Placentia City Council
December 6, 2022

Fees
There are existing fees that became effective July 1, 2023 related to Administrative Use Permit applications based upon previous City Council action. This was done in advance to prepare for codifying the Administrative Use Permit process. This will result in an Administrative Use Permit fee that is significantly less expensive than a Use Permit Modification that must be evaluated by the Planning Commission. This was the intention of City Council, to create an expedited, less expensive process for existing business with Use Permits to apply for an Administrative Use Permit Modification.

CEQA:

In accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, Staff and the City of Placentia Planning Commission recommend that City Council adopt a Common Sense Exemption pursuant to Section 15061 (b)(3) of the State CEQA Guidelines in that the proposed project (Zoning Code Amendment) will not result in changes to the existing physical environment, and the physical environment will not be modified as a result of its adoption. Upon City Council adoption of a finding of a Common Sense exemption, a Notice of Exemption will be filed.

Recommending Body Determination
On November 8, 2022, the Planning Commission conducted a Public Hearing regarding Zoning Code Amendment (ZCA) No. 2022-04 and recommended approval of the Staff recommended actions to City Council. It should also be noted that as of November 8, 2022, Staff has received no letters in support or opposition to the ZCA. However, Staff has been in communication with several businesses eager to utilize an Administrative Use Permit process.

Prepared by:

Jos: v M. L. mbe
Director of Development Services
Reviewed and approved:
ierr rrula
City Administrator
Attachments:

1. Ordinance No. O-2022-09
Exhibit A: Ordinance Language Establishing Regulations for Administrative Use Permits

2. Examples of Outdoor Business Operating and Design Standards

ORDINANCE NO. O-2022-09

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, FINDING THAT APPROVAL OF
ZONING CODE AMENDMENT (ZCA) NO. 2022-04 IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO CEQA SECTION 15061(B)(3) AND
APPROVING ZONING CODE AMENDMENT NO. 2022-04
AMENDING THE PLACENTIA MUNICIPAL CODE, TITLE 23 OF

THE CITY OF PLACENTIA TO ESTABLISH AN

ADMINISTRATIVE USE PERMIT PROCESS IN WHICH

CERTAIN APPLICATIONS FOR USE PERMITS MAY BE

CONSIDERED ADMINISTRATIVELY
City Attorney's Summary
This Ordinance would result in an amendment to Title 23 of the Placentia Municipal Code to establish an Administrative Use Permit process in which certain applications for use permits may be considered administratively. The Administrative Use Permit process would provide parameters for the Director of Development Services to evaluate certain Use Permit Modification requests administratively.

WHEREAS, the City of Placentia wishes to amend Chapter 23.87 and Chapter

23.81.165 of the Placentia Municipal Code (PMC) to establish an Administrative Use Permit process in which certain applications for use permits may be considered administratively; and
WHEREAS, on November 8, 2022, the Planning Commission of the City of Placentia conducted, and concluded a duly public hearing, as required by law, to review and take action on Zoning Code Amendment (ZCA) No. 2022-04, at which time it considered all evidence presented, whether written or oral. The Planning Commission recommended that the City Council of the City of Placentia adopt a "Common Sense" exemption under Section 15061 (b)(3) of the State CEQA Guidelines and the City of Placentia Environmental Guidelines regarding Zoning Code Amendment (ZCA) No. 2022-04 to establish an Administrative Use Permit process in which certain applications for use permits may be considered administratively; and WHEREAS, on November 15, 2022, the City Council of the City of Placentia conducted, and concluded a duly public hearing, as required by law, to review and take action on Zoning Code Amendment (ZCA) No. 2022-04, at which time it considered all evidence presented, whether written or oral; and
WHEREAS, the City of Placentia provided notice of the City Council's public hearing in accordance with California Government Code Section 65090 and the City of Placentia Municipal Code Section 23.96.030; and
Ordinance O-2022-09

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

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

SECTION 1. In all respects as set forth in the Recitals of this Ordinance.

SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.

SECTION 3. CEQA. The City Council certifies that the City has complied with all requirements of the California Environmental Quality Act and the City of Placentia Environmental Guidelines as codified in Title 14 of the California Code of Regulations ("CCR") Section 15000 et. seq., Public Resources Code Section 21000 et. seq. and the City of Placentia Environmental Guidelines, and the City Council finds as follows:

Regarding project no. Zoning Code Amendment (ZCA) No. 2022-04, in accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, the City of Placentia City Council hereby adopts a Statutory Exemption from CEQA pursuant to the "Common Sense" exemption under Section 15061 (b)(3) of the State CEQA Guidelines, which states: "A project is exempt from CEQA if: the activity is covered by the Common Sense exemption that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." SECTION 4. The City Council hereby approves Zoning Code Amendment (ZCA) No. 2022-04 amending the text of a portion of Title 23 of the Placentia Municipal Code as follows:
a. Approve an amendment to the Official Zoning Code, Title 23 of the Placentia Municipal Code of the City of Placentia, attached hereto as Exhibit "A" (Zoning Code Amendment 2022-04) and incorporated herein by this reference, whereby development standards and regulatory requirements in Title 23 ("Zoning") of the Placentia Municipal Code would be amended to refine the city's development standards as they relate to Use Permits.

Ordinance O-2022-09

SECTION 5. The City Council finds, in accordance with the requirements of Chapter 23.96 ("Amendments") of the Placentia Municipal Code, that the proposed amendments to the Municipal Code will not be detrimental to the health, safety or general welfare of the persons residing or working within the city, and that it will not be injurious to property or improvements within the city. The City Council also finds that the amendment is consistent with the latest adopted General Plan.

SECTION 6. Effective Date. This Ordinance shall take effect on the 31st day after adoption.

SECTION 7. Certification. The City Clerk shall certify the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a publication of general circulation.

INTRODUCED at a regular meeting of the City Council of the City of Placentia held on November 15th, 2022.

PASSED, APPROVED AND ADOPTED this 6th day of December 2022.

Rhonda Shader, Mayor
ATTEST:

Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 15th day of November 2022, and adopted at a regular meeting of the City Council of the City of Placentia, held on the 6th day of December 2022 by the following vote:

AYES:

NOES:

ABSENT:

Councilmembers:

Councilmembers:

Councilmembers:

Ordinance O-2022-09

ABSTAINED: Councilmembers:

ATTEST:

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

Christian L. Bettenhausen, City Attorney
Attachments:

Exhibit A: Ordinance language amending Chapter 23.87 (Zoning Code Amendment 2022-04) establishing regulations for Administrative Use Permits Ordinance O-2022-09

EXHIBIT "A"
ORDINANCE LANGUAGE AMENDING CHAPTER 23.87
(ZONING CODE AMENDMENT 2022-04) ESTABLISHING

REGULATIONS FOR ADMINISTRATIVE USE PERMITS
Ordinance O-2022-09

"23.87.100 Administrative Use Permit Modification Intent.

The intent of this Section is to provide a process for certain minor Use Permit Modifications to be evaluated by the Director of Development Services or designee, ensuring that said Use Permit Modifications are compatible with surrounding land uses and businesses, and are consistent with the goals and ob'ectives of the General Plan. Further, a Use Permit Modification process may be utilized for qualifying uses under Section

23.87.110 that are already established, and seek to expand operations to an outdoor space, or to request a minor modification to the established conditions of approval pursuant to Section 23.87.120.

23.87.110 Administrative Use Permit Modification Applicability.

The Administrative Use Permit process shall apply in the following instances:

Lli
gi
Shall apply to restaurants, eating places, and other establishments that serve food and/or beverages which are also consistent with Section 23.87.110(3) or

23.87.110 (4;
Shall apply to uses with a need to locate a portion of their indoor operations outside on the same property as a given use or onto ad'acent public property with a valid encroachment permit, e.g. a fitness center that would like to offer limited outdoor operations. Said uses must also be consistent with Section

23.87.110'3) or 23.87.110 4).
(3) Shall apply to uses or businesses that are deemed to have a valid Use Permit that seek a Use Permit Modification.

Shall apply to existing uses or businesses that are currently permitted by the PMC sub'ect to a Use Permit, and said use or business is found to be a legally established use and is legally permitted to operate and is in good standing with the City of Placentia licensing requirements, i.e. uses or business that were established prior to a the requirement of a Use Permit.

Any eligible use or business applying for outdoor operations utilizing the Administrative Use Permit process are only eligible to locate a portion of their indoor operations outside on the same property as a given use or onto ad'acent public property with a valid encroachment permit.

23.87.120 Administrative Use Permit Modification Criteria.

Only the applicable uses listed in Section 23.87.110 may utilize the Administrative Use Permit Modification in lieu of a Use Permit application reviewed by the Planning Commission for any of the minor operational changes listed in this section:
(a) Any change which does not constitute, either individually or cumulatively, a ma'or chanqe in operational characteristics.

Ordinance O-2022-09

(b) Minor changes to floor and seating plans which do not result in a substantial increase in seating occupancy, as determined by the Director of Development Services.
(c) The introduction of valet parking.
(d) Eligible uses applying for outdoor operations locating a portion of their indoor operations outside on the same property as a given use or onto ad'acent public property with a valid encroachment permit.
(e) A reduction in required parking in con'unction with eligible uses applying for outdoor operations may also apply to reduce the rec uired onsite barking up to 25%.
(f)
Standards for outdoor seating areas and outdoor business operations shall be complied with as a condition of the use permit and/or Administrative Use Permit Modification. These standards and policy guidelines are on file in the Planning Division of the Development Services Department.

23.87.130 Administrative Use Permit Application.

Application for Administrative use permits shall be made in writing by owners of the property, or lessee, purchase in escrow or by owner's authorized representative with the consent of the owner, on a form prescribed by the City of Placentia. The application shall be accompanied by:
1) Ten ;10) sets of a site plan and supporting plans drawn to scale, showing the location of property, boundaries and improvements proposed, all dimensioned to the satisfaction of the Director of Development Services or designee. 2) The fee established by city council resolution.
(3) A list of all property owners within three hundred (300) feet of the exterior boundary lines of the property involved in the application as certified by a title insurance company authorized to do business in Orange County, California. Such list shall be typed in duplicate upon gummed labels ready for mailing, and shall be accompanied by a location map.

23.87.140 Administrative Use Permit Modification Procedure for Review. (1) An Administrative Use Permit Modification shall be reviewed and acted upon by the Director of Development Services or designee pursuant to the findings set forth in Section 23.87.40.
(2) At least ten calendar days prior to the Decision of the Director of Development Services, notice of the proposal shall be mailed to the applicant, owner and situs of property within three hundred '300; feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as Ordinance O-2022-09

contain more recent addresses. At least ten calendar days orior to the oublic hearing, a notice of the hearing shall be posted at the pro'ect site in clear public view.
(3) The application may be approved with conditions or denied. Approvals shall be sub'ect to the operational standards contained within Chapter 23.87, and those conditions the Director of Development Services, or designee finds necessary to ensure compatibility with the surrounding area and the General Plan. (4) Decisions of the Director of Development Services, or designee shall be final, unless appealed to the Planning Commission, utilizing the provisions and procedures outlined in Section 23.87.040. The Planning Commission action may also be appealed to City Council pursuant to the provisions of Section 23.87.050.

All appeals must be accompanied by a fee established by city council resolution.

23.87.150 Administrative Use Permit Modification Generally.

The provisions detailed in Sections 23.87.010, 23.87.060, 23.87.070, 23.87.080 shall also apply to Administrative Use Permits and Administrative Use Permit Modifications. All applications shall also comply with and be consistent with Section

23.81.165."
Ordinance O-2022-09

TO:

VIA:

FROM:

DATE:

SUBJECT:

FISCAL
IMPACT:

SUMMARY:

Placentia City Council

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF DEVELOPMENT SERVICES
NOVEMBER 15, 2022

AGENDA REPORT

SECOND READING AND ADOPTION
Ord No..O-2022-10 Date 12/6/22 Item No. 1.f.

First Reading and Approval:

Reviewed and Approved:

Department Head
Deputy City Clerk
11/15/22

PUBLIC HEARING TO CONSIDER ADOPTION OF AN UPDATED LIBRARY

IMPACT FEE PROGRAM ON BEHALF OF THE PLACENTIA LIBRARY DISTRICT These Development Impact Fees are established for cost recovery or statutory purposes only, and any fees collected will be utilized by the Placentia Library District, not the City of Placentia. There is no fiscal impact to the City associated with the recommended actions in that any collected fee will be utilized by the Placentia Library District. The adoption of revised development impact fees for the Library District will not have an immediate impact on revenues to the Library District until effective 60 days subsequent to adoption. This update essentially adjusts and adopts the fees on behalf of the Library District.

As a Special District as defined by the State of California, the Placentia Library District must rely upon the local jurisdiction (City of Placentia) having authority to impose Development Impact Fees (DIFs). On August 15, 2022, the Placentia Library District adopted an Impact Fee Nexus Study and also adopted updated Impact fees. For those fees to become effective, the City of Placentia must adopt the updated Impact fees on behalf of the Library District.

RECOMMENDATION:

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

1. Open the public hearing concerning the Updated Library Impact Fees; and

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

3. Close the public hearing; and

4. Find that the recommended actions are exempt from environmental review and direct Staff to file a Notice of Exemption, pursuant to CEQA Section 15061(b)(3) of the CEQA Guidelines, Section 21065 of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA; and

1.f.

Dec 6, 2022

City Council Agenda
November 15, 2022
Library District Impact Fees

5. Waive full reading, by title only, and introduce for first reading, Ordinance No. O-2022-10, an Ordinance of the City Council of the City of Placentia, California, finding that establishing Placentia Library District impact fees is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15061(B)(3) and, approving a Library Development Impact Fee Nexus Study Report, and amending Chapter 5.02 (Citywide Development Impact Fees) of the Placentia Municipal Code adding a new Section 5.02.190 to establish a Library Development Impact Fee Program and adopting necessary findings for the establishment of the Library Development Impact Fees to financially mitigate impacts to Library facilities; and

6. Adopt Resolution No. R-2022-79, a Resolution of the City Council of the City of Placentia, California, finding that approval of Placentia Library District impact fees is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15061(b)(3) and, approving the Placentia Library District Development Impact Fees to finance mitigation of impacts to Library facilities; and

7. Approve and authorize the City Administrator to sign and execute the Agreement for collection of Library Impact Fees between the City of Placentia and the Placentia Library District.

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to:

Improve City Governance, Goal 8, as this item will serve to help the Placentia Library District update its existing Impact Fee Program which cannot be accomplished without City cooperation.

As such, assisting the Library in modernizing and updating their Impact Fee program will enhance City Governance by furthering the partnership with the Placentia Library District.

BACKGROUND:

Development impact fees are a commonly used method of collecting a proportional share of funds from new development for infrastructure improvements and/or other public facilities. With rare exceptions, development impact fees are one-time funds restricted to funding capital costs for new facilities and are not used for annual operations and/or maintenance. Impact fees may only be imposed on new development, and the fee proceeds must be expended on improvements needed as a result of the new development.

Pursuant to the Mitigation Fee Act ("Act"), California Government Code Section 66000, et seq. (also known as AB 1600), adoption of development impact fees requires a Nexus Study to establish the legal and policy basis for imposing the fee. A Nexus Study demonstrates the reasonable relationship between new development, the amount of the fee, and the type of capital improvements projects which may be funded by the fee. More specifically, a Nexus Study presents certain findings to meet the procedural requirements of the Act, which are as follows:

City Council Agenda
November 15, 2022
Library District Impact Fees

1. Identify the purpose of the fee.

2. Identify the use to which the fee is to be put.

3. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed ("benefit relationship").

4. Determine how there is a reasonable relationship between the need for the facilities and the type of development project on which the fee is imposed ("impact relationship").

5. Determine how there is a reasonable relationship between the amount of the fee and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed ("proportional relationship").

While cities and counties receive their taxing authority from the State Legislature under Article XIII, Section 24, they can impose DIFs pursuant to their police power without the necessity of authority from the Legislature. However, special districts (such as the Placentia Library District) have no such police power. They must rely on cities and counties to impose DIFs or other statutory authority, such as SB 50, which grants school districts authority to impose DIFs with specific requirements and restrictions. Special districts may consider and adopt development impact fees programs, but only public agencies with land use authority (such as cities and counties) may adopt and collect such fees. As such, in most instances, a special district will need to work with cities or counties that have land use authority over the territories of the special district.

On August 15, 2022, the Board of Trustees of the Placentia Library District adopted a Resolution approving the Placentia Library District Impact Fee Nexus Study Update and also requesting that the Placentia City Council implement the updated Library Impact Fee Program on behalf of the District. Pursuant to State law, for the updated fees to become effective, the City of Placentia must adopt the updated Impact fees on behalf of the Library District. Staff has prepared an Ordinance (attached) which will codify the Placentia Library District Development Impact Fees 31 days after adoption and provide proper authority to impose such fees 60 days after the attached fee Resolution is adopted by City Council.

DISCUSSION:

In 2008, the District prepared a Nexus Study establishing the District's current library impact fee program. This year, the District prepared a Library Impact Fee Nexus Study Update ("Nexus Study Update") to establish the legal and policy basis for the collection of updated library impact fees. (Attachment 1) The Nexus Study Update also outlines the procedural requirements for approval of the Nexus Study Update and the updated library impact fees by the Board of Trustees and later adoption by the Placentia City Council. Also, the Nexus Study Update summarizes the specific requirements for the annual administration of the fee program. The figure below summarizes the District's current and updated library impact fees.

City Council Agenda
November 15, 2022
Library District Impact Fees

Summary of Current and Updated Library Impact Fees
Maximum
Current Library
Library Impact Impact Fee %
Land Use Category Unit ` Fee (2008) (2022) $ Change Change Calc a b c=a -b d=c/a-1
Single -Family Detached Housing 2 BSQFT $0.92 $0.72 ($0.20) -21.7% Single -Family Attached Housing 2 BSQFT $0.92 $1.08 $0.16 17.4% Multi -Family Housing BSQFT $1.12 $1.81 $0.69 61.6%
Mobile Home 2 BSQFT $0.92 $1.08 $0.16 17.4%
Accessory Dwelling Unite BSQFT See Note4
Retail / Commercial BSQFT $0.10 $0.12 $0.02 20.0%
ofice BSQFT $0.14 $0.17 $0.03 21.4%
Industrial BSQFT $0.07 $0.08 $0.01 14.3%
Notes:

BSQFT means living area square feet or building square feet 2 New residential impact fee category.
3 Accessory dwelling units ("ADUs") 750 square feet or less in size are exempt All other ADUs shall be imposed the effective fee of the existing land use category of the parcel upon which the ADU is constructed.

FISCAL IMPACT:

These Development Impact Fees are established for cost recovery or statutory purposes only, and any fees collected will be utilized by the Placentia Library District, not the City of Placentia.

There is no fiscal impact to the City associated with the recommended actions in that any collected fee will be utilized by the Placentia Library District. The adoption of revised development impact fees for the Library District will not have an immediate impact on revenues to the Library District until effective 60 days subsequent to adoption. This update essentially adjusts and adopts the fees on behalf of the Library District.

CEQA:

In accordance with the California Environmental Quality Act (CEQA) and State and local Environmental Guidelines, Staff recommends that City Council adopt a Common Sense Exemption pursuant to Section 15061 (b)(3) of the State CEQA Guidelines in that the proposed project (adoption of updated Impact Fees on behalf of the Library District) will not result in changes to the existing physical environment, and the physical environment will not be modified as a result of its adoption. Upon City Council adoption of a finding of a Common Sense exemption, a Notice of Exemption will be filed.

City Council Agenda
November 15, 2022
Library District Impact Fees

Prepared by:

Reviewed and approved:

Jose M. L ert" Jennifer'Larripman
Direr or of Development Services Director of Finance
Reviewed and approved:

Damien R. Arrula
City Administrator
Attachments:

1. Ordinance No. O-2022-10 - approving a Library Development Impact Fee Nexus Study Report, and amending Chapter 5.02 of the Placentia Municipal Code a. Exhibit A. Placentia Library District Library Development Impact Fee Nexus Study Update
b. Proposed PMC Section 5.02.190 establishing Library Development Impact Fees

2. Resolution No. R-2022-79 approving the Placentia Library District Development Impact Fees

3. Agreement for collection of Library Impact Fees between the City of Placentia and the Placentia Library District
a. Placentia Library District Board of Trustees Resolution No. 2022-05

ORDINANCE NO. O-2022-10

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA,

CALIFORNIA, FINDING THAT ESTABLISHING PLACENTIA LIBRARY

DISTRICT IMPACT FEES IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA
SECTION 15061(B)(3) AND, APPROVING A LIBRARY DEVELOPMENT IMPACT FEE NEXUS STUDY REPORT, AND AMENDING CHAPTER 5.02 (CITYWIDE DEVELOPMENT IMPACT FEES) OF THE PLACENTIA
MUNICIPAL CODE ADDING A NEW SECTION 5.02.190 TO ESTABLISH

A LIBRARY DEVELOPMENT IMPACT FEE PROGRAM AND ADOPTING

NECESSARY FINDINGS FOR THE ESTABLISHMENT OF THE LIBRARY

DEVELOPMENT IMPACT FEES TO FINANCIALLY MITIGATE IMPACTS

TO LIBRARY FACILITIES
City Attorney Summary
This Ordinance would add Section 5.02.190 to the City of Placentia Municipal Code establishing a Citywide library development impact fees for new development to finance measures that mitigate impacts to library facilities. This Ordinance is being adopted in furtherance of the Placentia Library District's Resolution Number 2022-05 adopting a nexus study and establishing a library impact fee for new development for the purpose of funding the cost of new or expanded libraries.

