 2.000
Payee Match -Maintenance
Payee Match -Per Item
* Subtotal Recon & PosPay Services
2.00 4,916
5 10.000 50.00 122,896
426 .020 8.52 20,941
394.60 969,892
* ZBA Services
ZBA-Master Account Maintenance
2 25.000 50.00 122,896
1 10.000 10.00 24,579
ZBA-Subsidiary Account Maintenance
* Subtotal ZBA Services
60.00 147,475
Total Activity Charges
Total Charges Listed Before Credit....
Analyzed Charge Subtotal
Special Reduced Pricing (*)
$2,457.91 in average daily collected balance will offset $1.00 of charges. This factor includes a provision for
reserves.
2,746.58 6,750,853
2,746.58 6,750,853
2,746.58 6,750,853
370.43
Member FDIC, Equal Housing Lender
Corporate Headquarters, 701 N. Haven Ave., Ontario, CA 91764, Toll Free (888) 222-5432
CITIZENS
BUSINESS BANS
* LAST TWELVE MONTH HISTORY *
Date
MM/YY
06/22
YTD
Lst12
Average
Ledger
Balance
12,631,093
12,631,093
12,631,093
Balance
Supporting
Services
11,313,804
11,313,804
11,313,804
Service
Balance
Required
6,750,853
6,750,853
6,750,853
Excess/
Deficit Earnings
Balance Allowance
5,238,036
5,238,036
5,238,036
5,114
5,114
5,114
Analyzed Analyzed
Charges Fees Due
2,747 0
2,747 0
2,747 0
Member FDIC, Equal Housing Lender
Corporate Headquarters, 701 N. Haven Ave., Ontario, CA 91764, Toll Free (888) 222-5432
City of Placentia
Banking Services Proposal
September 2022
1111 CM
CITIZENS
BUSINESS BANK
A Financial Services Company
CRA Exhibit
CRA Exhibit: Provide the latest Community Reinvestment Act Rating.
Citizens Business Bank's Lending Test is High Satisfactory, Investment Test is High Satisfactory and Service Test is Outstanding. The overall current Community Reinvestment Act (CRA) Rating is Satisfactory.
41 City of Placentia
Banking Services Proposal
September 2022
CIII, CITIZENS
- BUSINESS BANK
A Financial Services Company
Records Retention
Records Retention: Describe how long the City's records will be retained and how records will be delivered to the City upon request (media type used). Describe any policy you have on notifying clients before deleting any records.
You are able to obtain through Citizens Online Banking a rolling two years of images for checks, deposit slips and deposited items images and you can obtain additional images after this period by requesting this information from the bank for a total of seven (7) years or such other period as may be allowed by law.
42 Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DATE: NOVEMBER 15, 2022
SUBJECT: APPROVAL OF CONTRACT FOR THE PURCHASE, FABRICATION AND
INSTALLATION OF SHOOTING RANGE EQUIPMENT FOR THE PLACENTIA PUBLIC SAFETY CENTER PROJECT NO. 5213
FISCAL
IMPACT: EXPENSE: $ 709,350
PROPOSED BUDGET: $6,250,000 FY 2022-23 CIP BUDGET
SUMMARY:
A contract for the design, manufacturing and installation of shooting range equipment for the Placentia Public Safety Center is presented to the City Council for its consideration to allow work to begin on this critical element of this new facility. The procurement of the range equipment has been facilitated through the use of the piggybacking provision in the City's existing purchasing policy that allows the City to purchase goods and services through leveraged procurement agreements that have previously been competitively bid by other government agencies. Given the long lead time to fabricate the range equipment this element of the project needs to be advanced to keep the delivery of the facility on schedule. The shooting range requires additional engineering and plan checks before it can go into final production and the City can save money and time by utilizing leveraged procurement agreements to advance this portion of the project. In addition, a CIP budget amendment is presented to the City Council for its consideration to allocate reserve funds and existing CIP funds totaling $6,250,000 towards the cost of this project. The balance of the project budget will come from City -issued lease revenue bonds.
RECOMMENDATION:
It is recommended that City Council take the following actions:
1. Approve a contract with Action Target, Inc., pursuant to Federal General Services Administration Authorized Federal Supply Schedule contract GS -07F -0482Y in the amount of $709,350 to design, fabricate, and install shooting range equipment for the Placentia Public Safety Center; and
2. Approve CIP Budget Resolution R-2022-77 allocating a total of $6,250,000 from reserves and existing CIP project funds to the existing project account; and
1..j.
Nov 15, 2022
City Council Agenda
November 15, 2022
3. Authorize the City Administrator to approve contract change orders up to 10% of the total not -to -exceed contract amount or $70,935; and
4. Authorize the City Administrator to execute the above -mentioned contract, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
This item conforms to Strategic Plan Goal 5, Implement Public Infrastructure to Meet Community Needs, and Objective 5.4, Construct the Placentia Public Safety Center.
DISCUSSION:
On March 1, 2022, the City Council selected a preferred project alternative for the Placentia Public Safety Center and directed Staff to finalize the construction drawings and bid documents to construct this facility. The new 18,000+ square foot facility will primarily house the Police Department's evidence and property storage operations and shooting range as well as a new emergency communications center and emergency operations and training center. The City currently leases a light industrial/commercial building for property and evidence storage.
The facility will consist of a manufactured steel Butler Building that will be used for property and evidence storage and the main building that includes the shooting range which will be constructed with CMU block. Since the City's lease for its existing property and evidence building is set to expire in December 2023, the project will need to be phased to allow the construction of the Butler Building to proceed first so that it can be completed prior to the expiration of the City's current lease. In addition, long lead times for the shooting range equipment and manufacture of the Butler Building requires the City to advance those efforts sooner rather than later to keep the project delivery on schedule. In addition, both project elements will have their own separate construction documents that will require additional engineering and plan check review. Phase 1 construction will entail demolition, grading, subsurface utility work, and the footings and slab for the Butler Building. A separate construction contract for Phase I will be presented to the City Council for its consideration and approval in December. Phase II construction will entail the construction of the main building under a separate construction contract. This project delivery methodology will allow the City to construct and occupy the newly constructed evidence and property storage building before the City's current lease expires. Construction of the main building will continue into early 2024 and Staff anticipates beginning operations in that portion of the facility late in the first quarter of 2024.
The proposed contract with Action Target, Inc., is for the fabrication and installation of the shooting range equipment. This is specialized equipment with long lead times as well and will require additional engineered construction documents to be incorporated into the main building's design.
In addition, the equipment can be purchased from a competitively bid leveraged procurement agreement through the Federal General Administration (GSA) Department. Action Target was awarded a contract through the GSA after submitting a competitive bid and their shooting range equipment can be purchased and installed using fixed unit bid pricing included in the GSA agreement. As noted previously, pursuant to the City's existing purchasing policy the City may
City Council Agenda
November 15, 2022
piggyback off existing competitively bid contracts for purchases such as this. Additionally, purchasing the equipment and installation direct from the manufacturer will also yield a project savings by avoiding the general contractor's markup. The Los Angeles and Corona Police Departments have recently purchased shooting range equipment from Action Target via their GSA contract. Staff conducted a reference check with those agencies who reported favorable reviews of Action Target and their products as well as the quality of installation and maintenance. Staff reviewed the approved GSA pricing for this range equipment against Action Target's proposal to ensure the pricing conforms to the approve pricing structure.
FISCAL IMPACT:
The total cost for this contract amounts to $709,350. One of the recommended actions in this agenda report includes approval of CIP budget Resolution R-2022-77 allocating a total of $6,250,000 in reserves and existing CIP funds towards the cost of this project. If approved, sufficient funds will exist for the recommended actions.
The City Council has approved the sale of lease revenue bonds to cover the balance of the project cost and Staff anticipates presenting the final bond documents and authorization to solicit bonds to the City Council for its review and consideration in January after construction bids for Phases I and II have been received.
Prepared by: Reviewed and approved:
Masoud Sepa
City Enginee
Luis Estevez
,
Jeri'iifer"Lampman
Director of Finance
Reviewed and approved:
Damien R. Arrula
Deputy City Administrator City Administrator
Attachments:
1. Contract with Action Target, Inc.
2. CIP Budget Amendment R-2022-77
ACTIONT.
)TARGET
Action Target Inc.
c/o Chris Hart
3411 S. Mountain Vista Pkwy
Provo, Utah 84606
Tel: (801) 377-8033
Fax: (801) 377-8096
CONTRACT
(Domestic — Full Installation)
THIS CONTRACT ("Agreement") between Action Target Inc., a Delaware corporation ("ATI") and Customer (identified on this page below) (sometimes referred to as a "Party" or together as the "Parties") is effective as of the date signed by the Parties below (the "Effective Date") and includes the Attachments.
The Customer agrees to pay the amount stated below (the "Agreement Price") in the timeframe identified in this Agreement (which includes the attachments) plus any amounts resulting from Change Events. In exchange, ATI agrees to provide the labor, materials and/or equipment, and services (the "Work") identified in this Agreement.
"Customer":
Name: City of Placentia, a California Municipal Corporation Address: 401 E. Chapman Avenue
City/State/Zip: Placentia, CA 92870
Tel: 714-993-8120
Authorized
Agent:
Fax: 714-528-4640
Luis Estevez
Email: [email protected]
Real Property Owner
("Owner"):
Name:
Address:
City/State/Zip:
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
Project Description
("Project"):
Name:
Street Address:
City/State/Zip:
Legal
Description:
Placentia Public Safety Center
2999 E. La Jolla Avenue
Anaheim, CA 92806
City Corporate Yard
Agreement Price:
$709,350.00
Attachments:
Attachment 1 — Terms and Conditions
Attachment 1A — Consent to Arbitration
Attachment 2 — Customer and Project Information
Attachment 3 — Notice to Proceed and Approval of ATI
Final Drawings
Attachment 4 — Shipping Notice
Attachment 5 — Scope of Work
Attachment 6 — ATI Preliminary Drawings
Attachment 7 — Armoring
Attachment 8 — Core Products
Attachment 9 — Consumables
AUTHORIZED:
ACCEPTED AND AGREED:
ACTION TARGET INC.
CUSTOMER: City of Placentia
Authorized Signature
Scott Wright, CFO
Authorized Signature
Damien R. Arrula, City Administrator
Printed Name and Title
Printed Name and Title
Date of Authorization
Date of Acceptance
Rev. 16 — April 20, 2020
Rev. 16 — April 20, 2020
ATTACHMENT 1
TERMS AND CONDITIONS
SECTION 1. THE PARTIES AND DEFINITIONS. "Customer Parties" means Customer and its agents, partners, managers, shareholders, affiliates, assigns, predecessors, successors, licensees, invitees, tenants, architects, engineers, contractors, suppliers, sureties, insurance carriers or anyone directly or indirectly employed by any of them. "ATI Parties" means ATI and its agents, affiliates, assigns, successors, subcontractors, suppliers, sureties, insurers or anyone directly or indirectly employed by any of them.
SECTION 2. AGREEMENT DOCUMENTS. If any of the documents in this Agreement conflict with each other, the following order of priority applies to determine what governs: first, page 1 of the Agreement; second, these Terms and Conditions (Attachment 1); and third, the rest of the Attachments in their numerical order. If Customer tells ATI to do the Work, it means Customer has agreed to be bound by this Agreement even if Customer did not sign it. At the same time Customer signs this Agreement, Customer must provide ATI with a completed copy of the Customer and Project Information form (Attachment 2).
SECTION 3. AGREEMENT PRICE AND PAYMENT. Customer must pay ATI in the time and manner discussed below ("Payment Due Date(s)"). All payments are nonrefundable. If Customer does not make any of the payments below on time, it will be a breach of this Agreement. Customer must pay only ATI and shall not directly pay ATI's subcontractors and/or suppliers, if any.
Description of
Payment
Schedule of Values Payments
Payment
Amount
"First Progress
Payment"
Customer receipt of 100% design drawings for range and HVAC $106,402.50
"Second Progress
Payment"
ATI completion of fabrication/manufacturing of materials $468,171.00
"Third Payment"
ATI completion of installation, training and final sign -off of range. $134,776.50
TOTAL
$709,350.00
Payments must be made payable to ATI by wire transfer.
If sent from within the United States of America, Customer shall direct the wire transfer to:
Bank: Zions Bank
1 South Main
Salt Lake City, Utah 84111, USA
Tel: (801) 844-5600
Zions SWIFT Code: ZFNBUS55SLC
Zions Bank Routing No.: 124-000-054
Zions Bank Account No.: 002248839
If sent from outside of the United States of America, Customer shall direct the wire transfer to:
Intermediary Bank: JP Morgan Chase ("JP Morgan")
JP Morgan SWIFT Code: CHASUS33
For further credit to:
Beneficiary Bank Name:
FEDWire ABA Routing:
Beneficiary Name:
Beneficiary Account:
Zions First National Bank
1 South Main
Salt Lake City, Utah 84111, USA
124-000-054
Action Target Inc.
002248839
Any time ATI requests, Customer must provide proof and adequate assurances that Customer has all necessary funds available to pay the entire Agreement Price and any other costs for Change Events. Customer must sign all waivers and releases it receives from ATI.
SECTION 4. ATI DRAWINGS AND PROPRIETARY/CONFIDENTIAL INFORMATION. On or before the Parties executed this Agreement, ATI provided Customer with preliminary drawings ("ATI Preliminary Drawings") that generally reflect the ATI Work. Customer has advised ATI in writing of any requested changes to the ATI Preliminary Drawings and has approved the ATI Preliminary Drawings.
Based on this approval, ATI will prepare final drawings (the "ATI Final Drawings") that generally identify the ATI Work.
When Customer receives the ATI Final Drawings, Customer must promptly review and approve them using the Notice to Proceed form included as Attachment 3. If (i) Customer requests any changes to the ATI Final Drawings, (ii) any governing authority requires changes be made to the ATI Final Drawings as a condition of approval, or (iii) ATI is required to make changes to the ATI Final Drawings, ATI will
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perform this additional work, but the Agreement Price and the time for performance will be adjusted and treated as a Change Event.
Customer agrees that ATI will not schedule the fabrication of the ATI Materials until Customer (i) approves the ATI Final Drawings by signing and returning the Notice to Proceed (without making any changes to it); and (ii) makes the Second Payment plus any additional costs associated with Change Events.
Even if Customer has provided or later provides ATI with certain plans and specifications relating to the construction of the Customer Work, which is described in Section 5 and Attachment 5, ATI will use and rely on only the ATI Preliminary Drawings and the ATI Final Drawings to perform the ATI Work. ATI created, owns, and will retain all ownership to the ATI Preliminary and Final Drawings including their copyrights, and Customer shall not use them for anything except the ATI Work.
ATI will provide Customer with certain technical data, specifications, drawings, designs or other confidential and proprietary information of ATI ("Proprietary/Confidential Information"), including without limitation the ATI Drawings. ATI remains the exclusive owner of the Proprietary/Confidential Information. Customer shall not use the Proprietary/Confidential Information except as needed to perform the Customer Work and shall not give the Proprietary/Confidential Information to any third parties (including without limitation, contractors, subcontractors, or design professionals) without ATI's written consent. Customer shall not use the Proprietary/Confidential Information to help in any way any party other than ATI to perform any portion of the ATI or Customer Work. Customer and ATI are bound by this section ever after the Agreement expires or is terminated.
SECTION 5. SCOPE OF WORK. For the Agreement Price plus any additional compensation for change orders and in accordance with the ATI Preliminary Drawings, ATI will furnish that work, material, and/or equipment identified in Attachment 5 (collectively the "Work" or the "ATI Work"). The ATI Work generally includes:
• The off -site manufacture or fabrication of the ATI Materials required by the ATI Drawings; and • If included as part of Work in Attachment 5, (i) the shipping of the ATI Materials to the Project site, and (ii) the assembly and installation of the ATI Materials.
ATI Work does not include (i) the cost to obtain the permits and fees necessary to perform the Work (instead, Customer must provide such permits and pay any necessary fees), (ii) providing payment and performance bonds, or (iii) any work, materials, and/or equipment not expressly identified in Attachments 5 and 6, including any Customer Work. If the Project is a retro-fit, a remodel, or improvements to an existing shooting range, Customer shall take all necessary precautions to ensure that potential fire hazards (including the presence of airborne lead, residual gun powder, etc.), mold, asbestos, fungi, etc., and any other condition that may render the Project site unfit or unsafe for the ATI Work (collectively, "Preexisting Project Conditions") are fully and completely addressed, remediated and/or resolved to the satisfaction of ATI as part of the Customer Work.
Customer may incur or be required to pay to ATI additional costs as the result of any unknown Project site conditions. Further, ATI shall not be responsible for violations of applicable laws, statutes, regulations, rules, ordinances, and building codes when such violations result from construction in accordance with the requirements of the ATI Drawings.
Splatter Guard. The risk of secondary splatter exists if a shooter hits a track, target stands, ceiling or wall baffles, or other non -impact surfaces. Customer has been informed and understands that a splatter guard can reduce the risk of this secondary splatter, and Customer has been given the option to add a splatter guard to the Project.
Customer Work. Customer shall provide the Customer Work, including providing internet access to the range, at Customer's sole expense. All Customer Work must be performed in accordance with all applicable federal, state, and local laws, regulations, and building codes, and the ATI Drawings, to the extent applicable. If Customer fails to adhere strictly to the Customer Work, applicable federal, state and local laws, regulations and building codes, and/or to the ATI Drawings, ATI may at its option (i) void the Repair Warranty to be provided by ATI; (ii) be excused from performing any installation or testing of the ATI Work until such time as the defective, non- conforming, or non -compliant Customer Work has been corrected; (iii) declare the failure a Change Event; and/or (iv) complete the work at Customer's expense.
SECTION 6. COMMENCEMENT AND PERFORMANCE OF THE WORK.
Fabrication or Manufacture of the ATI Materials. ATI will not begin to fabricate or manufacture the ATI Materials and/or equipment ("Manufacturing") required by the ATI Drawings until each of the following has occurred: (i) Customer notifies ATI of the date Customer expects to complete the Customer Work; (ii) Customer has fully paid the Initial Payment and the Second Payment, plus any additional costs associated with Change Events; (iii) Customer has approved the ATI Final Drawings by executing and returning the Notice to Proceed (in the form set forth in Attachment 3); and (iv) Customer provides satisfactory evidence to ATI that Customer has obtained any and all permits, licenses, inspections, and/or governmental approvals necessary to allow the ATI Work to be performed. Manufacturing of the ATI Materials is estimated to be complete approximately twelve (12) weeks after ATI's receipt of the Notice to Proceed, along with the Second Payment.
Shipping of the ATI Materials. ATI will not schedule shipping and/or delivery of the ATI Materials to the Project site ("Shipping") until each of the following has occurred: (i) Customer has returned the "Shipping Notice" in the form set forth in Attachment 4; and (ii) Customer has paid the Third Payment, plus any additional costs associated with Change Events. If Customer request that ATI delay shipping of the ATI Materials, Customer shall pay ATI a weekly storage fee (as a Change Event) of One Hundred and No/100 Dollars for every Fifty
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Thousand and No/100 Dollars ($50,000.00) of Agreement Price. For example, if the Agreement Price is two hundred thousand dollars ($200,000), Customer shall pay ATI a storage fee of four hundred dollars ($400) per week (i.e., $200,000 = $50,000 x $100 = $400 per week) that Customer requests ATI to delay shipping. If Customer delays the shipping for more than 8 weeks, Customer shall be in Default and ATI shall be entitled to the Default Remedies set forth in Section 10 below. All storage fees must be paid in full before shipping of the ATI Materials.
Restocking of ATI Materials. Customer must pay a restocking fee of 10% of the product price if the parts have been packed but not shipped. Customer must pay a restocking fee of 20% of the product price if the parts have been shipped but not used or installed.
Installation at Project site. If installation of the ATI Materials is included as part of ATI's Work, ATI will begin installation within 10 business days of the latter of the following to occur: (i) the date Customer has fully and materially completed the physical construction of all Customer Work such that the Project site is fully prepared, available, and equipped so that ATI can timely and continuously complete the ATI Work; and (ii) the date the ATI Materials are delivered to the Project site. Irrespective of the hours that ATI may perform its Work, Customer shall make the Project available for the ATI Work, Monday through Sunday (holidays included), for no less than ten (10) hours per day.
Customer agrees that its assistance and cooperation is essential to ATI's successful and timely completion of the ATI Work. Customer and its agents shall be available upon one (1) business days' notice to answer and give approval of any issues or questions that may arise during ATI's performance of the Work. Should Customer be unavailable to provide such assistance and cooperation, ATI shall be entitled to a Change Event.
Delays. If the Customer delays or requests a delay in shipping or installation of the materials by sixty (60) days or more, ATI may increase the Agreement Price by a reasonable amount to conform with ATI's increases costs, materials, or labor.
Force Majeure. Neither party shall be liable for any costs or damages due to delay or nonperformance under this Agreement arising out of any cause or event beyond such party's control, including, without limitation, acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes; acts of God; earthquakes; fires; floods; loss or malfunctions of utilities, communications, or computer (software and hardware) services; inability to obtain labor, materials, or transportation; epidemics; pandemics; quarantines; governmental actions; or federal or local orders or recommendations against travelling or gathering; it being understood that each party shall use reasonable efforts that are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.
SECTION 7. SUBSTANTIAL COMPLETION AND REPAIR WARRANTY. The term "Substantial Completion" means that point in time when the ATI Work is sufficiently complete so that Customer can use all or a portion of the ATI Work for its intended purpose, or when Customer opens or begins using its range, whichever is sooner. Within ten (10) calendar days after Substantial Completion, Customer shall (i) carefully inspect the ATI Work, and (ii) if Customer believes that the ATI Work does not meet the Agreement requirements, Customer shall give ATI written notice of the claimed non-conformance or defect. Customer's failure to give timely written notice of any non-conformance or defect shall be considered as evidence that the ATI Work is acceptable to Customer as performed and installed.
The performance of ATI's Work will be in compliance with industry standards and the International Building Codes as they may apply to ATI's specific craft or trade and will be evaluated by any Customer Parties or others and any trier of fact pursuant to a "reasonable" or "objective" standard. ATI shall guarantee and warrant the ATI Work for a period of three (3) years from the date of Substantial Completion for Core Products identified in Attachment 8 and one (1) year for other products ("Repair Warranty Period"). ATI shall repair or replace (at ATI's election and at its cost), any Work that fails to materially comply with the ATI Drawings and which proves to be defective or non- conforming in materials or workmanship (the "Repair Warranty"), provided: (i) Customer has fully paid ATI for the Work, (ii) Customer is not otherwise in Default of this Agreement, and (iii) Customer gives written notice ("Repair Notice") to ATI within the Repair Warranty Period, as set forth below.
Should Customer believe that any part or portion of the ATI Work is defective and/or non -conforming and subject to the Repair Warranty provided herein, Customer shall: (i) give a Repair Notice (defined above) identifying the specific part or portion of the Work that is allegedly defective and/or non -conforming, and (ii) if the allegedly defective or non -conforming portion of the Work can be returned to ATI, obtain a Return Authorization from ATI before returning the same. Should the Work subject to the Repair Notice, a) be returned to ATI without a Return Authorization, b) be received by ATI after the Warranty Period, c) be found to not be defective or found by ATI to conform to the ATI Drawings, or d) appear to be damaged or rendered inoperative due to any of the Exclusions set forth below, ATI shall, at Customer's expense, return the part to Customer, with no repair or replacement having been made. Should Customer elect to have ATI replace the damaged part (at Customer's expense), ATI shall attempt to make such replacement parts available, at ATI's then current retail price.
ATI shall have no obligation to repair or replace consumables, including but not limited to those identified in Attachment 9, or the ATI Work (pursuant to the Repair Warranty) if, in ATI's opinion, such Work was (collectively, "Exclusions"):
• improperly used by Customer or others (i.e., exceeded the operational and/or functional scope for which it was intended, including use of unsupported bullets);
• improperly maintained by Customer (regular maintenance items to be performed by Customer include, but are not limited to the following, light bulbs, circuit breakers, batteries, filters, oil, grease, consumable items including but not limited to those identified
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herein or accepted as consumables in the industry, etc.) or complete maintenance records not kept in accordance with ATI instructions;
• modified or altered by Customer or others during and/or after implementation of Work (including the removal of ATI's logo(s), badging and/or other branding from the ATI materials);
• serviced incorrectly by any third party;
• damaged or rendered inoperative as a result of:
o acts or omissions of Customer or others, including, but not limited to:
• failure to implement recommended protection and/or armoring measures; • failure to comply with the manufacturer's printed instructions; • abuse;
• rodents or pests;
o acts of nature, including, but not limited to, lightning, flood, fire, earthquake, etc.; o primary or secondary bullet strikes to or from non -impact surfaces (e.g., ceiling or wall baffles, moving target tracks, target trolleys, target stands, target holders, etc.);
o inadequate, incorrect, or unstable electricity supply; o exposure to environmental conditions that exceed the scope of the product's design; o corrosion, moisture contamination, abrasion, or normal wear and tear; o power surge;
• not operated in compliance with all applicable building, mechanical, plumbing, or electrical codes; • supplied and/or installed incorrectly by any third party; • damaged, in whole or in part, due to Customer's failure to give ATI timely notice of the alleged defect or non -conforming portion of the Work; or
• covered under a non-ATI manufacturer's warranty.
ATI'S REPAIR WARRANTY DOES NOT INCLUDE ANY OTHER WARRANTIES, AND CUSTOMER HEREBY WAIVES, RELEASES
AND DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY IS NOT ASSIGNABLE OR TRANSFERABLE BY CUSTOMER, BY OPERATION OF LAW, OR OTHERWISE. ANY ASSIGNMENT OR TRANSFER OF THE REPAIR WARRANTY SHALL VOID THE REPAIR WARRANTY. THIS REPAIR WARRANTY CAN ONLY BE MODIFIED BY WRITTEN AGREEMENT BETWEEN THE PARTIES.
SECTION 8. OWNERSHIP OF THE WORK, SECURITY INTEREST AND RISK OF LOSS. Title to the Work shall be and remain in ATI until the Agreement Price plus any additional costs associated with Change Events has been fully paid, at which time title to the Work shall pass to Customer. Additionally, ATI shall retain ownership of any excess materials and/or equipment not incorporated into the Project, even if such excess materials and/or equipment were delivered to the Project. Unless specifically included as "spare parts" or "extra materials" on Attachment 5, no such spare parts or extra materials are included as part of the Work.
ATI shall have (i) a secured interest in the Work and permission to perfect such secured interest in any way allowed by applicable law, and (ii) a limited power of attorney to execute standard forms as necessary to perfect, assign, amend, continue, and terminate ATI's security interest. The ATI Work shall be deemed to be a fixture to the property, free of any claim or right of Customer, of the person on whose real property the Work is performed or installed, and/or the creditors of either.
Notwithstanding anything herein to the contrary, Customer shall be fully responsible and liable for the risk of loss, cost and expense and any damage to the ATI Materials from the earlier of the date (i) the ATI Materials are delivered to the Project site, or (ii) ATI releases the ATI Materials to Customer or its agent for pick-up or shipping. Upon receipt of the ATI Materials, (i) Customer shall inspect the ATI Materials and immediately notify ATI of any damage or shortage, (ii) store and safeguard the ATI Materials until such time as ATI arrives at the Project site, and (iii) photograph the ATI Materials and return such photographs to ATI to confirm that the shipment matches all applicable Bills of Lading (only if shipping is provided by ATI as part of the Work). Customer shall be liable and financially responsible for any damage to the ATI Materials a) that occurs during shipping (if such shipping is provided by ATI as part of the Work), if not immediately communicated to ATI upon receipt of the ATI Materials, and/or b) which occurred after Customer's receipt of the ATI Materials (including theft).
SECTION 9. CHANGE EVENTS. Should any of the following events occur (collectively referred to as "Change Events"), the Work Schedule shall be extended by two (2) work days for each work day lost, and if ATI will incur additional costs as a result of a Change Event, the Agreement Price shall be increased by no less than the on -site and off -site cost of the additional work, materials and/or equipment that ATI may provide as a result of such Change Event (including insurance, bond costs and taxes, if applicable), plus twenty percent (20%)(ten percent (10%) for overhead and ten percent (10%) for profit), or lump sum, at ATI's election: (i) Customer fails to perform the obligations and responsibilities required of Customer in the Agreement; (ii) if Customer objects to any consultant, subcontractor, or supplier selected by ATI, Customer shall pay the reasonable increases and costs ATI may incur in obtaining a replacement consultant, subcontractor, or supplier; (iii) Customer Parties or others (including any governing body) make alterations or changes to the ATI Final Drawings, the Customer Work or to the Work Schedule, or ATI's Work is changed, modified or altered by the Customer Parties or others in any way; (iv) ATI is required to provide additional work and/or materials, beyond those reflected in the ATI Preliminary Drawings; (v) ATI's Work is suspended, delayed, interfered with, disrupted and/or accelerated —including remobilization or other travel expenses —by the acts, omissions or requests of any of the Customer Parties or others; (vi) the Customer Work is not timely
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completed; or (vii) for any other reason beyond ATI's control. Change Events do not include events which are caused by the material uncured default of ATI. If prevailing wages are required for this Agreement, ATI shall be entitled to a Change Event to increase installation prices if prevailing wage rates increase between the Date of Acceptance and the date of installation of the ATI Work.
SECTION 10. DEFAULT REMEDIES. Customer shall have defaulted ("Default") if (i) Customer fails to perform any obligation or duty required of it by this Agreement; (ii) bankruptcy, receivership, or other insolvency proceedings are commenced by or against Customer; (iii) Project site conditions prove to be unsafe; (iv) any Customer Party pursues a Hazardous Environmental Conditions Claim or Armoring Claim; (v) Customer or others remove ATI's logo(s), badging and/or other branding from the ATI Materials; or (vi) Customer suspends or terminates all or a portion of the Work, or abandons all or a portion of the Project, for any reason other than a material uncured default by ATI.
In the event of Customer's Default, ATI may without notice and without waiving any other remedies (collectively, "Default Remedies") resort to judicial process and, without liability for trespass, repossess all or any part of the Work or any component(s) of the same and to disconnect or otherwise render it ineffective.' If ATI exercises any right pursuant to this Section, the ATI Parties shall not be liable for any delays and/or damages that Customer may suffer as a result of ATI's exercise of the rights set forth in this Section. ATI's waiver or indulgence of any Default, including without limitation acceptance of late payments, shall not operate as a waiver of any subsequent Default.
Upon Default, Customer shall be indebted to ATI and shall pay to ATI an amount equal to the sum of the following, (i) any unpaid past - due Payments, plus any additional costs associated with Change Events (discussed more fully in Section 9 above), (ii) an amount equal to fifty percent (50%) of the balance of the Work that has yet to be furnished by ATI, (iii) a finance charge of one and one-half percent (1.5%) per month on all unpaid amounts from the date originally due, and (iv) actual attorney fees, court costs and expenses incurred by ATI in connection with the collection of all amounts owed to ATI.
ATI shall have no liability to Customer for delay or damage caused to Customer as a result of Customer's Default, including Customer's suspension or termination of all or a portion of the Work or the termination or abandonment of all or a portion of the Project. ATI shall have no liability to Customer for lost profits resulting from delays.
SECTION 11. HAZARDOUS ENVIRONMENTAL CONDITIONS. ATI has advised Customer that (i) a hazard of indoor shooting is a potentially high level of airborne lead and other pollutants and contaminants, including carbon monoxide and smoke (collectively, "Hazardous Environmental Conditions"), (ii) the primary purpose of an indoor ventilation system, bullet recovery system and/or other environmental systems (collectively, "Ventilation System") is to remove or reduce such Hazardous Environmental Conditions created during the firing of weapons from the respiratory zones of those occupying the range, (iii) Customer should strongly consider the use of a Ventilation System (which ATI offers for sale) along with its indoor shooting range, and (iv) if a Ventilation System is not installed, the Hazardous Environmental Conditions can cause serious bodily injury to those occupying the range, as well as property damage. Customer understands and agrees that ATI shall not be responsible for any Hazardous Environmental Conditions at the Project site, including those caused by, attributable to or arising out of the acts, omissions or failure of Customer, including, but not limited to, Customer's failure to a) install a Ventilation System, and b) to follow ATI's recommended maintenance procedures and schedule.
SECTION 12. ARMORING MEASURES. To the extent included as part of the ATI Work, certain areas may be designated ballistic or armored for "point blank" type impacts ("Armoring"). If provided, this Armoring may include:
• A "Staging Area," that is non -ballistic rated (unless otherwise specified in Attachment 5). The Staging Area is not intended nor designed to be a Firing Line Area or a Tactical Training Area (defined below), and weapons should never be discharged from such Staging Area(s).
If included as part of the ATI Work (identified in Attachment 5):
o a "Firing Line Area," consisting of those ballistic panels identified in Attachment 5, with Armoring as specified in Attachment 7. The Firing Line Area is a fixed location from which weapons are to be discharged; and/or o a "Tactical Area," consisting of those ballistic panels identified in Attachment 5, with Armoring as specified in Attachment
7. A Tactical Area is designed to allow weapons to be discharged at various locations, both down -range and cross - range (under supervision by a range safety officer and/or range master).
To the extent the ATI Work includes such Armoring, Customer acknowledges and agrees that:
• The existence of Armoring cannot and does not fully eliminate the risks and/or hazards inherent in indoor and outdoor shooting ranges.
• In the event Armoring is struck by a bullet of any caliber ("Bullet Strike"), Customer shall immediately cease the use of the Firing Line Area and/or Tactical Area where such Bullet Strike occurred, and replace the Armoring; and • ATI shall not be responsible for any hazards at the Project site, including, but not limited to, those caused by, attributable to or arising out of the presence of Armoring and/or the acts, omissions or failures of any Customer Party (or others) to observe proper Repossession of all or any portion of the Work by ATI shall not be construed to be an acceptance of Customer's surrender of such Work, nor require ATI to patch, paint, touch-up, etc., the affected areas of the Project. Neither termination of this Agreement nor repossession of all or any part or portion of the Work shall deprive ATI of its remedies for Default as set forth herein. ATI's exercise of its right of repossession shall be a remedy in addition to and not as an alternative to ATI's right to recover from Customer all damages suffered by reason of Customer's Default.
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safety procedures, including, among others (i) Customer's failure to terminate the use of any area in the event of a Bullet Strike to Armoring, or (ii) if a range is used for purposes beyond its intended use (e.g., the use of weapons or ammunition in a given area that exceed the max velocity and/or max energy as specified in Attachment 7), or (iii) the modification or alteration of the Armoring in any manner whatsoever.
Special Precautions Using .50 BMG. ATI's Total Containment Trap (TCT) carries an ATI Class 2 ballistic rating and is certified to contain rifle ammunition at a speed of 3,388 feet/second with a maximum energy of 3,600 foot-pounds. Due to the high energy of .50 BMG ammunition (approximately 11,070 foot-pounds), ATI has determined that only a LIMITED quantity of .50 BMG ammunition may be used with the TCT. If .50 BMG rounds are fired onto a concentrated area, damage to the TCT may occur after as few as 50 rounds.
Using .50BMG can (1) cause damage to or significant lifetime reduction of the deceleration chamber's mouths (top and bottom), (2) break the welds on the deceleration chamber's mouths and/or ribs, (3) significantly reduce the lifetime of the deceleration chamber's rear shell, (4) loosen the cams due to impact shock forces, and (5) damage or significantly reduce the lifetime of the side impact plates. Additionally,
IN CONCENTRATED AREAS OF FIRED ROUNDS, FAILURE OF THE REAR SHELL MAY OCCUR, RESULTING IN ROUNDS ESCAPING THE DECELERATION CHAMBER. Because of this, Customer agrees to take the following precautions:
• Vary the placement of .50 BMG rounds so that they are not fired onto a concentrated area of the TCT. • Try to ensure .50 BMG rounds make contact with the lower impact plates of the TCT. This will allow for maximum deceleration of the rounds with minimal damage to the impact surfaces. • Designate specific lanes for use with .50 BMG ammunition.
Restrictions Relating to .50 BMG
• DO NOT shoot .50 BMG rounds into the TCT from a fixed position. This includes any firing apparatus or position that will place multiple rounds in a very small area.
• DO NOT shoot .50 BMG rounds in automatic fire or short burst rounds. • DO NOT shoot .50 BMG rounds that have a steel or solid brass core into the TCT (use of any solid core or "armor piercing" rounds will void the TCT warranty).
Inspection Requirements Relating to .50 BMG
For .50 BMG lanes, inspect key TCT components DAILY, including:
o Baffle plates: Inspect baffle plates for breaches, bulging and wear. o Impact plates: Inspect impact plates for breaches, bulging and wear. o Chamber mouths: Inspect chamber mouths for breaches and wear. Check that the mouth opening is between 1" and 1-3/8"
o Rear shells: Inspect rear shells plates for bulging, "dimpling" and breaches. o Cams: Ensure cams are tight and cam locations marks are in line. • If any damage is found during inspection, DO NOT shoot .50 BMG rounds in that lane. • Replacement parts can be purchased from Action Target.
SECTION 13. RUBBER BERM TRAPS. To the extent included as part of the ATI Work, certain rubber berm traps ("Rubber Berm Traps") may be designated as "treated" or "non -treated" with fire -retardant. ATI's treated Rubber Berm Trap carries an ASTM E-108 Class A fire rating when properly treated and maintained. To the extent that such Rubber Berm Traps are provided, Customer acknowledges and agrees that:
• ATI has advised Customer that (i) a hazard of indoor and/or outdoor shooting is a potentially high risk of fire, (ii) the primary purpose of treating Rubber Berm Traps with fire -retardant is to reduce the risk of fire created during the firing of weapons, (iii) Customer should strongly consider the use of Class A fire rated and treated Rubber Berm Traps (which ATI offers for sale) as a component of its shooting range, and (iv) if treated Rubber Berm Traps are not installed, the risk of fire may be increased, which may cause serious bodily injury to those occupying the range, as well as property damage. Customer understands and agrees that ATI shall not be responsible for any fire at the Project site, including those caused by, attributable to or arising out of the acts, omissions or failure of Customer, including, but not limited to, Customer's failure to a) install a Class A fire rated and treated Rubber Berm Trap, and/or b) to follow ATI's recommended maintenance procedures and schedule; and • The treatment of Rubber Berm Traps with fire -retardant (including ATI's Class A rated fire retardant) does not fully eliminate the risks and/or hazards inherent in indoor and outdoor shooting ranges, including the risk of fire.
SECTION 14. CUSTOMER'S INSURANCE, INDEMNITY OBLIGATIONS, AND WAIVER OF CERTAIN CLAIMS.
Customer Insurance. At Customer's sole cost and expense, Customer (or the Owner, as the case may be) shall obtain and maintain insurance for the Project, with policy limits of no less than the cost to construct the overall Project, not just that attributable to the ATI Work. If the Project is new construction, Customer shall obtain and maintain builder's risk or course of construction insurance, which
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policy shall (i) name ATI as an additional named insured, (ii) be written by insurance carriers with an A.M. Best's Rating of A- or better and on forms acceptable to ATI, (iii) be primary and contain a provision that any other insurance carried by or otherwise available to ATI shall be excess and non-contributory, (iv) be in full force and effect for the entire duration of the Project and for the full period of the applicable statutes of limitation and repose, (v) provide coverage for materials and equipment stored on site, and (vi) include an endorsement providing that the insurance carrier waives its rights of subrogation against the ATI Parties. If the Project is not new construction, Customer shall obtain and/or maintain general liability and/or premises liability insurance in an amount and with coverages and in a form acceptable to ATI.
Certificates and endorsements of insurance (and copies of policies, if requested by ATI) shall be furnished to ATI concurrently with the execution of this Agreement. Evidence of renewal of Customer's insurance policy/policies shall be delivered to ATI within five (5) days of receipt of evidence of renewal of such policy. Customer hereby waives any and all rights of recovery which it may now or subsequently possess against the ATI Parties in connection with any losses covered by the insurance provided under this Agreement. Customer shall be responsible for the payment of all deductibles and/or self -insured retentions to be paid under or with respect to such insurance.
Customer Indemnity. To the fullest extent permitted by law, Customer, on behalf of itself and the Customer Parties, shall indemnify, defend and hold the ATI Parties harmless, of, from and against any and all claims, damages, losses, demands, lawsuits, judgments and costs of suit or defense, including attorney fees (collectively "Claims"), whether for personal injury, property damage, direct or consequential damage, relating to Hazardous Environmental Conditions, Preexisting Project Conditions, Armoring, Rubber Berm Traps, or economic loss directly or indirectly arising out of, or alleged to have arisen from, caused by, or resulting from (in whole or in part) (1) the Customer Work or any part thereof; (2) any act or omission of the Customer Party or anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable; or (3) the failure to adhere to the above information, guidelines, or restrictions relating to .50 BMG ammunition.
Any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification, defense, and hold harmless obligations under this paragraph are made a part of the Agreement and shall operate to amend the indemnification obligation to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnity, defense, and hold harmless obligations shall continue in full force and effect. Customer's obligation to defend pursuant to this Section shall be with attorneys approved by the ATI Parties. The ATI Parties that are not parties to this Agreement are third -party beneficiaries of the indemnification provision of this paragraph. Notwithstanding anything in the Agreement Documents to the contrary, the indemnification obligations of the Customer survive any expiration or termination of the Agreement Documents.
Waiver of Certain Claims. Customer, on behalf of itself and each of the Customer Parties, does hereby waive, release, and forever discharge ATI and each of the ATI Parties, of, from, and against any and all claims, actions, causes of action, demands, rights, agreements, promises, warranties, guarantees, liabilities, losses, damages, costs and expenses, of every nature and character, description and amount, known or unknown, without limitation or exception, whether based on theories of contract, breach of contract, breach of the covenant of good faith and fair dealing, tort, violation of statute or ordinance, or any other theory of liability or declaration of rights whatsoever, which Customer and each of the Customer Parties may now have or may hereinafter acquire against ATI or any of the ATI Parties, arising from or in any way related to (i) Hazardous Environmental Conditions ("Hazardous Environmental Conditions Claim"); (ii) Preexisting Project Conditions ("Preexisting Project Conditions Claim"); (iii) Armoring ("Armoring Claim"); (iv) the installation of Rubber Berm Traps, whether treated with fire -retardant or not ("Rubber Berm Trap Claims"); and (v) the failure to adhere to the above information, guidelines, or restrictions relating to .50 BMG ammunition. ATI shall not be exempt from failures in design.
SECTION 15. ATI'S INSURANCE AND INDEMNITY OBLIGATIONS.
ATI Insurance. ATI shall obtain and maintain in full force and effect for the entire duration of the ATI Work, the following insurance coverages and policy limits, (i) Commercial General Liability with a per occurrence limit of not less than $1 Million and a general aggregate limit of not less than $2 Million (the per occurrence and general aggregate limits may be achieved by an umbrella or excess liability policies), and (ii) workers compensation in the statutory minimum. If requested by Customer, ATI will provide an additional insured endorsement and wavier of subrogation for Customer, and no other person or entity, on a form offered by ATI's insurance carrier. Upon renewal of the foregoing policies of insurance and within five (5) days of Customer's request, ATI shall furnish to Customer certificates or endorsements of insurance showing that a new policy is in effect and that all premiums due have been paid current. ATI maintains $6 million in full insurance coverage.
ATI Indemnity. Except for ATI's obligation to warranty the Work for the Repair Warranty Period (defined in Section 7), any claim for damages that Customer may make, or any liability or indemnity obligation that the ATI Parties may have with respect to or arising out of or related to the Work, including property damage or bodily injury, shall be limited to the proceeds a Customer Party or any third party receives, if any, from or under the insurance to be provided by Customer or by or for ATI and nothing more. Under no event or circumstance shall the Customer Parties seek damages in excess of the insurance proceeds discussed above, whether directly or indirectly through suits with other parties who may join the ATI Parties as third -party defendants.
SECTION 16. ASSIGNMENT. Customer shall not assign any of the rights or obligations provided to it by or required under this Agreement, without first obtaining the prior written consent of ATI.
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Rev. 16 — April 20, 2020
SECTION 17. NOTICES. All notices ATI is required or permitted to give to Customer under the Agreement may be given by depositing them in the United States mail addressed to Customer at its local address, by facsimile, or by email. The foregoing will not be deemed to preclude the use of other means of notification or to invalidate any notice given by any such other means. All days referred to in the Agreement for notice will mean business days, and all notices will be given in writing.
SECTION 18. CONSENT TO COLLECTION OF DATA. Customer consents to ATI using its cloud service to collect and use Customer's information related to Customer's usage of the ATI Work including equipment status and state, equipment parameters, sensor readings, connections to UI, OS version and browser data when connected to the UI, internal system events, and system connectivity logging including VPN connections.
SECTION 19. GENERAL PROVISIONS. This Agreement may be amended only by written instrument signed by both Customer and ATI. If any term, provision, or condition of the Agreement is held to be invalid, void, or unenforceable by a court or forum of competent jurisdiction, then the remaining provisions shall continue in full force and effect. All obligations arising prior to the termination of the Agreement and all provisions of the Agreement allocating responsibility or liability between Customer and ATI shall survive the completion of all Work to be performed under the Agreement. Nothing contained in the Agreement shall create a contractual relationship or a cause of action in favor of a third party against ATI. The individuals executing the Agreement warrant that they have read and understood its provisions, and that they are authorized to bind the Parties for which they sign.
SECTION 20. ENTIRE AGREEMENT. This written Agreement is the entire integrated agreement between Customer and ATI and supersedes all prior negotiations, representations, or agreements, whether written or oral.
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Rev. 16 — April 20, 2020
ATTACHMENT 1A
CONSENT TO ARBITRATION
ATI and Customer shall employ good -faith efforts to amicably resolve any claims or disputes that may arise ("Dispute"). If the Dispute cannot be resolved informally, the parties waive their legal right to bring their dispute in a court of law, and the Dispute shall be submitted to binding arbitration administered by the AAA in accordance with its Construction Industry Arbitration Rules ("AAA arbitration") using a single arbitrator. Any AAA arbitration shall occur in Salt Lake County, Utah. Customer shall be finally and conclusively bound by the final decision reached in any AAA arbitration and, if ATI is the prevailing party, the arbitrator shall award to ATI such sums as the arbitrator deems proper to compensate ATI for its claims or damages, including reasonable attorneys' fees, professional fees, and costs expended. Customer consents to the consolidation of any arbitration that may take place between Customer and ATI with arbitrations between ATI and other parties, and to ATI's joinder of any third parties into any arbitration between ATI and Customer. ATI does not consent to the consolidation of any arbitration that may take place between Customer and ATI with arbitrations between Customer and other parties, or Customer's joinder of any third parties into the arbitration. ATI shall be entitled to perfect all statutory claims and rights that it may possess during the pendency of any mediation or arbitration. The laws of the state of Utah shall govern the terms and conditions of the Agreement, and any arbitration or litigation shall occur in Salt Lake County, Utah.
Notwithstanding anything in this Agreement to the contrary, in no event shall (i) the employees, agents, officers or directors of ATI and the ATI Parties be personally liable for any claims, damages, losses, demands, lawsuits, judgments, fees and/or costs of suit or defense, including, without limitation, attorney fees, or (ii) ATI and any of the ATI Parties be liable for special, indirect, incidental, exemplary, punitive or consequential damages of any kind, whether arising out of contract, tort (including negligence), strict liability, warranty or otherwise.
CUSTOMER, ATI AND EACH OF THEM REPRESENT AND AGREE THAT THEY HAVE READ, UNDERSTAND, AND
KNOWINGLY AND SPECIFICALLY AUTHORIZE, ACCEPT, AND CONSENT TO THE MEDIATION AND ARBITRATION
CLAUSE SET FORTH IN THIS SECTION, AND WAIVE THEIR LEGAL RIGHT TO BRING A DISPUTE TO A COURT OF LAW.
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Rev. 16 — April 20, 2020
ATTACHMENT 2
CUSTOMER AND PROJECT INFORMATION
Bonding Co. Name:
N/A
Bonding Co. Address:
Phone:
Bond #
Lender Name:
N/A
Lender Address:
Phone:
FAX:
Customer Key Personnel
Project Manager:
Masoud Sepahi, City Engineer
Superintendent:
N/A
Operations Manager:
Captain James Mcllhenney
Contract Administrator:
Luis Estevez, Deputy City
Administrator
Accounts Payable:
Jennifer Lampman, Director of
Finance
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Rev. 16 — April 20, 2020
ATTACHMENT 3
SAMPLE ONLY
NOTICE TO PROCEED AND APPROVAL OF ATI FINAL DRAWINGS
ACT'CINT.