A. RECITALS
WHEREAS, Board of Trustees of the Placentia Library District ("District") determined that current library facilities will not be adequate for future population growth; WHEREAS, pursuant to the Mitigation Fee Act the District, in conjunction with the City of Placentia ("City"), is empowered to impose fees and other exactions to provide necessary public facilities required to mitigate the negative effects of new development in the District's territory;
WHEREAS, the proposed fees are based upon the information contained in a document prepared by SCI Consulting Group dated July 2022, Final Report v1.2 ("Nexus Study") that provides all information necessary to meet the requirements of California Government Code Section 66000 et al.;
WHEREAS, a copy of the Nexus Study is on file in the City Clerk's office and has been made available for public review in accordance with state law, as more fully described below;
WHEREAS, the Nexus Study complies with Mitigation Fee Act by establishing the basis for the imposition of fees in new development and in particular:
1 1. Identifies the purpose of the proposed fees;

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

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

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

5. Demonstrates a reasonable relationship between the amount of the fees and the cost of the public facilities or portions of the facilities attributable to the developments on which the fees are imposed; WHEREAS, the levying of a library development impact fees has been reviewed by staff in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines and the City of Placentia Local Guidelines for implementing CEQA and it has been determined that the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, Section 21065 of the Public Resources Code and the City of Placentia Local Guidelines for implementing CEQA; WHEREAS, the City has: 1) made available to the public, at least thirty (30) days prior to its public hearing, data indicating the estimated cost required to provide the facilities and infrastructure for which these development fees are levied and the revenue sources anticipated to provide those facilities and infrastructure; 2) mailed notice at least fourteen (14) days prior to this meeting to all interested parties who have requested notice of new or increased development fees; and 3) held a duly noticed, regularly scheduled public hearing on November 1, 2022, at which time oral and written testimony was received regarding the proposed fees; and
WHEREAS, the City Council has reviewed and considered the staff report, the Development Impact Fee Nexus Study Report, and all oral and written testimony.

B. ORDINANCE

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

Section 1. The City Council of the City of Placentia hereby approves and adopts the Placentia Library District Library Impact Fee Nexus Study Update dated July 2022. This document is attached hereto as Exhibit "A" and is hereby incorporated by this reference.

Section 2. The City Council of the City of Placentia hereby adopts the findings set forth below, the findings and facts contained in the Nexus Study (Exhibit A) and the findings contained in Section 5.02.190 and Placentia Municipal Code, as reflected in the attached Exhibit "B". The City Council of the City of Placentia does hereby find:
2 a. The library impact fees justified by the Nexus Study are for the purpose of funding the cost of new or expanded library facilities to meet the needs of the resident population and nonresident employees generated by new development in the City within the District's jurisdiction.
b. The library impact fees justified by the Nexus Study will be used to fund the cost of new or expanded library facilities and administrative costs associated with the library impact fee program.
c. The uses of the library impact fees justified by the Nexus Study are reasonably related to the types of development projects on which the fees are imposed in that fee revenue will be used to fund new and expanded library facilities to meet the additional demand generated by the residents of the City and employees created by new development. Fee revenue will be deposited into a separate library impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds. The fee revenue will be restricted to the allowable uses described in Nexus Study. These actions ensure that a new development project paying the library impact fee will benefit from its use.
d. The library impact fees justified by the Nexus Study bear a reasonable relationship to the need for library facilities in that each new development project will generate additional need for library services and the associated need for library facilities.

The need is defined by the District's existing level of service standards for such facilities. e. The Nexus Study demonstrates that there is a reasonable relationship between the amount of the library impact fee and the cost of library facilities attributable to the development on which the fee is imposed. For residential library impact fees, library facility costs are defined on a per capita basis and applied to residential land use categories according to their respective average household size. For nonresidential library impact fees, costs are defined on a per employee basis based on a residential equivalent factor and nonresident employee factor and then applied to nonresidential land use categories according to their respective average employment density.

Section 3. Chapter 5.02 (Citywide Development Impact Fees) is hereby amended with the addition of Section 5.02.190 to the Placentia Municipal Code as shown on Exhibit "B" attached hereto and incorporated herein by this reference.

Section 4. Any provision of the Placentia Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are repealed or modified to that extent necessary to affect the provisions of this Ordinance.

Section 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Placentia hereby declares that it 3 would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

INTRODUCED at a regular meeting of the City Council of the City of Placentia held on November 15th, 2022.

PASSED, APPROVED AND ADOPTED this 6th day of December 2022.

Rhonda Shader, Mayor
ATTEST:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Placentia held on the 6th day of December 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Councilmembers:

Councilmembers:

Councilmembers:

APPROVED AS TO FORM:

Christian L. Bettenhausen
Robert S. McKinnell, City Clerk
EXHIBIT "A"
(Placentia Library District Library Development
4 Impact Fee Nexus Study Update)
5 EXHIBIT "B"
Section 5.02.190

LIBRARY DEVELOPMENT IMPACT FEES
A. Findings. In order to mitigate the impacts to library facilities caused by new development within the City, the Placentia Library District and the City Council have determined that development impact fees are needed to finance the cost of new or expanded library facilities to meet the needs of the resident population and nonresident employees generated by new development in the City within the District's jurisdiction. There is a reasonable relationship between the amount of the library impact fee and the cost of library facilities attributable to the development on which the fee is imposed. In establishing the fees described in this Section, the City Council finds the fees adopted to be consistent with state law (California Government Code Section 66000 et seq.

B. Description of fees.
(1) Library development impact fees are hereby established on new within the City of Placentia to be used to fund the cost of new or expanded library facilities and administrative costs associated with the library impact fee program.
(2) For residential library impact fees, library facility costs are defined on a per capita basis and applied to residential land use categories according to their respective average household size. For nonresidential library impact fees, costs are defined on a per employee basis based on a residential equivalent factor and nonresident employee factor and then applied to nonresidential land use categories according to their respective average employment density.
(3) At least every five years, the City Council, in conjunction with the Placentia Library District, shall review these fees to determine whether the fee amounts are reasonably related to the impacts of development.

C. Limited use of fees.

Fee revenue will be deposited into a separate library impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds. The fee revenue will be restricted to the allowable uses described in Nexus Study. These actions ensure that a new development project paying the library impact fee will benefit from its uses. The uses of the library development impact fees are reasonably related to the types of development projects on which the fees are imposed. The uses shall be used to fund new and expanded library facilities to meet the additional demand generated by the 6 residents of the City and employees created by new development. The allowable uses for fees are set forth in the Nexus Study.

D. Imposition of fees.
(1) Development impact fees shall be imposed on new development. (2) Development impact fees shall be paid by the owner of the property on which new development is to occur. The fees shall be collected by the prior to the issuance of the building or development permit(s) for such development, whichever occurs later, unless payment at a later time is mandated by Government Code Section 66007.

C. Except as otherwise provided herein, square footage of residential and nonresidential buildings shall be measured within the perimeter of a structure. Unfinished attics, crawlspaces, and basements shall not be assessed until converted and finished as usable floor space.

D. For residential uses, a building or structure consisting of non -usable floor space, e.g., garage, carports, walkways, overhangs, patios, enclosed patios, detached storage structures, or similar areas are excluded and shall not be deemed to be part of the residential building for the purpose of determining the square footage of the residential building.

E. For non-residential uses, a building or structure consisting of non -usable floor space, e.g., any storage areas incidental to the principal use of the development, garages, unenclosed walkways, or utility or disposal areas, or similar areas are excluded and shall not be deemed to be part of the non-residential building for the purpose of determining the square footage of the non-residential building.

F. Additions to an existing building shall be deemed to occur whenever the amount of usable floor space is increased, or whenever new building space is constructed where no structures existed as part of the existing building, whether or not the total building floor area is increased by the new construction.

G. No development impact fee shall be imposed more than once for the same floor space.

E. Annual Inflationary Adjustment
The library impact fees established in this Section shall be adjusted automatically without further action by the Placentia Library District Board or the City Council on the first day of each fiscal year by the previous 12 -month percentage change as of April in the Engineering News -Record Construction Cost Index for Los Angeles or its successor publication. 7 Placentia Cit Council
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DIRECTOR OF DEVELOPMENT SERVICES
DATE: NOVEMBER 15, 2022
SUBJECT:

AGENDA REPORT

SECOND READING AND ADOPTION
Ord No. O-2022-11 Date 12/6/22 Item No. 1.g.

First Reading and Approval: 11/15/22
Reviewed and Approved:

Department Hea
Deputy City Cie

PUBLIC HEARING, INTRODUCTION AND FIRST READING OF STATE MANDATED ORDINANCE NO. O-2022-11 OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, REPEALING CHAPTER 18.04 OF TITLE 18 AND CHAPTERS 20.04, 20.08, 20.12, 20.16, 20.20, 20.36, 20.48, 20.52 AND 20.56 OF TITLE 20 OF THE PLACENTIA MUNICIPAL CODE AND ADOPTING BY REFERENCE, THE CALIFORNIA FIRE CODE, 2022 EDITION, THE 2022

EDITIONS OF THE CALIFORNIA BUILDING, RESIDENTIAL, ELECTRICAL, PLUMBING, MECHANICAL, AND GREEN BUILDING STANDARDS CODE, 2021 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2022 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE AND 2022 CALIFORNIA

ENERGY CODE, INCLUDING ALL APPENDICES, WITH CERTAIN

AMENDMENTS, ADDITIONS AND DELETIONS THERETO, INCLUDING FEES AND PENALTIES; AND ADOPTION OF A RESOLUTION MAKING REQUIRED

FINDINGS PURSUANT TO THE CALIFORNIA HEALTH & SAFETY CODE FISCAL
IMPACT: No fiscal impacts are anticipated with this ordinance as all costs will be recovered through the plan check and inspection process.

SUMMARY:

Every three years the California Building Standards Commission ("CBSC") adopts a new set of State mandated model codes to regulate development and construction projects within the State of California. These model codes are effective for all local jurisdictions unless a jurisdiction adopts local amendments to the model codes. If a jurisdiction amends the model codes, then it is the responsibility of that jurisdiction to adopt the code by reference and the applicable local amendments by January 1st of the year the model codes become effective. With this action, the City Council will conduct a Public Hearing to consider the 2022 Fire and Building related Codes and obtain public input regarding the proposed amendments recommended by Staff.

RECOMMENDATION:

It is recommended that the City Council:

1. Open the Public Hearing concerning Ordinance No. O-2022-11; and

1.g.

Dec 6, 2022

City Council Agenda
November 15, 2022
Building and Fire Code Adoption

2. Receive the Staff Report and consider all Public Testimony; and

3. Close the Public Hearing; and

4. Find that the recommended actions are exempt from environmental review and direct Staff to file a Notice of Exemption, pursuant to CEQA Section 15061(b)(3) of the CEQA Guidelines, Section 21065 of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA; and

5. Waive full reading, by title only, and introduce for first reading Ordinance No. O-2022-11, An Ordinance of the City Council of the City of Placentia, California, finding that adoption of 2022 Fire and Building related Codes is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15061(B)(3) and, repealing Chapter 18.04 of Title 18 and Chapters 20.04, 20.08, 20.12, 20.16, 20.20, 20.46, 20.48, 20.50, 20.52 and

20.54 of Title 20 of the Placentia Municipal Code and adopting by reference, the Califomia Fire Code, 2022 Edition, the 2022 Editions of the Califomia Building, Residential, Electrical, Plumbing, Mechanical, and Green Building Standards Code, 2021 Edition of the International Property Maintenance Code, 2022 Edition of the Califomia Existing Building Code, 2022 Edition of the California Historical Building Code and 2022 Califomia Energy Code, including all appendices, with certain amendments, additions and deletions thereto, including fees and penalties; and

6. Adopt Resolution No. R-2022-80, A Resolution of the City Council of the City of Placentia making required findings pertaining to modifications to the uniform fire and construction codes adopted by Ordinance No. O-2022-11 based upon local climatic, topographic and geologic conditions in accordance with the requirements of § 17958.5 of the California Health and Safety Code.

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to:

Promote Community and Economic Development, Goal 3, as this item will serve to facilitate the orderly and safe construction of buildings citywide. This item is also consistent with Goal 2: Ensure that Public Safety Continues to be a High Priority, in that updating the Fire and Broiling Codes will result in safer buildings and structures, reducing exposure for Fire personnel in an emergency.

BACKGROUND:

The CBSC reviews and revises the model codes that regulate development and construction projects within the State of California every three years. The new model codes are then adopted by the State. California adopted the model codes in July 2022, with an effective date of January 1, 2023. Although the models are effective without local adoption, local adoption permits a city to amend the codes to reflect local conditions. The State Fire Marshal is responsible for adopting the Fire Code updates and the City adopts the code with local amendments.

City Council Agenda
November 15, 2022
Building and Fire Code Adoption

DISCUSSION:

The City's Building and Fire Authorities participated with other Orange County jurisdictions in reviewing the updated codes as adopted by the CBSC and the Fire Code as adopted by the State Fire Marshal. There are a total of eleven relevant codes which have been revised for the 2022 cycle and adopted by the State as follows:
• 2022 California Building Code • 2022 California Plumbing Code • 2022 California Mechanical Code • 2022 California Electrical Code • 2022 California Green Building Standards Code • 2022 California Residential Code • 2022 California Fire Code (State Fire Marshal) • 2022 California Energy Code • 2022 California Historical Building Code • 2022 California Existing Building Code • 2021 International Property Maintenance Code
Per California Government Code § 50022.2, the model codes may be adopted by reference, without the necessity of publishing the entirety of the model codes. Local adoption of such codes is mandated on January 1, 2020 and requires approval of the City Council. Prior to such adoption, jurisdictional bodies may amend said codes if such amendments are justified on the basis of a local climatic, local geological or local topographical condition which makes such amendments necessary. The proposed local amendments reflect local climactic, geographic, or geological conditions that are unique to Placentia.

The City Attorney's Office in conjunction with the City's Building Division, Development Services Director, Contract Building Official, Contract Fire Marshal and Fire personnel have completed a thorough analysis of the State Codes and developed a locally amended version for consideration of adoption. A detailed listing of the local amendments proposed for adoption is set forth in the attached Resolution.

Prepared by:

Joseph,lG'1. Lambert
Director of Development Services
Reviewed : nd approved:

Ja bine
Fire Chie
Reviewed and approved:

Da en -R;-► fr
City Administrator
Attachments:

1. City Council Ordinance No. O-2022-11 adopting Updated Building and Fire Codes

2. Resolution No. R-2022-80 — Local Amendments to CA Building and CA Fire Codes

ORDINANCE NO. O-2022-11

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, FINDING THAT ADOPTION OF 2022 FIRE AND BUILDING

RELATED CODES IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA
SECTION 15061(B)(3) AND, REPEALING CHAPTER 18.04 OF TITLE 18 AND CHAPTERS 20.04, 20.08, 20.12, 20.16, 20.20, 20.46, 20.48, 20.50,

20.52 AND 20.54 OF TITLE 20 OF THE PLACENTIA MUNICIPAL CODE AND ADOPTING BY REFERENCE, THE CALIFORNIA FIRE CODE, 2022 EDITION, THE 2022 EDITIONS OF THE CALIFORNIA BUILDING,

RESIDENTIAL, ELECTRICAL, PLUMBING, MECHANICAL, AND GREEN BUILDING STANDARDS CODE, 2021 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2022 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE, 2022 EDITION OF THE CALIFORNIA
HISTORICAL BUILDING CODE AND 2022 CALIFORNIA ENERGY CODE,

INCLUDING ALL APPENDICES, WITH CERTAIN AMENDMENTS,

ADDITIONS AND DELETIONS THERETO, INCLUDING FEES AND

PENALTIES
City Attorney's Summary
This Ordinance repeals existing provisions of Titles 18 and 20 of the Placentia Municipal Code and adopts new standards and codes regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City as well as prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures. This Ordinance adopts, by reference, the California Fire Code, 2022 Edition, and codes adopted by the California Building Standards Commission, including the California Building Code, 2022 Edition, the California Residential Code, 2022 Edition, the California Green Building Standards Code, 2022 Edition; the California Plumbing Code, 2022 Edition, the California Mechanical Code, 2022 Edition, the California Electrical Code, 2022 Edition, the 2021 Edition of the International Property Maintenance Code, the 2022 Edition of the California Existing Building Code, the 2022 Edition of the California Historical Building Code, the California Energy Code, 2022 Edition and provides for the issuance of permits and collection of fees therefor and establishing penalties for violation(s) thereof.

A. Recitals.

1. WHEREAS, pursuant to California Government Code Section 50022.1 et seq. the City of Placentia may adopt by reference the California Building Standards Code, 2022 Edition as provided in Title 24 of the California Code of Regulations and other model codes; and

2. WHEREAS, the California Building Standards Commission ("Commission") recently adopted the 2022 Edition of the California Building Standards Code; and

3. WHEREAS, California Health and Safety Code Section 17958.7 and 18941.5 authorize cities to adopt the California Building Standards Code with modifications Ordinance O-2022-11 1
Page

determined to be reasonably necessary because of local climatic, geological or topographical conditions; and

4. WHEREAS, the City desires to adopt the California Building Standards Code and other model codes with the necessary amendments to assure the Codes are tailored to the particular safety needs of the City as required by its unique climatic, geological and topographical conditions; and

5. WHEREAS, the Building Official has recommended that changes and modifications be made to the California Building Standards Code, and have advised that certain changes and modifications to said Code are reasonably necessary due to local conditions within the City, and have further advised that the remainder of the said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code, or are reasonably necessary to safeguard life and property within the City; and

6. WHEREAS, the Fire Marshall and Building Official have recommended that changes and modifications be made to the California Building Standards Code, which are necessary for administrative clarification and to establish administrative standards for the effective enforcement of the building standards of the City and do not modify a building standard pursuant to California Health & Safety Code Section 17958, 17958.7, and/or 18941.5; and

7. WHEREAS, the City held a public hearing on November 15, 2022, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the Codes as amended herein; and

8. WHEREAS, the City published notice of the aforementioned public hearing pursuant to California Government Code Section 6066 on November 3, 2022 and November 10, 2022; and

9. WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.

B. Ordinance.

The City Council of the City of Placentia does ordain as follows:

SECTION 1. In all respects as set forth in the Recitals, Part A., of this Ordinance.

SECTION 2. Purpose. The purpose of this ordinance is to adopt by reference the latest edition of the California Fire Code, 2022 Edition, and the California Building Code, 2022 Edition, the California Residential Code, 2022 Edition, the California Green Building Standards Code, 2022 Edition; the California Plumbing Code, 2022 Edition, the California Mechanical Code, 2022 Edition, the California Electrical Code, 2022 Edition, the 2021 Edition of the International Property Maintenance Code, the 2022 Edition of the California Existing Building Code, the 2022 Edition of the California Historical Building Code.

SECTION 3. Authority. Pursuant to Government Code section 50022.2, the City Council adopts this ordinance adopting by reference the California Building Standards 2 Code (California Code of Regulations, Title 24) as required and/or permitted by state statutes, including Health and Safety Code sections 17922, 18938 and 18941.5.

SECTION 4. Findings. The City Council made findings that the proposed amendments to the Codes are reasonably necessary because of local climatic, geologic or topographic conditions. The findings are supported and based upon the express findings and determinations, set forth in Resolution No. R-2022-80, adopted November 15, 2022.

SECTION 5. CEQA. The adoption of updated Building and Fire Codes has been reviewed by staff in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines and the City of Placentia Local Guidelines for implementing CEQA and the City Council hereby determines that the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines, Section 21065 of the Public Resources Code and the City of Placentia Local Guidelines for implementing CEQA.

SECTION 6. Amendment. Chapter 18.04 of Title 18 and Chapters 20.04, 20.08,

20.12, 20.16, 20.20, 20.46, 20.48, 20.50, 20.52 and 20.54 of Title 20 of the Placentia Municipal Code hereby are repealed, in their entirety; provided, however, that said repeal shall not vitiate any permit or entitlement issued thereunder and, further, said repeal shall not apply to or excuse any violation(s) thereof occurring prior to the effective date of this ordinance and provided further that the codes thereby adopted, as previously adopted by reference and amended by ordinances of this City, shall continue to be applicable to construction wherein plans have been submitted for plan check as of the effective date of this ordinance so long as the initial permit therefor is issued no later than thirty (30) days after the effective date of this Ordinance.