TARGET
ATI Reference: ATI-15-000
NOTICE TO PROCEED AND APPROVAL OF ATI FINAL DRAWINGS
DATE: 1/1/00
Contract/Subcontract No.: 12345
ABC Company
Mr. John Doe
1234 Best Way Rd
Any Town, AB 12345
Project: Town Training Center
6789 On Target Ave., Any Town, AB 12345
Dear Mr. John Doe,
VIA OVERNIGHT FEDEX
Attached to this Notice to Proceed and Approval of ATI Final Drawings ("Notice to Proceed") is a copy of the ATI Final Drawings for the Project identified above. Please carefully review these Drawings and immediately notify ATI if you request any changes to the same. Please understand that any requested changes will result in a Change Event (pursuant to Section 9 of our Agreement) and a delay in the completion of the ATI Work. If no changes are requested, please return (i) a fully executed copy of this Notice to Proceed, and (ii) the Second Payment (identified in Section 3 of our Agreement).
Upon receipt of your signed counterpart of this Notice to Proceed and the Second Payment, plus any amounts attributable to Change Events, we will commence the fabrication and/or manufacture of the ATI Materials for the Project identified above, with an anticipated manufacturing period of approximately twelve (12) weeks. Please understand that (i) once we have begun to fabricate and/or manufacture the ATI Materials, we will not be able to stop such fabrication and/or manufacturing, and (ii) should you request us to delay shipping the ATI Materials (after we have begun to fabricate or manufacture the same), such delay will result in the assessment of storage fees (as a Change Event) of One Hundred and No/100 Dollars ($100.00) for every Fifty Thousand and No/100 Dollars ($50,000.00) per week of Agreement Price (as set forth in Section 6 of our Agreement).
If we do not receive your response within fourteen (14) calendar days, (i) we will not commence the fabrication and/or manufacture of the ATI Materials for the Project, (ii) your Project will be delayed, and (iii) we will be entitled to the remedies for Default as set forth in Section 10 of our Agreement.
BY SIGNING THIS NOTICE TO PROCEED BELOW (WITHOUT CHANGES HAVING BEEN MADE), CUSTOMER DOES HEREBY (I) DIRECT ATI TO PROCEED WITH THE FABRICATION AND/OR MANUFACTURE OF THE ATI MATERIALS FOR THE PROJECT, AND (II) GIVE ITS APPROVAL OF THE FINAL ATI DRAWINGS.
ACTION TARGET INC.
Signature
Fred Brown
Project Manager
TITLE
ABC COMPANY
Signature
Mr. John Doe
PRINTED NAME
President
TITLE
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ATI
Rev. 16 — April 20, 2020
ATTACHMENT 4
SAMPLE ONLY
SHIPPING NOTICE
OACTION,„
TARGET
ATI Reference: ATI-15-000
SHIPPING NOTICE
DATE: 3/1/00
Contract/Subcontract No.: 12345
ABC Company
Mr. John Doe
1234 Best Way Rd.
Any Town, AB 12345
Project:
Dear Mr. John Doe,
Town Training Center
6789 On Target Ave., Any Town, AB 12345
9999
VIA OVERNIGHT FEDEX
This Shipping Notice is to inform you that the ATI has or will shortly complete the manufacture and fabrication of the ATI Materials for your Project. ATI will initiate shipping of the ATI Materials upon receipt of (i) a fully executed copy of this Shipping Notice, and (ii) the Third Payment (required pursuant to Section 3 of our Agreement), plus any amounts attributable to Change Events.
By executing and returning this Shipping Notice (below), you are representing and warranting that the Customer Work is complete, such that the Project site is fully prepared, available, and equipped so that the ATI Work can timely commence and ATI can proceed with the continuous, uninterrupted and unimpaired installation of the ATI Materials at the Project site, without interference from the Customer Parties or others.
Should you request ATI to delay shipping of the ATI Materials, Customer shall pay ATI a weekly storage fee (as a Change Event) of One Hundred and No/100 Dollars ($100.00) for every Fifty Thousand and No/100 Dollars ($50,000.00) per week of Agreement Price (as set forth in Section 6 of our Agreement).
If we do not receive your response within five (5) business days, (i) ATI will not initiate shipping of the ATI Materials for the Project, (ii) your Project will be delayed, and (iii) ATI will be entitled to the remedies for Default as set forth in Section 10 of our Agreement.
ACTION TARGET INC.
Signature
Fred Brown
Project Manager
TITLE
ABC COMPANY
Signature
Mr. John Doe
PRINTED NAME
TITLE
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Rev. 16 — April 20, 2020
ATTACHMENT 5
SCOPE OF WORK
1. ATI WORK. Pursuant to the Placentia PD 4 Lane 25 Yard Tactical, October 2022 Updated Proposal attached hereto as Exhibit 1, and except for that work, materials and/or equipment expressly excluded below, ATI proposes to furnish the following work, materials and/or equipment (collectively "Work" or the "ATI Work") for the Project:
4 Lane 25 Yard Tactical Indoor Range - 20' wide
- Rubber berm trap w/ Class A Fire Treatment
- Fully tactical rifle rated ceiling baffles w/ white acoustical tile fascia - Wall baffles w/ Acoustical Rubber Tile Fascia - 20' long x 8' high both side walls in front of bullet trap - (4) Fixed Lateral electric turning targets w/ tablet master control - Acoustical Treatment PEPP on all side walls and back wall - 1640 sq-ft Purge Style HVAC System with Heating and Evaporative Cooling - Direct fired gas heating and evaporative cooling
- Laminar air flow of 75 ft. per minute.
- Customized DDC controller
- Custom -fabricated radial diffusers.
- Meets or exceeds all NIOSH, OSHA, and NRA range and lead safety standards. - Supplemental electric duct heater for sufficient heating w/ 208 Volt power Includes Full Prevailing Wage Installation by Action Target Includes Free Ground Freight Delivery (85,000 lbs)
Includes Taxes
A. Installation. Before ATI will commence installation, the Project site must be fully prepared, available, and equipped so that the ATI Work can timely commence and proceed with the continuous, uninterrupted and unimpaired installation of the ATI Materials at the Project site. Customer understands and agrees that it will provide ATI access for forklifts and/or other equipment with a minimum clearance of five feet (5') wide by seven feet six inches (7'6") tall for the duration of the Project.
B. Commissioning. Before ATI arrives for start-up and commissioning, (i) all power wiring to or for the ATI Materials, control piping, permanent power, sheet metal, power to the control panel, and range construction must be complete, (ii) all doors, windows, seals, etc., must be complete, and (iii) any penetrations into the range and/or the range wall(s) must be sealed tight.
2. SHIPPING TERMS. Upon receipt of Customer's signed counterpart of:
• The Notice to Proceed and Approval of ATI Final Drawings (see, Attachment 3) and the Second Payment (defined in Section 3 of Attachment 1), plus any amounts attributable to Change Events (defined in Section 9 of Attachment 1), ATI will commence the fabrication and/or manufacture of the ATI Materials for the Project identified above, with an anticipated manufacturing period of approximately twelve (12) weeks; and
• The Shipping Notice (see, Attachment 4) and payment of the Third Payment (defined in Section 3 of Attachment 1), plus any amounts attributable to Change Events (defined in Section 9 of Attachment 1), ATI will cause the ATI Materials to be delivered to Customer as follows:
FOB Destination
3. GENERAL EXCLUSIONS. The Work to be provided by ATI expressly excludes (and does not include) the following:* • Cat -5 Network Cabling.
• Electrical UL Rating;
• The design for and adjustments, accommodations, repairs or protection related to or arising out of seismic movement (of any kind), wind and/or snow loads;
• Prevailing wages, union labor, or any increased labor expenses; and • Revegetation of landscaping.
* As well as any other labor, materials and/or equipment and services excluded in Attachment 1.
4. CUSTOMER WORK. In addition to the General Exclusions noted above, the following are defined as "Customer Work" and (i) shall be performed by Customer, and (ii) ATI shall have no responsibility for such Customer Work, which work is expressly excluded from the ATI Work. The "Customer Work" shall include, but not be limited to the following:
• Cat -5 Network Cabling.
• All temporary utilities for construction (including adequate lighting and power for hand -tools);
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Rev. 16 — April 20, 2020
• Structural work of any kind, including hanging support for the ATI Materials, any substructure from which the ATI Materials is or will be supported pursuant to the ATI Drawings, canopies, shade structures, etc.; • Electrical wiring (including all hookups to or for the ATI Materials) and conduit (both high and low voltage); including connections, line or control conduits (empty or full), electrical boxes, receptacles, target or general lights and any other devices generally considered for high or low voltage;
• Concrete footings, piers and slabs of any kind;
• Floor trenching and wall notching (applicable only for steel Total Containment Traps (TCT)); • Engineered stamped drawings for all hanging points, seismic engineering/components and/or ATI provided equipment; • Applicable permits and fees for the ATI Work and the Customer Work; • Gas piping;
• Coring and sealing;
• General trades work;
• Off-loading of ATI Materials upon delivery to the Project; • Non -ballistic drop ceiling in range ready area;
• Range lighting controls and wiring;
• Waste disposal;
• Sanitation facilities;
5. CUSTOMER WORK - HVAC If the Agreement includes HVAC, the following are also defined as "Customer Work" and (i) shall be performed by Customer, and (ii) ATI shall have no responsibility for such Customer Work, which work is expressly excluded from the ATI Work:
• Internet access from customer's internet modem to Ventilation Control Panel for remote accessing of control system. (Must be done before we arrive for startup);
• Provide air -tight range envelope for each shooting bay; • Provide T -Bar ceiling from range safety ceiling to radial diffusers; • Based on equipment submittal data, provide appropriately sized gas piping, meters, regulators, and final gas hookups to range HVAC equipment;
• 120 -volt power to the control panel, control conduits, and dedicated analog phone line to DDC panel; • Dedicated 120 -volt circuit to the control pipe and wire for the evaporative cooler section fill and drain valves; • Labor and hardware to install DDC control panels in the building and on the roof; • Provide all required plumbing connections to range HVAC equipment • Provide all penetrations, patching and roofing;
• Cutting, coring and/or patching of any wall surfaces, roof surfaces, and or concrete (if applicable); • Based on equipment submittal data, provide all concrete pads (if applicable) for range HVAC equipment. • Structural engineering, supports, pads, rooftop equipment rails, etc.; • Acquire all permits (ATI does not acquire or pay for any fees to pay for permits); • Install low voltage conduits for Action Target installed controls per LV conduit locations and sizes • Pull ATI provided low voltage control wires per pull chart on range ventilation drawings • Install Action Target provided variable frequency drive(s) VFD's; • Install Range Ventilation Control Box(s);
• Install Range Ventilation Display(s);
• Install and terminate all high voltage wiring for exhaustfan(s) • Install and terminate all high voltage wiring for make-up airfan(s) • Provide and install needed disconnects (non -fused) for make-up air units, exhaust fans, and VFDs per local code and manufacturer's requirements;
• Install and terminate high voltage for all Range Ventilation Control Box(s), make-up air control(s), and Variable Frequency Drives (VFDs)
• Install high voltage for controls (Range Ventilation Control Box(s) and Make-up air control; • Provide and install CAT6 cable from customer's network modem to Range Ventilation Control Box(s) • Electrician will either pull provided wire for low voltage wiring or assist ATI technician in pulling wire when on site for commissioning of range; and
• The insulation and jacketing of supply and exhaust exterior ductwork. • Life safety devices including duct smoke detectors
In the event ATI is providing an Evaporative Ventilation System as part of the ATI Work, Customer acknowledges and agrees the air conditioning component of such Ventilation System will include an evaporative cooling system rather than a refrigerant based mechanical cooling system. Accordingly, where high outdoor temperatures and/or high humidity exist, the air temperature in the facility may not cool down to the level of comfort that could be achieved with a refrigerant based mechanical cooling system, even though the evaporative cooling system is functioning in accordance with applicable laws. The Customer agrees and acknowledges these limitations are inherent in an evaporative cooling system, and agrees that the existence of such conditions shall not be a defect in ATI's Work.
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Rev. 16 — April 20, 2020
ATTACHMENT 6
ATI PRELIMINARY DRAWINGS
The ATI Preliminary Drawings (defined in Section 4 of Attachment 1) which generally and preliminarily reflect and describe ATI's Work are those identified below. ATI's Work is more particularly identified in Attachment 5.
Drawing
Placentia PD_75_RevO
Reference No.
Drawing Date
10/04/22
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ATTACHMENT 7
ARMORING
To the extent included as part of the ATI Work in Attachment 5, certain areas may be designated ballistic or armored for "point blank" type impacts ("Armoring") as ATI Class 1 or ATI Class 2 (either Glass or Solid), as follows:
Material
Rating
Range Use
Max
Velocity
Max Energy
Compliance
Glass
ATI Class 1
Pistol
Ranges
1,485 fps
1,175 ft.-Ibs.
Meets or exceeds UL 752 Level 3 and EN1063 BR4(S)
standards
ATI Class 2
Rifle Rances
3,388 fps
3,600 ft.-Ibs.
Meets or exceeds EN1063 BR5(S) standards
Solid
ATI Class 1
Pistol
Ranges
1,485 fps
1,175 ft.-Ibs.
Meets or exceeds UL 752 Level 3 standards
ATI Class 2
Rifle Ranges
3,388 fps
3,600 ft.-Ibs.
Meets or exceeds UL 752 Levels 5, 7, 8, 9, & 10
standards
ATI Armoring is not rated for armor -piercing rounds or atypical ammunition. Customer understands, acknowledges and agrees that (i) ammunition can vary significantly, even within different rounds of the same caliber (depending on the selection of projectile material and weight, muzzle velocity, manufacturer, etc.), (ii) it is Customer's responsibility to ensure that ammunition used in a Firing Line Area or Tactical Area does not exceed the max velocity and/or max energy for which the area is rated, (iii) Customer shall be solely responsible for the improper use of ammunition and weapons by Customer Parties or others by exceeding the operational and/or functional scope for which the ATI Materials in the a Firing Line Area or Tactical Area are intended, and (iv) the ATI Repair Warranty (provided in Attachment 1, Section 7) shall be void for all purposes in the event of a Bullet Strike (defined in Attachment 1, Section 12) to Armoring that exceeds the allowable max velocity and/or max energy specified.
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Rev. 16 — April 20, 2020
ATTACHMENT 8
CORE PRODUCTS COVERED UNDER THREE-YEAR WARRANTY
Core Products include:
• DRM Pro
• Genesis Target Retriever
• Pilot Target Retriever
• Guardsman Shooting Stalls
• Defender Shooting Stalls
• Sentry Shooting Stalls
• American Shooting Stalls
• Vortex Steel Trap with Buckets or 20G BCS
• Rubber Berm Trap
• Baffles/Deflectors
• Electric Turning Targets
• Pneumatic Targets
• Controls
• AutoTargets
• Shoot Houses — MATCH and TAC House
• Line of Fire
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ATTACHMENT 9
CONSUMABLES
Product
Consumable
DRM Pro + Track Runner
Pulleys, cable, wheels, bearings, springs,
fuses, track and supporting hardware
Genesis/Pilot Target Retrievers
Wheels, armor, track and supporting
hardware, fuses
SRET
Cable, wheels, armor, track, supporting
hardware, fuses
Stalls
Steel panels, glass panels, wood panels, abs
liner, table top
Vortex / TCT 4D
Top and bottom impact plates, joints, and
hardware. S1 plates, joints, and
hardware. Chamber rear shells, gaskets, top
mouths and hardware. Chamber deflectors
(TCT 4D only)
Rubber Berm Trap
Rubber, fins,
Baffles and Deflectors
Fascia, plywood, Z-furrings, hardware
Ventilation
Belts, filters, bearings (bearings that fail
prematurely would be considered covered if
they were deemed to be defective. Bearing
failure due to EDM pitting (which is caused by
a VFD) that does not have proper shaft
grounding usually would not be covered)
Lights
NA
Electric Mancom Turners (fixed electric
+ fixed lateral)
Couplings, bushings, down rigger, target
clamp and clutch, acrylic light lens (where
applicable).
Pneumatic Targets
Exposed clamp, ballistic shield, c -rods, roll
pins, filters.
Air Compressors
Belts, hoses, compressor oil, filters and filter
packs
SCS
Shear bolts, bearings, uptake gasket
Match / Tac House
Fascia, plywood, Z-furrings, hardware
Controllers (DCU & Turning Targets)
AutoTargets
Steel and rubber fascia of shield, targets
Line of Fire
Ballistic plates and joint strips. See each
target's individual section.
Dust Collection Unit
Filters, belts and hoses where applicable (on
air compressor)
BY INITIALING BELOW, CUSTOMER AND ATI ACKNOWLEDGE AND
AGREE TO THE PROVISIONS SET FORTH ON THIS PAGE
Customer
ACTION TARGET PROPOSAL
Exhibit 1
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\ \ \ \ 1 I I I / / / / / /
\ \ \ \ \ 1 I I I
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.
ACTI O NTM
TARGET
ACTION TARGET PROPOSAL
Placentia PD 4 Lane 25 Yard Tactical, Oct 2O22
Updated HVAC
Quotation Number: 135633/137601
ACTIONT,,
)TARGET
Prepared by: Chris Hart
3411 Mountain Vista Pkwy, Provo Ut 84606
ActionTarget.com 1888.377.8033
PRICING TABLES
COMPLETE SHOOTING RANGE EQUIPMENT PACKAGE
Price
4 Lane 25 Yard Tactical Indoor Range - 19' wide
-Rubber berm trap w/ Class A Fire Treatment
- Fully tactical rifle rated ceiling baffles w/ white acoustical tile fascia - Wall baffles w/ Acoustical Rubber Tile Fascia - 20' long x 8' high both side walls in front of bullet trap - (4) Fixed Lateral electric turning targets w/ tablet master control -Acoustical Treatment PEPP on all side walls and back wall - 1640 sq-ft Includes Full Prevailing Wage Installation by Action Target Includes Ground Freight Delivery (-85,000 Ibs)
Includes Trusted Partner Full 3 year warranty on range equipment Includes Taxes
Trusted Partner 3 -Year Warranty on Range Equipment
- Comprehensive Trusted Partner Warranty covers both parts and labor due to manufacturing or product defects.
(HVAC system carries manufacturer's standard warranty)
Purge Style HVAC System with Heating and Evaporative Cooling - Direct fired gas heating and evaporative cooling
- Laminar air flow of 75 ft. per minute.
- Customized DDC controller
- Custom -fabricated radial diffusers.
- Meets or exceeds all NIOSH, OSHA, and NRA range and lead safety standards Updated Oct 2022 - Added supplemental electric duct heater for sufficient heating with 208 Volt $426,850.00
$0.00
$282,500.00
$0.00
Total $709,350.00
TERMS & CONDITIONS
Action Target Inc. may be referred to as "Action Target" or 'ATI" throughout this proposal.
PROPOSAL DATE Oct 24, 2022
PROPOSAL VALIDITY 30 days from Oct 24, 2022
PAYMENT TERMS
1. Schedule of Values
2. ATI reserves the right to adjust installation costs based upon the actual site conditions encountered.
3. Unless explicitly itemized, price does not include bonds, fees, assessments, licenses, permits, mandatory wage requirements, other regulatory costs that may be applicable to the job site, or anything else not expressly identified in this proposal.
4. Price applies to range equipment and systems only. It does not include site preparation, construction, trusses/baffle supports, electrical, conduit, or any other work not directly contained in ATI's scope of work.
SHIPPING TERMS
1. FOB destination: prepaid.
2. Shipping costs are estimates and subject to change; actual shipping costs will be subject to availability and rates at time of purchase.
DELIVERY &
INSTALLATION
TERMS
1. Manufacturing shall take no fewer than 18 weeks.
2. Full factory installation.
3. Installation cost is based upon having forklift and scissor lift access. If forklift and scissor lift access is not available, the installation cost will increase.
ACTION TARGET
RESPONSIBILITIES
1. Consultation and recommendation of optimal range design.
2. Design of ranges for complete ballistic containment.
3. Procurement, engineering, cutting and painting of ballistic steel plate.
4. Manufacture of targets and control systems.
5. Provision of sound attenuation material as called out on ATI drawings.
6. Design, engineering, and supply of HVAC systems provided by ATI. (if applicable to this project)
CUSTOMER
RESPONSIBILITIES
1. Engineered stamped drawings for all hanging points, seismic engineering/components and/or ATI provided equipment.
2. Permits, licenses, special insurance requirements, bonds (when applicable), regulatory costs, or any other special fees unknown at this time.
3. Concrete work including slabs, footings, and walls, floor trenching and wall notching (if applicable).
4. Structural work of any kind, including structural supports, canopies, etc.
5. Engineering of ceiling or roof structures, trusses, beams cross -members, columns or pillars to accommodate baffle, trap, target systems, lighting and HVAC equipment weight loads. Weights and load points will be provided in ATI drawings for utilization by the general contractor, engineer or architect.
6. Drop ceiling behind the safety ceiling at the firing line or other light fixtures in this area.
7. Temporary lighting and power (including 3 phase, if necessary).
8. Supplying of electrical services, electrical outlets, conduit(s), junction boxes, disconnects, stub -outs and lighting of any kind.
9. 120 -volt power to the control panel, control conduits, and dedicated analog phone line to DDC panel, labor to assist ATI's control technician with pulling in all necessary low voltage cable (all control conduits are required to have pull strings installed prior to arrival of ATI's start-up technician), labor and hardware to install DDC control panels in the building and on the roof, dedicated 120 -volt circuit to the control pipe and wire for the evaporative cooler section fill and drain valves.
10. Power and disconnect switches to all equipment per local code and manufacturer's requirements on the equipment, VFDs for the electrical contractor to mount and wire (ATI will only supply low voltage wire connections).
11. Range lighting controls and wiring. (unless specifically called out in quote)
12. Gas, water, and drain piping to the ventilation equipment set by ATI;
13. Cutting, coring, sealing and/or patching of any wall surfaces, roof surfaces, and or concrete (if applicable).
14. Additional fees related to "customization" of product or work otherwise identified as "custom".
15. Action Target MUST have temporary internet access at the facility to program HVAC controls. HVAC maintenance personnel must be present for commissioning to learn troubleshooting for post sign -off.
16. Any other work, materials or equipment that is not expressly included in the ATI Work.
17. Disposal of construction waste.
18. Wash area and restroom facilities.
CONFIDENTIALITY This proposal is submitted by Action Target Inc. Any and all information, drawings, specifications COPYRIGHT & and other design documents contained herein is the property of Action Target Inc. and shall not REPRODUCTION for any reason, whether tangible or intangible, be disclosed, duplicated, or used, in whole or in part, for any reason other than to evaluate this quote.
TERMS & CONDITIONS This is a summary of standard Action Target Inc. Terms and Conditions. Action Target Inc.
CLAUSE reserves the right to change, modify or add to these Terms and Conditions in the final customer contract.
TRUSTED PARTNER WARRANTY'":
3 -YEAR COMPREHENSIVE COVERAGE
Action Target's 3 -year Trusted Partner Warranty is peace of mind for gun ranges.
It is uninterrupted training for those that serve. It is a resounding pledge from Action Target to its customer's success as the Trusted Partner at Every LevelTM.
Our Promise
The comprehensive Trusted Partner Warranty covers both
parts and labor due to manufacturing to product defects.
CORE PRODUCTS COVERED
• Genesis" Target Retriever
• Pilot" Target Retriever
• SmartRange Axis" Range control
• DRM Pro"
• Shooting Stalls
• Rubber Berm Trap
• Vortex" Steel Trap
• Baffles and Deflectors
• Turning targets
• Auto Targets"
• MATCH"
• TAC Houser"
• Line of Firer"
LEARN MORE
ActionTarget.com/TrustedPartnerWarranty
RUBBER BERM TRAPTM
NOT ALL RUBBER BERM TRAPS ARE BUILT ALIKE
Action Target's Rubber Berm Trap has numerous attributes that set it apart from the competition. For example, the trap is engineered with a uniquely designed galvanized steel frame that holds rubber in place to safely capture rounds. The rubber can also be treated with a flame -resistant formula to provide maximum fire protection.
Rubber Granules
Action Target's styrene -butadiene rubber gran-
ules are available in a variety of sizes and grade
options to fit the needs of any range.
Fire Treatment
Action Target provides optional Flame Lock"
flame -resistant treatment. This gives rubber
granules an ASTM-E84 and ASTM-E108-11 Class
A rating, which is the industry's best fire rating.
Self -Supporting Frame
The Rubber Berm Trap is the safest rubber trap
available. The self-supporting berm frame is
designed to IBC standards.
LEARN MORE
ActionTarget.com/RBT
FEATURES
• Internal Frame Design
• Industry's Best Fire Rating
• Patented Fin Design
Patented Fin Design
The Rubber Berm Trap's patented fin design
keeps the rubber at a depth that is safe for
shooters and reduces trap maintenance.
Sidewall Protection
Customers may opt for AR steel sidewalls to
prevent bullets from damaging the range walls.
Integrated Baffles
Optional overhead baffles are available for
additional protection of the building structure.
Baffles can also be positioned as a hopper
feeder for granule distribution.
• Clean and Quiet
• Harvested Rubber Granules
• Optional .50 BMG Rating
CEILING BAFFLES..
COVERAGE YOU CAN COUNT ON
Using a patented design, Action Target's ceiling baffles provide ballistic protection for ceiling structures, lights, electrical, and ventilation systems while keeping shoot- ers and range employees safe.
Customizable
Action Target's ceiling baffles are compatible
with various fascia options, range sizes, and
ballistic ratings.
Modular Design
Ceiling baffles are designed to make installa-
tion possible in small spaces and facilitate the
replacement of individual parts.
Sound -Reducing Fascia
A variety of available baffle fascia options
improve comfort for range users and customize
the look of a shooting range.
Air Gap
A steel furring within the baffle creates an air
gap for bullets to splatter.
Wood Panel
A layer of wood over the baffle contains bullet
splatter, keeping shooters and range staff safe.
LEARN MORE
ActionTarget.com/Ceiling-baffles
N
FEATURES
• Engineered Deflection Angles
• Modular
• Prevents Splatter
• AR5OO Steel
1 \ X
Ballistic Steel Baffles
Steel baffles prevent bullets from escaping the
range. ATI Class 1 (handgun) and ATI Class 2
(rifle) options are available.
Outdoor Applications
Ceiling baffles may be installed in outdoor
settings with an overhead structure.
Configurations
Ceiling baffles are installed to provide complete
overhead ballistic coverage in either fixed firing
line or tactical ranges, allowing shooters to
move up and down the range safely. Structural
stamps are available upon request.
• Customizable
• Acoustic Fascia
• Protects Ceiling -Mounted Equipment
i
i
rt 1! l= ! 1J
WALL BAFFLES
KEEP ERRANT ROUNDS SAFELY CONTAINED
A critical safety priority for any indoor range is making sure bullets cannot escape outside the range. Wall baffles provide an extra level of protection to wall structures and ensure that all rounds are contained within the range.
Safe
Wall baffles provide ballistic protection for wall structures and can contain thousands of rifle and handgun bullets, preventing errant rounds from escaping the shooting
range.
Customizable
Action Target's wall baffles are compatible with various fascia options, range sizes, and ballistic ratings.
Modular Design
Individual baffles may be replaced as necessary, which
keeps maintenance costs low.
Fascia
Wall baffle fascia helps contain splatter and provides
sound abatement for the range.
Wall Deflectors
Wood Panel
A layer of wood over the baffle contains bullet splatter, keeping shooters and range staff safe.
Air Gap
A wood or steel furring within the baffle provides space for bullets to splatter.
Ballistic Steel Baffles
Steel baffles prevent bullets from escaping the range and protect structural walls from projectiles fired at oblique angles. ATI Class 1 (handgun) and ATI Class 2 (rifle)
options are available.
Wall deflectors are installed in front of the bullet trap and over wall seams to keep rounds within the range. Deflectors are comprised of two components that are precisely engineered to direct rounds downrange. Deflectors are also designed with replaceable wear plates.
LEARN MORE
ActionTarget.com/Wall-Baffle
FEATURES
• Prevents Splatter
• Customizable
• Modular
• 180° Training
FIXED LATERAL 360
UNIQUE FEATURES, ADVANCED TRAINING
The Fixed Lateral 360 system allows inverted targets to be repositioned laterally along a fixed rail, spaced apart or in groups, without the use of tools. Used in conjunction with the DRM ProTM target system, these targets can represent bystanders or threats to simulate real -world scenarios. 360° Turning
Targets can turn 90,180, and 360 degrees
the blink of an eye.
Ballistic
Exposed downrigger is built using AR500 steel
to resist damage from bullets.
LEARN MORE
ActionTarget.com/Fixed-Lateral-360
FEATURES
• 360° Turning
• Ballistic AR500 Steel Downrigger
• Connected to Range Control
Quiet
in Electric motor operates quietly, preventing
shooters from anticipating movement.
Connected
Integrates with our range control software for
advanced features and functionality.
• Advanced Quick Release Clamp
• Lateral Repositioning
• Electrical
PEPP
PEPP PANELS FOR SOUND ABATEMENT
PEPP is a cleanable acoustic panel that can be attached directly to range wall and ceiling surfaces for attractive and effective sound control.
Durable
PEPP can be used both indoor and outdoor. It is
moisture-, impact-, bacteria-, and fungi -resistant. It is also resilient to oil, chemicals, flames, and sagging.
High Performance
PEPP is Class A fire -rated per ASTM E84 and also has
high STRC and NRC ratings.
Configuration
Can be installed on both range wall and ceiling
surfaces.
ACTION,.,
)TARGET
Washable
The non -fibrous and non-abrasive lightweight surface
does not contain fiberglass and is easily cleanable.
Strong
This sound -silencing material is resilient and flexible.
PEPP is durable, tackable, and is made of a strong
rigid material that can capture rounds without rico-
chet or splatter.
LEARN MORE
ActionTarget.com/Sound-Abatement
FEATURES
• Available in Both Charcoal and White Finish
• Both 1" and 2" Thickness
• Both Straight Edge and Beveled Edge Finishes
• High STRC and NRC Sound Rating
• Non -Fibrous, Resistant Material
• Class A Fire Rated
• Lightweight and Easy -to -Clean
• Outdoor and Indoor Usage
HVAC
VITAL TO SAFETY AND COMFORT
Proper ventilation is essential to the shooter's experience and provides a safe atmosphere for employees and customers. Action Target provides 180 -degree ceiling -mounted air delivery ventilation systems that exceed OSHA, EPA, and NIOSH regulations. Both purge and recirculation systems are available, as well as systems with heating and/or cooling. Ventilation systems can be installed indoors and outdoors.
SmartRange AxisTM Control
Action Target's ventilation systems seamlessly inte-
grate with SmartRange Axis range control software.
This software provides an intuitive digital display of the ventilation system, including real-time filter life data and remote servicing capability.
Purge System
A purge ventilation system draws air into the range,
filters it, then releases cleaned air back into the
atmosphere.
Recirculation System
A recirculation ventilation system filters and reuses air within the range. These systems require less energy to
function because the reused air is already cooled or
heated.
LEARN MORE
ActionTarget.com/Ventilation
FEATURES
• SmartRange Axis Compatible
Laminar Diffusion
Ventilation systems introduce clean air to the range
behind the shooting line. A radial diffuser ensures the air is evenly distributed.
Air Flow
Ventilation systems create negative air pressure to
draw hazardous dust -filled air away from the shooter
and toward the bullet trap. From there, the air enters a filtration system for a final cleaning process.
Filtration
Ventilation systems filter and collect contaminated air, meeting OSHA, EPA, and NIOSH requirements.
Climate Control
Ventilation systems adapt to changing environmental
conditions to maintain required air speed and pressure
conditions.
• Exceeds OSHA, EPA, and NIOSH Regulations
AFTERMARKET SERVICES
TURNKEY CONVENIENCE, COMPLIANCE, AND SAFETY
Managing a range requires a lot of effort and attention to detail. Action Target eliminates much of that effort with our turnkey range solutions. from scheduled maintenance and cleanings to managing metals recycling and compliance documentation, Action Target's services streamline your operations.
Recycling & Disposal Programs
Metals Recycling
Recycling your metals with Action Target is easy and efficient. Sim- ply contact Action Target to schedule a pickup. We will be there within 72 hours, at which time your London Metals Exchange (LME) spot pricing will be locked in.
• Fast and Convenient Pickup
• Simple Brass and Lead Packaging
Best in Class Payment Structure and Loyalty Bonus
10% BONUS for Acton Target equipment and services
Rubber Berm Trap Cleaning
Transparent pricing
Action Target uses a simple, transparent, all-inclusive pricing structure based on the size of your trap to give you the best return on your metals. 100% of the metals value belongs to you. Opt for a check or credit at our store with a 10% loyalty discount. Store credit can be applied to Action Target products, services, and range equipment.
Range Waste Disposal
Genesis is connected to SmartRange Axis'^ range control software through Action Target's cloud network. This
allows Action Target to update content remotely, trouble- shoot on the fly, and provide expedited cutomer support.
Proprietary Process
We have developed a proprietary process to clean your rubber berm traps with the safety and profitability of your range in mind.
Convienence
This complete turnkey solution integrates with our Metals Recy- cling and Filter Disposal Programs. We also provide all the neces- sary containers, pallets, packaging, and other transport materials, simplifying your role in the process.
Maintenance & Cleaning Programs
Range Visits
Action Target works with you to build a plan that determines the appropriate number of annual visits your range requires. These visits include a number of specialized services to keep your range running at peak condition.
Range Cleaning
With staff and client safety as our top priority, we provide cleaning services to help you maintain a safe and sanitary range.
Action Target Store
Paper and Cardboard Targets
With more than 1,OOO target designs, we offer a greater selection than anyone else in the industry.
Target Backers
We stock a variety of backers to fit any target system.
Steel Targets
- We offer a wide variety of innovative steel targets.
Eye and Ear Protection
Keep your customers safe with quality ear and eye
protection designed for target shooting and tactical
situations.
Customer Support
Range Maintenance
We provide resources to help you maintain your range. From maintenance schedules to operation and maintenance manuals, we ensure you are prepared to properly care for your equipment.
Firearm Storage and Cleaning
0 VIZ
•iii:0
Keep your rental guns secure and working smoothly with our selection of firearms storage, cleaning, and lubrication gear.
Range Cleaning Products
Keep your range safe and clean with products designed to remove lead from hands, shoes, floors, and other surfaces.
HVAC Filters
24/7 Support
Action Target Customer Service is always on call and ready to help with warranty issues, replacement parts, and anything else you need to keep your range running at peak performance. We stand behind our work and we stand behind you.
Nation -Wide Representatives
Regionally -located customer service technicians provide fast indus- try -leading service in all states.
Remote Access
Many of our products are remotely -accessible, allowing our team to quickly troubleshoot and provide assistance. This speeds up the mainte- nance process, ensuring minimum downtime.
Specifically designed to filter lead and high loading condi- tions found in indoor firing range applications.
Inventory
We maintain a parts inventory to minimize service lead times. Addition- ally, our team works with you to ensure you have the necessary parts on -site to maximize the effectiveness of technician visits. 3 -year Warranty
We at Action Target stand behind our products with the industry's best warranty. Our 3 year trusted partner warranty is 3x the protection of industry -standard warranties and 3x the peace of mind for customers.
RESOLUTION NO. R-2022-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2022-23 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§
1206 AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2022-23 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 2022-23, Resolution No. R-2022-43 is hereby amended for the new appropriation to the account below:
Fund
Description
GL Account
JL
Account
Amount
General Fund (101)
Fund Balance
105213-6850
_
$3,040,000
Increase
General Fund (101)
Current Budget
105207-6850
229999 _
$1,825,000
Decrease
General Fund (101)
Current Budget
105207-6850
229999 _
$425,000
Decrease
General Fund (101)
Current Budget _
105209-6850
229999 _
$400,000
Decrease
General Fund (101)
_ Current Budget _
105213-6850
229999 _
$2,650,000
Increase
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2022-77
PASSED, ADOPTED AND APPROVED THIS 15th DAY OF NOVEMBER 2022.
Rhonda Shader, Mayor
ATTEST:
Robert 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 15th day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Green, Smith, Yamaguchi, Wanke
Shader
None
None
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2022-77
TO:
VIA:
FROM:
DATE:
CITY COUNCIL
CITY ADMINISTRATOR
FIRE CHIEF
NOVEMBER 15, 2022
Placentia City Council
AGENDA REPORT
SUBJECT: PURCHASE OF ADDITIONAL 800 MHz RADIOS FOR THE PLACENTIA FIRE
AND LIFE SAFETY DEPARTMENT
FISCAL
IMPACT: EXPENSE: $51,772.47 TOTAL PURCHASE PRICE OF RADIOS AVAILABLE BUDGET: $54,000.00 PUBLIC SAFETY MITIGATION FEE (676301-6350)
SUMMARY:
On June 4, 2019, the City Council voted to establish the Placentia Fire and Life Safety Department (the "Department") and awarded a contract to Lynch EMS for 9-1-1/Advanced Life Support services. As a part of that decision, the City Council directed the City Administrator to take the necessary steps to implement the Department.
On December 3, 2019, the City Council approved the purchase of 800 MHz radios for the fire apparatus, radio bases to be housed at each station, as well as handheld radios for use by Department personnel. Due to the cost and timing of ordering additional radios, the remaining radios were split into two fiscal years. Half of the radios were ordered in FY 21/22 with the remaining radios to be purchased in FY 22/23. This purchase includes five portable radios for use by the Department as the City continues to hire personnel and venture out to extended mutual aid or wildland calls.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Authorize the City Administrator to approve a purchase order to Motorola Solutions for the purchase of 800 MHz radios for a not -to -exceed amount of $51,772.47; and
2. Authorize the City Administrator to approve change orders to Motorola Solutions for a total project amount not to exceed $5,177.00 (10% of the project cost); and
3. Authorize the City Administrator to execute all necessary documents, in a form approved by the City Attorney.
1.k.
Nov 15, 2022
City Council Agenda
July 5, 2022
DISCUSSION:
The proposed 800 MHz radio purchase for the Department is required to ensure the Department is able to communicate with Placentia's Police Department as well as the City's neighboring fire agencies on the County communications trunk system.
This procurement includes the purchase of additional necessary 800 MHz radios for the optimal operation of the Department, includes five portable radios, chargers, and required accessories as the Department continues to hire personnel and potentially venture out to extended mutual aid or wildland calls. These radios will ensure that each firefighting rank has a radio on the reserve Engine and utility vehicles if Placentia Fire and Life Safety Department is dispatched to a wildland strike team.
The radios are sold directly from Motorola without the use of a local manufacturer sales representative. The City's Purchasing and Contract Guidelines allow for sole source purchases if a proprietary product is only available through a single source. To facilitate, integrate, and ensure effective emergency communications and responses, it is necessary to utilize the same Countywide emergency communications system and continue to purchase the same type of equipment.
FISCAL IMPACT:
The not -to -exceed purchase order amount for the 800 MHz radios is $51,772.47. Sufficient funds exist within the CIP for the recommended actions.
Prepared by:
-L6x)
Crystal Adams
Management Analyst
Reviewed and approved:
Jennif r Lafnpman
Director of Finance
Attachment:
Motorola Quote No. 1885593
Revie ed'nd approved:
Dobine
Fire Grief
Reviewed and approved:
Damien R -hula
City Administrator
MOTOROLA SOLUTIONS
Billing Address:
PLACENTIA FIRE AND LIFE
SAFETY
401 EAST CHAPMAN AVE
PLACENTIA, CA 92870
US
QUOTE -1885593
Quote Date:09/19/2022
Expiration Date: 10/19/2022
Quote Created By:
Lauren Kirkland
Lauren.Kirkland@
motorolasolutions.com
619-405-7100
End Customer:
PLACENTIA FIRE AND LIFE SAFETY
Contract: 22477 - ORANGE COUNTY CA
Line # Item Number
Description
Qty
List Price Sale Price Ext. Sale Price
APXTM 8000 Series
6.27 APX 8000XE MODEL 3.5
RUGGEDIZED ALL BAND
PORTABLE WITH
ENCRYPTION
5 $9,182.51
$45,912.55
1 H91TGD9PW7AN
1a Q806CB
1b Q361AN
1 c QA02006AC
1d Q58AL
1e QA09008AA
APX 8000 ALL BAND
PORTABLE MODEL 3.5
ADD: ASTRO DIGITAL CAI
OPERATION
ADD: P25 9600 BAUD
TRUNKING
ENH: APX8000XE RUGGED
RADIO
ADD: 3Y ESSENTIAL
SERVICE
ADD: GROUP SERVICES
1 f Q498AU
1g H38BS
lh G996AP
1 i Q629AH
ENH: ASTRO 25 OTAR W/
MULTIKEY
ADD: SMARTZONE
OPERATION
ADD: PROGRAMMING OVER
P25 (OTAP)
ENH: AES ENCRYPTION AND
ADP
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 — #: 36-1115800
MOTOROLA SOLUTIONS
QUOTE -1885593
Line # Item Number
Description Qty List Price Sale Price Ext. Sale Price
1j QA01427AG
2 NNTN7624C
3 NNTN8860A
ALT: APX8000/XE HOUSING
GREEN
CHARGER,CHR IMP VEH EXT 1
NA/EU KIT
4 RLN6434B
CHARGER, SINGLE -UNIT, 1
IMPRES 2, 3A, 115VAC,
US/NA
APX TRAVEL CHARGER 1
5 NNTN8844A
CHARGER, MULTI -UNIT, 1
IMPRES 2, 6-DISP, NA/LA-
PLUG, ACC USB CHGR
$509.76 $377.00 $377.00
$169.56 $135.00 $135.00
$119.99 $95.00 $95.00
$1,420.20 $1,136.00 $1,136.00
Subtotal
Estimated Tax
Grand Total
Notes:
$47,655.55
$4,116.92
$51,772.47(USD)
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.
Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 — #: 36-1115800
Placentia City Council
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF DEVELOPMENT SERVICES
DATE: NOVEMBER 15, 2022
AGENDA REPORT
SUBJECT: TENTATIVE PARCEL MAP NO. TPM 2022-124 PERTAINING TO THE SUBDIVISION OF AN +/- 0.41 ACRE LOT INTO TWO PARCELS LOCATED AT 502 NORTH GERHOLD LANE WITHIN SP -7 (SPECIFIC PLAN 7)
FISCAL
IMPACT: APPROXIMATELY $15,764 OF TOTAL DEVELOPMENT IMPACT FEE REVENUE
PRIOR TO CONSTRUCTION OF TWO NEW SINGLE-FAMILY RESIDENCES SUMMARY:
At the Planning Commission meeting held on October 11, 2022, the Planning Commission voted 5-0-2 (2 absent) to recommend approval of TPM 2022-124 to the City Council. TPM 2022-124 is a request to subdivide one existing parcel into two (2) parcels for property located at 502 North Gerhold Lane. In accordance with Placentia Municipal Code (PMC) Sections 22.80.060 and
22.80.070, the Planning Commission hereby submits a report of its findings and recommends approval of TPM 2022-124 to the City Council.
RECOMMENDATION:
It is recommended that the City Council take the following action:
Adopt Resolution R-2022-74, a Resolution of the City Council of the City of Placentia, California, adopting a categorical exemption pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000-21177 and §15000 et seq. of Title 14 of the California Code of Regulations) (CEQA) and Approving Tentative Parcel Map No. TPM 2022-124 pertaining to the subdivision of property located at 502 North Gerhold Lane (Assessor's Parcel Number 341-421-33) and making findings in support thereof.
STRATEGIC PLAN STATEMENT;
This item is consistent with the City Council approved 5 -Year Strategic Goal to achieve:
Implementation of Housing Element Strategies, Objective Number 3.10. This agenda item will specifically create opportunities for the development of more housing in the City.
1.I.
Nov 15, 2022
City Council Agenda
November 15, 2022
BACKGROUND:
PMC Section 22.80.010(a) requires a Parcel Map for all subdivisions of four (4) or fewer parcels and PMC Section 22.80.060(c) requires that the Planning Commission take action to recommend to the City Council conditional approval or denial of the subdivision map. At the Planning Commission meeting held October 11, 2022, the Planning Commission voted 4-0-2, to recommend approval of TPM 2022-124 to the City Council.
DISCUSSION:
Subject Site and Surrounding Land Uses
The table below illustrates the site and surrounding existing land uses, General Plan Land Use designation, and Zoning:
Location
Existing Land
Use
General Plan Land
Use Element
Desi nation
Zoning Map
Designation
Specific Plan
Land Use
Designation
Subject Site
Vacant
Specific Plan
SP -7 (Specific
Plan 7)
Low Density
Residential
North, South,
East, & West
Single -Family
Residential
Specific Plan
SP -7
Low Density
Residential
The subject site is currently vacant, except for an existing oil storage tank onsite. The following table outlines the size of the individual subdivided parcels.
Parcel No.
Lot Size (square
feet)
Lot Size (acres)
Minimum Lot Size
Required in SP -7
(LDR Designation)
1 7,547 sq. ft.
.17 acres
6,000 sq. ft.
2 10,283 sq. ft.
,23 acres
6,000 sq. ft.
Lot 1 is the northerly parcel, measuring 7,547 square feet and the width is approximately 60 feet.
The calculation of lot with an irregular lot with more than four sides is based on taking one-half (1/2) the sum of the length of two (2) lines drawn perpendicular to one (1) side line at widest and narrowest portions of the lot, per PMC 22.08.260. The width of the lot varies, so +/- 60 feet is an average lot width for Parcel 1. Because the approximate value is just under 60 feet, (59 feet plus. 60 feet when rounded to the next whole number) and based on an average, it is Staff's interpretation that minimum lot width requirement has been met.
Lot 2 is the southerly lot measuring 10,283 square feet and the width is approximately 95.62 feet using the average lot width calculation. Both lot size and width meet the minimum requirements for SP 7. Lot 2 contains an existing oil well, which will be abandoned by the applicant utilizing CALGEM standards and requirements, as well as regulations from the Fire & Life Safety Department.
City Council Agenda
November 15, 2022
The proposed subdivision of one parcel into two parcels will allow for future sales and conveyance of the lots for the purpose of single-family homes, which is what current zoning within Specific Plan 7 (Low Density Residential) permits in this location.
ENVIRONMENTAL:
The proposed application was reviewed by Staff in accordance with the requirements of the California Environmental Quality Act (CEQA), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia. As part of their actions taken on October 11, 2022, the Planning Commission recommended that the City Council find that TPM 2022-124 is exempt from CEQA pursuant to State CEQA Guidelines §15315 (Class 15 - Minor Land Divisions), as it applies to the division of property in urbanized areas zoned for residential use into four or fewer parcels, when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than twenty percent (20%). The proposed subdivision meets all criteria for this exemption; therefore Staff and the Planning Commission recommend adoption of a categorical exemption pursuant to §15315 (Class 15 - Minor Land Divisions).
CONCLUSION:
The proposed project is consistent with the City's General Plan and meets the minimum development standards of the PMC. Including the recommended conditions of approval, the proposed subdivision located within the existing SP -7 District will be compatible with adjacent land uses and will not result in any adverse impacts to the surrounding area.
FISCAL IMPACT:
Pursuant to PMC Chapter 5.02 all new development is subject to Citywide Development Impact Fees. The proposed Tentative Parcel Map will result in two (2) additional lots that will be eligible for development. Based on the zoning designation, one single family residence can be developed on the resulting new lots of parcels 1 and 2. The subsequent construction of two (2) new homes will result in approximately $15,764 of total Development Impact Fee revenue. It should be noted that future construction will also require payment of user fees such as building plan check and building permit fees.
City Council Agenda
November 15, 2022
Prepared by:
Lesle, Whi ' : ker
Associate PI : nner
Reviewed and approved:
Jennifer'Lampman
Director of Finance
Reviewed and approved:
. Lambert
Director of Development Services
Reviewed and approved:
Damien R. rrula
City Administrator
Attachments:
1. Resolution No. R-2022-74 Related to TPM 2022-124
Attachment A: Conditions of Approval for TPM 2022-124
2. TPM 2022-124 Tentative Parcel Map
3. Vicinity/Zoning Map
RESOLUTION NO. R-2022-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, ADOPTING A CATEGORICAL
EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE
§§ 21000-21177 AND §15000 ET SEQ. OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS) (CEQA) AND
APPROVING TENTATIVE PARCEL MAP (TPM) 2022-124
PERTAINING TO THE SUBDIVISION OF PROPERTY LOCATED
AT 502 NORTH GERHOLD LANE (ASSESSOR'S PARCEL
NUMBER 341-421-33) AND MAKING FINDINGS IN SUPPORT
THEREOF
A. Recitals.
WHEREAS, On October 11, 2022, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, recommending to the City Council of the City of Placentia, approval of Tentative Parcel Map No. TPM 2022-124 for the property located at 502 N. Gerhold Lane.