SECTION 7. A new Chapter 18.04 hereby is added to Title 18 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 18.04
California Fire Code, 2022 Edition
Sections:

18.04.010 Title

18.04.020 Purpose

18.04.030 Adoption of Fire Code

18.04.040 Definition of Terms

18.04.050 Amendments to Fire Code

18.04.060 Enforcement and Inspections

18.04.070 Fees

18.04.080 Copy filed
Section 18.04.010 - Title.

This Chapter shall be known as the `Placentia Fire Code. 3 Section 18.04.020 - Purpose.

The purpose of this chapter is to prescribe regulations and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided.

Section 18.04.030 - Adoption of Fire Code.

There hereby is adopted as the `Placentia Fire Code,' except as otherwise provided in this Chapter, those certain fire codes know and designated as the California Fire Code 2022 Edition based on the 2021 International Fire Code as published by the "International Code Council", shall become the fire code of the City for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conservation, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City for all fire related issues. The California Fire Code and its appendix chapters will be on file for public examination in the office of the Building Official/Fire Marshal and the City Clerk's office. Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Fire Code, said State regulations shall prevail over the provisions of the Placentia Fire Code except as specifically modified herein.

Section 18.04.040 - Definition of Terms.

Whenever any of the following names or terms are used in the California Fire Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Building department' means the `building division' of the City. (B) `Building official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (C) `City' means the City of Placentia.
(D) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as appointed by the City Administrator of the City, or his or her designee.
(E) `Jurisdiction' means the City of Placentia.
(F) `Local Enforcing Agency' means the agency for which the Fire Code Official performs its duties and/or the City.
(G) `OCFA' means Orange County Fire Authority.

Section 18.04.050 - Amendments to Fire Code.
4 The following provisions of the California Fire Code hereby are amended to read, in words and figures, as follows:

Chapter 1
Scope and Administration
Chapter 1 Scope and Administration is adopted in its entirety with the following amendments:

Section 112.4 Violation penalties is hereby revised as follows: Infraction, Misdemeanor, as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of either a misdemeanor, infraction or both as prescribed in Section 112.4.2 and 112.4.3. Penalties shall be as prescribed in local ordinance. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Sections 112.4.2 Infraction is hereby added as follows:
112.4.2 Infraction. Except as provided in Section 112.4.3, persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

Sections 112.4.3 Misdemeanor is hereby added as follows:
112.4.3 Misdemeanor. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative, or who violate the following sections of this code, shall be guilty of a misdemeanor:
104.12.2 Obstructing operations
104.12.3 Systems and Devices
109.6 Overcrowding
112.3.2 Compliance with Orders and Notices
113.4 Failure to comply
305.4 Deliberate or negligent burning
308.1.2 Throwing or placing sources of ignition
310.7 Burning Objects
3107.4Open or exposed flames
5 Chapter 2
Definitions
Chapter 2 Definitions is adopted in its entirety with the following amendments:

Sections 202 General Definitions is hereby revised by adding" "Flow -line" and "Hazardous Fire Area,"" as follows:
202 General Definitions
FLOW -LINE. The lowest continuous elevation on a curb defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

Chapter 3
General Requirements
Chapter 3 General Requirements is adopted in its entirety with the following amendments:

Section 304.1.2 Vegetation is hereby revised as follows:
304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49 and City of Placentia vegetation management guidelines.

Section 305.6 Disposal of Rubbish is hereby added as follows:
305.6 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

Section 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows:
6 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

Section 307.6.1 Gas -fueled devices is hereby added as follows:
307.6.1 Gas -fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied -petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied - petroleum gas is hereby added as follows:
307.6.2 Devices using wood or fuels other than natural gas or liquefied - petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace, Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3' from combustible construction at R-3 occupancies,
Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

Section 307.6.2.1 Where prohibited is hereby added as follows:
307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland- 7 Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire.

Section 324 Fuel Modification Requirements for New Construction is hereby added as follows:
324 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in areas with or adjacent to land having hazardous combustible vegetation shall comply with the requirements in the edition of City of Placentia Vegetation Management Guidelines currently in use at the time of plan submittal.

Section 325 Clearance of brush or vegetation growth from roadways is hereby added as follows:
325 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow -line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

Section 326 Unusual Circumstances is hereby added as follows:
326 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county -approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

Section 327 Use of Equipment is hereby added as follows:
327 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire 8 area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 327.1 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition
Section 327.1 Spark Arresters is hereby added as follows:
327.1 Spark arresters. Spark arresters shall comply with the following:

1. A spark arrester is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the United States Forest Service.

2. Spark arresters affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

Section 328 Restricted Entry is hereby added as follows:
328 Restricted entry. The fire code official shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of hazardous fire areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited.

Exceptions:

1. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or being upon their lands.

2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service.

Section 329 Trespassing on posted property is hereby added as follows:
329 Trespassing on posted property. When the fire code official determines that a specific area within a hazardous fire area presents an exceptional and continuing 9 fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided.

1. Signs. Approved signs prohibiting entry by unauthorized persons and referring to applicable fire code chapters shall be placed on every closed area

2. Trespassing. Entering and remaining within areas closed and posted is prohibited.

Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty.

Chapter 4
Emergency Planning and Preparedness
Chapter 4: Emergency Planning and Preparedness Adopt only the Sections listed below:

1. 401-401.9

2. 402

3. 403.1

4. 403.2

5. 403.4-403.4.4

6. 403.10.2.1.1

7. 403..12 — 403.12.3

8. 404.5— 404.6.6

9. 407
Chapter 5
Fire Service Features
Chapter 5 Fire Service Features is adopted in its entirety with the following amendments:

SECTION 501.1 Scope is revised as follows:
501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and the City of Placentia Guideline for Fire Department Access & Water Requires for Commercial & Residential Development, and the City of Placentia Guideline for Underground Piping for Private Hydrants & Sprinkler Supply Line. 10 SECTION 504.5 Escape Windows is added as follows:
504.5 Escape window access. Where escape windows are required by Section 1031.2, fire department access shall be provided to the escape window. An unobstructed setback area shall be provided. The minimum setback distance shall be calculated ((H/5)+2)+P= Clear space required.

Where:

H = Height of the windowsill measured from the exterior ground surface P = 3' ladder pad
SECTION 504.5 .1 Ladder Pad is added as follows:
504.5.1 Ladder Pad. Where a laddering pad is required, it shall be free of obstructions and vegetation for a minimum of 3 -foot x 3 -foot area. The laddering pad shall be a firm surface such as compacted decomposed granite, concrete, pavers, or asphalt. The laddering pad shall be placed at a distance from the structure as calculated by Section 504.5.

Chapter 6
Building Services and Systems
Chapter 6 Building Services and Systems is adopted in its entirety without amendments.

Chapter 7
Fire and Smoke Protection
Chapter 7 Fire and Smoke Protection is adopted in its entirety without amendments.

Chapter 8
Interior Finish, Decorative Materials and Furnishings
Chapter 8 Interior Finish, Decorative Materials and Furnishings is adopted in its entirety without amendments.

Chapter 9
Fire Protection and Life Safety Systems
Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:

SECTION 903.2, Where required, is hereby amended as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section as follows:
11 a) New buildings: In addition to the requirements of section 903.2.1 through 903.2.21, approved automatic sprinkler systems in new buildings and structures shall be provided when the gross area of the building exceeds 5,000 ft2 or more than two-story high.

Exception: Group R-3, occupancies shall comply with sections 903.2.8 b) Alteration: When the floor area of the Alteration within any two-year period exceeds
75% of area of the existing structure and the alteration includes structural modifications other than seismic upgrade.
c) Addition: Sprinkler protection shall be provided throughout the entire building when

1. Existing building less than 5,000 ft2: where 33% or more is added and the gross floor areas exceeds 5,000 ft2.

2. Existing building equal or greater than 5,000 ft2: where more than 2,000 ft2 is added.

SECTION 903.2.8, Group R, is hereby amended as follows:
903.2.8. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a) When an addition is 50% or more of the existing building area, as defined in Section 502.1, or greater than 1000 square feet (92.903 m2) within a two year period; or
b) An addition when the existing building is already provided with automatic sprinklers; or
c) When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determined that the complexity of installing a sprinkler system would be similar as in a new building.

SECTION 903.2.10 Group S-2, is hereby amended as follows:
903.2.10: Group S-2 Parking Garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages.

SECTION 903.2.10.1, Commercial Parking Garages, is hereby deleted without replacement.
12 Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3
TABLE 903.3.5.3
Hydraulically Calculated Systems
Design
7L
80 85
90100 110
PSI
120 130 140 150
SECTION 903.4, Sprinkler system supervision and alarms, is hereby amended by modifying item 1, deleting item 5 and 8, and renumbering the Exceptions as follows:

Exceptions:

1. Automatic sprinkler systems protecting one- and two-family dwellings.

Exterior alarm specified by Section 903.4.2 shall apply.

2. Limited area systems serving fewer than 20 sprinklers.

3. Automatic sprinkler systems installed in accordance with NFPA 13R where the common supply main is used to supply both the domestic and automatic sprinkler system, and a separate shutoff valve for automatic sprinkler system is not provided.

4. Jockey pump control valves that are sealed or locked in the open position.

5. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.

6. Trim valves to pressure switches in dry, pre -action and deluge sprinkler systems that are sealed or locked in the open position.

Chapter 10
Means of Egress
Chapter 10 Means of Egress is adopted in its entirety without amendments Chapter 11
13 Construction Requirements for Existing Buildings
Chapter 11 Construction Requirements for Existing Buildings. Adopt only those Sections and Subsections listed below:

1. 11.3.3.3

2. 1103.7

3. 1103.7.3

4. 1103.7.3.1

5. 1103.7.8 - 1103.7.8.2

6. 1103.7.9 - 1103.7.9.10

7. 1103.8 - 1103.8.5.3

8. 1103.9.1

9. 1107

10.1113

11.1114

12.1115

13.1116
Chapter 12
Energy Systems
Chapter 20 Energy Systems is adopted in its entirety with the following amendments:

Section 1205.2 Access and Pathways.

Exception 3. Building -Integrated Photovoltaic (BIPV) systems where the BIPV systems are approved, integrated into the finished roof surface and are listed in accordance with a national test standard developed to address Section 690.12(B)(2) of the California Electrical Code. The removal or cutting away of portions of the BIPV system during firefighting operations shall not expose a firefighter to electrical shock hazard and smoke ventilation opportunity areas have been identified.

Chapter 20
Aviation Facilities
Chapter 20 Aviation Facilities is adopted in its entirety without amendments:

Chapter 21
Dry Cleaning
Chapter 21 Dry Cleaning is adopted in its entirety without amendments.

Chapter 22
Combustible Dust -Producing Operations
Chapter 22 Combustible Dust -Producing Operations is adopted in its entirety without amendments.

Chapter 23
Motor Fuel -Dispensing Facilities and Repair Garages
Chapter 23 Motor Fuel -Dispensing Facilities and Repair Garages is adopted in its entirety without amendments.

Chapter 24
Flammable Finishes
14 Chapter 24 Flammable Finishes is adopted in its entirety without amendments.

Chapter 25
Fruit and Crop Ripening
Chapter 25 Fruit and Crop Ripening is adopted in its entirety without amendments.

Chapter 26
Fumigation and Thermal Insecticidal Fogging
Chapter 26 Fumigation and Thermal Insecticidal Fogging is adopted in its entirety without amendments.

Chapter 27
Semiconductor Fabrication Facilities
Chapter 27 Semiconductor Fabrication Facilities is adopted in its entirety without amendments
Chapter 28
Lumber Yards and Agro-Industrial, solid Biomass and Woodworking Facilities Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass, and Woodworking Facilities is adopted in its entirety without amendments:

Chapter 29
Manufacture of Organic Coatings
Chapter 29 Manufacture of Organic Coatings is adopted in its entirety without amendments.

Chapter 30
Industrial Ovens
Chapter 30 Industrial Ovens is adopted in its entirety without amendments.

Chapter 31
Tents, Temporary Special Event Structures and Other Membrane Structures Chapter 31 Tents, Temporary Special Event Structures and Other Membrane Structures is adopted in its entirety without amendments.

Chapter 32
High -Piled Combustible Storage
Chapter 32 High -Piled Combustible Storage is adopted in its entirety without amendments.

Chapter 33
Fire Safety During Construction and Demolition
Chapter 33 Fire Safety During Construction and Demolition is adopted in its entirety without amendments.

Chapter 34
Tire Rebuilding and Tire Storage
Chapter 34 Tire Rebuilding and Tire Storage is adopted in its entirety without amendments.

Chapter 35
15 Welding and Other Hot Work
Chapter 35 Welding and Other Hot Work is adopted in its entirety without amendments.

Chapter 36
Marinas
Chapter 36 Marinas is adopted in its entirety without amendments.

Chapter 37
Combustible Fibers
Chapter 37 Aviation Facilities is adopted in its entirety without amendments:

Chapter 38
Higher Education Laboratories
Chapter 38 Higher Education Laboratories is adopted in its entirety without amendments:

Chapter 39
Processing and Extraction Facilities
Chapter 39 Processing and Extraction Facilities is adopted in its entirety without amendments:

Chapter 40
Storage of Distilled Spirits and Wines
Chapter 40 Storage of Distilled Spirits and Wines is adopted in its entirety without amendments:

Chapter 48
Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations
Chapter 48 Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations is adopted in its entirety without amendments.

Chapter 49
Requirements for Wildland-Urban Interface Fire Areas
Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendments:

Section 4906.2 Application. is hereby revised by as follows:
4906.2 Application. All new plantings of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone shall comply with Sections 4906.3 through 4906.5.3 and I City of Placentia Vegetation Management Guidelines.

Section 4911 Fuel Modification Requirements for New Construction is hereby added as follows:
16 4911 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in hazardous fire areas shall comply with the following:

1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official concurrent with the submittal for approval of any tentative map.

2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.

2.1 The fuel modification plan shall include provisions for the maintenance of the fuel modification for perpetuity.

3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of the City of Placentia Vegetation Management Guidelines.

4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official.

5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.

Chapter 50
Hazardous Materials — General Provisions
Chapter 50 Hazardous Materials — General Provisions is adopted in its entirely with the following amendments.

Section 5001.5.2 Hazardous Materials Inventory Statement (HMIS), is hereby amended by modifying the starting paragraph as follows:
5001.5.2 Hazardous Materials Inventory Statement (HMIS). Where required by the fire code official, an application for a permit shall include City of Placentia Chemical Classification Packet, which shall be completed and approved prior to approval of plans, and/or the storage, use or handling of chemicals on the premises. The Chemical Classification Packet shall include the following information and formatted as specified in the City of Placentia Chemical Classification Packet:

1. Product Name

2. Component

3. Chemical Abstract Service (CAS) number

4. Location where stored or used.

5. Container size

6. Hazard classification

7. Amount in storage

8. Amount in use -closed systems

9. Amount in use -open systems.

Section 5003.1.1.1 Extremely Hazardous Material is hereby added as follows:
5003.1.1.1 Extremely Hazardous Substances. No person shall use or store any amount of extremely hazardous substances (EHS) in excess of the disclosable amounts 17 (see Health and Safety Code Section 25500 et al) in a residential zoned or any residentially developed property
Chapter 51
Aerosols
Chapter 51 Aerosols is adopted in its entirety without amendments.

Chapter 53
Compressed Gases
Chapter 53 Compressed Gases is adopted in its entirety without amendments.

Chapter 54
Corrosive Materials
Chapter 54 Corrosive materials is adopted in its entirety without amendments.

Chapter 55
Cryogenic Fluids
Chapter 55 Cryogenic Fluids is adopted in its entirety without amendments.

Chapter 56
Explosives and Fireworks
Chapter 56 Explosives and Fireworks California Fire Code Chapter 56 is adopted in its entirety with the following amendments:

Section 5601.2.5 Retail Fireworks is hereby added as follows:
5601.2.5 Retail Fireworks. The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G is prohibited.

Exception: Fireworks 1.4G and fireworks 1.3G may be part of an electrically fired public display when permitted and conducted by a licensed pyrotechnic operator
Section 5601.3.6 Seizure of Fireworks is hereby added as follows:
5601.3.6 Seizure of Fireworks. The fire code official shall have the authority to seize, take, remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 CCR, Chapter 6. Any seizure or removal pursuant to this section shall be in compliance with all applicable statutory, constitutional, and decisional law.

Section 5608.2 Firing is hereby added as follows:
5608.2 Firing. All fireworks displays shall be electrically fired.

Section 5614 Explosives and blasting is hereby added as follows:
5614 Explosives and blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within wildland-urban interface areas, or hazardous fire areas except by permit from the fire code official.
18 Chapter 57
Flammable and Combustible Liquids
Chapter 57 Flammable and Combustible Liquids is adopted in its entirety with the following amendments.

Section 5704.2.3.2 Label or placard is hereby amended by modifying the NFPA standard as follows:
5704.2.3.2 Label or placard. Tanks more than 100 gallons (379 L) in capacity, which are permanently installed or mounted and used for the storage of Class I, II or I II liquids, shall bear a label and placard identifying the material therein.

Placards shall be 3" red letters on white background and made of durable materiel.

Section 5707 On Demand Mobile Fueling Operations hereby amended by as follows:

Sections 5707.1 General. On -demand mobile fueling operations that dispense Class I, II and III liquids into the fuel tanks of motor vehicles shall be prohibited.

Sections 5707.2 through 5707.6 is hereby deleted without replacement.

Chapter 58
Flammable Gases and Flammable Cryogenic Fluids
Chapter 58 Flammable Gases and Flammable Cryogenic Fluids is adopted in its entirety with the following amendment.

Section 5801.1 Scope is hereby revised as follows:
5801.1 Scope. The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55. Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply with Chapter 55.

Flammable cryogenic fluids shall comply with Section 5806. Hydrogen motor fuel - dispensing stations and repair garages and their associated above -ground hydrogen storage systems shall also be designed, constructed and maintained in accordance with Chapter 23. Mobile fueling of hydrogen -fueled vehicles shall comply with Section 5809.

Development of projects within 300 feet of active or abandoned oil well shall comply with Placentia Combustible Soil Has Hazard Mitigation Guideline.

Chapter 59
Flammable Solids
Chapter 59 Flammable Solids is adopted in its entirety without amendments.

Chapter 60
Highly Toxic and Toxic Materials
Chapter 60 Highly Toxic and Toxic Materials is adopted in its entirety without 19 amendments.

Chapter 61
Liquefied Petroleum Gases
Chapter 61 Liquefied Petroleum Gases is adopted in its entirety without amendments.

Chapter 62
Organic Peroxides
Chapter 62 Organic Peroxides is adopted in its entirety without amendments.

Chapter 63
Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids Chapter 63 Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids is adopted in its entirety without amendments.

Chapter 64
Pyrophoric Materials
Chapter 64 Pyrophoric Materials is adopted in its entirety without amendments.

Chapter 65
Pyroxylin (Cellulose Nitrate) Plastics
Chapter 65 Pyroxylin (Cellulose Nitrate) Plastics is adopted in its entirety without amendments.

Chapter 66
Unstable (Reactive) Materials
Chapter 66 Unstable (Reactive) Materials is adopted in its entirety without amendments.

Chapter 67
Water -Reactive Solids and Liquids
Chapter 67 Water -Reactive Solids and Liquids is adopted in its entirety without amendments.

Chapter 80
Referenced Standards
Chapter 80 Referenced Standards is adopted in its entirety with the following amendments:

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2'/2" inlets. The location shall be approved and be no more than 100 feet from a public hydrant. The FDC may be located within 100 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. 20 Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2 1/2" inlets shall be provided.

Section 9.4.3.1 is hereby revised as follows:

9.4.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick -response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted.

Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick -response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard -response sprinklers used for modifications or additions to existing light hazard systems equipped with standard -response sprinklers (6) Standard -response sprinklers used where individual standard -response sprinklers are replaced in existing light hazard systems Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.

Section 19.1.1.1 is hereby added as follows:

19.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 21.4.1.2.2.1 (d) curve "D". Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted.

Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy.

Section 11.2.3.1.1.1 is hereby added as follows:

11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official:
1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433; 2) Use a maximum of 40 psi, if available;
3) Utilize the City of Placentia water -flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California.

Section 16.9.10.2 is hereby deleted without replacement. 21 Section 16.9.10.3 is hereby deleted without replacement.

Section 16.9.10.4 is hereby deleted without replacement.

NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One - and Two -Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 5.1.3 is hereby added as follows:

5.1.3 Stock of Spare Sprinklers
Section 5.1.3.1 is hereby added as follows:

5.1.3.1. A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.

Section 5.1.3.2 is hereby added as follows:

5.1.3.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property.

Section 5.1.3.3 is hereby added as follows:

5.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100 °F (38°C).

Section 5.1.3.4 is hereby added as follows:

5.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed.