WHEREAS, The Planning Commission heard testimony, received a report and other relevant information from City staff and members of the public including Blain Meith ("Applicant" hereinafter), regarding a Tentative Parcel Map application.
WHEREAS 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:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to this City Council with regard to the Application, including written staff reports, verbal testimony and development plans, the City Council hereby specifically finds as follows:
a. The proposed project will not be: (1) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (2) injurious to the property or improvements within the neighborhood or within the city. The subject subdivision is not likely to cause serious public health problems. Subject to compliance with the attached Conditions of Approval set forth in Attachment "1.A." of the staff report (Attachment A to this Resolution) and by this reference incorporated herein and Standard Development Resolution R-2022-74
ATTACHMENT 1
Requirements, the project complies with all applicable code requirements and development standards of the "SP -7" Specific Plan 7 (Low Density Residential subarea) Residential Zoning District and Title 22, and with other applicable regulations of the Placentia Municipal Code (PMC).
b. The proposed use is consistent with the City's General Plan.
The General Plan Land Use designation for the subject site low -density residential, and the proposed use does not involve any change in the allowable land use of the subject site. The proposed project involves the subdivision of a 0.41 -acre parcel into two single family residential parcels consistent with the "SP -7" Specific Plan 7 (Low Density Residential subarea) and the General Plan. Therefore, the site is physically suitable for the proposed type and density of development.
c. The proposed project as presented in the staff report and accompanying plans complies with all requirements of Chapter 23.107 of the PMC. City Staff carefully examined the proposed subdivision against the applicable development regulations prescribed in Title 23 (Zoning Ordinance) and determined it to be in substantial compliance. The proposed subdivision includes Conditions of Approval and Standard Development Requirements to ensure full compliance with applicable code requirements and to ensure full compliance with the General Plan, and with applicable design improvements required therein.
d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this Tentative Parcel Map approval. Attachment "1.A" of the staff report (Attachment A to this Resolution) contain Conditions of Approval and Standard Development requirements specific to this application in order to provide assurances that the proposed subdivision and related on and off -site improvements are in compliance with applicable requirements of the PMC.
e. That the proposed map is consistent with the General Plan and with all provisions of Title 22 of the PMC. The proposed Tentative Parcel Map application is to subdivide an existing 0.41 acre parcel into two single family residential lots. The proposed map is consistent with all polices, programs, and goals of the General Plan.
f. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. As part of the review of the application, an extensive record research was completed. Additionally, the application submitted a preliminary title report with their application.
g. That the design of the subdivision or the proposed
improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is an underutilized property Resolution R-2022-74
ATTACHMENT 1
that only has limited vegetation. There are no known areas within the City that host wildlife or their habitat.
Section 3. a. The City Council of the City of Placentia finds that TPM 2022-124 is exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia pursuant to the State CEQA Guidelines § 15315 (Class 15 — Minor Land Divisions) as this subdivision will result in the division of property in an urbanized area zoned for residential use into four or fewer parcels, the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent; b. The City Council finds and determines that, based upon the findings set forth above and below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur; and
c. The City Council finds that facts supporting the above -specified findings are contained in the staff report and exhibits, and the information provided during the public hearing conducted with respect to the Application.
Section 4. Based upon the findings and conclusions set forth herein, the City Council hereby approves Tentative Parcel Map 2022-124, as modified herein, and specifically subject to the conditions set forth in Attachment "1.A." of the staff report (Attachment A to this Resolution) attached hereto and by this reference incorporated herein.
PASSED, ADOPTED and APPROVED this 15th day of November 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2022-74
ATTACHMENT 1
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 15th day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2022-74
ATTACHMENT 1
Attachment A
Special Conditions of Approval for
Tentative Parcel Map 2022-124 (TPM 2022-124)
502 N. Gerhold Lane (APN: 341-421-33)
SPECIAL CONDITIONS
If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions listed below and the Standard Development Requirements attached.
ALL OF THE FOLLOWING SPECIAL CONDITIONS OF APPROVAL AND STANDARD
DEVELOPMENT REQUIREMENTS SHALL BE FULLY COMPLIED WITH FOR THE DEVELOPMENT PLAN REVIEW TO CONTINUE IN GOOD STANDING.
DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION:
1. Failure to abide by and faithfully comply with any and all conditions attached to this action shall constitute grounds for revocation or amendment of said actions by the City of Placentia Planning Commission.
2. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision -making body or City staff action concerning applicant's project.
The applicant shall pay the City's defense costs, including attorney fees and all other litigation -related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action.
3. Approval of Tentative Parcel Map (TPM) 2022-124 and the resulting Final Map is contingent upon City Council approval.
4. TPM 2022-124 shall expire twenty-four (24) months after City Council approval or conditional approval if a final map is not recorded. Upon written request by the developer the time limit may be extended an additional twelve (12) months by City Council.
5. The developer/owner of each resulting lot shall be required to join any applicable Homeowner's Association (HOA) that the properties fall within the boundaries of.
6. Prior to the issuance of a building permit(s) for improvements on the resulting parcels, the Applicant/builder shall submit plans for a Site Plan Review (SPR), at which time all structures, TPM 2022-124 Page 5
walls, fences, and patios must comply with the underlying Zoning prior to approval of the SPR. This may require removal of existing block walls, etc..
7. A final map shall be prepared by or under the direction of a registered Civil Engineer or licensed land surveyor in the State, as provided for in the Business and Professions Code.
8. Prior to the recordation of the Final Parcel Map, an exhibit shall be reviewed and approved by the Director of Development Services or designee, indicating and detailing how access to Lot 1 and Lot 2 will be omitted from Van Buren Street, resulting in only one public right of way access point to both Lot 1 and Lot 2 from Gerhold Lane.
9. TPM 2022-124 and the related Final Map shall comply with the applicable requirements of Title 22 Subdivisions of the Placentia Municipal Code.
10. Any modifications to the approved Tentative Parcel Map and any modifications which will change, expand or intensify the use shall be subject to review and approval by the Director of Development Services. The Director of Development Services or his or her designee may determine if such modifications require approval by the Placentia Planning Commission or may be approved administratively by City staff.
11. Prior to final release of the buildings for occupancy, all Special Conditions of Approval and Standard Development Requirements shall have been completed and final inspections approved.
12. Prior to the development of the parcels, the Applicant will provide certification of well abandonment from CALGEM (California Geologic Energy Management Division) and any mitigation measures needed for development atop and/or in proximity of any oil wells.
13. Applicant/builder is responsible, at its sole cost and expense, to cause all cable, telephone, electrical, and other utility services serving the property to be placed underground within the subject site. Prior to the issuance of building permits, applicant/builder shall submit a separate utility plan for each such utility service. The utility plan shall indicate the precise location of where all cable, telephone, electrical, and other utility services serving the property will be placed underground within the subject site, as well as the points of connection at the proposed building or buildings on the site and the public right-of-way. Prior to the submittal of the utility plans to the City, the plans shall be reviewed and approved by the utility companies. Evidence of approvals shall be in the form of a signed and dated approval stamp and/or approval letter. If the precise locations of future utility services cannot be reasonably ascertained prior to the issuance of building permits, upon prior written approval of the Director of Development Services, prior to issuance of a certificate of occupancy.
Applicant/builder shall provide the City with "as built" plans showing the precise locations where all cable, telephone, electrical, and other utility services serving the property were placed underground within the subject site, as well as the points of connection at the building or buildings on the site and the public right-of-way.
14. Developer shall pay in full to the City of Placentia, any and all applicable citywide Development Impact Fees (including, but not limited to fees relating to recreational facilities, TPM 2022-124 Page 6
sewer facilities, transportation infrastructure, storm drain facilities, public safety impacts and affordable housing impacts) adopted by and set forth by the City Council, as set forth in Chapter 5 of the Placentia Municipal Code, in effect at the time building permits are issued prior to issuance of the first building permit for each respective property.
15. Developer and/or property owner agrees to approve the incorporation of the project into Community Facilities District No. CFD 2014-01 (Public Services) pursuant to the provisions of California Government Code Section 53311, et seq. Said annexation into CFD No. 2014- 01 shall be fully completed in accordance with California law prior to issuance of any Certificate of Occupancy for the project.
16. Developer and/or property owner agrees to approve the incorporation of the project into the Landscape Maintenance District No. LMD 1992-01 pursuant to the provisions of California Streets and Highways Code Section 22500, et seq. Said annexation into LMD No. 1992-01 shall be fully completed in accordance with California law prior to issuance of any Certificate of Occupancy for the project.
17. Developer and/or property owner agrees to approve the incorporation of the project into the Street Lighting District No. SLD 1981-01 pursuant to the provisions of California Streets and Highways Code Section 22500, et seq. Said annexation into SLD No. 1981-01 shall be fully completed in accordance with California law prior to issuance of any Certificate of Occupancy for the project.
18. Developer and/or property owner agrees that the City may, at its sole election, require that, instead of annexing into SLD 1981-01 and/or LMD 1992-1, the project shall be incorporated into a Community Facilities District to be created by the City pursuant to the provision of California Government Code Section 53311, et seq; the purpose of which, and the initial amount of the taxes and assessments thereunder, will be substantially the same, in whole or in part, as SLD 1981-1 and/or LMD 1992-1. Developer and/or property owner agrees to approve the incorporation of the project into said Community Facilities District, provided that the incorporation of the new CFD does not otherwise delay the development of the project; in which event the project shall instead be annexed into SLD 1981-01 and/or LMD 1992-
1. Any automatic fee increases for the Community Services District shall not be inconsistent with the approved rate study.
DEVELOPMENT SERVICES DEPARTMENT - BUILDING DIVISON
19. The parcel maps shall be prepared, sealed, and signed by a California licensed land surveyor or a California licensed civil engineer who had been licensed prior to January 1982.
20. Complete orientation of the proposed line between the two parcels shall be addressed on the Tentative Parcel Map No. 2022-124.
21. The parcels map after being approved by the City shall be recorded by the Orange County Recording Office.
TPM 2022-124 Page 7
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
22. All improvement and grading plans shall be drawn on twenty-four (24) inches by thirty- six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required.
23. The following items are required for the entitlement review:
a. Preliminary grading and drainage plan.
b. Preliminary geotechnical report.
c. Preliminary hydrology/drainage study.
d. Preliminary Water Quality Management Plan (WQMP) in the form and content per the City's WQMP template.
e. Sewer capacity study.
24. Prior to issuance of Certificate of Occupancy or building final, all existing and new utilities including electric power, telephone, telecommunication fiber and/or cable TV in the street adjacent to and on -site shall be placed underground in accordance with the City of Placentia standards and ordinances.
25. It is the applicant's responsibility to notify all utility companies and the City of Placentia for disconnection and/or relocation of the existing utilities, vaults and meters. It is also the applicant's responsibility to ensure applicant notifies the Building Inspection Division that these utilities have been properly relocated and/or disconnected. Prior to recordation of the final map, the public improvement plans as required shall be prepared and signed by the City Engineer.
26. Prior to issuance of a Certificate of Occupancy, the engineer of record shall submit all approved project and site improvements plans on an AutoCAD DWG and DFX formatted Compact Disc (CD) to the Public Works Department. The applicant shall pay for and provide the City with copies of as -built plans.
27. Recent title report to clarify the ownership and all easements on the property.
28. Provide an erosion control, Storm Water Pollution Prevention Plans (SWPPP) for protection of the site during and post excavation activities.
GRADING
29. Prior to the issuance of a grading permit, the applicant shall prepare a Low Impact Development (LID) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and/or non-structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP) and LID Implementation Guideline.
Website available at ( http://ocwatersheds.com/publiced/residents/glltd) Particular attention should be addressed to the appendix section "Best Management Practices for priority redevelopment." The LID shall clearly show the locations of structural or Nonstructural BMP's, TPM 2022-124 Page 8
and assignment of long-term maintenance responsibilities. The plan shall be prepared to the general form and content and submitted to the Director of Public Works/City Engineer for review and approval.
30. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non-structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long-term maintenance responsibilities (which shall also be included in the Maintenance Agreement).
The plan shall be prepared to the general form and content shown in the City of Placentia's WQMP Template and shall be submitted to the City Engineer for review and approval.
Website available at ( http://www.placentia.org/index.aspx?nid=262) 31 Prior to the issuance of a grading permit, the applicant shall demonstrate to the City Engineer that coverage has been obtained under the California's General Permit for Discharge of Storm Water Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number to the City Engineer. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation. Prior to the issuance of a grading permit, the applicant shall submit to the City Engineer for review a Storm water Pollution Prevention Plan (SWPPP). A copy of the approved SWPPP shall be kept at the project site and available for review upon request.
32. Prior to the issuance of grading permits, the applicant shall prepare and submit a precise grading plan prepared by a licensed civil engineer to the Engineering Division of the Public Works Department showing building footprints, new and revised pads and elevations of finished grades, drainage routes, retaining walls, erosion control, slope easements, structural best management practices (BMPs) conforming to the approved water quality management plan, and other pertinent information. The project development shall accept and make provisions for the existing surface water that are the natural flows from the adjacent properties immediately abutting to the development site.
33. Prior to approval of the final design plans and issuance of a grading permit, the applicant shall conduct a site -specific geotechnical investigation for the entire site and prepare a report that fully assesses the geologic and soil conditions of the site. As part of the report preparation, soil sampling and any geotechnical testing will be completed at each location where structures are to be erected. The report shall provide grading and structural design recommendations for avoiding liquefaction, subsidence or collapse for each of the proposed structures. The recommendations shall be implemented by the Applicant.
34. Prior to the issuance of a grading permit, erosion control plans and notes shall be submitted and approved by the Engineering Division of Public Works Department.
TPM 2022-124 Page 9
35.AII private slopes of 4 feet or more in vertical height and of 4:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy.
36. The development site shall be graded to drain surface water to the existing City storm drain system with no cross -lot drainage permitted. Drainage shall be indicated on the precise grading plans.
37. Surety and agreement guaranteeing completion of all on -site grading improvements including drainage, structural BMPs, erosion control, grading operations shall be posted and executed to the satisfaction of the City Engineer prior to the issuance of grading permits.
38. The final grading plan for this parcel shall be substantially the same, specifically regarding pad elevations, size, and configuration as the proposed grading illustrated on the approved site plan. If there is a significant deviation between the two plans the Community Development Director and the City Engineer will review the plans and determine if a finding of substantial conformance can be made prior to the issuance of a grading permit. The Development Services Director and the City Engineer may refer the matter to the Planning Commission for an opinion before deciding.
39.AII parking, common, and storage areas shall be lighted to maintain a minimum of 1 - foot candle power. These areas should be lighted from sunset to sunrise and be on photo censored cell.
40. The site grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency with each other and for consistency with the requirements and standards of the City of Placentia.
41. The applicant shall provide a quitclaim or relocation of existing easements as applicable in the plan review process prior to issuance of grading permit.
42. Provide and identify all pavement and driveway paving materials used inside and outside of the development areas. Identify all storm drain structures, types, sizes, and specifications on the plans.
43. Preliminary WQMP shall include a feasibility check to ensure the proposed infiltration BMPs are not proposed to be within 100 feet horizontally of a water supply well and/or non -potable well for the protection of groundwater quality per Orange County TGD.
Golden State Water Company currently operates a water well pump at the northwest corner of Bradford Avenue and Crowther Avenue.
Public Improvements and Construction
44. Applicant shall be responsible for reconstruction of the existing pavement within the limits of TPM 2022-124 Page 10
the project. The applicant shall provide street resurfacing using grind to a depth of 2 -inch and 2 -inch overlay. Applicant may also be responsible for reconstruction of the driveway approaches, sidewalks, curb and gutters, streetlights, and street trees as determined by the City Engineer. The limit of the paving shall include full width of the street along the entire property frontage.
All public improvements shown on the plans and the map shall be constructed to the City of Placentia's standards, ordinances, policies
45. Prior to issuance of 1st occupancy permit, all new public improvements including curb, gutter, sidewalk, asphalt concrete pavement, and streetlights within property boundaries shall be constructed satisfactorily to the City Engineer.
46. Improvement plans shall be based upon a centerline profile extending beyond the project boundaries a minimum distance of 150 feet at a grade and alignment approved by the City Engineer.
47. All ADA improvements constructed within the public right of way must meet the latest ADA and CBC standards and will require CASp inspection during construction and be certified by the CASp inspector. All CASp inspection and related activities shall be provided and paid for by the applicant and the developer.
48. Prior to recordation of final map or issuance of building permit if recordation has already been accomplished, the applicant shall enter into an agreement and post security bond, in a form and amount acceptable to the City Engineer, guaranteeing the construction of public improvements in conformance with applicable City standards and the City Code, including, but not limited to the following:
49. Street improvement including, but not limited to: pavement, curb and gutter, sidewalks, driveway approaches, street lights, signing, striping, traffic signal systems and other traffic control devices as appropriate.
a. Storm drain facilities
b. Landscaping
c. Sewer systems
d. Street lighting
Storm Drain Improvements and Construction
50. The project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. Unless otherwise approved by the Public Works Director.
51. Drainage easements, when required, shall be shown on the grading plans, and noted as follows: "Drainage Easement - no buildings, obstructions, or encroachments by landfills are allowed."
52. The project shall be designed to accept and properly dispose of all off -site drainage flowing onto or through the site. The storm drain design and improvements shall be subject to review and approval by City Engineer. The hydraulics and hydrology report shall include detailed TPM 2022-124 Page 11
drainage studies indicating how the grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, BMP treatment and LID, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood per the Orange County Hydrology Manual. The project development shall be designed to accept and properly dispose of all off -site drainage flowing onto or through the site. If the quantities exceed the existing downstream capacity, the developer shall provide adequate drainage facilities to mitigate the impact as approved by the City Engineer.
53. Prior to the approval of the improvement plans, the hydrology study shall show that the 25 -year storm flow will be contained within the street from curb to curb and the 100 -year storm flow shall be contained within the street right-of-way. When either of these criteria are exceeded, additional drainage facilities shall be installed. All analysis shall comply with the Orange County Hydrology Manual and County Local Drainage Manual.
54. The post development peak flow rate generated from the project site shall be less than or equal to the predevelopment peak flow rate from the site for all frequency storms up to and including 100 -year return.
55. Drainage facilities with sump conditions shall be designed to convey the tributary 100 - year storm flows. Secondary emergency flow bypass shall also be provided as approved by City Engineer.
Sewer line Improvements and Construction
56. Sewer flow calculations justifying pipeline design and connection to the main shall be prepared by a registered civil engineer and submitted as a part of an improvement plan for approval by the City Engineer. Provide sewer capacity analysis in accordance with the City's Guidelines to evaluate the proposed sewer flow rates into the City sewer system using current flow rate and for pipeline capacity availability. Please see attached "Sewer Capacity Guidelines."
57. Prior to issuance of building permits, the developer's engineer shall analyze and mitigate any sewer system deficiencies for all phases of the proposed development.
Results of the system analysis may require special construction such as booster pumps, upsize the downstream pipes and backwater valves. The engineering analysis and special construction requirements shall be subject to review and approval of City Engineer.
58.Onsite water improvement and fire protection plans shall be approved by the Fire Marshal, the local water district, and City Engineer. The water distribution lines and appurtenances shall conform to the applicable laws and adopted regulations enforced by the Golden State Water Company.
59. Prior to the issuance of a building permit, the applicant shall dedicate ingress and egress of the access route within the project site and improve it fully operational as TPM 2022-124 Page 12
required by the Orange County Fire Authority and satisfaction to the City Engineer.
60. The applicant shall submit a Will Serve Letter from Orange County Sanitation District and Golden State Water Company.
61. Installation of new sanitary sewer manholes may be required at the discretion of the City Engineer and OCSC. All sanitary sewer improvements shall be in accordance with the latest OC Public Works Department Standards.
Traffic
62. Provide new and modify the existing striping modifications within the limits of the new paving and the project.
Final Map
63. Applicant shall provide a quitclaim or relocation of any existing easements that affect the proposed development.
64. The applicant shall prepare and submit a preliminary title report not older than 90 days.
65. Prior to approval of the Final Map, pursuant to the Subdivision Improvement Agreement for Public Improvements, the developer shall provide security in an amount specified in writing by the Registered Civil Engineer or a Licensed Land Surveyor of record. The developer shall enter into an agreement for providing the necessary right- of-way design and construction of missing public improvements, which shall be constructed in coordination with adjacent existing improvements prior to occupancy of the development and subject to review and approval by the City Engineer.
66. Prior to the exoneration of any security, the applicant shall submit one (1) duplicate Mylar of the final map and all as built public improvement plans, in a manner acceptable to the City Engineer.
67. This project falls under the City's Municipal Code: 8.04.390 Special requirements for construction/deconstruction waste. This is to ensure the diversion of at least fifty (50) percent of all construction/deconstruction waste generated within the city the following special requirements apply to all covered projects as listed in Section 8.04.400:
a) All contractors or owner -builders applying for a permit are required to complete a project form and attest that only an authorized city agent will be used to haul debris and other solid waste generated by that project.
b) All contractors or owner -builders are required to place a deposit with the city to ensure their compliance with the required use of an authorized city agent. The specific deposit amount shall be an equivalent to One (1.00) percent of the total project value.
c) Upon completion of the project, and if proof deemed satisfactory by the city confirms that all solid waste hauling for that project was done by an authorized city TPM 2022-124 Page 13
agent then a full refund of the deposit will be made. Acceptable forms of proof are weight tickets, collection receipts, billings, or similar statements from an authorized city agent showing that they performed solid waste collection at the location established for that project. It is the contractor's or owner -builders' responsibility to provide receipts covering all hauling activity for that project. Failure to provide complete records will be deemed as noncompliance.
d) Failure to provide receipts or other acceptable proof of compliance for all solid waste hauling on a project will result in the forfeiture of one hundred (100) percent of deposited funds. (O-2011-08 § 2, 2011)
TPM 2022-124 Page 14
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PARCEL MAP No. 2022=124
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IN THE CITY OF PLACENTIA, COUNTY OF
STATE OF CALIFORNIA.
1I)
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BEING A SUBDIVISION OF LOT NO, 223 OF TRACT NO. 14161, AS PER MAP RECO DED IN BOOK 673, PAGES 3748 INCLUSIVE, MISCELLANEOUS MAPS, IN THE OFFICE OF THE
CUNTO' RECO DER, ORANGE COUNTY, CALIFORNIA,
A
2 LOTS 0.41 AC ES (NET & G OSS)
SUBDIVIDER:
REALM California, LL C;
1746 F South Victoria Avenue, #245
VENTURA, CA 93003
Contact: Blain Meith 985=630=9165
[email protected]
2 O
EX. OIL WELL
TO BE ABANDONED
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13 N87'57'41 'W 100.36'
88.4'
MA 1" CH 2022
]PRE]PA 1" ED BY:
KING CIVIL ENGINEERING CORP
26702 VALPARISO DRIVE
MISSION VIEJO, CA 92691
Contact: Tom King 714=996=7010
[email protected]
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NOTES:
1. Proposed Use: Single Family Residential
2. Development of Lot:— Fully Developed Lots.
3. All Existing Structures On Site To Be Demolished.
4. Flood Zone "X".
5. Assessor's Parcel No. 341-421-33
6. Subdivider intends to comply with all requirements in Chapters in regards to construction and erosion control.
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PROPOSED WATER MAIN
PROPOSED FIRE HYDRANT
PROPOSED GRATE INLET
PROPOSED PVC DRAIN
LANDSCAPE AREA
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PROPOSED WATER METER
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RIGHT OF WAY
PLANTER
UTILITY PURVEYORS:
WATER: GOLDEN STATE WATER COMPANY
1920 W. CORPORATE WAY
ANAHEIM, CA. 92801
SEWER: CITY OF PLACENTIA
DEPARTMENT OF PUBLIC WORKS
401 E. CHAPMAN AVENUE
PLACENTIA, CA. 92870
GAS: SOUTHERN CALIFORNIA GAS CO.
1919 S. STATE COLLEGE BLVD., SUITE G
ANAHEIM, CA. 92830
ELECTRIC: SOUTHERN CALIFORNIA EDISON CO.
1851 W. VALENCIA DRIVE
FULLERTON, CA. 92833
TRASH: REPUBLIC DISPOSAL SERVICES
1131 N. BLUE GUM STREET
TELEPHONE: AT&T
3939 E. CORONADO ST., SECOND FLOOR
ANAHEIM, CA. 92807
CABLE TV: TIME —WARNER
20.20,22.16 through 22.64 and other laws of the City
1. All fire lane signs or red curb areas shall be shown on a site plan approved by the OCFA.
2. All structures will be protected with an approved automatic fire sprinkler system.
I, THOMAS A. KING, DEPOSE AND STATE THAT THE OWNERS
OF THIS PROPERTY COMPRISING THE PROPOSED SUBDIVISION
NO. 2022=124 SHOWN ON THIS MAP, HAVE CONSENTED TO THE
PREPARATION AND SUBMISSION OF THIS MAP.
No. 16916
Exp, 6/30/2023,]
SITE ADD
THOMAS A. KING R.C.E. NO. 16916
DATED THIS 23 DAY OF MARCH 2022
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TO:
VIA:
FROM:
DATE:
Placentia Cit Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
NOVEMBER 15, 2022
AGENDA REPORT
SUBJECT: TENTATIVE PARCEL MAP NO. TPM 2022-125 PERTAINING TO THE SUBDIVISION OF AN +/- 0.48 ACRE LOT INTO THREE PARCELS LOCATED AT 406 NORTH NEVIN LANE WITHIN SP -7 (SPECIFIC PLAN 7)
FISCAL
IMPACT: APPROXIMATELY $23,646 OF TOTAL DEVELOPMENT IMPACT FEE REVENUE
PRIOR TO CONSTRUCTION OF THREE NEW SINGLE-FAMILY RESIDENCES SUMMARY:
At the Planning Commission meeting held October 11, 2022, the Planning Commission voted 5-0-2 (2 absent) to recommend approval of TPM 2022-125 to the City Council. TPM 2022-125 is a request to subdivide one existing parcel into three (3) parcels for property located at 406 North Nevin Lane. In accordance with Placentia Municipal Code (PMC) Sections 22.80.060 and
22.80.070, the Planning Commission hereby submits a report of its findings and recommends approval of TPM 2022-125 to the City Council.
RECOMMENDATION:
It is recommended that the City Council take the following action:
Adopt Resolution R-2022-75, a Resolution of the City Council of the City of Placentia, California, adopting a categorical exemption pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000-21177 and §15000 et seq. of Title 14 of the California Code of Regulations) (CEQA) and Approving Tentative Parcel Map No. TPM 2022-125 pertaining to the subdivision of property located at 406 North Nevin Lane (Assessor's Parcel Number 341-433-23) and making findings in support thereof.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to achieve:
Implementation of Housing Element Strategies, Objective Number 3.10. This agenda item will specifically create opportunities for the development of more housing in the City.
1.m.
Nov 15, 2022
City Council Agenda
November 15, 2022
BACKGROUND:
PMC Section 22.80.010(a) requires a Parcel Map for all subdivisions of four (4) or fewer parcels and PMC Section 22.80.060(c) requires that the Planning Commission take action to recommend to the City Council conditional approval or denial of the subdivision map. At the Planning Commission meeting held October 11, 2022, the Planning Commission voted 5-0-2, to recommend approval of TPM 2022-125 to the City Council.
DISCUSSION:
The parcel in which the subdivision is proposed is located at the terminus of Nevin Lane and extends eastwardly towards the terminus of Evans Lane. Currently, there is access via a gate on both Nevin Lane and Evans Lane. The Parcel Map will subdivide an existing 20,998 square foot lot into three (3) lots. See the table below for lot sizes.
Parcel No.
Lot Size (square
feet)
Lot Size (acres)
Minimum Lot Size
Required in SP -7
(LDR Designation)
6,000 sq. ft.
1 8,691 sq. ft.
.20 acres
2 6,292 sq. ft.
.14 acres
6,000 sq. ft.
3 6,015 sq. ft.
.14 acres
6,000 sq. ft
4 "''''444444111111 i
��I •�
Lot 1 is the largest and northernmost lot measuring 8,691 square feet and the width is approximately 67.82 feet. Currently the lot has dual access on Nevin Lane to the west and Evans Lane to the east. Placentia Municipal Code (PMC) section states that 22.16.050 (d) "double frontage lots shall be prohibited" unless a variance is approved. The referred Chapter 22.68 lists variances. The applicant is not requesting a variance but will remove an existing gate access
City Council Agenda
November 15, 2022
along Nevin Lane and continue the existing six-foot block wall, so the lot does not have double frontage.
Lot 2 is proposed to measure 6,292 square feet and the lot width is 62.7 feet, which meets the minimum standards, as defined by Specific Plan 7 development standards. Lot 2, in the center, is the location of an oil well, which is in process of being abandoned per CALGEM requirements. All future development of the lots will go through fire plan check and any mitigation measures needed for development over the oil well will be met.
Lot 3 is the southernmost lot measuring 6,015 square feet and the lot width is approximately 75.98 feet. Entrance to the lot will be located on Evans Lane, as will the other two lots (1 & 2).
The proposed subdivision will allow for future sales and conveyance of the lots for the purpose of single-family homes, which is what current zoning within Specific Plan 7 (Low -Density Residential) permits in this location.
Subject Site and Surrounding Land Uses:
The subject site is located within an existing single-family residential district on the SEC of 406 N.
Nevin Lane (APN: 341-433-23). The table below shows surrounding existing land uses, zoning, and General Plan and Specific Plan Land Use designations. The site contains an oil well on what is proposed as "Lot 2", which will be abandoned by the applicant utilizing CALGEM standards and requirements, as well as regulations from the Fire & Life Safety Department.
Surrounding Land Uses:
Location
Existing
Land Use
General Plan Land
Use Element
Designation
Zoning Map
Designation
Specific Plan
Land Use
Desi nation
Subject Site
Vacant
Specific Plan
SP -7 (Specific
Plan 7)
Low Density
Residential
North, South
(Across Alta
Vista), East, &
West
Single -Family
Residential
Specific Plan
SP -7
Low Density
Residential
The surrounding parcels of the subject site are part of a residential tract recorded years ago. Lot sizes vary in similar sizes to the ones proposed by the applicant. See the Accessor's parcel map below
City Council Agenda
November 15, 2022
ENVIRONMENTAL:
The proposed application was reviewed by Staff in accordance with the requirements of the California Environmental Quality Act (CEQA), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia. As part of their actions taken on October 11, 2022, the Planning Commission recommended that the City Council find that TPM 2022-125 is exempt from CEQA pursuant to State CEQA Guidelines §15315 (Class 15 - Minor Land Divisions), as it applies to the division of property in urbanized areas zoned for residential use into four or fewer parcels, when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than twenty percent (20%). The proposed subdivision meets all
City Council Agenda
November 15, 2022
criteria for this exemption; therefore Staff and the Planning Commission recommend adoption of a categorical exemption pursuant to §15315 (Class 15 - Minor Land Divisions).
CONCLUSION:
The proposed project is consistent with the City's General Plan and meets the minimum development standards of the PMC. Including the recommended conditions of approval, the proposed subdivision located within the existing SP -7 District will be compatible with adjacent land uses and will not result in any adverse impacts to the surrounding area.
FISCAL IMPACT:
Pursuant to PMC Chapter 5.02 all new development is subject to Citywide Development Impact Fees. The proposed Tentative Parcel Map will result in three (3) additional lots that will be eligible for development. Based on the zoning designation, one single family residence can be developed on the resulting new lots of parcels 1, 2, and 3. The subsequent construction of three (3) new homes will result in approximately $23,646 of total Development Impact Fee revenue. It should be noted that future construction will also require payment of user fees such as building plan check and building permit fees.
Prepare • :y:-- Reviewed and approved:
Lesley hit ker
Associate Pla ner
Reviewed and approved:
•-a
Jennifer Lampman
Director of Finance
Damien R. Arrula
City Administrator
J ph M.'tambert
Di ector of Development Services
eviewed and ap.r.ved:.,
Attachments:
1. Resolution No. R-2022-75 Related to TPM 2022-125
Attachment A: Conditions of Approval for TPM 2022-125
2. TPM 2022-125 Tentative Parcel Map
3. Vicinity/Zoning Map
RESOLUTION NO. R-2022-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, ADOPTING A CATEGORICAL
EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE
§§ 21000-21177 AND §15000 ET SEQ. OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS) (CEQA) AND
APPROVING TENTATIVE PARCEL MAP (TPM) 2022-125
PERTAINING TO THE SUBDIVISION OF PROPERTY LOCATED
AT 406 N. NORTH NEVIN LANE (ASSESSOR'S PARCEL
NUMBER 341-433-23) AND MAKING FINDINGS IN SUPPORT
THEREOF
A. Recitals.
WHEREAS, On October 11, 2022, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, recommending to the City Council of the City of Placentia, approval of Tentative Parcel Map No. TPM 2022-125 for the property located at 406 N. Nevin Lane.
WHEREAS, The Planning Commission heard testimony, received a report and other relevant information from City staff and members of the public including Blain Meith ("Applicant" hereinafter), regarding a Tentative Parcel Map application.
WHEREAS, 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:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to this City Council with regard to the Application, including written staff reports, verbal testimony and development plans, the City Council hereby specifically finds as follows:
a. The proposed project will not be: (1) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (2) injurious to the property or improvements within the neighborhood or within the city. The subject subdivision is not likely to cause serious public health problems. Subject to compliance with the attached Conditions of Approval set forth in Attachment "1.A." of the staff report (Attachment A to Resolution R-2022-75
ATTACHMENT 1
this Resolution) and by this reference incorporated herein and Standard Development Requirements, the project complies with all applicable code requirements and development standards of the "SP -7" Specific Plan 7 (Low Density Residential subarea) Residential Zoning District and Title 22, and with other applicable regulations of the Placentia Municipal Code (PMC).
b. The proposed use is consistent with the City's General Plan.
The General Plan Land Use designation for the subject site low -density residential, and the proposed use does not involve any change in the allowable land use of the subject site. The proposed project involves the subdivision of a 0.48 -acre parcel into three single family residential parcels consistent with the "SP -7" Specific Plan 7 (Low Density Residential subarea) and the General Plan. Therefore, the site is physically suitable for the proposed type and density of development.
c. The proposed project as presented in the staff report and accompanying plans complies with all requirements of Chapter 23.107 of the PMC. City Staff carefully examined the proposed subdivision against the applicable development regulations prescribed in Title 23 (Zoning Ordinance) and determined it to be in substantial compliance. The proposed subdivision includes Conditions of Approval and Standard Development Requirements to ensure full compliance with applicable code requirements and to ensure full compliance with the General Plan, and with applicable design improvements required therein.
d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this Tentative Parcel Map approval. Attachment "1.A" of the staff report (Attachment A to this Resolution) contain Conditions of Approval and Standard Development requirements specific to this application in order to provide assurances that the proposed subdivision and related on and off -site improvements are in compliance with applicable requirements of the PMC.
e. That the proposed map is consistent with the General Plan and with all provisions of Title 22 of the PMC. The proposed Tentative Parcel Map application is to subdivide an existing 0.48 acre parcel into three single family residential lots. The proposed map is consistent with all polices, programs, and goals of the General Plan.
f. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. As part of the review of the application, an extensive record research was completed. Additionally, the application submitted a preliminary title report with their application.
g. That the design of the subdivision or the proposed
improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is an underutilized property Resolution R-2022-75
ATTACHMENT 1
that only has limited vegetation. There are no known areas within the City that host wildlife or their habitat.
Section 3. a. The City Council of the City of Placentia finds that TPM 2022-125 is exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia pursuant to the State CEQA Guidelines § 15315 (Class 15 — Minor Land Divisions) as this subdivision will result in the division of property in an urbanized area zoned for residential use into four or fewer parcels, the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent; b. The City Council finds and determines that, based upon the findings set forth above and below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur; and
c. The City Council finds that facts supporting the above -specified findings are contained in the staff report and exhibits, and the information provided during the public hearing conducted with respect to the Application.
Section 4. Based upon the findings and conclusions set forth herein, the City Council hereby approves Tentative Parcel Map 2022-125, as modified herein, and specifically subject to the conditions set forth in Attachment "1.A." of the staff report (Attachment A to this Resolution) attached hereto and by this reference incorporated herein.
PASSED, ADOPTED and APPROVED this 15th day of November 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2022-75
ATTACHMENT 1
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 15th day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2022-75
ATTACHMENT 1
Attachment A
Special Conditions of Approval for
Tentative Parcel Map No. TPM 2022-125
406 N. Nevin Lane (APN: 341-433-23)
SPECIAL CONDITIONS
If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions listed below and the Standard Development Requirements attached.
ALL OF THE FOLLOWING SPECIAL CONDITIONS OF APPROVAL AND STANDARD
DEVELOPMENT REQUIREMENTS SHALL BE FULLY COMPLIED WITH FOR THE TENTATIVE PARCEL MAP TO CONTINUE IN GOOD STANDING.
DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION:
1. Failure to abide by and faithfully comply with any and all conditions attached to this action shall constitute grounds for revocation or amendment of said actions by the City of Placentia Planning Commission.
2. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision -making body or City staff action concerning applicant's project.
The applicant shall pay the City's defense costs, including attorney fees and all other litigation -related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action.
3. Approval of TPM 2022-125 and the resulting Final Map is contingent upon City Council approval.
4. TPM 2022-125 shall expire twenty-four (24) months after City Council approval or conditional approval if a final map is not recorded. Upon written request by the developer the time limit may be extended an additional twelve (12) months by City Council.
5. The developer/owner of each resulting lot shall be required to join any applicable Homeowner's Association (HOA) that the properties fall within the boundaries of.
6. The developer/owner of each resulting lot shall require HOA (if applicable) review of any landscape or wall/fence plans.
TPM 2022-125 Page 5
7. Prior to the development of the parcels, the Applicant/builder shall submit plans for a Site Plan Review (SPR), whereas all structures, walls, fences, and patios must comply with the underlying Zoning.
8. A final map shall be prepared by or under the direction of a registered Civil Engineer or licensed land surveyor in the State, as provided for in the Business and Professions Code.
9. TPM 2022-125 and the related Final Map shall comply with the applicable requirements of Title 22 Subdivisions of the Placentia Municipal Code.
COA #13
Amended
by Planning
Commissio
n on
10/11/22.
In addition,
all
pedestrian
access to
Nevin Lane
shall be
removed
and
pedestrian
access to
secondary
street
frontages
shall also
be
prohibited.
Any
existing
curb cuts,
driveway
approaches
shall be
replaced
with curb to
the
satisfaction
of the City
Engineer.
10. Any modifications to the approved TPM and any modifications which will change, expand or intensify the use shall be subject to review and approval by the Director of Development Services. The Director of Development Services or his or her designee may determine if such modifications require approval by the Placentia Planning Commission or may be approved administratively by City staff.
11. Prior to final release of any future buildings for occupancy, all Special Conditions of Approval and Standard Development Requirements shall have been completed and final inspections approved.
12. Prior to the development of the parcels, the Applicant will provide certification of well abandonment from CALGEM (California Geologic Energy Management Division) and any mitigation measures needed for development atop and/or in proximity of any oil wells.
13. Prior to the recordation of the Final Parcel Map, an exhibit shall be reviewed and approved by the Director of Development Services or designee, indicating and detailing how public right of way access to Lot 1 on Nevin Lane will be omitted, resulting in only one access point to Lot 1, from Evans Lane.
14. Applicant/builder is responsible, at its sole cost and expense, to cause all cable, telephone, electrical, and other utility services serving the property to be placed underground within the subject site. Prior to the issuance of building permits, applicant/builder shall submit a separate utility plan for each such utility service. The utility plan shall indicate the precise location of where all cable, telephone, electrical, and other utility services serving the property will be placed underground within the subject site, as well as the points of connection at the proposed building or buildings on the site and the public right-of-way. Prior to the submittal of the utility plans to the City, the plans shall be reviewed and approved by the utility companies. Evidence of approvals shall be in the form of a signed and dated approval stamp and/or approval letter. If the precise locations of future utility services cannot be reasonably ascertained prior to the issuance of building permits, upon prior written approval of the Director of Development Services, prior to issuance of a certificate of occupancy. Applicant/builder shall provide the City with "as built" plans showing the precise locations where all cable, telephone, electrical, and other utility services serving the property were placed underground within the subject site, as well as the points of connection at the building or buildings on the site and the public right-of-way.
TPM 2022-125 Page 6
15. Developer shall pay in full to the City of Placentia, any and all applicable citywide Development Impact Fees (including, but not limited to fees relating to recreational facilities, sewer facilities, transportation infrastructure, storm drain facilities, and public safety impacts) adopted by and set forth by the City Council, as set forth in Chapter 5 of the Placentia Municipal Code, in effect at the time building permits are issued prior to issuance of the first building permit for each respective property.
16. Developer and/or property owner agrees to approve the incorporation of the project into Community Facilities District No. CFD 2014-01 (Public Services) pursuant to the provisions of California Government Code Section 53311, et seq. Said annexation into CFD No. 2014- 01 shall be fully completed in accordance with California law prior to issuance of any Certificate of Occupancy for the project.
17. Developer and/or property owner agrees to approve the incorporation of the project into the Landscape Maintenance District No. LMD 1992-01 pursuant to the provisions of California Streets and Highways Code Section 22500, et seq. Said annexation into LMD No. 1992-01 shall be fully completed in accordance with California law prior to issuance of any Certificate of Occupancy for the project.
18. Developer and/or property owner agrees to approve the incorporation of the project into the Street Lighting District No. SLD 1981-01 pursuant to the provisions of California Streets and Highways Code Section 22500, et seq. Said annexation into SLD No. 1981-01 shall be fully completed in accordance with California law prior to issuance of any Certificate of Occupancy for the project.
19. Developer and/or property owner agrees that the City may, at its sole election, require that, instead of annexing into SLD 1981-01 and/or LMD 1992-1, the project shall be incorporated into a Community Facilities District to be created by the City pursuant to the provision of California Government Code Section 53311, et seq; the purpose of which, and the initial amount of the taxes and assessments thereunder, will be substantially the same, in whole or in part, as SLD 1981-1 and/or LMD 1992-1. Developer and/or property owner agrees to approve the incorporation of the project into said Community Facilities District, provided that the incorporation of the new CFD does not otherwise delay the development of the project; in which event the project shall instead be annexed into SLD 1981-01 and/or LMD 1992-
1. Any automatic fee increases for the Community Services District shall not be inconsistent with the approved rate study.
DEVELOPMENT SERVICES DEPARTMENT - BUILDING DIVISON
20. The parcel maps shall be prepared, sealed, and signed by a California licensed land surveyor or a California licensed civil engineer who had been licensed prior to January 1982.
21. Complete orientation of the proposed line between the two parcels shall be addressed on the TPM No. 2022-125.
22. The parcels map after being approved by the City shall be recorded by the Orange County Recording Office.
TPM 2022-125 Page 7
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
23. All improvement and grading plans shall be drawn on twenty-four (24) inches by thirty- six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required.
24. The following items are required for the entitlement review:
a. Preliminary grading and drainage plan.
b. Preliminary geotechnical report.
c. Preliminary hydrology/drainage study.
d. Preliminary Water Quality Management Plan (WQMP) in the form and content per the City's WQMP template.
e. Sewer capacity study.
25. Prior to issuance of Certificate of Occupancy or building final, all existing and new utilities including electric power, telephone, telecommunication fiber and/or cable TV in the street adjacent to and on -site shall be placed underground in accordance with the City of Placentia standards and ordinances.
26. It is the applicant's responsibility to notify all utility companies and the City of Placentia for disconnection and/or relocation of the existing utilities, vaults and meters. It is also the applicant's responsibility to ensure applicant notifies the Building Inspection Division that these utilities have been properly relocated and/or disconnected. Prior to recordation of the final map, the public improvement plans as required shall be prepared and signed by the City Engineer.
27. Prior to issuance of a Certificate of Occupancy, the engineer of record shall submit all approved project and site improvements plans on an AutoCAD DWG and DFX formatted Compact Disc (CD) to the Public Works Department. The applicant shall pay for and provide the City with copies of as -built plans.
28. Recent title report to clarify the ownership and all easements on the property.
29. Provide an erosion control, Storm Water Pollution Prevention Plans (SWPPP) for protection of the site during and post excavation activities.
GRADING
30. Prior to the issuance of a grading permit, the applicant shall prepare a Low Impact Development (LID) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and/or non-structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP) and LID Implementation Guideline.
Website available at ( http://ocwatersheds.com/publiced/residents/glltd) Particular attention TPM 2022-125 Page 8
should be addressed to the appendix section "Best Management Practices for priority redevelopment." The LID shall clearly show the locations of structural or Nonstructural BMP's, and assignment of long-term maintenance responsibilities. The plan shall be prepared to the general form and content and submitted to the Director of Public Works/City Engineer for review and approval.
31. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non-structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long-term maintenance responsibilities (which shall also be included in the Maintenance Agreement).
The plan shall be prepared to the general form and content shown in the City of Placentia's WQMP Template and shall be submitted to the City Engineer for review and approval.
Website available at ( http://www.placentia.org/index.aspx?nid=262)
32. Prior to the issuance of a grading permit, the applicant shall demonstrate to the City Engineer that coverage has been obtained under the California's General Permit for Discharge of Storm Water Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number to the City Engineer. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation. Prior to the issuance of a grading permit, the applicant shall submit to the City Engineer for review a Storm water Pollution Prevention Plan (SWPPP). A copy of the approved SWPPP shall be kept at the project site and available for review upon request.
33. Prior to the issuance of grading permits, the applicant shall prepare and submit a precise grading plan prepared by a licensed civil engineer to the Engineering Division of the Public Works Department showing building footprints, new and revised pads and elevations of finished grades, drainage routes, retaining walls, erosion control, slope easements, structural best management practices (BMPs) conforming to the approved water quality management plan, and other pertinent information. The project development shall accept and make provisions for the existing surface water that are the natural flows from the adjacent properties immediately abutting to the development site.
34. Prior to approval of the final design plans and issuance of a grading permit, the applicant shall conduct a site -specific geotechnical investigation for the entire site and prepare a report that fully assesses the geologic and soil conditions of the site. As part of the report preparation, soil sampling and any geotechnical testing will be completed at each location where structures are to be erected. The report shall provide grading and structural design recommendations for avoiding liquefaction, subsidence or collapse for each of the proposed structures. The recommendations shall be implemented by the Applicant.
TPM 2022-125 Page 9
35. Prior to the issuance of a grading permit, erosion control plans and notes shall be submitted and approved by the Engineering Division of Public Works Department.
36.AII private slopes of 4 feet or more in vertical height and of 4:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy.
37. The development site shall be graded to drain surface water to the existing City storm drain system with no cross -lot drainage permitted. Drainage shall be indicated on the precise grading plans.
38. Surety and agreement guaranteeing completion of all on -site grading improvements including drainage, structural BMPs, erosion control, grading operations shall be posted and executed to the satisfaction of the City Engineer prior to the issuance of grading permits.
39. The final grading plan for this parcel shall be substantially the same, specifically regarding pad elevations, size, and configuration as the proposed grading illustrated on the approved site plan. If there is a significant deviation between the two plans the Community Development Director and the City Engineer will review the plans and determine if a finding of substantial conformance can be made prior to the issuance of a grading permit. The Development Services Director and the City Engineer may refer the matter to the Planning Commission for an opinion before deciding.
40.AII parking, common, and storage areas shall be lighted to maintain a minimum of 1 - foot candle power. These areas should be lighted from sunset to sunrise and be on photo censored cell.
41. The site grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency with each other and for consistency with the requirements and standards of the City of Placentia.
42. The applicant shall provide a quitclaim or relocation of existing easements as applicable in the plan review process prior to issuance of grading permit.
43. Provide and identify all pavement and driveway paving materials used inside and outside of the development areas. Identify all storm drain structures, types, sizes, and specifications on the plans.
44. Preliminary WQMP shall include a feasibility check to ensure the proposed infiltration BMPs are not proposed to be within 100 feet horizontally of a water supply well and/or non -potable well for the protection of groundwater quality per Orange County TGD.
Golden State Water Company currently operates a water well pump at the northwest corner of Bradford Avenue and Crowther Avenue.
Public Improvements and Construction
TPM 2022-125 Page 10
45. Applicant shall be responsible for reconstruction of the existing pavement within the limits of the project. The applicant shall provide street resurfacing using grind to a depth of 2 -inch and 2 -inch overlay. Applicant may also be responsible for reconstruction of the driveway approaches, sidewalks, curb and gutters, streetlights, and street trees as determined by the City Engineer. The limit of the paving shall include full width of the street along the entire property frontage.