Section 7.1.2 is hereby revised as follows:

7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby is deleted in its entirety and replaced as follows:

7.3.1.1 Class I and I II Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.

NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.9* (3) and (5) is hereby deleted without replacement and (6) and (7) renumbered as follows:
(5) Control Valves installed in a fire -rated room accessible from the exterior. (6) Control valves in a fire -rated stair enclosure accessible from the exterior as permitted by the authority having jurisdiction.

Section 6.2.9* (2) is hereby revised as follows:
(2) When approved by the fire code official, a wall post indicating valve.

Section 6.3.3 is hereby added as follows:

Section 6.3.3 All post indicator valves controlling fire suppression water supplies 22 shall be painted OSHA red.

Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8 -mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use.

Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.3.7 Bolts is hereby added as follows:

10.3.7 Bolts. All bolts used in pipe -joint assembly shall be 316 stainless steel.

Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion -retarding material, prior to poly -tube, and after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.3.1 is hereby deleted and replaced as follows:

10.4.3.1 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2.

Section 10.4.3.1.1 is hereby revised as follows:

10.4.3.1.1 Pipe joints shall not be located under foundation footings. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints.

Appendices
Appendix B is adopted in its entirety with the following amendments.

Table B105.1 (1) is hereby revised as follows:

TABLE B105.1(1)
REQUIRED FIRE -FLOW FOR ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

CALCULATION AREA
(square feet)

AUTOMATIC SPRINKLER SYSTEM
(Design Standard)

MINIMUM FIRE -FLOW
(gallons per minute)
FLOW DURATION (hours)
0-3,600
No automatic sprinkler system
1,000
1 3,601 and greater
No automatic sprinkler system
Value in Table
B105.1(2)
Duration in Table B105.1(2)
at the required fire -flow rate
0-3,600
Section 903.3.1.3 of the California Fire Code
or Section 313.3 of the California Residential
Code
750
3/4
3,601 and greater
Section 903.3.1.3 of the California Fire Code
or Section 313.3 of the California Residential
Code
1/2 value in Table
B105.1(2) but not less
than 1500
1 For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m Table B105.2 is hereby revised as follows:
23 TABLE B105.2
REQUIRED FIRE -FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4

BUILDINGS AND TOWNHOUSES
AUTOMATIC SPRINKLER SYSTEM (Design
Standard)
MINIMUM FIRE -FLOW (gallons per
minute)
FLOW DURATION (hours)
No automatic sprinkler system
Value in Table B105.1(2)
Duration in Table B105.1(2)
Section 903.3.1.1 or Section 903.3.1.2 of the
California Fire Code
50% of the value in Table B105.1(2)
but not less than 1500
Duration in Table B105.1(2)
For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m Appendix BB is adopted in its entirety without amendments:

Appendix C is adopted in its entirety with the following amendments:

Section C103.1 is hereby revised as follows:

C103.1 Hydrant Spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall not exceed 300 feet, measured along the fire department access route. In locations where it is impractical to place a fire hydrant 40 feet from the protected structure the hydrant spacing shall be reduced to 150 feet.

Section C103.2 Average Spacing is hereby deleted without replacement.

Section C103.3 Maximum Spacing is hereby deleted without replacement.

Appendix CC is adopted in its entirety without amendments:

Appendix D is deleted in its entirety without amendments.

Appendix E is deleted in its entirety without amendments.

Appendix F is deleted in its entirety without amendments.

Appendix G is deleted in its entirety without amendments.

Appendix H is adopted in its entirety without amendments.

Appendix I is deleted in its entirety without amendments.

Appendix J is deleted in its entirety without amendments.

Appendix K is deleted in its entirety without amendments.

Appendix L is deleted in its entirety without amendments.

Appendix M is deleted in its entirety without amendments.

Appendix N is deleted in its entirety without amendments.

Appendix O is deleted in its entirety without amendments. 24 Section 18.04.060 - Enforcement and Inspections.

The Placentia Fire Code, as set forth in this chapter shall be enforced by the Local Enforcement Agency. The Fire Code Official or City Administrator or designee, may detail and designate such staff members as shall be deemed necessary from time to time to enforce Chapter 18.04.

Section 18.04.070 - Fees.

Notwithstanding any provision of the Placentia Fire Code as hereby adopted, all fees for services provided pursuant to the Placentia Fire Code shall approved by resolution therefor as adopted by the city council of the city of Placentia or the Orange County fire authority board of directors, as the case may be, pursuant to the provisions of California Government Code Section 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to one hundred (100) percent of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.

Section 18.04.080 - Copy filed.

One (1) copy of the California Fire Code, 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the building official and the Orange County fire authority pursuant to the requirements of California Health and Safety Code Section 18942(e)(1) and is available for public inspection."
SECTION 8. A new Chapter 20.04 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.04
California Building Code, 2022 Edition
Sections:

20.04.010 Title

20.04.020 Purpose

20.04.030 Adoption of Building Code

20.04.040 Definition of Terms

20.04.050 Amendments to Building Code

20.04.060 Enforcement and Inspections

20.04.070 Fees

20.04.080 Copy filed
Chapter 15.04

BUILDING CODE
25 Section 20.04.010 - Title.

This Chapter shall be known as the `Placentia Building Code.' Section 20.04.020 - Purpose.
"The purpose of this Chapter is to prescribe regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures and conditions hazardous to life or property in the occupancy of buildings and premises as herein provided.

Section 20.04.030 - Adoption of Building Code
Except as provided in this chapter, those certain building codes known and designated as the California Building Code 2022 Edition, including all appendices, is hereby adopted by reference as the Building Code of the City of Placentia for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City of Placentia.

Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Building Code, said State regulations shall prevail over the provisions of the Placentia Building Code except as specifically modified herein.

Section 20.04.040 - Definition of Terms.

Whenever any of the following names or terms are used in the California Building Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Building department' means the `building division' of the City. (B) `Building official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (C) `City' means the City of Placentia.
(D) `Fire Code' means the Placentia Fire Code
(E) `Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as appointed by the City Administrator of the City, or his or her designee.
(F) `Local enforcing agency' means the City.

Section 20.04.050 - Amendments to Building Code.

The following provisions of the 2022 California Building Code (CBC) are hereby amended to read, in words and figures, as follows:
26 Administrative Provisions. Division II of Chapter 1, entitled "Scope and Administration", is applicable in the City.
101.1 Title. These regulations shall be known as the Building Code of the City of Orange, hereinafter referred to as "this code."
103.1 Creation of enforcement agency. The Building and Safety Services Department is hereby created and the official in charge thereof shall be known as the building official.

The function of the agency shall be the implementation, administration, and enforcement of the provisions of the code.
105.2 Work Exempt from Permit. Exceptions 2, 9 and 14 shall read as follows:

2. Fences under 6 feet (1829 mm) high.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches (457.2 mm) deep, do not exceed 5,000 gallons (18,927.059L) and are installed entirely above ground.

14. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.2.
107.3 Examination of Documents. The following paragraph is added:

An expedited review and permit issuance process shall be provided for EV Charging Stations and simplified forms for submittal will be made available on City's website.

Chapter 9
Fire Protection and Life Safety Systems
Chapter 9 Fire Protection and Life Safety Systems is adopted in its entirety with the following amendments:

SECTION 903.2, Where required, is hereby amended as follows:
903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section as follows:
a) New buildings: In addition to the requirements of section 903.2.1 through 903.2.21, approved automatic sprinkler systems in new buildings and structures shall be provided when the gross area of the building exceeds 5,000 ft2 or more than two-story high.

Exception: Group R-3, occupancies shall comply with sections 903.2.8 b) Alteration: When the floor area of the Alteration within any two-year period exceeds
75% of area of the existing structure and the alteration includes structural modifications other than seismic upgrade.
27 c) Addition: Sprinkler protection shall be provided throughout the entire building when

1. Existing building less than 5,000 ft2: where 33% or more is added and the gross floor areas exceeds 5,000 ft2.

2. Existing building equal or greater than 5,000 ft2: where more than 2,000 ft2 is added.

SECTION 903.2.8, Group R, is hereby amended as follows:
903.2.8. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a) When an addition is 50% or more of the existing building area, as defined in Section 502.1, or greater than 1000 square feet (92.903 m2) within a two year period; or
b) An addition when the existing building is already provided with automatic sprinklers; or
c) When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determined that the complexity of installing a sprinkler system would be similar as in a new building.

SECTION 903.2.10 Group S-2, is hereby amended as follows:
903.2.10: Group S-2 Parking Garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages.

SECTION 903.2.10.1, Commercial Parking Garages, is hereby deleted without replacement.

Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows:
903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity
Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3
28 TABLE 903.3.5.3
Hydraulically Calculated Systems
Design
75 80-
85 90100 110
PSI
120 130 140 150
SECTION 903.4, Sprinkler system supervision and alarms, is hereby amended by modifying item 1, deleting item 5 and 8, and renumbering the Exceptions as follows:

Exceptions:

1. Automatic sprinkler systems protecting one- and two-family dwellings.

Exterior alarm specified by Section 903.4.2 shall apply.

2. Limited area systems serving fewer than 20 sprinklers.

3. Automatic sprinkler systems installed in accordance with NFPA 13R where the common supply main is used to supply both the domestic and automatic sprinkler system, and a separate shutoff valve for automatic sprinkler system is not provided.

4. Jockey pump control valves that are sealed or locked in the open position.

5. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position.

6. Trim valves to pressure switches in dry, pre -action and deluge sprinkler systems that are sealed or locked in the open position.

Chapter 35
Referenced Standards
Chapter 35 Referenced Standards is adopted in its entirety with the following amendments:

NFPA 13, 2022 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows:

Section 16.12.3.3 is hereby revised as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2'/2" inlets. The location shall be approved and be no more than 100 feet from a public hydrant. The FDC may be located within 100 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly.

Fire department inlet connections shall be painted OSHA safety red. When the fire 29 sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2'/2" inlets shall be provided.

Section 9.4.3.1 is hereby revised as follows:

9.4.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick -response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted.

Sprinklers in light hazard occupancies shall be one of the following:
(1) Quick -response type as defined in 3.6.4.8
(2) Residential sprinklers in accordance with the requirements of 8.4.5 (3) Quick response CMSA sprinklers
(4) ESFR sprinklers
(5) Standard -response sprinklers used for modifications or additions to existing light hazard systems equipped with standard -response sprinklers
(6) Standard -response sprinklers used where individual standard - response sprinklers are replaced in existing light hazard systems Section 9.2.1.7 is hereby revised as follows:

9.2.1.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official.

Section 19.1.1.1 is hereby added as follows:

19.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 21.4.1.2.2.1 (d) curve "D". Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy.

Section 11.2.3.1.1.1 is hereby added as follows:

11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official:
1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433; 2) Use a maximum of 40 psi, if available;
3) Utilize the City of Placentia water -flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California.

Section 16.9.10.2 is hereby deleted without replacement. 30 Section 16.9.10.3 is hereby deleted without replacement.

Section 16.9.10.4 is hereby deleted without replacement.

NFPA 13D 2022 Edition, Standard for the Installation of Sprinkler Systems in One - and Two -Family Dwellings and Manufactured Homes is hereby amended as follows:

Section 5.1.3 is hereby added as follows:

5.1.3 Stock of Spare Sprinklers
Section 5.1.3.1 is hereby added as follows:

5.1.3.1. A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.

Section 5.1.3.2 is hereby added as follows:

5.1.3.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property.

Section 5.1.3.3 is hereby added as follows:

5.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100 °F (38°C).

Section 5.1.3.4 is hereby added as follows:

5.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed.

Section 7.1.2 is hereby revised as follows:

7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary, or remote station alarm service.

NFPA 14, 2019 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows:

Section 7.3.1.1 is hereby is deleted in its entirety and replaced as follows:

7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor.

NFPA 24, 2019 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows:

Section 6.2.9* (3) and (5) is hereby deleted without replacement and (6) and (7) renumbered as follows:
(5) Control Valves installed in a fire -rated room accessible from the exterior. (6) Control valves in a fire -rated stair enclosure accessible from the exterior as permitted by the authority having jurisdiction.

Section 6.2.9* (2) is hereby revised as follows:
(2) When approved by the fire code official, a wall post indicating valve.

Section 6.3.3 is hereby added as follows:
31 Section 6.3.3 All post indicator valves controlling fire suppression water supplies shall be painted OSHA red.

Section 10.1.5 is hereby added as follows:

10.1.5 All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8 -mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use.

Galvanizing does not meet the requirements of this section.

Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.3.7 Bolts is hereby added as follows:

10.3.7 Bolts. All bolts used in pipe -joint assembly shall be 316 stainless steel.

Section 10.4.1.1 is hereby revised as follows:

10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion -retarding material, prior to poly -tube, and after installation.

Exception: Bolted joint accessories made from 304 or 316 stainless steel.

Section 10.4.3.1 is hereby deleted and replaced as follows:

10.4.3.1 Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.6.2.

Section 10.4.3.1.1 is hereby revised as follows:

10.4.3.1.1 Pipe joints shall not be located under foundation footings. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints.

Chapter 15
Roof Assemblies and Rooftop Structures Table 1505.1 is hereby revised to read as follows:

TABLE 1505.1a

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION
IA
IB
IIA
IIB
IIIA
IIIB
IV
VA
VB
B
B
B
B
B
B
B
B
B
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2.
a. Unless otherwise required in accordance with Chapter 7A.

CBC Section 1505.1.3 is amended as follows:
1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced 32 within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant roof covering that is at least Class B.

Section 20.04.060 - Enforcement and Inspections.
"The Placentia Building Code, as set forth in this Chapter 20.04 shall be enforced by the City Building Official or his or her designee.

Section 20.04.070 - Fees.
"Notwithstanding any provision of the Placentia Building Code as hereby adopted, all fees for services provided pursuant to the Placentia Building Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay, a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.

Section 20.04.080 - Copy filed.

One (1) copy of the California Building Code, 2022 Edition, based on the 2021 International Building Code as published by the International Code Council, including all appendices thereto and including all amendments made herein is on file in the office of the Building Official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 9. A new Chapter 20.08 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.08
California Residential Code, 2022 Edition
Sections:

20.08.010 Title

20.08.020 Purpose

20.08.030 Adoption of Residential Code

20.08.040 Definition of Terms

20.08.050 Amendments to Residential Code

20.08.060 Enforcement and Inspections

20.08.070 Fees

20.08.080 Copy filed
Section 20.08.010 - Title.
33 This Chapter shall be known as the `Placentia Residential Code.' Section 20.08.020 - Purpose.

The purpose of this Chapter is to prescribe regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures and conditions hazardous to life or property in the occupancy of residential buildings and premises as herein provided.

Section 20.08.030 - Adoption of the 2022 California Residential Code.

Except as provided in this chapter, those certain building codes known and designated as the California Residential Code (CRC) 2022 Edition, based on the 2021 International Residential Code as published by the International Code Council, including Division II in Chapter 1, and including Appendix AH (Patio Covers) and Appendix AX (Swimming Pool Safety Act), shall become the residential code of the City of Placentia for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, equipment, use, height, area and maintenance of all residential structures within the scope of the CRC in the City of Placentia.

Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Residential Code, said State regulations shall prevail over the provisions of the Placentia Residential Code except as specifically modified herein.

Section 20.08.040 - Definition of Terms.

Whenever any of the following names or terms are used in the California Residential Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Building department' means the `building division' of the City. (B) 'Building official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (C) 'City' means the City of Placentia.
(D) 'Fire Code' means the Placentia Fire Code. '
(E) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as appointed by the City Administrator of the City, or his or her designee.
(F) `Jurisdiction' means the City.
(G) 'Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.

Section 20.08.050 - Amendments to Residential Code.
34 The following provisions of the 2022 California Residential Code (CRC) hereby are amended to read, in words and figures, as follows:

CRC Table R301.2 is revised to read as follows:

TABLE R301.2(1)

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW
LOAD
o

WIND DESIGN

SEISMIC
DESIGN

CATEGORY
f

SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMP
e

ICE BARRIER

UNDERLAYMENT

REQUIRED
h
FLOOD

HAZARDS
g
AIR

FREEZING
INDEX
i
MEAN
ANNUAL
TEMP
j
Speed
(MPH)
d
Topographic
effects
k
Special
wind
region
I
Windborne
debris
zone
m
Weathering
a
Frost
line
depth
b
Termite
c
ZERO
110
No
No
No
D2 or E
Negligible
12"
Ve
HeartW
43 No
Yes
0 60
MANUAL J DESIGN CRITERIA n

ELEVATION

LATITUDE
WINTER

HEATING
SUMMER

COOLING

ALTITUDE

CORRECTION
FACTOR

INDOOR DESIGN

TEMPERATURE
DESIGN

TEMPURATURE

COOLING

HEAT TEMPERATURE

DIFFERENCE
305
34 37
91 70
75 COOLING

TEMURATURE

DIFFERENCE

WIND VELOCITY

HEATING

WIND VELOCITY

COOLING

COINCIDENT WET
BULB

DAILY RANGE

WINTER HUMIDITY

SUMMER HUMIDITY
7 69
27 7 (50% RH)
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2( 4)].Wind exposure category shall be determined on a site -specific basis in accordance with Section R301.2.1.4.
e. The outdoor design dry-bulb temperature shall be selected from the columns of 971/2 -percent values for winter from Appendix D of the California Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The City of Placentia does not have any Flood Hazards Zones. (OR, if yes) See City's FIRM maps for Flood Hazard Locations.
h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100 -year return period air freezing index (BF -days) from Figure R403.3(2) or from the 100 -year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 32°)" at www.ncdc.noaa.gov/fpsf.htrnl .
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index -USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html .
35 k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table.

I. In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with "YES" and identify any specific requirements. Otherwise, the jurisdiction shall indicate "NO" in this part of the table. W,
m. In accordance with Section R301.2.1.2.1, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate "NO" in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1 b from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2 (6).

CRC Section R902.1 is amended by revising it to allow only class A or B roofs as follows:

R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.

2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks.

Section R902.1.3 Roofing covering materials is amended by revising it to require a minimum Class B roof, and to read as follows:

R902.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant roof covering that is at least Class B.

CRC Appendix AX, Section AX100 is revised to read as follows:
(a) Except as provided in Section AX100, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item #1 below AND at least one additional following seven drowning prevention features:
#1. An enclosure that meets the requirements of AX100 and isolates the swimming pool and spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in AX100. Any such door 36 protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.

Section 20.08.060 - Enforcement and Inspections.

The Placentia Residential Code, as set forth in this Chapter 20.08 shall be enforced by the City Building Official or his or her designee.

Section 20.08.070 - Fees.
"Notwithstanding any provision of the Placentia Residential Code as hereby adopted, all fees for services provided pursuant to the Placentia Residential Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay, a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.

Section 20.08.080 - Copy filed.
"One (1) copy of the California Residential Code (CRC) 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the Building Official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 10. A new Chapter 20.12 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.12
California Plumbing Code, 2020 Edition
Sections:

20.12.010 Title

20.12.020 Purpose

20.12.030 Adoption of Plumbing Code

20.12.040 Definition of Terms

20.12.050 Amendments to Plumbing Code

20.12.060 Enforcement and Inspections

20.12.070 Fees

18.12.080 Copy filed
Section 20.12.010 - Title.

This Chapter shall be known as the `Placentia Plumbing Code.' 37 Section 20.12.020 - Purpose.

The purpose of this Chapter is to prescribe regulations for construction, enlargement, alteration, repair, improving, removal, conversion, demolition, equipment use, plumbing systems, materials and appurtenances and conditions hazardous to life or property in the occupancy of buildings and premises as herein provided.

Section 20.12.030 - Adoption of Plumbing Code.

Except as otherwise provided in this Chapter, the California Plumbing Code, 2022 Edition, incorporating the 'Uniform Plumbing Code,' 2021 Edition, including Appendix A and Appendix L, is hereby adopted as the `Placentia Plumbing Code,' regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City of Placentia.

Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Plumbing Code, said State regulations shall prevail over the provisions of the Placentia Plumbing Code except as specifically modified herein.

Section 20.12.040 - Definition of Terms.

Whenever any of the following names or terms are used in the California Plumbing Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Building official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) "Jurisdiction' means the City.
(H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.

Section 20.12.050 - Amendments to Plumbing Code.

Reserved for future amendments
38 Section 20.12.060 - Enforcement and Inspections.

The Placentia Plumbing Code, as set forth in this Chapter 20.12 shall be enforced by the building official or his or her designee.

Section 20.12.070 - Fees.
"Notwithstanding any provision of the Placentia Plumbing Code as hereby adopted, all fees for services provided pursuant to the Placentia Plumbing Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay, a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.

Section 20.12.080 - Copy filed.

One (1) copy of the California Plumbing Code, 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the Building Official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 11. A new Chapter 20.16 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.16
California Electrical Code, 2022 Edition
Sections:

20.16.010 Title

20.16.020 Purpose

20.16.030 Adoption of Electrical Code

20.16.040 Definition of Terms

20.16.050 Amendments to Electrical Code

20.16.060 Enforcement and Inspections

20.16.070 Fees

20.16.080 Copy filed
Section 20.16.010 - Title.
"This Chapter shall be known as the `Placentia Electrical Code.' Section 20.16.020 - Purpose.
"The purpose of this Chapter is to prescribe regulations for construction, 39 enlargement, alteration, repair, improving, removal, conversion, demolition, equipment use, electrical systems, materials and appurtenances and conditions hazardous to life or property in the occupancy of buildings and premises as herein provided.