All public improvements shown on the plans and the map shall be constructed to the City of Placentia's standards, ordinances, policies
46. Prior to issuance of 1st occupancy permit, all new public improvements including curb, gutter, sidewalk, asphalt concrete pavement, and streetlights within property boundaries shall be constructed satisfactorily to the City Engineer.
47. Improvement plans shall be based upon a centerline profile extending beyond the project boundaries a minimum distance of 150 feet at a grade and alignment approved by the City Engineer.
48. All ADA improvements constructed within the public right of way must meet the latest ADA and CBC standards and will require CASp inspection during construction and be certified by the CASp inspector. All CASp inspection and related activities shall be provided and paid for by the applicant and the developer.
49. Prior to recordation of final map or issuance of building permit if recordation has already been accomplished, the applicant shall enter into an agreement and post security bond, in a form and amount acceptable to the City Engineer, guaranteeing the construction of public improvements in conformance with applicable City standards and the City Code, including, but not limited to the following:
50. Street improvement including, but not limited to: pavement, curb and gutter, sidewalks, driveway approaches, street lights, signing, striping, traffic signal systems and other traffic control devices as appropriate.
a. Storm drain facilities
b. Landscaping
c. Sewer systems
d. Street lighting
Storm Drain Improvements and Construction
51. The project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. Unless otherwise approved by the Public Works Director.
52. Drainage easements, when required, shall be shown on the grading plans, and noted as follows: "Drainage Easement - no buildings, obstructions, or encroachments by landfills are allowed."
53. The project shall be designed to accept and properly dispose of all off -site drainage flowing TPM 2022-125 Page 11
onto or through the site. The storm drain design and improvements shall be subject to review and approval by City Engineer. The hydraulics and hydrology report shall include detailed drainage studies indicating how the grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, BMP treatment and LID, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood per the Orange County Hydrology Manual. The project development shall be designed to accept and properly dispose of all off -site drainage flowing onto or through the site. If the quantities exceed the existing downstream capacity, the developer shall provide adequate drainage facilities to mitigate the impact as approved by the City Engineer.
54. Prior to the approval of the improvement plans, the hydrology study shall show that the 25 -year storm flow will be contained within the street from curb to curb and the 100 -year storm flow shall be contained within the street right-of-way. When either of these criteria are exceeded, additional drainage facilities shall be installed. All analysis shall comply with the Orange County Hydrology Manual and County Local Drainage Manual.
55. The post development peak flow rate generated from the project site shall be less than or equal to the predevelopment peak flow rate from the site for all frequency storms up to and including 100 -year return.
56. Drainage facilities with sump conditions shall be designed to convey the tributary 100 - year storm flows. Secondary emergency flow bypass shall also be provided as approved by City Engineer.
Sewer Tine Improvements and Construction
57. Sewer flow calculations justifying pipeline design and connection to the main shall be prepared by a registered civil engineer and submitted as a part of an improvement plan for approval by the City Engineer. Provide sewer capacity analysis in accordance with the City's Guidelines to evaluate the proposed sewer flow rates into the City sewer system using current flow rate and for pipeline capacity availability. Please see attached "Sewer Capacity Guidelines."
58. Prior to issuance of building permits, the developer's engineer shall analyze and mitigate any sewer system deficiencies for all phases of the proposed development.
Results of the system analysis may require special construction such as booster pumps, upsize the downstream pipes and backwater valves. The engineering analysis and special construction requirements shall be subject to review and approval of City Engineer.
59.Onsite water improvement and fire protection plans shall be approved by the Fire Marshal, the local water district, and City Engineer. The water distribution lines and appurtenances shall conform to the applicable laws and adopted regulations enforced by the Golden State Water Company.
TPM 2022-125 Page 12
60. Prior to the issuance of a building permit, the applicant shall dedicate ingress and egress of the access route within the project site and improve it fully operational as required by the Orange County Fire Authority and satisfaction to the City Engineer.
61. The applicant shall submit a Will Serve Letter from Orange County Sanitation District and Golden State Water Company.
62. Installation of new sanitary sewer manholes may be required at the discretion of the City Engineer and OCSC. All sanitary sewer improvements shall be in accordance with the latest OC Public Works Department Standards.
Traffic
63. Provide new and modify the existing striping modifications within the limits of the new paving and the project.
Final Map
64. Applicant shall provide a quitclaim or relocation of any existing easements that affect the proposed development.
65. The applicant shall prepare and submit a preliminary title report not older than 90 days.
66. Prior to approval of the Final Map, pursuant to the Subdivision Improvement Agreement for Public Improvements, the developer shall provide security in an amount specified in writing by the Registered Civil Engineer or a Licensed Land Surveyor of record. The developer shall enter into an agreement for providing the necessary right- of-way design and construction of missing public improvements, which shall be constructed in coordination with adjacent existing improvements prior to occupancy of the development and subject to review and approval by the City Engineer.
67. Prior to the exoneration of any security, the applicant shall submit one (1) duplicate Mylar of the final map and all as built public improvement plans, in a manner acceptable to the City Engineer.
68. This project falls under the City's Municipal Code: 8.04.390 Special requirements for construction/deconstruction waste. This is to ensure the diversion of at least fifty (50) percent of all construction/deconstruction waste generated within the city the following special requirements apply to all covered projects as listed in Section 8.04.400:
a) All contractors or owner -builders applying for a permit are required to complete a project form and attest that only an authorized city agent will be used to haul debris and other solid waste generated by that project.
b) All contractors or owner -builders are required to place a deposit with the city to ensure their compliance with the required use of an authorized city agent. The specific deposit amount shall be an equivalent to One (1.00) percent of the total project value.
TPM 2022-125 Page 13
c) Upon completion of the project, and if proof deemed satisfactory by the city confirms that all solid waste hauling for that project was done by an authorized city agent then a full refund of the deposit will be made. Acceptable forms of proof are weight tickets, collection receipts, billings, or similar statements from an authorized city agent showing that they performed solid waste collection at the location established for that project. It is the contractor's or owner -builders' responsibility to provide receipts covering all hauling activity for that project. Failure to provide complete records will be deemed as noncompliance.
d) Failure to provide receipts or other acceptable proof of compliance for all solid waste hauling on a project will result in the forfeiture of one hundred (100) percent of deposited funds. (O-2011-08 § 2, 2011)
FIRE DEPARTMENT
69. A stand alone residential site plan is required for the proposed residence. Provide a detailed site pan that shows compliance with CFC 503. The site plan shall indicate the square footage of the proposed residence. Indicate on the site plan the location of the nearest fire hydrant to the property line.
70. Evidence of sufficient fire flow if 1,500 GPM for 2 hours shall be provided to the City of Placentia. The City of Placentia Building and Fire Marshal Water Availability/Fire Flow form shall be utilized.
71. The property is located in an Administrative Boundary as indicated by the Division of Oil, Gas and Geothermal Resources (D.O.G.G.R.). These are areas that have the potential for methane soil contamination. A licensed geotechnical company shall submit the report. If the report indicates elevated levels of methane, methane mitigation will be required for the proposed structure.
TPM 2022-125 Page 14
I
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PROPOSED LOT NUMBER
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EXISTING WATER MAIN
EXISTING FIRE HYDRANT
PROPOSED SEWER MAIN
PROPOSED WATER MAIN
PROPOSED FIRE HYDRANT
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PROPOSED PVC DRAIN
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FATATIVE PARC _ FL MAP No. 2022425
NEVIN LANE
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IN THE CITY OF PLACENTIA„ COUNTY OF ORANGE STATE O _ V CALIFORNIA +297.6
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SUBDIVIDER:
REALM California, LLC
1746 F South Victoria Avenue, #245
VENTURA, CA 93003
Contact: Blain Meith 985..630..9165
[email protected]
P
t
EPARED
KING CIVIL, ENGINEERING CORP
267'02 VALPARIS© DRIVE
MISSION VIEJO, CA 92691
Contact: Tom King 714=996..7'OlO
[email protected]
TOPO 226
��",Write a description for your map.
7' O S525,3
arid
UTILITY PURVEYORS:
Legend
33.876012.-117.836506
N
I
BENCIMA
p
K:
DESCRIBED BY OCS 2003 - FOUND 3 3\4" OCS
ALUMINUM BENCHMARK DISK STAMPED "2C-100-75",
SET IN THE SOUTHWESTERLY CORNER OF A 4 F. BY 8 FT.
CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE
NORTHWESTERLY CORNER OF THE INTERSECTION OF BUENA VISTA AVENUE AND JEFFERSON STREET, 155 F. WESTERLY OF THE
CENTERLINE OF JERFFERSON AND 28.5 F. NORTHERLY OF THE
CENTERLINE OF BUENA VISTA. MONUMENT IS SET LEVEL WITH THE SIDEWALK.
BENCHMARK: 2C-100-75 305.977 NAVD88 YEAR 2006
NOTES:
1. Proposed Use: Single Family Residential
2. Development of Lot: Fully Developed Lots.
3. All Existing Structures On Site To Be Demolished.
4. Flood Zone "X".
5. Assessor's Parcel No. 341-433-23
6. Subdivider intends to comply with all requirements in Chapters in regards to construction and erosion control.
7. Specific Plan 7 Zoning District.
8. Vehicular access rights fronting Nevin Lane to be relinquisted.
PFLS NOTES:
WATER: GOLDEN STATE WATER COMPANY
1920 W. CORPORATE WAY
ANAHEIM, CA. 92801
SEWER: CITY OF PLACENTIA
DEPARTMENT OF PUBLIC WORKS
401 E. CHAPMAN AVENUE
PLACENTIA, CA. 92870
GAS: SOUTHERN CALIFORNIA GAS CO.
1919 S. STATE COLLEGE BLVD., SUITE G
ANAHEIM, CA. 92830
ELECTRIC: SOUTHERN CALIFORNIA EDISON CO.
1851 W. VALENCIA DRIVE
FULLERTON, CA. 92833
TRASH: REPUBLIC DISPOSAL SERVICES
1131 N. BLUE GUM STREET
TELEPHONE: AT&T
3939 E. CORONADO ST., SECOND FLOOR
ANAHEIM, CA. 92807
CABLE TV: TIME -WARNER
20.20,22.16 through 22.64 and other laws of the City
1. All fire lane signs or red curb areas shall be shown on a site plan approved by the PFLS.
2. All structures will be protected with an approved automatic fire sprinkler system.
I, THOMAS A. KING, DEPOSE AND STATE THAT THE OWNERS
OF THIS PROPERTY COMPRISING THE PROPOSED SUBDIVISION
NO. 2022125 SHOWN ON THIS MAP, HAVE CONSENTED TO THE
PREPARATION AND SUBMISSION OF THIS MAP.
THOMAS A. KING R.C.E. NO. 16916
DATED THIS 15 DAY OF AUGUST, 2022
SHE
T1OF1
Aerial A.
ATTACHMENT 2. VICINITY AND ZONING MAP
TPM 2022-125; 406 NEVIN LN.
f
Zoning Code
_ C-1
- C-1 (0)
- C-1 (0-1)
C-2
C -2-H65
C -M
C-0
M
M (O)
M (PMD)
PUD-1
PUD-2
PUD-2 (0)
- PUD-3
- PUD-3 (0)
- PUD-4
R-1
R-1 (MHP)
R-1 (0)
R-2
R-2 (MHP)
R-3
R-3 (0-1)
R -A
R -G
R -G (0)
R -G(0) 8 C-1 (0)
RPC (0)
SP -1
SP -2
- SP -3
_SP -4
- SP -5
- SP -6 (0)
- SP -7
- SP -8
- SP -9
- SP -10
-T--C
- Old Town
- TOD
N/A
Aerial B.
TO:
VIA:
FROM:
DATE:
SUBJECT:
FISCAL
IMPACT:
SUMMARY:
Placentia City Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
NOVEMBER 15, 2022
AGENDA REPORT
TENTATIVE PARCEL MAP NO. TPM 2022-127 PERTAINING TO THE SUBDIVISION OF AN +I- 0.40 ACRE LOT INTO TWO PARCELS LOCATED AT 1421 CISNEROS LANE WITHIN SP -7 (SPECIFIC PLAN 7)
APPROXIMATELY $15,764 OF TOTAL DEVELOPMENT IMPACT FEE REVENUE
PRIOR TO CONSTRUCTION OF TWO NEW SINGLE-FAMILY RESIDENCES At the Planning Commission meeting held October 11, 2022, the Planning Commission voted 4-0-3 (3 absent) to recommend approval of TPM 2022-127 to the City Council. TPM 2022-127 is a request to subdivide one existing parcel into two (2) parcels for property located at 1421 Cisneros Lane. In accordance with Placentia Municipal Code (PMC) Sections 22.80.060 and
22.80.070, the Planning Commission hereby submits a report of its findings and recommends approval of TPM 2022-127 to the City Council.
RECOMMENDATION:
It is recommended that the City Council take the following action:
Adopt Resolution R-2022-76, a Resolution of the City Council of the City of Placentia, California, adopting a categorical exemption pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000-21177 and §15000 et seq. of Title 14 of the California Code of Regulations) (CEQA) and Approving Tentative Parcel Map No. TPM 2022-127 pertaining to the subdivision of property located at 1421 Cisneros Lane (Assessor's Parcel Number 341-433-48) and making findings in support thereof.
STRATEGIC PLAN STATEMENT:
This item is consistent with the City Council approved 5 -Year Strategic Goal to achieve:
Implementation of Housing Element Strategies, Objective Number 3.10. This agenda item will specifically create opportunities for the development of more housing in the City.
1.n.
Nov 15, 2022
City Council Agenda
November 15, 2022
BACKGROUND:
PMC Section 22.80.010(a) requires a Parcel Map for all subdivisions of four (4) or fewer parcels and PMC Section 22.80.060(c) requires that the Planning Commission take action to recommend to the City Council conditional approval or denial of the subdivision map. At the Planning Commission meeting held October 11, 2022, the Planning Commission voted 4-0-3, to recommend approval of TPM 2022-127 to the City Council.
DISCUSSION:
The subject site is located at the terminus of Mykkanen Circle and extends southerly to Cisneros Lane. There is currently access to the parcel from both Cisneros Lane and Mykkanen Circle. The Parcel Map will subdivide the existing 17,424 square foot lot into two (2) lots.
Parcel No.
Lot Size (square
feet)
Lot Size (acres)
Minimum Lot Size
Required in SP -7
(LDR Designation)
6,000 sq. ft.
1 8,928 sq. ft.
.20 acres
2 8,517 sq. ft.
.20 acres
6,000 sq. ft.
•
]66 � • OIL WENLL
70 BE ABADONED
1 8.928 S F. y �
ALQOSnrlE AAIPf�wtY� '
Lot 1 is located on the westerly side of the
parcel and contains an oil well that will be
abandoned per CALGEM and Fire
Department requirements. The lot size is
well above the average lot size of 7,000 in
SP -7 and meets the minimum width
requirement, with approximately 79 feet.
Currently the lot has access to both
Mykkanen Circle on the north and Cisneros
Lane on the south. The Placentia Municipal
Code (PMC) states in 22.16.050 (d) Double
frontage lots shall be prohibited except as
provided in Chapter 22.68. The referred
Chapter 22.68 lists variances. The applicant
is not requesting a variance but will remove
the existing gate access on Cisneros Lane
and continue the existing six (6) foot block
wall, so the lot does not have double
frontage. The lot will front on Mykkanen
Circle.
Lot 2 is located on the easterly side of the parcel and meets minimum lot and width size requirements. With SP -7 requiring minimum 6,000 square foot lots, with 7,000 square feet being the average, Lot 2 will be 8,517 square feet and 83.22 feet in width.
City Council Agenda
November 15, 2022
Subject Site and Surrounding Land Uses:
The subject site is located within an existing single-family residential district on the SEC of 1421 Cisneros Lane (APN 341-433-48). The table below shows surrounding existing land uses, zoning, and General Plan and Specific Plan Land Use designations. The site contains an oil well on what is proposed as "Lot 1", which will be abandoned by the applicant utilizing CALGEM standards and requirements, as well as Fire Department regulations.
Surrounding Land Uses:
Location
Existing Land
Use
General Plan Land
Use Element
Designation
Zoning Map
Designation
Specific Plan
Land Use
Designation
Subject Site
Vacant
Specific Plan
SP -7 (Specific
Plan 7)
Low Density
Residential
North, South,
East, & West
Single -Family
Residential
Specific Plan
SP -7
Low Density
Residential
ENVIRONMENTAL:
The proposed application was reviewed by Staff in accordance with the requirements of the California Environmental Quality Act (CEQA), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia. As part of their actions taken on October 11, 2022, the Planning Commission recommended that the City Council find that TPM 2022-127 is exempt from CEQA pursuant to State CEQA Guidelines §15315 (Class 15 - Minor Land Divisions), as it applies to the division of property in urbanized areas zoned for residential use into four or fewer parcels, when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than twenty percent (20%). The proposed subdivision meets all criteria for this exemption, therefore Staff and the Planning Commission recommend adoption of a categorical exemption pursuant to §15315 (Class 15 - Minor Land Divisions).
CONCLUSION:
The proposed project is consistent with the City's General Plan and meets the minimum development standards of the PMC. Including the recommended conditions of approval, the proposed subdivision located within the existing SP -7 District will be compatible with adjacent land uses and will not result in any adverse impacts to the surrounding area.
City Council Agenda
November 15, 2022
FISCAL IMPACT:
Pursuant to PMC Chapter 5.02 all new development is subject to Citywide Development Impact Fees. The proposed Tentative Parcel Map will result in two (2) additional lots that will be eligible for development. Based on the zoning designation, one single family residence can be developed on the resulting new lots of parcels 1 and 2. The subsequent construction of two (2) new homes will result in approximately $15,764 of total Development Impact Fee revenue. It should be noted that future construction will also require payment of user fees such as building plan check and building permit fees.
Prepar
Lesl_y Whit :ker
Asso L late P . nner
Reviewed and approved:
Jennife Lampman
Director of Finance
Reviewed and approved:
Jo -e• M lambert
Director of Development Services
Reviewed and approve±
Damien R. Arrula
City Administrator
Attachments:
1. Resolution No. R-2022-76 Related to TPM 2022-127
Attachment A: Conditions of Approval for TPM 2022-127
1. TPM 2022-127 Tentative Parcel Map
2. Vicinity/Zoning Map
RESOLUTION NO. R-2022-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, ADOPTING A CATEGORICAL
EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE
§§ 21000-21177 AND §15000 ET SEQ. OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS) (CEQA) AND
APPROVING TENTATIVE PARCEL MAP (TPM) 2022-127
PERTAINING TO THE SUBDIVISION OF PROPERTY LOCATED
AT 1421 CISNEROS LANE (ASSESSOR'S PARCEL NUMBER
341-433-48) AND MAKING FINDINGS IN SUPPORT THEREOF
A. Recitals.
WHEREAS, On October 11, 2022, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, recommending to the City Council of the City of Placentia, approval of Tentative Parcel Map No. TPM 2022-127 for the property located at 1421 CisnerosOLane.
WHEREAS, The Planning Commission heard testimony, received a report and other relevant information from City staff and members of the public including Blain Meith ("Applicant" hereinafter), regarding a Tentative Parcel Map application.
WHEREAS, 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:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to this City Council with regard to the Application, including written staff reports, verbal testimony and development plans, the City Council hereby specifically finds as follows:
a. The proposed project will not be: (1) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (2) injurious to the property or improvements within the neighborhood or within the city. The subject subdivision is not likely to cause serious public health problems. Subject to compliance with the attached Conditions of Approval set forth in Attachment "1.A." of the staff report (Attachment A to this Resolution) and by this reference incorporated herein and Standard Development Resolution R-2022-76
ATTACHMENT 1
Requirements, the project complies with all applicable code requirements and development standards of the "SP -7" Specific Plan 7 (Low Density Residential subarea) Residential Zoning District and Title 22, and with other applicable regulations of the Placentia Municipal Code (PMC).
b. The proposed use is consistent with the City's General Plan.
The General Plan Land Use designation for the subject site low -density residential, and the proposed use does not involve any change in the allowable land use of the subject site. The proposed project involves the subdivision of a 0.4 -acre parcel into two single family residential parcels consistent with the "SP -7" Specific Plan 7 (Low Density Residential subarea) and the General Plan. Therefore, the site is physically suitable for the proposed type and density of development.
c. The proposed project as presented in the staff report and accompanying plans complies with all requirements of Chapter 23.107 of the PMC. City Staff carefully examined the proposed subdivision against the applicable development regulations prescribed in Title 23 (Zoning Ordinance) and determined it to be in substantial compliance. The proposed subdivision includes Conditions of Approval and Standard Development Requirements to ensure full compliance with applicable code requirements and to ensure full compliance with the General Plan, and with applicable design improvements required therein.
d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this Tentative Parcel Map approval. Attachment "1.A" of the staff report (Attachment A to this Resolution) contain Conditions of Approval and Standard Development requirements specific to this application in order to provide assurances that the proposed subdivision and related on and off -site improvements are in compliance with applicable requirements of the PMC.
e. That the proposed map is consistent with the General Plan and with all provisions of Title 22 of the PMC. The proposed Tentative Parcel Map application is to subdivide an existing 0.40 acre parcel into two single family residential lots. The proposed map is consistent with all polices, programs, and goals of the General Plan.
f. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. As part of the review of the application, an extensive record research was completed. Additionally, the application submitted a preliminary title report with their application.
g. That the design of the subdivision or the proposed
improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is an underutilized property Resolution R-2022-76
ATTACHMENT 1
that only has limited vegetation. There are no known areas within the City that host wildlife or their habitat.
Section 3. a. The City Council of the City of Placentia finds that TPM 2022-127 is exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia pursuant to the State CEQA Guidelines § 15315 (Class 15 — Minor Land Divisions) as this subdivision will result in the division of property in an urbanized area zoned for residential use into four or fewer parcels, the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent; b. The City Council finds and determines that, based upon the findings set forth above and below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur; and
c. The City Council finds that facts supporting the above -specified findings are contained in the staff report and exhibits, and the information provided during the public hearing conducted with respect to the Application.
Section 4. Based upon the findings and conclusions set forth herein, the City Council hereby approves Tentative Parcel Map 2022-127, as modified herein, and specifically subject to the conditions set forth in Attachment "1.A." of the staff report (Attachment A to this Resolution) attached hereto and by this reference incorporated herein.
PASSED, ADOPTED and APPROVED this 15th day of November 2022.
Rhonda Shader, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2022-76
ATTACHMENT 1
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 15th day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2022-76
ATTACHMENT 1
Attachment A
Special Conditions of Approval for
Tentative Parcel Map TPM No. 2022-127
1421 Cisneros Lane (APN: 341-433-48)
SPECIAL CONDITIONS
If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions listed below and the Standard Development Requirements attached.
ALL OF THE FOLLOWING SPECIAL CONDITIONS OF APPROVAL AND STANDARD
DEVELOPMENT REQUIREMENTS SHALL BE FULLY COMPLIED WITH FOR THE TENTATIVE PARCEL MAP TO CONTINUE IN GOOD STANDING.
DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION:
1. Failure to abide by and faithfully comply with any and all conditions attached to this action shall constitute grounds for revocation or amendment of said actions by the City of Placentia Planning Commission.
2. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision -making body or City staff action concerning applicant's project.
The applicant shall pay the City's defense costs, including attorney fees and all other litigation -related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action.
3. Approval of TPM 2022-127 and the resulting Final Map is contingent upon City Council approval.
4. TPM 2022-127 shall expire twenty-four (24) months after City Council approval or conditional approval if a final map is not recorded. Upon written request by the developer the time limit may be extended an additional twelve (12) months by City Council.
5. The developer/owner of each resulting lot shall be required to join any applicable Homeowner's Association (HOA) that the properties fall within the boundaries of.
TPM 2022-127 Page 5
6. Prior to the development of the parcels, the Applicant/builder shall submit plans for a Site Plan Review (SPR), whereas all structures, walls, fences, and patios must comply with the underlying Zoning.
7. The developer/owner of each resulting lot shall require HOA (if applicable) review of any landscape or wall/fence plans.
8. A final map shall be prepared by or under the direction of a registered Civil Engineer or licensed land surveyor in the State, as provided for in the Business and Professions Code.
9. TPM 2022-127 and the related Final Map shall comply with the applicable requirements of Title 22 Subdivisions of the Placentia Municipal Code.
10. Any modifications to the approved TPM and any modifications which will change, expand, or intensify the use shall be subject to review and approval by the Director of Development Services. The Director of Development Services or his or her designee may determine if such modifications require approval by the Placentia Planning Commission or may be approved administratively by City staff.
COA #13
Amended by
Planning
Commission
on 10/11/22.
In addition, all
pedestrian
access to
Cisneros
Lane shall be
removed and
pedestrian
access to
secondary
street
frontages
shall also be
prohibited.
Any existing
curb cuts,
driveway
approaches
shall be
replaced with
curb to the
satisfaction of
the City
11. Prior to final release of the buildings for occupancy, all Special Conditions of Approval and Standard Development Requirements shall have been completed and final inspections approved.
12. Prior to the development of the parcels, the Applicant will provide certification of well abandonment from CALGEM (California Geologic Energy Management Division) and any mitigation measures needed for development atop and/or in proximity of any oil wells.
13. Prior to the recordation of the Final Parcel Map, an exhibit shall be reviewed and approved by the Director of Development Services or designee, indicating, and detailing how public right of way access to Lot 1 on E. Cisneros Lane will be omitted, resulting in only one access point to Lot 1, from Mykkanen Circle.
14. Applicant/builder is responsible, at its sole cost and expense, to cause all cable, telephone, electrical, and other utility services serving the property to be placed underground within the subject site. Prior to the issuance of building permits, applicant/builder shall submit a separate utility plan for each such utility service. The utility plan shall indicate the precise location of where all cable, telephone, electrical, and other utility services serving the property will be placed underground within the subject site, as well as the points of connection at the proposed building or buildings on the site and the public right-of-way. Prior to the submittal of the utility plans to the City, the plans shall be reviewed and approved by the utility companies. Evidence of approvals shall be in the form of a signed and dated approval stamp and/or approval letter. If the precise locations of future utility services cannot be reasonably ascertained prior to the issuance of building permits, upon prior written approval of the Director of Development Services, prior to issuance of a certificate of occupancy. Applicant/builder shall provide the City with "as built" plans showing the precise locations where all cable, telephone, electrical, and other utility services serving the property were placed underground within the subject site, TPM 2022-127 Page 6
as well as the points of connection at the building or buildings on the site and the public right-of-way.
15. Developer shall pay in full to the City of Placentia, any and all applicable citywide Development Impact Fees (including, but not limited to fees relating to recreational facilities, sewer facilities, transportation infrastructure, storm drain facilities, and public safety impacts) adopted by and set forth by the City Council, as set forth in Chapter 5 of the Placentia Municipal Code, in effect at the time building permits are issued prior to issuance of the first building permit for each respective property.
16. Developer and/or property owner agrees to approve the incorporation of the project into Community Facilities District No. CFD 2014-01 (Public Services) pursuant to the provisions of California Government Code Section 53311, et seq. Said annexation into CFD No. 2014- 01 shall be fully completed in accordance with California law prior to issuance of any Certificate of Occupancy for the project.
17. Developer and/or property owner agrees to approve the incorporation of the project into the Landscape Maintenance District No. LMD 1992-01 pursuant to the provisions of California Streets and Highways Code Section 22500, et seq. Said annexation into LMD No. 1992-01 shall be fully completed in accordance with California law prior to issuance of any Certificate of Occupancy for the project.
18. Developer and/or property owner agrees to approve the incorporation of the project into the Street Lighting District No. SLD 1981-01 pursuant to the provisions of California Streets and Highways Code Section 22500, et seq. Said annexation into SLD No. 1981-01 shall be fully completed in accordance with California law prior to issuance of any Certificate of Occupancy for the project.
19. Developer and/or property owner agrees that the City may, at its sole election, require that, instead of annexing into SLD 1981-01 and/or LMD 1992-1, the project shall be incorporated into a Community Facilities District to be created by the City pursuant to the provision of California Government Code Section 53311, et seq; the purpose of which, and the initial amount of the taxes and assessments thereunder, will be substantially the same, in whole or in part, as SLD 1981-1 and/or LMD 1992-1. Developer and/or property owner agrees to approve the incorporation of the project into said Community Facilities District, provided that the incorporation of the new CFD does not otherwise delay the development of the project; in which event the project shall instead be annexed into SLD 1981-01 and/or LMD 1992-
1. Any automatic fee increases for the Community Services District shall not be inconsistent with the approved rate study.
DEVELOPMENT SERVICES DEPARTMENT - BUILDING DIVISON
20. The parcel maps shall be prepared, sealed, and signed by a California licensed land surveyor or a California licensed civil engineer who had been licensed prior to January 1982.
21. Complete orientation of the proposed line between the two parcels shall be addressed on the TPM No. 2022-127.
TPM 2022-127 Page 7
22. The parcels map after being approved by the City shall be recorded by the Orange County Recording Office.
PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION
23. All improvement and grading plans shall be drawn on twenty-four (24) inches by thirty- six (36) inch Mylar and signed by a registered civil engineer or other registered/licensed professional as required.
24. The following items are required for the entitlement review:
a. Preliminary grading and drainage plan.
b. Preliminary geotechnical report.
c. Preliminary hydrology/drainage study.
d. Preliminary Water Quality Management Plan (WQMP) in the form and content per the City's WQMP template.
e. Sewer capacity study.
25. Prior to issuance of Certificate of Occupancy or building final, all existing and new utilities including electric power, telephone, telecommunication fiber and/or cable TV in the street adjacent to and on -site shall be placed underground in accordance with the City of Placentia standards and ordinances.
26. It is the applicant's responsibility to notify all utility companies and the City of Placentia for disconnection and/or relocation of the existing utilities, vaults and meters. It is also the applicant's responsibility to ensure applicant notifies the Building Inspection Division that these utilities have been properly relocated and/or disconnected. Prior to recordation of the final map, the public improvement plans as required shall be prepared and signed by the City Engineer.
27. Prior to issuance of a Certificate of Occupancy, the engineer of record shall submit all approved project and site improvements plans on an AutoCAD DWG and DFX formatted Compact Disc (CD) to the Public Works Department. The applicant shall pay for and provide the City with copies of as -built plans.
28. Recent title report to clarify the ownership and all easements on the property.
29. Provide an erosion control, Storm Water Pollution Prevention Plans (SWPPP) for protection of the site during and post excavation activities.
GRADING
30. Prior to the issuance of a grading permit, the applicant shall prepare a Low Impact Development (LID) specifically identifying the Best Management Practices (BMP's) that will TPM 2022-127 Page 8
be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and/or non-structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP) and LID Implementation Guideline.
Website available at ( http://ocwatersheds.com/publiced/residents/glltd) Particular attention should be addressed to the appendix section "Best Management Practices for priority redevelopment." The LID shall clearly show the locations of structural or Nonstructural BMP's, and assignment of long-term maintenance responsibilities. The plan shall be prepared to the general form and content and submitted to the Director of Public Works/City Engineer for review and approval.
31. Prior to the issuance of a grading permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non-structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long-term maintenance responsibilities (which shall also be included in the Maintenance Agreement).
The plan shall be prepared to the general form and content shown in the City of Placentia's WQMP Template and shall be submitted to the City Engineer for review and approval.
Website available at ( http://www.placentia.org/index.aspx?nid=262)
32. Prior to the issuance of a grading permit, the applicant shall demonstrate to the City Engineer that coverage has been obtained under the California's General Permit for Discharge of Storm Water Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number to the City Engineer. Construction activity subject to this permit includes clearing, grading and disturbances to the ground such as stockpiling, or excavation. Prior to the issuance of a grading permit, the applicant shall submit to the City Engineer for review a Storm water Pollution Prevention Plan (SWPPP). A copy of the approved SWPPP shall be kept at the project site and available for review upon request.
33. Prior to the issuance of grading permits, the applicant shall prepare and submit a precise grading plan prepared by a licensed civil engineer to the Engineering Division of the Public Works Department showing building footprints, new and revised pads and elevations of finished grades, drainage routes, retaining walls, erosion control, slope easements, structural best management practices (BMPs) conforming to the approved water quality management plan, and other pertinent information. The project development shall accept and make provisions for the existing surface water that are the natural flows from the adjacent properties immediately abutting to the development site.
34. Prior to approval of the final design plans and issuance of a grading permit, the applicant shall conduct a site -specific geotechnical investigation for the entire site and prepare a report that fully assesses the geologic and soil conditions of the site. As part of the report preparation, soil sampling and any geotechnical testing will be completed at each location where structures are to be erected. The report shall provide grading and structural design recommendations for avoiding liquefaction, TPM 2022-127 Page 9
subsidence or collapse for each of the proposed structures. The recommendations shall be implemented by the Applicant.
35. Prior to the issuance of a grading permit, erosion control plans and notes shall be submitted and approved by the Engineering Division of Public Works Department.
36.AII private slopes of 4 feet or more in vertical height and of 4:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy.
37. The development site shall be graded to drain surface water to the existing City storm drain system with no cross -lot drainage permitted. Drainage shall be indicated on the precise grading plans.
38. Surety and agreement guaranteeing completion of all on -site grading improvements including drainage, structural BMPs, erosion control, grading operations shall be posted and executed to the satisfaction of the City Engineer prior to the issuance of grading permits.
39. The final grading plan for this parcel shall be substantially the same, specifically regarding pad elevations, size, and configuration as the proposed grading illustrated on the approved site plan. If there is a significant deviation between the two plans the Community Development Director and the City Engineer will review the plans and determine if a finding of substantial conformance can be made prior to the issuance of a grading permit. The Development Services Director and the City Engineer may refer the matter to the Planning Commission for an opinion before deciding.
40.AII parking, common, and storage areas shall be lighted to maintain a minimum of 1 - foot candle power. These areas should be lighted from sunset to sunrise and be on photo censored cell.
41. The site grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency with each other and for consistency with the requirements and standards of the City of Placentia.
42. The applicant shall provide a quitclaim or relocation of existing easements as applicable in the plan review process prior to issuance of grading permit.
43. Provide and identify all pavement and driveway paving materials used inside and outside of the development areas. Identify all storm drain structures, types, sizes, and specifications on the plans.
44. Preliminary WQMP shall include a feasibility check to ensure the proposed infiltration BMPs are not proposed to be within 100 feet horizontally of a water supply well and/or non -potable well for the protection of groundwater quality per Orange County TGD.
Golden State Water Company currently operates a water well pump at the northwest TPM 2022-127 Page 10
corner of Bradford Avenue and Crowther Avenue.
Public Improvements and Construction
45. Applicant shall be responsible for reconstruction of the existing pavement within the limits of the project. The applicant shall provide street resurfacing using grind to a depth of 2 -inch and 2 -inch overlay. Applicant may also be responsible for reconstruction of the driveway approaches, sidewalks, curb and gutters, streetlights, and street trees as determined by the City Engineer. The limit of the paving shall include full width of the street along the entire property frontage.
All public improvements shown on the plans and the map shall be constructed to the City of Placentia's standards, ordinances, policies
46. Prior to issuance of 1st occupancy permit, all new public improvements including curb, gutter, sidewalk, asphalt concrete pavement, and streetlights within property boundaries shall be constructed satisfactorily to the City Engineer.
47. Improvement plans shall be based upon a centerline profile extending beyond the project boundaries a minimum distance of 150 feet at a grade and alignment approved by the City Engineer.
48. All ADA improvements constructed within the public right of way must meet the latest ADA and CBC standards and will require CASp inspection during construction and be certified by the CASp inspector. All CASp inspection and related activities shall be provided and paid for by the applicant and the developer.
49. Prior to recordation of final map or issuance of building permit if recordation has already been accomplished, the applicant shall enter into an agreement and post security bond, in a form and amount acceptable to the City Engineer, guaranteeing the construction of public improvements in conformance with applicable City standards and the City Code, including, but not limited to the following:
50. Street improvement including, but not limited to: pavement, curb and gutter, sidewalks, driveway approaches, street lights, signing, striping, traffic signal systems and other traffic control devices as appropriate.
a. Storm drain facilities
b. Landscaping
c. Sewer systems
d. Street lighting
Storm Drain Improvements and Construction
51. The project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. Unless otherwise approved by the Public Works Director.
52. Drainage easements, when required, shall be shown on the grading plans, and noted as TPM 2022-127 Page 11
follows: "Drainage Easement - no buildings, obstructions, or encroachments by landfills are allowed."
53. The project shall be designed to accept and properly dispose of all off -site drainage flowing onto or through the site. The storm drain design and improvements shall be subject to review and approval by City Engineer. The hydraulics and hydrology report shall include detailed drainage studies indicating how the grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, BMP treatment and LID, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood per the Orange County Hydrology Manual. The project development shall be designed to accept and properly dispose of all off -site drainage flowing onto or through the site. If the quantities exceed the existing downstream capacity, the developer shall provide adequate drainage facilities to mitigate the impact as approved by the City Engineer.
54. Prior to the approval of the improvement plans, the hydrology study shall show that the 25 -year storm flow will be contained within the street from curb to curb and the 100 -year storm flow shall be contained within the street right-of-way. When either of these criteria are exceeded, additional drainage facilities shall be installed. All analysis shall comply with the Orange County Hydrology Manual and County Local Drainage Manual.
55. The post development peak flow rate generated from the project site shall be less than or equal to the predevelopment peak flow rate from the site for all frequency storms up to and including 100 -year return.
56. Drainage facilities with sump conditions shall be designed to convey the tributary 100 - year storm flows. Secondary emergency flow bypass shall also be provided as approved by City Engineer.
Sewer line Improvements and Construction
57. Sewer flow calculations justifying pipeline design and connection to the main shall be prepared by a registered civil engineer and submitted as a part of an improvement plan for approval by the City Engineer. Provide sewer capacity analysis in accordance with the City's Guidelines to evaluate the proposed sewer flow rates into the City sewer system using current flow rate and for pipeline capacity availability. Please see attached "Sewer Capacity Guidelines."
58. Prior to issuance of building permits, the developer's engineer shall analyze and mitigate any sewer system deficiencies for all phases of the proposed development.
Results of the system analysis may require special construction such as booster pumps, upsize the downstream pipes and backwater valves. The engineering analysis and special construction requirements shall be subject to review and approval of City Engineer.
59.Onsite water improvement and fire protection plans shall be approved by the Fire TPM 2022-127 Page 12
Marshal, the local water district, and City Engineer. The water distribution lines and appurtenances shall conform to the applicable laws and adopted regulations enforced by the Golden State Water Company.
60. Prior to the issuance of a building permit, the applicant shall dedicate ingress and egress of the access route within the project site and improve it fully operational as required by the Orange County Fire Authority and satisfaction to the City Engineer.
61. The applicant shall submit a Will Serve Letter from Orange County Sanitation District and Golden State Water Company.
62. Installation of new sanitary sewer manholes may be required at the discretion of the City Engineer and OCSC. All sanitary sewer improvements shall be in accordance with the latest OC Public Works Department Standards.
Traffic
63. Provide new and modify the existing striping modifications within the limits of the new paving and the project.
Final Map
64. Applicant shall provide a quitclaim or relocation of any existing easements that affect the proposed development.
65. The applicant shall prepare and submit a preliminary title report not older than 90 days.
66. Prior to approval of the Final Map, pursuant to the Subdivision Improvement Agreement for Public Improvements, the developer shall provide security in an amount specified in writing by the Registered Civil Engineer or a Licensed Land Surveyor of record. The developer shall enter into an agreement for providing the necessary right- of-way design and construction of missing public improvements, which shall be constructed in coordination with adjacent existing improvements prior to occupancy of the development and subject to review and approval by the City Engineer.
67. Prior to the exoneration of any security, the applicant shall submit one (1) duplicate Mylar of the final map and all as built public improvement plans, in a manner acceptable to the City Engineer.
68. This project falls under the City's Municipal Code: 8.04.390 Special requirements for construction/deconstruction waste. This is to ensure the diversion of at least fifty (50) percent of all construction/deconstruction waste generated within the city the following special requirements apply to all covered projects as listed in Section 8.04.400:
a) All contractors or owner -builders applying for a permit are required to complete a project form and attest that only an authorized city agent will be used to haul debris and other solid waste generated by that project.
TPM 2022-127 Page 13
b) All contractors or owner -builders are required to place a deposit with the city to ensure their compliance with the required use of an authorized city agent. The specific deposit amount shall be an equivalent to One (1.00) percent of the total project value.
c) Upon completion of the project, and if proof deemed satisfactory by the city confirms that all solid waste hauling for that project was done by an authorized city agent then a full refund of the deposit will be made. Acceptable forms of proof are weight tickets, collection receipts, billings, or similar statements from an authorized city agent showing that they performed solid waste collection at the location established for that project. It is the contractor's or owner -builders' responsibility to provide receipts covering all hauling activity for that project. Failure to provide complete records will be deemed as noncompliance.
d) Failure to provide receipts or other acceptable proof of compliance for all solid waste hauling on a project will result in the forfeiture of one hundred (100) percent of deposited funds. (O-2011-08 § 2, 2011)
FIRE DEPARTMENT
69. A stand-alone residential site plan is required for the proposed residence. Provide a detailed site pan that shows compliance with CFC 503. The site plan shall indicate the square footage of the proposed residence. Indicate on the site plan the location of the nearest fire hydrant to the property line.
70. Evidence of sufficient fire flow if 1,500 GPM for 2 hours shall be provided to the City of Placentia. The City of Placentia Building and Fire Marshal Water Availability/Fire Flow form shall be utilized.
71. The property is located in an Administrative Boundary as indicated by the Division of Oil, Gas and Geothermal Resources (D.O.G.G.R.). These are areas that have the potential for methane soil contamination. A licensed geotechnical company shall submit the report. If the report indicates elevated levels of methane, methane mitigation will be required for the proposed structure.
TPM 2022-127 Page 14
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UTILITY PURVEYORS:
WATER: GOLDEN STATE WATER COMPANY
1920 W. CORPORATE WAY
ANAHEIM, CA. 92801
SEWER: CITY OF PLACENTIA
DEPARTMENT OF PUBLIC WORKS
401 E. CHAPMAN AVENUE
PLACENTIA, CA. 92870
GAS: SOUTHERN CALIFORNIA GAS CO.
1919 S. STATE COLLEGE BLVD., SUITE G
ANAHEIM, CA. 92830
ELECTRIC: SOUTHERN CALIFORNIA EDISON CO.
1851 W. VALENCIA DRIVE
FULLERTON, CA. 92833
TRASH: REPUBLIC DISPOSAL SERVICES
1131 N. BLUE GUM STREET
TELEPHONE: AT&T
3939 E. CORONADO ST., SECOND FLOOR
ANAHEIM, CA. 92807
CABLE TV: TIME -WARNER
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PARCEL MAP No. 2022427
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE,
STATE OF CALIFO NIA.
BEING A SUBDIVISION OF LOT NO. 228 OF TRACT NO. 14161, AS PER MAP RECORDED IN TOOK 673, PAGES 3748 INCLUSIVE, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER, ORANGE COUNTY, CALIFORNIA.
2 LOTS 0.40 AC
SUBDIVIDER:
REALM California, LLC
1746 F South Victoria Avenue, #245
VENTURA, CA 93003
Contact: Blain Meith 985=630=9165
[email protected]
BSCUE
)
292.4
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Do B 0
EX. SEWER MAIN 0
134
60'
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(%)
29t 0
ES (NET GOSS) AUGUST 2022
PREPARED BY:
KING CIVIL ENGINEERING CORP
26702 VALPARISO DRIVE
MISSION VIEJO, CA 92691
Contact: Tom King 714-996-7'01'0
[email protected]
SCALE : 1" = 20'
0 20
40 R/W
30'
30'
10'
CF
20'
4'
EXIST.)
SIDEWALK
20'
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10'
EXIST.
PAVEMENT
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SITE ADD
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TYPICAL SECTION
CISNEROS LANE
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NOTES:
PROPOSED PAD ELEVATION
PROPOSED LOT NUMBER
EXISTING SEWER MAIN
EXISTING WATER MAIN
EXISTING FIRE HYDRANT
PROPOSED SEWER MAIN
PROPOSED WATER MAIN
PROPOSED FIRE HYDRANT
PROPOSED GRATE INLET
PROPOSED PVC DRAIN
LANDSCAPE AREA
PROPOSED PARKING STALL
PROPOSED WATER METER
PROPOSED BLOCK WALL
EXISTING BLOCK WALL
PROPOSED WATER VALVE
TOP OF CURB
FLOW LINE
FINISH SURFACE
FINISH GRADE
FINISH FLOOR
GARAGE FLOOR
INVERT
TOP OF GRATE
CURB FACE
RIGHT OF WAY
PLANTER
BENCHMARK:
DESCRIBED BY OCS 2003 - FOUND 3 3\4" OCS
ALUMINUM BENCHMARK DISK STAMPED "2C-100-75",
SET IN THE SOUTHWESTERLY CORNER OF A 4 F. BY 8 F.
CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE
NORTHWESTERLY CORNER OF THE INTERSECTION OF BUENA VISTA AVENUE AND JEFFERSON STREET, 155 F. WESTERLY OF THE
CENTERLINE OF JERFFERSON AND 28.5 F. NORTHERLY OF THE
CENTERLINE OF BUENA VISTA. MONUMENT IS SET LEVEL WITH THE SIDEWALK.
BENCHMARK: 2C-100-75 305.977 NAVD88 YEAR 2006
TORO 228
Write a description for your map.
ilk 49V
Legend
7 33.876012,-117.836506
1. Proposed Use: Single Family Residential
2. Development of Lot: Fully Developed Lots.
3. All Existing Structures On Site To Be Demolished.
4. Flood Zone "X".
5. Assessor's Parcel No. 341-433-48
6. Subdivider intends to comply with all requirements in Chapters 20.20,22.16 through 22.64 and other laws of the City in regards to construction and erosion control.
7. Specific Plan 7 Zoning District.
8. Vehicular access rights fronting Cisneros Lane to be relinquisted.
PFLS Nl1! TES:
1. All fire lane signs or red curb areas shall be shown on a site plan approved by the PFLS.
2. All structures will be protected with an approved automatic fire sprinkler system.
I, THOMAS A. KING, DEPOSE AND STATE THAT THE OWNERS
OF THIS PROPERTY COMPRISING THE PROPOSED SUBDIVISION
NO. 2022-127 SHOWN ON THIS MAP, HAVE CONSENTED TO THE
PREPARATION AND SUBMISSION OF THIS MAP.
THOMAS A. KING R.C.E. NO. 16916
DATED THIS 15 DAY OF AUGUST 2022
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Placentia Cit Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF DEVELOPMENT SERVICES
DATE: NOVEMBER 15, 2022
SUBJECT: ZONING CODE AMENDMENT/ZONE CHANGE (ZCA) NO. 2022-05 (PREVIOUSLY INCORRECTLY REFERRED TO AS ZCA 2022-03), AND GENERAL PLAN AMENDMENT (GPA) NO. 2022-02 AFFECTING TWO
PROJECT AREAS GENERALLY DESCRIBED AS: 1) THE AREA OF THE CITY
OF PLACENTIA PREVIOUSLY KNOWN AS UNINCORPORATED HAMER
ISLAND, WHICH CONSISTS OF 76 ACRES COMPLETELY SURROUNDED BY
THE CITY OF PLACENTIA AND GENERALLY LOCATED NORTH OF PALM
DRIVE, SOUTH OF SHADBURN AVENUE, WEST OF CARBON CREEK
CHANNEL, AND EAST OF ARROWHEAD DRIVE; AND, 2) CITYWIDE
FISCAL
IMPACT: NONE
SUMMARY:
The subject Project Area No.1 is the former "Hamer Island" which was an unincorporated County Island within the sphere of influence of the City of Placentia. The annexation proceedings were finalized in July 2022 and the area is now a part of the City of Placentia. A Zoning Code Amendment/Zone Change is necessary to assign a Zoning designation for this area and to establish development standards within the Placentia Municipal Code (PMC) for the newly annexed area. Project Area 1 also includes a General Plan Amendment (GPA) to establish a land use designation for the newly annexed area and to recognize said area as an incorporated portion of the City of Placentia in the Land Use Element of the General Plan.
The subject Project Area No. 2 is citywide, and includes a Zoning Code Amendment (ZCA) to amend the Placentia Municipal Code (PMC) Chapter 23.21, changing the allowable density of the R-3 Zone. Project Area 2 also includes a GPA to amend the allowable density of the corresponding High -Density Residential land use designation within the Land Use Element. On November 8, 2022, the Planning Commission reviewed and recommended approval of the recommended actions to City Council.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
2.a.
Nov 15, 2022
City Council Agenda
November 15, 2022
ZCA No. 2022-05 and GPA No. 2022-02