Section 20.16.030 - Adoption of Electrical Code.
"Except as provided in this chapter, the California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association is hereby adopted as the `Placentia Electrical Code,' regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the City of Placentia. "Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Electrical Code, said State regulations shall prevail over the provisions of the Placentia Electrical Code except as specifically modified herein.

Section 20.16.040 - Definition of Terms.

Whenever any of the following names or terms are used in the California Electrical Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Chief Electrical Inspector' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) `Jurisdiction' means the City.
(H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.

Section 20.16.050 - Amendments to Electrical Code.

The following provisions of the California Electrical Code hereby are amended to read, in words and figures, as follows:
40 310.3(B) Conductor Material is revised to add a second paragraph to read as follows: Copper wire shall be used for wiring No. 6 and smaller in all installations.

Consideration for use of aluminum wiring can be made by the Building Official for feeder lines only on an individual basis where adequate safety measures can be ensured. 690.13(A) Location is revised to read as follows:

The means to disconnect a photovoltaic and electrical energy storage system shall be installed at a readily accessible location on the exterior of the building. A visible -open, lockable AC disconnect shall be located within three (3) feet of the meter, photovoltaic disconnect, or as required by the Building or Fire Code Official.

Section 20.16.060 - Enforcement and Inspections.

The Placentia Electrical Code, as set forth in this Chapter 20.12 shall be enforced by the building official or his or her designee.

Section 20.16.070 - Fees.
"Notwithstanding any provision of the Placentia Electrical Code as hereby adopted, all fees for services provided pursuant to the Placentia Electrical Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100`)/0 of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.

Section 20.16.080 - Copy filed.
"One (1) copy of the California Electrical Code, 2022 Edition, based on the 2020 National Electrical Code as published by the National Fire Protection Association, including all appendices thereto and including all amendments made herein is on file in the office of the Building Official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection." SECTION 12. A new Chapter 20.20 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.20
California Mechanical Code, 2022 Edition
Sections:

20.20.010 Title

20.20.020 Purpose

20.20.030 Adoption of Mechanical Code

20.20.040 Definition of Terms

20.20.050 Amendments to Mechanical Code
41 20.20.060 Enforcement and Inspections

20.20.070 Fees

20.20.080 Copy filed
Section 20.20.010 - Title.

This Chapter shall be known as the `Placentia Mechanical Code.' Section 20.20.020 - Purpose.
"The purpose of this Chapter is to prescribe regulations for construction, enlargement, alteration, repair, improving, removal, conversion, demolition, equipment use, mechanical systems, materials and appurtenances and conditions hazardous to life or property in the occupancy of buildings and premises as herein provided.

Section 20.20.030 - Adoption of Mechanical Code.

Except as provided in this chapter, the California Mechanical Code, 2022 Edition, is hereby adopted as the `Placentia Mechanical Code,' including all appendices thereto and including all amendments made herein, and such Code shall be and become the Mechanical Code of the City of Placentia, governing, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, Incinerators and other miscellaneous heat producing appliances in the City of Placentia.

Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Mechanical Code, said State regulations shall prevail over the provisions of the Placentia Mechanical Code except as specifically modified herein.

Section 20.20.040 - Definition of Terms.

Whenever any of the following names or terms are used in the California Mechanical Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Mechanical inspector' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his 42 or her designee.
(G) "Jurisdiction' means the City.
(H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.

Section 20.20.050 - Amendments to Mechanical Code.

Reserved for future amendments
Section 20.20.060 - Enforcement and Inspections.

The Placentia Mechanical Code, as set forth in this Chapter 20.20 shall be enforced by the building official or his or her designee.

Section 20.20.070 - Fees.

Notwithstanding any provision of the Placentia Mechanical Code as hereby adopted, all fees for services provided pursuant to the Placentia Mechanical Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.

Section 20.20.080 - Copy filed.

One (1) copy of the California Mechanical Code, 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the building official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 13. A new Chapter 20.46 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:

Chapter 20.46
California Energy Code, 2022 Edition
Sections:

20.46.010 Title

20.46.020 Purpose

20.46.030 Adoption of California Energy Code

20.46.040 Definition of Terms

20.46.050 Amendments to California Energy Code

20.46.060 Enforcement and Inspections
43 20.46.070 Fees

20.46.080 Copy filed
Section 20.46.010 - Title.

This Chapter shall be known as the `Placentia Energy Code.' Section 20.46.020 - Purpose.

The purpose of this Chapter is to prescribe regulations for regulating and controlling the energy efficiency of buildings in the City of Placentia.

Section 20.46.030 - Adoption of California Energy Code.

Except as provided in this chapter, those certain building codes known and designated as the California Energy Code, 2022 Edition, as published by the California Energy Commission, shall be and become the Energy Code of the City of Placentia, including all appendices thereto.

Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Energy Code, said State regulations shall prevail over the provisions of the Placentia Energy Code except as specifically modified herein.

Section 20.46.040 - Definition of Terms.

Whenever any of the following names or terms are used in the California Energy Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Building Official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) "Jurisdiction' means the City.
(H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.
44 Section 20.12.050 - Amendments to California Energy Code.

Reserved for future amendments
Section 20.46.060 - Enforcement and Inspections.

The Placentia Energy Code, as set forth in this Chapter 20.46 shall be enforced by the building official or his or her designee.

Section 20.46.070 - Fees.

Notwithstanding any provision of the Placentia Energy Code as hereby adopted, all fees for services provided pursuant to the Placentia Energy Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.

Section 20.46.080 - Copy filed.

One (1) copy of the California Energy Code, 2022 Edition, including all appendices thereto is on file in the office of the building official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection." SECTION 14. A new Chapter 20.48 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.48
California Green Building Standards Code, 2022 Edition
Sections:

20.48.010 Title

20.48.020 Purpose

20.48.030 Adoption of Green Building Standards Code

20.48.040 Definition of Terms

20.48.050 Amendments to Green Building Standards Code

20.48.060 Enforcement and Inspections

20.48.070 Fees

20.48.080 Copy filed
Section 20.48.010 - Title.

This Chapter shall be known as the `Placentia Green Building Standards Code.' 45 Section 20.48.020 - Purpose.

The purpose of this Chapter is to prescribe regulations for construction, enlargement, alteration, repair, improving, removal, conversion, demolition, equipment use, building systems, materials and appurtenances in order to optimize use of renewable resources and minimize effects on the environment in the City of Placentia. This chapter shall also serve to reduce the negative impacts of construction and encourage sustainable construction practices in the planning and design, energy efficiency, water efficiency and conservation, and environmental quality of all newly constructed buildings or structures in the City of Placentia.

Section 20.48.030 - Adoption of Green Building Standards Code.

Except as provided in this chapter, those certain building codes known and designated as the California Green Building Standards Code 2022 Edition, shall become the Green Building Code of the of the City of Placentia„ including all appendices thereto and including all amendments made herein, for reducing the negative impact and encouraging sustainable construction practices in the planning and design, energy efficiency, water efficiency and conservation, and environmental quality of all newly constructed buildings or structures in the City of Placentia.

Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the Placentia Green Building Standards Code, said State regulations shall prevail over the provisions of the Placentia Green Building Standards Code except as specifically modified herein.

Section 20.48.040 - Definition of Terms.
"Whenever any of the following names or terms are used in the California Green Building Standards Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Building Official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) "Jurisdiction' means the City.
46 (H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.

Section 20.48.050 - Amendments to Green Building Standards Code.

The following provisions of the California Green Building Standards Code hereby are amended to read, in words and figures, as follows:

Section 301.1 of the California Green Building Standards Code is amended to read as follows:
301.1 Scope. Buildings shall be designed to include the green building measures specified as mandatory in the application checklists contained in this code.

Voluntary green building measures are also included in the application checklists and may be included in the design and construction of structures covered by this code, but are not required.

Section 20.48.060 - Enforcement and Inspections.

The Placentia Green Building Standards Code, as set forth in this Chapter

20.48 shall be enforced by the building official or his or her designee.

Section 20.48.070 - Fees.

Notwithstanding any provision of the Placentia Green Building Standards Code as hereby adopted, all fees for services provided pursuant to the Placentia Green Building Standards Code shall approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq.

In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.

Section 20.48.080 - Copy filed.

One (1) copy of the California Green Building Standards Code, 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the building official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 15. A new Chapter 20.50 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.50
California Existing Building Code, 2022 Edition
47 Sections:

20.50.010 Title

20.50.020 Purpose

20.50.030 Adoption of California Existing Building Code

20.50.040 Definition of Terms

20.50.050 Amendments to California Existing Building Code

20.50.060 Enforcement and Inspections

20.50.070 Fees

20.50.080 Copy filed
Section 20.50.010 - Title.
"This Chapter shall be known as the `Placentia California Existing Building Code.' Section 20.50.020 - Purpose.

The purpose of this Chapter is to prescribe regulations for the alteration, repair, addition and change of occupancy of existing structures in the City of Placentia.

Section 20.50.030 - Adoption of California Existing Building Code.

Except as provided in this chapter, those certain building codes known and designated as the California Existing Building Code, 2022 Edition, shall become the Existing Building Code of the City, regulating the alteration, repair, addition and change of occupancy of existing structures in the City of Placentia.

Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the California Existing Building Code, said State regulations shall prevail over the provisions of the California Existing Building Code except as specifically modified herein.

Section 20.50.040 - Definition of Terms.

Whenever any of the following names or terms are used in the California Existing Building Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Building Official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
48 (F) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) "Jurisdiction' means the City.
(H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.

Section 20.50.050 - Amendments to the California Existing Building Code.

Reserved for future amendments
Section 20.50.060 - Enforcement and Inspections.

The Placentia Existing Building Code, as set forth in this Chapter 20.50 shall be enforced by the building official or his or her designee.

Section 20.50.070 - Fees.

Notwithstanding any provision of the Placentia Existing Building Code as hereby adopted, all fees for services provided pursuant to the Placentia Existing Building Code approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.

Section 20.50.080 - Copy filed.

One (1) copy of the California Existing Building Code, 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the building official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 16. A new Chapter 20.52 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.52
California Historical Building Code, 2022 Edition
Sections:

20.52.010 Title

20.52.020 Purpose

20.52.030 Adoption of Historical Building Code

20.52.040 Definition of Terms
49 20.50.050 Amendments to Historical Building Code

20.52.060 Enforcement and Inspections

20.52.070 Fees

20.52.080 Copy filed
Section 20.52.010 - Title.

This Chapter shall be known as the `Placentia Historical Building Code.' Section 20.52.020 - Purpose.

The purpose of this Chapter is to prescribe regulations for the alteration, repair, addition and change of occupancy of historical structures in the City of Placentia.

Section 20.52.030 - Adoption of California Historical Building Code.

Except as provided in this chapter, those certain building codes known and designated as the California Historical Building Code, 2022 Edition, shall become the Existing Building Code of the City, regulating the alteration, repair, addition and change of occupancy of historical structures in the City of Placentia. "Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the California Existing Building Code, said State regulations shall prevail over the provisions of the California Existing Building Code except as specifically modified herein.

Section 20.52.040 - Definition of Terms.

Whenever any of the following names or terms are used in the California Historical Building Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Building Official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) `Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) "Jurisdiction' means the City.
50 (H) `Local enforcing agency' means the City.

Section 20.50.050 - Amendments to Historical Building Code Reserved for future amendments
Section 20.52.060 - Enforcement and Inspections.

The Placentia Historical Building Code, as set forth in this Chapter 20.52 shall be enforced by the building official or his or her designee.

Section 20.52.070 - Fees.

Notwithstanding any provision of the Placentia Historical Building Code as hereby adopted, all fees for services provided pursuant to the Placentia Historical Building Code approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.

Section 20.52.080 - Copy filed.

One (1) copy of the California Historical Building Code, 2022 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the building official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection."
SECTION 17. A new Chapter 20.54 hereby is added to Title 20 of the Placentia Municipal Code to read, in words and figures, as follows:
"Chapter 20.54
International Property Maintenance Code, 2021 Edition
Sections:

20.54.010 Title

20.54.020 Purpose

20.54.030 Adoption of International Property Maintenance Code

20.54.040 Definition of Terms

20.54.050 Amendments to International Property Maintenance Code

20.54.060 Enforcement and Inspections

20.54.070 Fees

20.54.080 Copy filed
51 Section 20.54.010 - Title.

This Chapter shall be known as the `Placentia Property Maintenance Code.' Section 20.54.020 - Purpose.

The purpose of this Chapter is to prescribe regulations for the maintenance of buildings and structures within the City of Placentia.

Section 20.54.030 - Adoption of International Property Maintenance Code
Except as provided in this chapter, those certain building codes known and designated as the International Property Maintenance Code, 2021 Edition, shall be and become the Property Maintenance Code of the City of Placentia, regulating the maintenance of buildings and structures within the City of Placentia.

Whenever the California Code of Regulations and State Building Standards Code of Regulations differ from any provision of the International Property Maintenance Code, said State regulations shall prevail over the provisions of the International Property Maintenance Code except as specifically modified herein.

Section 20.54.040 - Definition of Terms.
"Whenever any of the following names or terms are used in the International Property Maintenance Code, each such name or term shall be deemed and construed to have the meaning ascribed to it in this section as follows:
(A) `Authority having jurisdiction' means the City of Placentia. (B) `Building department' means the `building division' of the City. (C) `Building Official' means the chief building official of the City as appointed by the City Administrator of the City, or his or her designee. (D) `City' means the City of Placentia.
(E) 'Fire Code' means the Placentia Fire Code.
(F) 'Fire code official' means the Chief of the Placentia Fire and Life Safety Department or other individual as designated by the City Administrator of the City, or his or her designee.
(G) "Jurisdiction' means the City.
(H) `Local enforcing agency' means the agency for which the Fire Code Official performs its duties and/or the City.

Section 20.54.050 - Amendments to the International Property Maintenance 52 Code.

The following provisions of the International Property Maintenance Code hereby are amended to read, in words and figures, as follows:
101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Placentia, hereinafter referred to as this code". 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes or occupancy, shall be done in accordance with the procedures and provisions of the most current California Codes adopted by the City of Placentia. Any reference to an International Code will be viewed as conformity to the adopted California Codes. 103.1 Creation of agency. The Development Services Department is hereby created and the official in charge thereof shall be known as the code official. The function of the agencies shall be the implementation, administration, and enforcement of the provisions of this code.
302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of six (6) inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 109.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
304.14 Insect screens. Annually, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self -closing device in good working condition. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to a minimum temperature of 68° F in all habitable rooms, bathrooms, and toilet rooms.
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat to a minimum temperature of 65° F during the period the spaces are occupied.

Section 20.54.060 - Enforcement and Inspections.

The Placentia Property Maintenance Code, as set forth in this Chapter 20.54 shall be enforced by the building official or his or her designee. 53 Section 20.54.070 - Fees.

Notwithstanding any provision of the Placentia Property Maintenance Code as hereby adopted, all fees for services provided pursuant to the Placentia Property Maintenance Code approved by resolution therefor as adopted by the City Council of the City of Placentia pursuant to the provisions of California Government Code § 66016, et seq. In addition to any other fee(s) to be charged hereunder, any person, firm, partnership or corporation initiating or engaging in any work without the permit therefor as required hereunder shall pay a penalty equal to 100% of the fee for the requisite permit if issued after such work commences, is initiated or engaged in by such person, firm, partnership or corporation.

Section 20.54.080 - Copy filed.

One (1) copy of the International Property Maintenance Code, 2021 Edition, including all appendices thereto and including all amendments made herein is on file in the office of the building official pursuant to the requirements of California Health and Safety Code § 18942(e)(1) and is available for public inspection." SECTION 18. Penalty for Violation.

It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance hereby adopted.

Any person, firm, partnership or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance.

SECTION 19. Severability.

The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect.

SECTION 20. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect January 5, 2023.
54 PASSED, ADOPTED and APPROVED this 6th day of December, 2022.

Rhonda Shader, Mayor
ATTEST:

Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the 15th day of November 2022 and was finally adopted at a regular meeting held on the 6th day of December, 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
55 Placentia City Council

AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE DATE: DECEMBER 6, 2022
SUBJECT: APPROVAL OF ARTIST AGREEMENTS FOR THE CALTRANS PUBLIC ART PROJECTS AND AMENDMENTS NO. 1 TO THE LANDSCAPE

MAINTENANCE AGREEMENT AND TRANSPORTATION ART

COOPERATIVE AGREEMENT WITH CALTRANS
FISCAL
IMPACT: EXPENDITURE: $575,000 (101206-6730)
REVENUE: $650,000 CALTRANS (101206-6240)
SUMMARY:

On October 4, 2022, the City Council conducted a study session review of a proposed public art project on Caltrans property. Caltrans, through the Clean California Initiative has set aside $600,000 in grant funds to procure and place a gateway sculpture public art piece on the on/off ramps to the 57 Freeway on Orangethorpe Avenue and two new murals painted on the concrete slopes beneath the 57 Freeway bridge over Crowther Avenue. Caltrans will fully reimburse the City the cost of the art pieces with no matching funds required of the City. In exchange, the City will contract with the artists directly as well as agree to maintain the art pieces and surrounding landscape improvements. The proposed artist agreements are presented for the City Council's consideration and approval as well as amendments to existing agreements with Caltrans to increase the amount of funding to be reimbursed to the City as well as to include the art pieces within the City's maintenance responsibilities along this stretch of the 57 Freeway.

RECOMMENDATION:

It is recommended that City Council take the following actions:

1. Approve the Artist Agreement with Cliff Garten & Associates, Inc., for the approved freeway gateway art monument "Chromatic Ascension," in the amount of $475,000; and

2. Approve the Artist Agreement with Alejandro Poli Jr., for the approved freeway art mural "The Good People Under our Sun and Moon," in the amount of $100,000; and

3. Authorize the City Administrator to approve contract change orders up to 10% of the contract not -to -exceed amount; and

1.h.

Dec 6, 2022

City Council Agenda
December 6, 2022

4. Approve Amendments Nos. 1 to the Landscape Maintenance Agreement and the Transportation Art Cooperative Agreement with Caltrans; and

5. Authorize the City Administrator to execute the agreements and amendments in a form approved by the City Attorney.

STRATEGIC PLAN STATEMENT:

There is no specific Strategic Planning Goal or Objective associated with these art projects however both contribute to advancing Strategic Planning Goal 6: Improve City Beautification.

DISCUSSION:

On October 4, 2022, the City Council conducted a study session regarding the recently completed public art call for projects the City and Arts Orange County had recently completed for a new gateway monument sculpture and new murals to be placed on Caltrans property for the public's benefit. Caltrans has set aside an initial amount of $600,000 to fabricate and install a new gateway monument on the Orangethorpe on/off ramps at the 57 Freeway as well as to paint new murals on the paved freeway bridge deck slopes beneath the freeway along Crowther Avenue. The call for artists yielded several submissions and a panel of art experts reviewed the proposals and recommended the pieces submitted by Cliff Garten and Alejandro Poli. The City Council accepted the panelist's recommendations at the October 4, 2022 City Council meeting.

The proposed artist agreements are presented to the City Council for its consideration and approval as the City is taking the lead on contracting with the artists directly with Caltrans reimbursing the City for all costs associated with the art projects. There is no matching contribution required from the City. The agreements have been reviewed by the City Attorney's Office and approved as to form.

In addition to the artist agreements, two amendments to existing agreements between the City and Caltrans are also presented for Council consideration. The City has an existing landscape maintenance agreement with Caltrans for the freeway slopes along the 57 Freeway between Placentia Avenue and Orangethorpe Avenue. The slopes have been undergoing renovations paid for and led by Caltrans with the City agreeing to maintain the landscaped improvements. An amendment to the landscape maintenance agreement is requested to include the new landscape improvements that will be installed with the new art pieces as part of the City's maintenance responsibilities once completed. The amendment to the transportation art cooperative agreement is needed to increase the not -to -exceed amount of funding that Caltrans will reimburse the City for the art projects. The amount is being increased by $600,000 to include the cost of the art pieces and any surrounding infrastructure improvements needed to support the pieces. As noted previously there is no cost share required of the City.

City Council Agenda
December 6, 2022

FISCAL IMPACT:

The total cost of both art agreements amounts to $575,000 and a total of $650,000 has been budgeted in the FY 2022-23 Capital Improvement Program Budget to cover the cost of these projects. As such, sufficient funds exist for the recommended actions.

Prepared 1+y:)
Luis Estevez
Reviewed and approved:

Jennifer Lampman
Deputy City Administrator Director of Finance
Reviewed and approved:

City Administrator
Attachments:

1. Muralist Art Agreement

2. Gateway Artist Agreement

3. Amendment No. 1 to Landscape Maintenance Agreement

4. Amendment No. 2 to Transportation Art Cooperative Agreement

AGREEMENT FOR ARTIST SERVICES
This AGREEMENT is entered into and effective as of December 6, 2022, by and between the City Placentia (hereafter "CITY") and Alejandro Poli, Jr., (hereinafter referred to as "ARTIST"), to provide CITY with specialized ARTIST services by painting new murals known as "The Good People Under our Sun and Moon" on property owned by the State of California as part of a State highway beautification project sponsored by the California Department of Transportation (Caltrans) and Clean California Program.

WHEREAS, ARTIST desires to provide, and CITY desires to retain ARTIST to paint new murals; and
WHEREAS, ARTIST is a recognized professional with extensive experience and training in ARTIST's specialized field. In rendering these services ARTIST shall at a minimum exercise the ordinary care and skill expected from the average practitioner in ARTIST's profession acting under similar circumstances; and WHEREAS, such services will be of a professional and technical nature; and WHEREAS, the City Council has authorized Damien R. Arrula, City Administrator, to enter into a contract for these services.

NOW, THEREFORE, CITY and ARTIST agree as follows:

1.0 APPLICABLE DOCUMENTS
Attachment A, as set forth below is attached to and form a part of this Agreement.

Attachment A: Scope of Work, Schedule, Costs, Fees, and Artist Proposal
Attachment B: Caltrans Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork Agreement
This Agreement and the Attachment attached hereto constitutes the complete and exclusive statement of understanding between the parties which supersedes all previous agreements, written or oral, and all other communications between the parties relating to the subject matter of this Agreement.

In the event of any conflict or inconsistency between this Agreement and the attachments, or between the attachments, it shall be resolved by giving precedence first to this Agreement and then to the attachments in the following order: Attachment A, Attachment B.

2.1 TERM OF AGREEMENT
1 2.2 The term of this Agreement shall commence one day following execution of this Agreement by CITY and shall expire within twenty-four (24) months subject to CITY's right to terminate earlier as provided herein.

2.3 This Agreement may be extended at the sole discretion of CITY, on a month -to -month basis for an additional one (1) year period by amending the Agreement in writing to reflect such extension.

3.0 INTERPRETATION
This Agreement shall be interpreted in accordance with the laws of the State of California. The headings herein contained are for convenience and reference only and are not intended to define the scope of any provision thereof.

4.0 DEFINITIONS
The following words as used herein shall be construed to have the following meaning, unless otherwise apparent from the context in which they are used:

Artist: means the artist, sole proprietor, partnership, or corporation which has entered into a contract with CITY to perform or execute the work covered by these specifications, including Artist's employees, agents, assigns, contractors, subcontractors, and anyone else involved in any manner in the exercise of the rights therein given to the Artist.

Artwork: means the work as ultimately conceived, designed, painted, fabricated, and installed by the Artist after consultation with and approval by the Project Coordination Committee and applicable jurisdictional agencies.

Premises: means name and location of project.

Reproduction: means a two-dimensional or three-dimensional representation of the Artwork such as a photograph or scale model, recognizable as representing the Artwork.
5 MAXIMUM AMOUNT AND ARTIST PAYMENT
The not -to -exceed amount of this Agreement shall be One Hundred Thousand Dollars ($100,000) including all materials, labor and out of pocket expenses for the term of this Agreement as set forth in Section 2.0, above unless otherwise extended by written notice and agreed to by both parties.

5.1 Payment to ARTIST shall be made in arrears at the rates specified in Attachment A to this Agreement, "Scope of Work, Schedule, Costs, 2 Fees and Artist Proposal," provided that ARTIST is not in default under any provision of this Agreement and has submitted a complete and accurate statement of payment due with documentation and deliverables attached supporting the statement of payment due.

ARTIST's fees shall include all applicable taxes, and any additional taxes that are not included remain the responsibility of ARTIST.

5.2 ARTIST shall submit to the CITY all invoices, with documentation supporting the invoiced amounts, and the required deliverables (see Section 6.0, below, Statement of Work/Deliverables).

5.3 Upon approval of the required deliverables, the CITY shall review the invoice and adjust for any liquidated damages or other offset authorized by this Agreement and authorize payment of an accurate invoice as soon as possible after receipt of ARTIST's billing. CITY will make a reasonable effort to effect payment within forty-five (45) days following receipt of an invoice which is accurate as to form and content.

6.0 STATEMENT OF WORK/DELIVERABLES

6.1 DESCRIPTION OF THE ARTWORK
Artist will paint two murals called "The Good People Under Our Sun and Moon" on the concrete bridge slopes below the State Highway 57 freeway bridge deck at the Crowther Avenue intersection as noted in the City selected mural concepts attached to this agreement. The approved mural concepts are included in Attachment A of this agreement.

Material and conceptual changes may be made to design of the Artwork as proposed herein by the ARTIST prior to the CITY'S Acceptance of the Artwork (such as changes in the Artwork's material, color, size, relative scale and placement as compared to the preliminary design therefore that was most recently accepted or approved by the CITY) but only after the ARTIST has given written notice of such desired changes to the CITY and has received written approval of each such change.

Upon reasonable prior notice to the ARTIST, the CITY, and/or the CITY's agents shall have a right to make reasonable inspections and reviews of the ARTIST's progress with respect to the Artwork.

7.0 FURTHER TERMS AND CONDITIONS

7.1 APPROVAL AND OWNERSHIP OF ARTWORK
All tasks, "work products" (deliverables), services or other work performed by ARTIST are subject to the written approval of the CITY or designee.

Approval of deliverable(s) will not be unreasonably withheld by CITY.

Rejection of deliverable(s) shall be on clearly stated grounds with 3 reference to objective criteria based upon deviations from original designs as approved. Upon issuance by the CITY of an Acceptance Notice, as provided in Section 7.18 herein and subject to Section 7.20, all right, title and ownership of the Artwork shall vest in the State of California pursuant to a separate agreement between the State and ARTIST. The City of Placentia shall maintain the artwork under a separate agreement with the State of California.

7.2 AUTHORIZATION WARRANTY
ARTIST represents and warrants that the signatory to this Agreement is fully authorized to obligate ARTIST hereunder and that all acts necessary to effectuate the valid execution of this Agreement by any fictitious legal entity which constitutes ARTIST have been accomplished.

7.3 CHANGES AND AMENDMENTS OF TERMS
CITY reserves the right to change, through negotiation, any portion of the work required under this Agreement, or amend such other terms and conditions which may become necessary. Any such revisions shall be accomplished in the following manner:

7.3.1 For any change which does not materially affect the scope of work, or any other term or condition included under this Agreement, a Change Notice shall be prepared and signed by the CITY and ARTIST.

7.3.2 For any revision which materially affects the scope of work, price, or any term and condition included in the Agreement, a
negotiated amendment to the Agreement shall be executed by ARTIST and CITY's City Administrator or his designee.

7.3.3 For any change affecting ARTIST's project personnel, ARTIST shall submit written notification and request to effect the change to the CITY. The CITY may accept or reject ARTIST's written notification and request.

7.4 ARTIST PERSONNEL
ARTIST shall provide qualified personnel to perform work and provide "work products" (deliverables) as indicated in the Agreement. ARTIST will ensure that its staff possesses the required professional licenses and certificates, if any, required by the State of California.

7.5 CITY'S QUALITY ASSURANCE PLAN
CITY or its agent will evaluate ARTIST's performance under this Agreement on not less than an annual basis. Such evaluation will include 4 assessing ARTIST's compliance with all Agreement terms and performance standards. ARTIST deficiencies which CITY determines are severe or continuing and that may place performance of the Agreement in jeopardy, if not corrected, will be reported to the City Council. The report will include improvements/corrective action measures taken by CITY and ARTIST. If improvement does not occur consistent with the corrective action measures, CITY may terminate this Agreement or impose other penalties as specified in this Agreement.

7.6 CITY'S RIGHT TO RENEGOTIATE AGREEMENT
CITY retains the right to renegotiate the terms, conditions, and fees during the period of the Agreement if such renegotiation is necessitated by budget shortfalls and reductions. ARTIST is not obligated to accept such renegotiation terms and, in the event ARTIST and CITY cannot agree to new terms, this Agreement may be terminated for the convenience of the CITY pursuant to Section 7.24 herein.

7.7 DELEGATION AND ASSIGNMENT
ARTIST shall not delegate its duties nor assign its rights hereunder, either in whole or in part, without the prior written consent of CITY.

7.7.1 Any delegation of duties shall be in the form of a subcontract.

ARTIST'S request to CITY for approval to enter into a
subcontract shall include:

7.7.1.1 A description of the services to be provided by a proposed subcontractor.

7.7.1.2 Identification of the proposed subcontractor and an explanation of why and how the proposed subcontractor was selected.

7.7.1.3 The proposed subcontract amount, together with ARTIST's cost or price analysis thereof.

7.7.1.4 A copy of the proposed subcontract. Any later modification or amendment of such subcontract shall be approved in writing by CITY before such modification or amendment is effective.

7.7.1.5 Subcontracts shall be made in the name of ARTIST and shall not bind nor purport to bind CITY. The making of subcontracts hereunder shall not relieve ARTIST of any requirement under this Agreement, including, but not limited to, the duty to properly supervise and coordinate the work of the subcontractor.

Approval of the provisions of any subcontract by CITY shall not be construed to constitute a determination of the allowableness of any cost under this Agreement. In no event shall approval of 5 any subcontract by CITY be construed as affecting any increase in the Maximum Amount of this Agreement set forth herein.

7.8 DISCLOSURE OF INFORMATION
ARTIST shall not disclose any details in connection with this Agreement to any party, except as may be otherwise provided herein or required by law.

However, in recognizing ARTIST's need to identify its services and related clients to sustain itself, CITY shall not prohibit ARTIST from publicizing its role under this Agreement within the following conditions:

7.8.1 ARTIST shall develop all publicity material in a
professional manner.

7.8.2 During the course of performance of this Agreement, ARTIST, its employees, agents, and subcontractors shall not publish or disseminate commercial advertisements, press releases,
opinions or feature articles, using the name of CITY without CITY's prior consent.

7.8.3 ARTIST shall not possess any interest, title, or right to any CITY case data or records. ARTIST is prohibited from
disclosing any identified or unidentified raw CITY data to any other party, or from combining any identified or unidentified raw CITY data with that of any other ARTIST client or other party into any database or report format for any purpose whatsoever without the expressed, written authorization of CITY.

7.9 INDEMNIFICATION

7.9.1 The Contractor shall indemnify, defend and hold harmless the CITY, elected and appointed officers, employees, agents and volunteers ("CITY Indemnitees") from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from and/or relating to this Contract, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY Indemnitees.

7.10 INDEPENDENT CONTRACTOR STATUS

7.10.1 The ARTIST shall perform all services hereunder as an independent contractor and is not and shall not be considered as an employee of the CITY. The Agreement is by and between the ARTIST and the CITY and is not intended, and shall not be construed, to create the relationship of employee, agent, partnership, joint venture, or association, between the CITY and 6 the ARTIST.

7.10.2 The ARTIST understands and agrees that all persons furnishing services to the ARTIST pursuant to this Agreement are, for purposes of workers' compensation liability, employees solely of the ARTIST and not the CITY. The ARTIST shall bear the sole responsibility and liability for furnishing workers' compensation benefits to any person for injuries arising from or connected with services performed by or on behalf of the ARTIST pursuant to this Agreement.

7.10.3 ARTIST represents and warrants to CITY, and CITY relies on such representation and warranty, that ARTIST has the
necessary skills, competency and expertise to fully and completely perform the specialized services called for under this Agreement. CITY and ARTIST understand and agree that
ARTIST is responsible for the means and methods of performing these special services and accomplishing the results,
deliverables, objectives and/or purposes specified and/or requested by CITY pursuant to this Agreement.

7.11 INSURANCE COVERAGE REQUIREMENTS
Without limiting the ARTIST's indemnification of the CITY, the ARTIST shall procure and maintain throughout the Term of the Agreement the following programs of insurance as specified, except as otherwise noted.

Such insurance shall be provided by insurers acceptable to CITY and shall be primary to and not contributing with any other insurance or self- insurance programs maintained by the CITY, and such coverage shall be provided and maintained at the ARTIST'S expense.

ARTIST shall provide a certificate of insurance or other evidence of coverage acceptable to CITY, which shall evidence that the specified types and limits of insurance are in effect. Failure by ARTIST to provide evidence of, or to maintain the required insurance, shall constitute a material breach of the contract upon which CITY may immediately terminate or suspend this Agreement.

7.11.1 General Liability Insurance
Such coverage shall be obtained prior to the commencement of the painting of the Artwork and maintained until such time as ARTIST obtains CITY'S written acceptance of the Artwork. Such insurance also shall name CITY as an additional insured, and provide limits of not less than the following:

General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
$ 1 million
$1 million
$1 million
7 Each Occurrence $1 million
Such coverage shall be written on an ISO Commercial General Liability form (CG 00 01) or its equivalent. Alternatively and at its sole option, the CITY also may accept liability coverage written on a Business Owners, a "Home Based" or similar "Micro" Business Policy form, or a Homeowners Insurance Policy form, providing such policy covers liability arising out of or in connection with the ARTIST'S business operations, including the ARTIST'S operations at locations other than the ARTIST'S residence premises.

Insurance Coverage Provided by Contractor: ARTIST may
satisfy all or any portion of the above general liability insurance requirements by providing evidence acceptable to CITY that the ARTIST is insured under a policy(ies) maintained by another party, such as a prime or general contractor.

7.11.2 Automobile Liability Insurance
Bodily injury liability each person
Bodily injury liability each accident
Property damage liability
$1 million
$1 million
$1 million
Such insurance shall include coverage for any vehicle the ARTIST will use to perform the services listed herein; such auto liability insurance must cover liability arising out of the ARTIST's business use of the vehicle.

7.11.3 Workers Compensation and Employers' Liability Insurance ARTIST shall be responsible for providing workers compensation benefits, as required by the Labor Code of the State of California or by any other state, and for which ARTIST is responsible. The above insurance also shall include Employers' Liability coverage with limits of not less than the following:

Each accident
Disease - policy limit
Disease - each employee
$1 million
$1 million
$1 million

7.11.4 Additional Insured Endorsements
The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and 8 appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Artist pursuant to its contract with the City; products and completed operations of the Artist; premises owned, occupied or used by the Artist automobiles owned, leased, hired, or borrowed by the Artist."
(b) Notice: " ARTIST shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self - insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, ARTIST shall forthwith obtain and submit proof of substitute insurance. Should ARTIST fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at ARTIST's sole cost and expense."
(c) Other insurance: "The ARTIST's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy." (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers. (e) The ARTIST s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

7.11.5 Property Insurance
Section not used.

7.11.6 Waiver of Subrogation
The ARTIST agrees to release the CITY and waive its rights of recovery against the CITY under the insurance policies specified in this Agreement.

7.11.7 Notification of Incidents. Claims or Suits
ARTIST shall report to CITY:

7.11.7.1 Any accident or incident relating to services
performed under this Agreement which involves injury or property damage which may result in the filing of a claim or lawsuit against ARTIST and/or CITY. Such report shall be made in writing within 24 hours of occurrence.

7.11.7.2 Any third -party claim or lawsuit filed against ARTIST arising from or related to services performed by ARTIST under this Agreement.

7.11.7.3 Any injury to an ARTIST employee which occurs on CITY property. This report shall be submitted on a CITY "Non - employee Injury Report" to the CITY Contract Manager.

7.11.7.4 Any loss, disappearance, destruction, misuse, or theft of any kind whatsoever of CITY property, monies or securities entrusted to ARTIST under the terms of this
Agreement.

7.11.8 Insurance Coverage Requirements for Subcontractors ARTIST shall ensure any and all subcontractors performing services under this Agreement meet the insurance requirements of this Agreement by either:

7.12.8.1 ARTIST providing evidence of ARTIST's insurance covering the activities of subcontractors, or

7.12.8.2 ARTIST providing evidence submitted by
subcontractors evidencing that subcontractors
maintain the required insurance coverage. CITY
retains the right to obtain copies of evidence of
subcontractor insurance coverage at any time.

7.13 RISK OF LOSS
Except as otherwise provided herein, all risk of destruction or damage to the Artwork or any part thereof from any cause whatsoever shall be borne by the ARTIST until written Acceptance of the Artwork by the CITY. The ARTIST shall, at ARTIST's sole expense, rebuild, repair, and/or restore any portion of the Artwork which has been damaged. ARTIST shall not be responsible for repairing any damage caused by jobsite contractors or subcontractors not under the ARTIST's contractual control or supervision.

7.14 LICENSES, PERMITS, REGISTRATIONS AND CERTIFICATES
ARTIST shall obtain and maintain in effect during the term of this Agreement, all licenses, permits, registrations and certificates, if any, required by law, which are applicable to the performance of this Agreement, and shall further ensure that all of its officers, employees and agents who perform services hereunder obtain and maintain in effect during the term of this Agreement, all licenses, permits, registrations and certificates required by law which are applicable to their performance of services hereunder.
10 7.15 LIQUIDATED DAMAGES
If ARTIST fails to perform agreed services of this Agreement or does not complete such services within the agreed specified time, the CITY may, in its sole discretion, determine that the proper remedy is to reduce ARTIST's compensation by up to ten percent (10%) of the total contract amount. The parties agree that this amount is reasonable at the time of the making of this Agreement as a sum for liquidated damages. The parties have agreed on this amount for liquidated damages because, due to the nature of the services, it would be impracticable or extremely difficult to fix the actual damages. Liquidated damages are not an exclusive remedy under this Agreement, and the CITY retains its other remedies in law and equity.

7.16 MEETINGS
All meetings between CITY and ARTIST will be held at mutually agreed upon locations in the CITY.

7.17 NOTICE OF DELAYS
Except as otherwise expressly provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Agreement, that party shall, within five (5) working days, give written notice thereof, including all relevant information with respect thereto to the other party.

7.18 NOTICES

7.18.1 Notices required or permitted to be given under the terms of this Agreement or by any law now or hereafter in effect may, at the option of the party giving notice, be given by personal delivery or by enclosing the same in a sealed envelope addressed to the party for whom intended and by depositing such envelope with postage prepaid in the United States Post Office or substation thereof, or any public mailbox.

The notices and envelopes containing same to CITY shall be addressed to:

City of Placentia
ATTN: Luis Estevez
401 E. Chapman Avenue
Placentia, CA 92870
The notices and envelopes containing same to ARTIST shall be addressed to:
11 Alejandro Poli, Jr.
4335 E. Lowell Street
Suite C
Ontario, CA 91761
ARTIST is responsible to notify CITY of changes of address.

Adequate notification shall consist of delivery by mail to the last address provided by ARTIST to CITY as required herein.

7.18.2 In the event of suspension or termination of this Agreement, notices may also be given upon personal delivery to any person whose actual knowledge of such suspension or termination would be sufficient notice to ARTIST.

7.18.3 CITY shall provide notices required under sections 7.20, 7.21, and 7.22 by registered mail, and/or by email notice, and/or by personal service.

7.19 CITY ACCEPTANCE OF THE ARTWORK
As a condition precedent to Acceptance, the ARTIST shall notify CITY's Project Manager in writing that the Artwork has been completely installed at the Premises ("Completion Notice"). The Completion Notice shall include final written instructions concerning maintenance requirements for the Artwork. Within thirty (30) days of CITY's receipt of the Completion Notice, CITY shall notify ARTIST in writing that the Artwork is Accepted as completed and installed as required by this Agreement ("Acceptance Notice"), or if the Artwork does not meet this Agreement's requirements, CITY shall notify ARTIST of the defects ("Defect Notice"). Such Defect Notice shall include clearly stated grounds with reference to objective criteria identifying deviations from original designs as approved.

7.20 ARTIST'S REPRESENTATIONS AND WARRANTIES

7.20.1 The ARTIST represents and warrants to the CITY that the fabrication and installation of the Artwork will be performed in a workmanlike manner and that the Artwork will be free of defects in workmanship and materials, including inherent vice and portions deemed dangerous to the public, and that the ARTIST will, at the ARTIST'S own expense, remedy any defects due to faulty workmanship or materials, or to inherent vice, which appear within a period of one year from the date the Artwork is Accepted by the CITY. "Inherent vice" refers to a quality within the material or materials which comprise the Artwork which, either alone or in combination, results in the tendency of the Artwork to destroy itself. If the Artwork should deteriorate 12 because of faulty workmanship or material or an inherent vice within one (1) year from the date the work is Accepted by the CITY, the ARTIST will promptly repair or replace the Artwork without any charge to the CITY. However, the CITY may, in its sole discretion and only to the extent it deems advisable, assist the ARTIST for out-of-pocket expenses related to the repair or replacement of the Artwork, including materials, contracted labor, travel costs and subcontractor charges; but in no event shall it pay any charge for ARTIST'S labor. Any and all repair or replacement completed by the ARTIST shall be consistent with professional conservation standards as determined solely by the CITY.

7.20.2 Warranties provided to the ARTIST by any subcontractor shall be for not less than one (1) year from the date the Artwork is Accepted by the CITY, and ARTIST shall require that all of its subcontractors shall allow the assignment of these warranties to the CITY.

7.20.3 The ARTIST represents and warrants to the CITY that the Artwork will not require maintenance substantially in excess of that described in the maintenance recommendations to be provided by the ARTIST pursuant to this Agreement.

7.20.4 The ARTIST represents to the CITY that the Artwork is solely the result of the artistic efforts of the ARTIST, and that it will be installed free and clear of any liens, claims or other
encumbrances of any type from any source whatsoever.

7.20.5 The personal skill, judgment and creativity of the ARTIST is an essential element of this Agreement. Therefore, although the parties recognize that the ARTIST may employ qualified
personnel to work under the ARTIST'S supervision, the ARTIST shall not assign, transfer or subcontract the creative and artistic portions of the Artwork to another party without prior written consent of the CITY.

7.20.6 The ARTIST represents and warrants to the CITY that the Artwork is unique and an edition of one and does not infringe upon any copyright of any person or entity, and that the ARTIST will not execute or authorize another to execute another work of art of the same theme and/or design, dimensions, and/or materials as the Artwork commissioned pursuant to this
Agreement. This warranty shall continue in effect for a period of the life of the ARTIST.

7.20.7 The ARTIST agrees to cooperate in making or permitting adjustments to the Artwork if necessary to eliminate any potential 13 safety hazards, as determined by the CITY in its sole discretion, which become apparent within one (1) year of the date the Artwork is Accepted by the CITY.

7.20.8 The terms of this Section 7.19 shall survive the expiration or termination of this Agreement.

7.21 INTELLECTUAL PROPERTY RIGHTS
Artist hereby agrees that all copyright interests, title, and ownership in the Artwork shall be owned by the California Department of Transportation (Caltrans). Artist acknowledges that by signing, executing, and notarizing Caltrans Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork agreement, which is hereby incorporated by reference and made part of this Agreement and attached as Attachment B, Artist has conveyed, transferred, and irrevocably assigns to Caltrans, the Artists' entire and exclusive copyright interests under federal and state copyright laws.

Artist further grants to the CITY an irrevocable and exclusive worldwide license to reproduce, distribute, and/or display two- dimensional reproductions of the Artwork for any non-commercial purpose including, without limitation, advertising, brochures, postcards, media publicity, and catalogues or similar publications.

All such reproductions shall bear a copyright notice in ARTIST'S name. ARTIST hereby grants to the CITY the right to reproduce and retain copies of the design plans and drawings produced and used by the ARTIST in the design and installation of the Artwork for the purposes of public exhibition related to the display of the artwork.

CITY acknowledges that Caltrans owns the copyright in the Artwork by assignment from ARTIST and that pursuant to that assignment, attached as Attachment B, ARTIST enjoys various continuing rights in the Artwork. CITY agrees that ARTIST may exercise any and all of Artist's rights as set out in Attachment B without requiring any consent from CITY and without payment of any royalties to CITY.

7.21 CITY'S RESPONSIBILITY AFTER ACCEPTANCE

7.21.1 The CITY recognizes that the maintenance of the Artwork is essential to the integrity of the Artwork and agrees that it will take reasonable efforts to see that it is properly maintained, considering the written maintenance guidelines of the
ARTIST delivered with the Completion Notice. The CITY
14 reserves the right to make minor or emergency repairs without consultation with the ARTIST provided the work is performed in accordance with recognized principles of
conservation. In the event the CITY desires to make repairs to or to restore the Artwork during the ARTIST's lifetime and such work does not comply with the ARTIST's written
maintenance guidelines, the CITY shall make a good faith effort to notify the ARTIST in writing at least thirty (30) days in advance to request that ARTIST advise CITY about the proposed repair or restoration, and ARTIST shall have a right to reasonable compensation with respect to such
advice and/or services provided.

7.22 RECORDS RETENTION AND INSPECTION

7.22.1 Upon receipt of a written request, ARTIST shall, at no cost to CITY, make available to CITY and all authorized representatives for examination, audit, excerpt, copy or transcription any pertinent transaction, activity, timecard or other record relating to this Agreement. Failure on the part of ARTIST to comply with the provisions of this Paragraph shall constitute a material breach of this Agreement upon which CITY may terminate or suspend this Agreement. Such material, including books, records, documents, case files and all pertinent costs, accounting, financial records, and proprietary data must be kept and maintained for a period of five (5) years after the term of this Agreement, or until such time as all audits are completed, whichever is later. CITY may require specific records be retained longer than five (5) years when there is outstanding litigation, unresolved disputes or any audit.

7.22.2 Upon expiration or termination of this Agreement, all documents, reports, records, case files, correspondence, and work product relating to ARTIST's operations under this Agreement shall be returned to CITY or to such other location in CITY as the CITY Contract Manager may direct. It is understood that all of the materials described above are the property of CITY and not of ARTIST.

7.22.3 In the event that an audit specifically regarding this Agreement is conducted by any Federal or State auditor, or any auditor or accountant employed by ARTIST or otherwise, ARTIST shall file a copy of each such audit report with the CITY Contract Manager within thirty (30) days after ARTIST's receipt thereof.

7.23 TERMINATION FOR CONVENIENCE OF THE CITY

7.23.1 Performance of services under this Agreement may be terminated by CITY in whole or in part when such action is deemed by CITY to be 1igi its best interest. Termination of work

shall be effected by delivery to ARTIST of a ten (10) calendar day prior written Notice of Termination specifying the extent to which the performance of work is terminated and the date upon which such termination becomes effective.

7.23.2 If, during the term of this Agreement, CITY funds appropriated for the purpose of this Agreement are reduced or eliminated, CITY may immediately terminate this Agreement upon written notice to ARTIST.

7.23.3 After receipt of the Notice of Termination and except as otherwise directed by CITY, ARTIST shall:

7.23.3.1 Immediately stop services under this Agreement on the date and to the extent specified in the Notice of
Termination.

7.23.3.2 Complete performance of such part of the work as shall not have been terminated by the Notice of Termination.

7.23.4 After receipt of the Notice of Termination, ARTIST shall submit to CITY, in the form and with the certifications as may be prescribed by CITY, its termination claim and invoice. Such claim and invoice shall be submitted promptly, but not later than three (3) months from the effective date of termination. Upon failure of ARTIST to submit its termination claim and invoice within the time allowed, CITY may determine, on the basis of information available to CITY, the amount, if any, due to ARTIST in respect to the termination and such determination shall be final. After such determination is made, CITY shall pay ARTIST the amount so determined.

7.23.5 In the event it is determined by CITY that ARTIST has been overcompensated, CITY shall notify ARTIST of the
overcompensation, and ARTIST must provide a written
response within thirty (30) days of the receipt of such notice, including any refund that may be due CITY.

7.23.6 CITY and ARTIST shall negotiate an equitable amount to be paid to ARTIST by reason of the total or partial termination of work pursuant to this paragraph. Said amount shall include a proportional payment for satisfactory work performed and reasonable expenses incurred up to the effective date of termination and may include a reasonable allowance for profit on work done but shall not include an allowance on work terminated.

CITY shall pay the agreed amount; subject to other limitations and provided that such amount shall not exceed the total funding obligated under this Agreement as reduced by the number of 16 payments otherwise made and as further reduced by the contract price of work not terminated.

7.23.7 Upon termination of this Agreement, ARTIST shall deliver to CITY all work completed or in progress, including all data, reports and deliverables within ten (10) business days after termination of this Agreement. Upon such termination CITY use of ARTIST's
copyrighted designs shall be subject to further agreement between the parties.

7.23.8 Upon termination of this Agreement, ARTIST shall comply with the provisions of Section 7.22, Records Retention and Inspection, herein above.

7.24 TERMINATION FOR DEFAULT OF ARTIST

7.24.1 CITY may, subject to the provisions outlined below, by written notice of default to ARTIST, terminate the whole or any part of this Agreement in any one of the following circumstances:

7.24.1.1 If ARTIST fails to perform the service within the time specified or, with prior CITY approval, any extension
thereof.

7.24.1.2 If ARTIST fails to perform any of the other provisions of this Agreement, or so fails to make progress as to
endanger performance of this Agreement in accordance
with its terms, and in either of these two circumstances does not remedy such failure within a period of five (5) calendar days (or such longer period as CITY may
authorize in writing) after receipt of notice from CITY specifying such failure.

7.24.2 In the event CITY terminates this Agreement in whole or in part as provided in this Section 7.24, CITY may procure, upon such terms and in such manner as CITY may deem appropriate,
services to restore the Premises to the condition which existed prior to the commencement of services hereunder. ARTIST shall be liable to CITY for the cost of such services.

7.24.3 If, after giving Notice of Termination of this Agreement under the provisions of this Section 7.24, it is determined for any reason that ARTIST was not in default under the provisions of this paragraph or that the default was excusable, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant Section 7.23, Termination for Convenience of the CITY, herein above.

7.24.4 Upon termination of this agreement, ARTIST shall adhere to the termination provisions of Sections 7.23.7 and 7.23.8, Termination 17 for Convenience of the CITY, herein above.

7.25 TERMINATION FOR NON -APPROPRIATION OF FUNDS

7.25.1 CITY's obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to Federal, State or CITY's legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the Board of Supervisors or the State or Federal Legislature does not allocate sufficient funds for the next succeeding fiscal year payments, services shall automatically be terminated as of the end of the then current fiscal year. Such termination shall be considered a termination for convenience of the CITY.

7.25.2 CITY shall make a good faith effort to notify ARTIST, in writing, of such non -appropriation at the earliest time.

7.26 VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.

7.27 WAIVER
No waiver of a breach of any provision of this Agreement by CITY shall constitute a waiver of any other breach of said provision or any other provision of this Agreement. Failure of CITY to enforce at any time, or from time to time, any provision of this Agreement, shall not be construed as a waiver thereof.

7.28 FORUM SELECTION
All disputes arising out of this Agreement which cannot be resolved by good faith negotiation between the parties in a reasonable time period shall be submitted to mediation in Orange County in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If mediation is not successful in resolving the entire dispute, any outstanding issues shall be submitted to final and binding arbitration in Orange County. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof. The prevailing party in any arbitration shall be entitled to reasonable attorney's fees and costs, including those of the arbitrator, incurred in the enforcement of this Agreement.

7.29 DEATH OR INCAPACITY OF ARTIST
If the ARTIST becomes unable to complete the Artwork due to death or incapacity, such death or incawcity will not be treated by the CITY as

a default on the part of the ARTIST, except that the CITY is not obligated to accept the Artwork.

In the event of incapacity of the ARTIST before completion of the Artwork, it is the intent of the parties that the CITY and the ARTIST and/or the authorized representatives of the ARTIST will consult to determine if the Artwork can be completed by a third party or parties to the satisfaction of the CITY and the ARTIST. In the event of incapacity of the ARTIST, the CITY may elect to terminate this Agreement or may elect to have the Artwork completed by a third party or parties. Should the Artwork be completed by a third party or parties, the ARTIST will retain rights under Section 7.20 herein above.

In the event of death of the ARTIST, this Agreement shall terminate effective the date of death. At the CITY's request, the ARTIST's executor shall deliver to the CITY the Artwork in whatever form or degree of completion it may be in at the time. The title to the Artwork shall then transfer to the CITY however the ARTIST's heirs shall retain all rights under Section 7.20 herein above. Should the Artwork be incomplete, the CITY and the ARTIST's heirs will consult to determine whether the Artwork can be completed by a third party or parties, and how to properly credit the Artwork.

8.0 STANDARD CONTRACT TERMS

8.1 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS
ARTIST hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Sections 2000e through 2000e (17), to the end that no person shall, on grounds of race, creed, color, sex, national origin, age, condition of mental or physical handicap, marital status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program, or activity supported by this Agreement.

8.2 CONFLICT OF INTEREST

8.2.1 ARTIST represents and warrants that no CITY employee whose position in CITY enables him/her to influence the award of this Agreement, and no spouse or economic dependent of such
employee is or shall be employed in any capacity by ARTIST herein or does or shall have any direct or indirect financial interest in this Agreement.

9.0 PREVAILING WAGE
The construction, alteration, demolition, installation, or repair of public art with CITY and State of California funds constitutes Public Works as 19 defined in section 1720 of the California Labor Code. Therefore, this AGREEMENT may include both prevailing wage and non- prevailing wage work. Therefore, ARTIST and Subcontractors must comply with the requirements of Labor Code section 1720 et seq. and the Prevailing Wage Requirements as specified in Attachment I. These include, but are not limited to:
• Payment of, at a minimum, prevailing wage to qualifying workers hired by ARTIST, or any Subcontractor, to install or construct public art • Maintaining and reporting certified payroll records for qualifying workers hired by ARTIST, or any Subcontractor, to install or construct public art • Employment of apprentices for qualifying projects when workers are hired by ARTIST, or any Subcontractor, to install or construct public art (Labor Code § 1777.5)
• Registration of subcontractors performing qualifying work of installing or constructing public art with the California Department of Industrial Relations.

By executing this AGREEMENT, ARTIST hereby acknowledges that:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
If applicable, subcontract agreements for installation or construction of the artwork shall require subcontractor to comply with California Prevailing Wage law and the requirements of the Prevailing Wage Requirements.

IN WITNESS THEREOF, CITY has caused this Agreement to be executed by Damien R. Arrula, City Administrator. ARTIST has caused this Agreement to be executed by its duly authorized representative.

CITY OF PLACENTIA
By: Date:

Damien R. Arrula,
City Administrator
ARTIST
By: Date:

Alejandro Poli, Jr.
20 APPROVED AS TO FORM:

Date:

Christian L. Bettenhausen,
City Attorney
Date:

Robert S. McKinnell,
City Clerk
21 ATTACHMENT A

SCOPE OF WORK, SCHEDULE, COSTS AND FEES

FOR FINAL INSTALLATION
ARTIST Overall Responsibilities:

1. Time is of the essence in this Agreement, which is tied to the expenditure of grant funds and the murals must be completed and final invoicing processed prior to June 30, 2023. In the event of a substantial delay in the completion of the murals a reduction of the artist fee will be assessed in the amount of $500 for every day the deliverables are late beyond the date noted above.

2. ARTIST agrees to understand and adhere to safety requirements of the City and Caltrans in the Design of the Artwork. The City and Caltrans will inform the artist about safety issues and expectations.

3. ARTIST will adhere to the schedule provided to the City. The schedule shall be provided before the start of any work. Unless otherwise agreed in a written Agreement by and between the County and Artist payment amount to the Artist shall not increase if schedule changes.

4. ARTIST shall perform all services and furnish all supplies, materials, and equipment as necessary for the painting of the Artwork.

5. ARTIST is responsible for providing professional photography of the Artwork based on the City's photographic guidelines.

CITY Overall Responsibilities:

1. CITY will set and coordinate meetings between the ARTIST and the other members of the design review committee and Caltrans, as needed to complete this scope of work.

2. CITY will ensure that the premises are prepared for the timely delivery and painting of Artwork.

3. CITY shall provide for the ARTIST's review, draft text and images on the Artwork and project for the CITY Arts Department's web site, and print materials, such as post -cards or brochures.

4. CITY will inform and include the ARTIST of any dedication events for the Artwork and/or the project.

5. The City's public information officer will coordinate inquiries from the media regarding the Artwork, especially in association with a dedication A2

event.

ARTIST Specific Tasks:

Meetings:

1. ARTIST shall attend follow up meeting(s) and/or participate in conference calls on an as -needed basis to coordinate design details for Artwork placement and other elements to be located at the identified site.

2. ARTIST shall provide the City's project manager with a project completion schedule upon receipt of a Notice to Proceed.

Payments to ARTIST:

As defined in the Agreement the ARTIST shall be paid a fee not to exceed the amount of $100,000 as specified in Section 5.0 therein. All expenses incurred by the ARTIST are included in this fee and request for payment shall be made on a milestone basis, accompanied by a progress report and invoice.

1. 50 percent ($50,000) upon CITY's issuance of Notice to Proceed.

2. 50 percent ($50,000) upon completion and final acceptance of murals.

Payment shall be made within forty-five (45) consecutive calendar days of receipt and approval of the payments request. The ARTIST shall be responsible for all Federal and State income taxes associated with this agreement, as well as any sales, use or privilege tax which might be assessed.

A2

Attachment B
Caltrans Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork Agreement
11 ASSIGNMENT AND TRANSFER OF COPYRIGHT AND

WAIVER OF MORAL RIGHTS IN ARTWORK
This Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork (the "Agreement") is entered on the 3 day of /40I'ffrigkrzr 207,1 -(the "Effective Date"), by and between the Artist, Alejandro Poli Jr., with his principal address in Ontario, CA (the "ASSIGNOR") and the California Department of Transportation located at 1120 N Street, Sacramento, CA 95814 (the "ASSIGNEE") (collectively, known as the "PARTIES"), with respect to this original visual artwork described below as the 'The Good People Under Our Sun and Moon' murals.

RECITALS:

WHEREAS the PARTIES agree to the following definitions as used herein and throughout this Agreement:

1. Copyrights: Means a form of protection provided, as defined and enforceable under the U.S. Copyright Act of 1976, to authors of original works of authorship. The original works of authorship include all categories of artistic work protectable under the copyright laws, including but not limited to, the intangible property rights in pictorial, graphic, architectural, and sculptural works, fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated either directly or with the aid of a machine or device.

2. Copyright Ownership: Means the owner of all Copyright interests in the work, as defined and enforced under the U.S. Copyright Act of 1976, to whom the law grants specific and exclusive rights to do and authorize any of the following: 1) to reproduce and make copies of the work; 2) to prepare derivative works based on the work; 3) to sell or distribute copies of the work to the public or other transfer of ownership, or by rental, lease, or lending; 4) to display the work publicly; 5) to perform the work publicly; and 6) to enforce the work against unauthorized use.

3. Local Agency Agreement: Means the agreement entered into between ASSIGNOR, Alejandro Poli Jr. and the City of Placentia (hereinafter, "Local Agency") pertaining to, but not limited to, the design, installation, operation, maintenance, removal of the transportation art, and the incorporation of ASSIGNOR's executed and notarized Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork by ASSIGNOR as part of the Local

Agency Agreement. The signed and executed Local Agency Agreement is hereby incorporated by reference and made part of this Agreement and attached as Exhibit A to this Agreement.

4. Final Artwork: Means the original visual artwork described below as 'The Good People Under Our Sun and Moon', developed, designed, and/or created by ASSIGNOR which form the final Material Object (as defined below) of the work commissioned exclusively for the Project (as defined below), and as detailed in the Project description, provided by ASSIGNOR and the Local Agency and approved by ASSIGNEE through the Transportation Art Proposal application process (as defined below).

ASSIGNOR acknowledges that the Final Artwork (as described below) includes Preliminary Works (as defined below) and the Material Object (as defined below) which are incorporated and made part of the final representation of the Final Artwork. All documentation pertaining to Final Artwork is hereby incorporated by reference and made part of this Agreement and attached as Exhibit B to this Agreement.

5. Material Object: Means the tangible visual Final Artwork created, designed, constructed, and installed on ASSIGNEE's right of way by ASSIGNOR, the Local Agency, the Local Agency's contractor, or by a third -party acting on behalf of the Local Agency pursuant to the Local Agency Agreement and the Transportation Art Proposal. Photographs of the Material Object are hereby incorporated by reference and made part of this Agreement, and attached as Exhibit C to this Agreement, upon completion of installation of the Material Object.

6. VARA: Means the Visual Artists Rights Act of 1990, which confers upon authors of works of visual art, several types of attribution and integrity rights, including but not limited to, the right to prevent any intentional distortion, mutilation, or other modifications to his/her visual artwork, and to prevent the destruction of a visual artwork of recognized stature.

7. CAPA: Means the California Art Preservation Act of 1979, which confers certain rights to artists of works of fine art (original paintings, sculptures, drawings or original works of art in glass, of recognized artistic quality), including, but not limited to, the right to prohibit the intentional commission of any physical defacement, mutilation, alteration, or destruction of a work of fine art by any person or entity who possesses or owns the fine art.

8. Project: Means the Transportation Art Proposal project approved through the Transportation Art Proposal application process (as defined below), including but not limited to, the name, content, size, proposed installation location, required attachments, maps, design specifications, structural plans, installation plans, traffic management plans, reproducible drawings, sketches, photographs, or other appropriate renditions of the visual art to be installed. The above -mentioned documentation of the Project is hereby incorporated by reference and made part of this Agreement and attached as Exhibit D to this Agreement.

9. Preliminary Works: Means all documentation developed specifically to prepare the Final Artwork, as set forth in Exhibit B. The Preliminary Works include, but are not limited to, concepts, photographs, sketches, photo simulations, drawings, other appropriate renditions of the visual art, and other alternate or preliminary designs and documents developed by ASSIGNOR and which form part of or all the Final Artwork. The Preliminary Works are hereby incorporated by reference and made part of this Agreement, and attached as Exhibit E.

10. Transportation Art Proposal ("TA"): Means the transportation art proposal application used by the sponsoring agency to submit its' transportation art proposal project for review, consideration, processing and approval by ASSIGNEE, including but not limited to, ASSIGNEE's Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork, the administrative procedures, required attachments, design specifications, structural plans, installation plans, traffic management plans, resolutions, artist's background, maintenance and removal plans, reproducible drawings, sketches, designs, photographs, photo simulations and other appropriate renditions of the transportation art proposal project, prior to the issuance of encroachment permits for the installation of the transportation art project on ASSIGNEE's right of way. The approved TA is hereby incorporated by reference and made part of this Agreement, and attached as Exhibit F. 1 1. Artist(s): Refers to any artist(s) who contributes to the creation, design, development and/or installation of the Preliminary Works, Final Artwork and/or the Material Object. For the avoidance of doubt the term "Artist(s)" refers to any person, adult, youth, student or minor.

WHEREAS the PARTIES agree to the description of the Final Artwork (attached as Exhibit B) as described by ASSIGNOR as follows:

1. Description of the Final Artwork:
a) Title: 'The Good People Under Our Sun and Moon'
b) Size: 180'x44' & 180'x33'
c) Category of Work: (Works of Visual Art) - Mural
d) Project: 12-0T420 and attached as Exhibit D;
e) Installation Location: SR -57, PM 16.74
f) Year Final Artwork Created: 2023
g) Artist (ASSIGNOR): Alejandro Poli Jr.
h) Artist's (ASSIGNOR) Signature:

NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, mutual obligations and terms and conditions hereinafter set forth; and other good and valuable consideration received by ASSIGNOR from the Local Agency, the receipt and sufficiency of which is hereby acknowledged by ASSIGNOR, the PARTIES hereby agree as follows:

1. Assignment and Transfer of Copyright Ownership in the Final Artwork:
a) ASSIGNOR hereby conveys, transfers and irrevocably assigns to ASSIGNEE all of ASSIGNOR's Copyright Ownership rights, title and interests in the Final Artwork, including, but not limited to, ASSIGNOR's rights in: (i) ASSIGNOR's entire and exclusive Copyrights under federal and state copyright laws, in the United States and all jurisdictions outside the United States; (ii) ASSIGNOR's exclusive rights, title, and interests under common law Copyrights; (iii) any and all other privileges and rights in the Final Artwork attributed to a copyright owner; and (iv) all other intellectual property rights assigned to ASSIGNOR by additional Artist(s) in (i)-(iv) associated and subsisting in the Final Artwork (if any). ASSIGNEE shall be the sole and exclusive copyright owner of ASSIGNOR's Copyright Ownership rights in the Final Artwork and of ASSIGNOR's Copyrights in the Final Artwork from the Effective Date forward. ASSIGNEE shall have the sole and exclusive right to secure registration of the Copyrights in the Final Artwork internationally. No Copyrights Ownership rights in the Final Artwork and/or Copyrights in the Final Artwork, shall be retained by ASSIGNOR, nor shall there be any reversion of those rights to ASSIGNOR in the future, other than those rights specifically licensed and described in section 5 (a) below, in this Agreement;

b) ASSIGNOR hereby conveys, transfers and irrevocably assigns to ASSIGNEE all of ASSIGNOR's ownership interests in the Material Object in its tangible form, in which the copyrightable Final Artwork is embodied. ASSIGNOR acknowledges that the Material Object is the Final Artwork in its tangible form as defined above in section 5 of the definitions in this Agreement; c) ASSIGNOR hereby conveys, transfers and irrevocably assigns to ASSIGNEE ASSIGNOR's full -term and renewal term Copyright Ownership rights, title and interests in the Final Artwork under federal, state and common copyright laws;
d) ASSIGNOR agrees that this assignment and transfer of Copyright Ownership rights, interests and title subsisting in the Final Artwork, will remain in effect for the entire duration of such Copyright and will include all of ASSIGNOR's exclusive rights, interests, title and ownership under the copyright laws, subject to the license ASSIGNEE grants to ASSIGNOR in section 5 (a) below.

2. Waiver of Statutory Moral Rights by ASSIGNOR:
a) ASSIGNOR hereby acknowledges the existence of his or her federal and state statutory moral rights and protections under VARA and CAPA, as those rights and protections are more particularly described in 17 U.S.C. section 106A(a) VARA, and in the California Civil Code section 987 CAPA, and knowingly executes this waiver on the following terms:
i. Scope: This waiver applies to the following visual work: Final Artwork, described in this Agreement and attached as Exhibit B, entitled, 'The Good People Under Our Sun and Moon.'
ii. Uses Covered: This waiver applies to all applicable uses, with respect to the Final Artwork enumerated in section 2(a)(i) above, reserved to an owner of a lawfully copyrighted work under the copyright laws, including, but not limited to, the display of the Final Artwork publicly and to all applications in which either the attribution right, the integrity right, or the personal moral right of ASSIGNOR may be implicated.

Waiver: With respect to the Final Artwork enumerated in section 2(a)(i) above and the uses enumerated in section 2(a)(ii) above, ASSIGNOR, hereby expressly and forever waives any and all moral rights and protections arising under 17 U.S.C. section 106A(a) and California Civil Code section 987, and any other

rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. section 106A(a) and California Civil Code section 987, or any other type of moral rights or droit moral in the Final Artwork.

3. Covenant to Cooperate by ASSIGNOR:
a) ASSIGNOR does hereby covenant and agree to cooperate with

ASSIGNEE
whereby, ASSIGNEE may enjoy fully the exclusive Copyright Ownership rights, title, and interests herein conveyed. Such cooperation shall include:
i. Prompt execution of all papers (prepared at the expense of ASSIGNEE) which are deemed necessary or desirable by
ASSIGNEE to perfect its rights, title, and interests herein conveyed; and
ii. Prompt execution of all petitions, oaths, specifications, declarations, or other papers (prepared at the expense of ASSIGNEE) which are deemed necessary by ASSIGNEE for
obtaining copyright registration with the United States Copyright Office covering said Final Artwork.

4. Relationship of the PARTIES:
a) The PARTIES agree that ASSIGNEE is solely a third -party beneficiary and that ASSIGNEE is not a party to nor legally obligated or bound by any of the terms and conditions contained in the Local Agency Agreement described above in section 3 of the definitions section of the Agreement. The PARTIES agree that ASSIGNOR is an independent contractor commissioned to create, develop and install the Final Artwork by the Local Agency and that no agency, partnership, joint venture, employee -employer relationship is intended or created by this Agreement. All rights, interests and title granted to ASSIGNEE are contractual in nature and expressly defined by this Agreement.

5. Grant to ASSIGNOR:
a) ASSIGNEE grants to ASSIGNOR, pursuant to this Agreement, a perpetual, exclusive, worldwide, irrevocable, sub -licensable, royalty -free license to use and exploit the Final Artwork, including in its Preliminary Works and final Material Object form. These rights include the following:

Right to Reproduce: ASSIGNOR may reproduce the Final
Artwork and derivatives thereof in copies or phonorecords, without ASSIGNEE's prior consent;
ii. Right to Prepare Derivatives: ASSIGNOR may prepare
derivatives based upon the Final Artwork (in which the
underlying work is recast, transformed, altered or adapted), without ASSIGNEE's prior consent;
iii. Right of Public Distribution: ASSIGNOR may publish, sell and distribute copies of the Final Artwork and derivatives thereof, publicly, without ASSIGNEE's prior consent (including the right to exploit copies of the Final Artwork and derivatives thereof); iv. Right of Public Performance: ASSIGNOR may publicly perform the Final Artwork and derivatives thereof in any manner applicable, without ASSIGNEE's prior consent;
v. Right of Public Display: ASSIGNOR may publicly display the Final Artwork and derivatives thereof, including but not limited to, the display of the Final Artwork and derivatives thereof in ASSIGNOR's portfolio, websites, galleries, design periodicals and other media or exhibits. ASSIGNOR may describe, its role in relation to the Project and the services provided to other parties on its website and in other promotional materials, for any purpose, without ASSIGNEE's prior consent;
vi. Accreditation of Final Work: ASSIGNEE shall make reasonable efforts to credit ASSIGNOR as the original creator of the Final Artwork in connection with any uses by ASSIGNEE;
vii. Reprography Right: ASSIGNOR may make reprographic
reproductions database storage or retrieval, as well as making visually perceivable facsimile copies of previously published material, in each case by any means and using any technology, whether now known or hereafter developed, by photocopying, xerograph, duplicating (from stencil) or similar means, microform (including microfiche), transcription or drawing (including tracing) for an overhead or slide projection; and viii. Enforcement of Intellectual Property Rights: ASSIGNOR will have the exclusive right (but not the obligation) and ASSIGNEE grants ASSIGNOR the exclusive authority, to protect and enforce

ASSIGNEE's Copyrights in the Final Artwork, including bringing legal proceedings against infringers and issuing notice and take -down requests under the Digital Millennium Copyright Act (DMCA) (each a "Protection Action"), at the sole expense of ASSIGNOR.

6. Copyright Designation:
a) All displays and/or publications of the Final Artwork shall bear ASSIGNEE's copyright designation notice as suggested by the U.S. Copyright Office.

7. Term:
a) The Copyrights protection term of this irrevocable and exclusive assignment shall be for the full term of the copyrighted work, including its renewal term and any applicable extended renewal term of the Copyrights' protection. The terms, covenants, and provisions of this assignment shall inure to the benefit of ASSIGNEE, its officers, successors, assigns, and/or other legal representatives, and shall be binding upon said ASSIGNOR.

8. Effective Date:
a) This Agreement shall be effective as of the day, month and year first written above; upon signing by both PARTIES this Agreement; and upon the signature and placement of the official seal of a certified notary public on this Agreement. The term of this Agreement shall continue as detailed in section 7 "Term," above.

9. Warranty:
a) ASSIGNOR warrants and represents that:
i. The Final Artwork is an original visual work of authorship of ASSIGNOR;
ii. The ASSIGNOR as creative originator is the sole proprietor of the Final Artwork;
iii. The Final Artwork does not infringe any existing Copyrights; iv. The Final Artwork is not regarded by ASSIGNOR as Site -Specific Art and therefore ASSIGNOR will not seek legal protection for the Final Artwork as visual art that derives its meaning from the surrounding environment;

v. The ASSIGNOR has not entered into any assignments, transfers, licenses, contracts or mutual understandings in conflict with the terms and conditions of this Agreement; and
vi. There are no claims currently pending or threatened, nor does ASSIGNOR have any reason to believe that any claims will be brought or threatened in the future, against ASSIGNOR's rights, ownership, title or interests in the Final Artwork.

10. Indemnification:
a) ASSIGNOR agrees to indemnify and hold harmless ASSIGNEE against any and all claims, lawsuits or legal actions made in connection with the Final Artwork, including but not limited to, any copyright infringement claims, moral rights violation claims, loss claims, personal and/or real property claims, injury claims, breach of contract claims, inverse condemnation claims, conversion claims, taking of property claims, and/or damage claims (including any related legal costs, attorney fees or expenses properly incurred by ASSIGNEE).
1 1. Delivery:
a) ASSIGNOR must provide ASSIGNEE with this Agreement, properly executed, signed, dated, and notarized and attach the required Exhibit A (Local Agency Agreement), Exhibit B (Final Artwork), Exhibit C (Material Object), Exhibit D (Project), Exhibit E (Preliminary Works) and Exhibit F (TA Proposal Application), necessary to give effect to this Agreement.

ASSIGNOR shall provide to ASSIGNEE the "original wet signature" of this Agreement with the attached above -mentioned Exhibits. ASSIGNOR will receive a copy of the fully executed Agreement.

12. General Terms:
a) Applicable Law: This Agreement must be read and construed according to the laws of the State of California and the PARTIES submit to the jurisdiction of the State of California.
b) Amendments: This Agreement may not be varied, modified, renewed, or revoked, unless agreed to by both PARTIES, made in writing and signed by both PARTIES, by a person in authority to contractually bind and sign on behalf of such party.
c) Severability: If any provision of this Agreement is held by a court to be unlawful, unconscionable, invalid, unenforceable or in conflict with any rule

or law, statute, ordinance or regulation, it is to be severed so that the validity and enforceability of the remaining provisions are not affected.

13. Further Agreements:
a) This instrument contains the entire and only agreement between the PARTIES and supersedes all pre-existing agreements between them respecting its subject matter. Any representation, promise, or condition in connection with said subject matter that is not incorporated in this Agreement shall not be binding upon either party.

IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed the day and year first written above; by the signatures of each PARTY below; and by the signature and official seal of a certified notary public:

ARTIST (ASSIGNOR)
ARTIST (ASSIGNOR) NAME:

Alejandro Poli Jr.

ARTIST (ASSIGNOR) ADDRESS: 2- f'/ ©AK c t 4/L- pg. O 7 E.

Ontario, CA or 1W,,
ARTIST (ASSIGNOR) SIGNATURE:
g2.4,-(67
Alejandro Poll Jr., personallvappeared before me,
tiltrl Met plunj ubi'.s , and proved to me with satisfactory evidence to be, the person whose name is subscribed to the above Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork, and acknowledged to me that r she] executed the same in his authorized capacity and that by his signature on the Assi► nment and Transfer of Copyright and Waiver of Moral Rights in Artwork, di
Assignment and Transfer of Copyright and '' r of Moral Rights in Artwork. or herself] execute this
WITNESS MY HAND AND OFFICIAL SEAL:
././,

SIGNATURE OF NOTARY PUBLIC

MARILY PEREZ
Notary Public - California
San Bernardino County
Commission +Y 2312165 r
My Comm. Expires Nov 9, 2!723

CALIFORNIA DEPARTMENT OF TRANSPORTATION (ASSIGNEE)
ASSIGNEE NAME:

Eric Dickson
ASSIGNEE SIGNATURE:

ASSIGNEE TITLE: SENIOR LANDSCAPE ARCHITECT
ASSIGNEE ADDRESS:
1750 East 4th Street, Suite 100 Santa Ana, CA 92705
DATE:
11/17/2022
APPROVED AS TO LEGAL FORM BY:

MARIA S. SAPIANDANTE, ATTORNEY FOR ASSIGNEE

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POLIAL0001

AMARTINEZ
'4comb CERTIFICATE OF LIABILITY INSURANCE

4.......---- 11

DATE(MM/DD/YYYY)
/17/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
FACE Insurance, a division of Vaultari Insurance Services PO Box 646
Roseville, CA 95678

CONTACT
NAME:

PHONE ) (A/C, No): (866) 400-4793
(A/c, No, Ext): (916 721-2845 FA
ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A:Security National Insurance Company
19879

INSURED
Alejandro Poli Jr. Man One Art
4335 E. Lowell Street, Unit C
Ontario, CA 91761
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER:

REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER

POLICY EFF
!MM/DDIYYYYI

POLICY EXP
!MM/DDIYYYYI
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
X
X
NA107217208
12/11/2021
12/11/2022

EACH OCCURRENCE
$ 1,000,000

CLAIMS -MADE
X
OCCUR
PREM SESO(Ea occuEr ante)
$ 100,000
MED EXP (Any one person)
$ 5,000

PERSONAL & ADV INJURY
$ 1,000,000
GEN'L

AGGREGATE

LIMIT APPLIES

JECT PRO
PER:

LOC

GENERAL AGGREGATE
$ 2,000,000

PRODUCTS - COMP/OP AGG
$ 2,000,000
$

AUTOMOBILE

LIABILITY

SCHEDULED
AUTOS

NON -OWNED UUO

COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$

PROPERTY
a E accident) DAMAGE
$
U

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS -MADE

EACH OCCURRENCE
$

AGGREGATE
$
DED
RETENTION $
$

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N / A
PER

STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Q1/2023
The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to:
liability arising out of activities performed by or on behalf of the Artist pursuant to its contract with the City; products and completed operations of the Artist; premises owned, occupied or used by the Artistautomobiles owned, leased, hired, or borrowed by the Artist per attached endorsement form 4901080711.

General Liability Waiver of Subrogation applies in favor of The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteer per attached endorsement form 4901080711.

CERTIFICATE HOLDER

CANCELLATION
City of Placentia
ATTN: Luis Estevez
401 E. Chapman Avenue
Placentia, CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

BLANKET ADDITIONAL INSUREDS -

OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Policy Number: NA107217208
Endorsement Effective: 11/17/2022 12:01 a.m.

Named Insured

ALEX POLI

MAN ONE ART
Countersigned By:

SCHEDULE
Name of Person or Organization:

THE CITY OF PLACENTIA, AND ITS ELECTED AND APPOINTED BOARDS, OFFICERS,

OFFICIALS, AGENTS, EMPLOYEES, AND VOLUNTEERS
401 E. CHAPMAN AVENUE, PLACENTIA CA 92870
Location:
401 E. CHAPMAN AVENUE, PLACENTIA CA 92870
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured.

B. With respect to the insurance afforded to these additional insureds, the following exclusion is added:

2. Exclusions
This insurance does not apply to "bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or
(2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

C. The words "you" and "your" refer to the Named Insured shown in the Declarations.

D. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations.

Primary Wording
If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 49-0108 0711
May Include Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 1 Used with permission

Waiver of Subrogation
If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization.

© ISO Properties, Inc., 2000 49-0108 07 11 I

AGREEMENT FOR ARTIST SERVICES
This AGREEMENT is entered into and effective as of December 6, 2022, by and between the City Placentia (hereafter "CITY") and Cliff Garten & Associates, Inc., a California corporation, dba Cliff Garten Studio, (hereinafter referred to as "ARTIST"), to provide CITY with specialized ARTIST services by fabricating and installing a new gateway sculpture known as "Chromatic Ascension" on property owned by the State of California as part of a State highway beautification project sponsored by the California Department of Transportation (Caltrans) and Clean California Program.

WHEREAS, ARTIST desires to provide, and CITY desires to retain ARTIST to fabricate and install a new gateway sculpture as a public art project; and WHEREAS, ARTIST is a recognized professional with extensive experience and training in ARTIST's specialized field. In rendering these services ARTIST shall at a minimum exercise the ordinary care and skill expected from the average practitioner in ARTIST's profession acting under similar circumstances; and WHEREAS, such services will be of a professional and technical nature; and WHEREAS, the City Council has authorized Damien R. Arrula, City Administrator, to enter into this contract for these services.

NOW, THEREFORE, CITY and ARTIST agree as follows:

1.0 APPLICABLE DOCUMENTS
Attachment A, as set forth below is attached to and form a part of this Agreement.

Attachment A: Scope of Work, Schedule, Costs, Fees, and Artist Proposal
Attachment B: Caltrans Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork Agreement
This Agreement and the Attachment attached hereto constitutes the complete and exclusive statement of understanding between the parties which supersedes all previous agreements, written or oral, and all other communications between the parties relating to the subject matter of this Agreement.

In the event of any conflict or inconsistency between this Agreement and the attachments, or between the attachments, it shall be resolved by giving precedence first to this Agreement and then to the attachments in the following order: Attachment A, Attachment B.

2.0. TERM OF AGREEMENT
1 2.1 The term of this Agreement shall commence one day following full execution of this Agreement by CITY and ARTIST and shall expire within twenty-four (24) months subject to CITY's right to terminate earlier as provided herein.

2.2 This Agreement may be extended at the sole discretion of CITY, on a month -to -month basis for an additional one (1) year period by amending the Agreement in writing to reflect such extension.

3.0 INTERPRETATION
This Agreement shall be interpreted in accordance with the laws of the State of California. The headings herein contained are for convenience and reference only and are not intended to define the scope of any provision thereof.

4.0 DEFINITIONS
The following words as used herein shall be construed to have the following meaning, unless otherwise apparent from the context in which they are used:

Artist: means the artist, sole proprietor, partnership, or corporation which has entered into a contract with CITY to perform or execute the work covered by these specifications, including Artist's employees, agents, assigns, contractors, subcontractors, and anyone else involved in any manner in the exercise of the rights therein given to the Artist.

Artwork: means the site -specific Artwork as ultimately conceived, designed, including the Sculpture pedestal wall, lighting and all landscape and infrastructure after consultation with and approval by the City and applicable jurisdictional agencies.

Sculpture: means that part of the site -specific Artwork as ultimately conceived, designed, painted, fabricated, which is delivered to the Premises and installed on the pedestal wall by the Contractor
Contractor: means the Contractor or General Contractor hired by the City to perform construction, site work and installation of the Artwork necessary to complete the project for approval by the City and applicable jurisdictional agencies and the Artist.

Premises: means name and location of project.

Reproduction: means a two-dimensional or three-dimensional representation of the Artwork such as a photograph or scale model, recognizable as representing the Artwork.
2 5.0 MAXIMUM AMOUNT AND ARTIST PAYMENT
The not -to -exceed amount of this Agreement shall be Four Hundred- Seventy Five Thousand Dollars ($475,000) including all materials, labor and out of pocket expenses for structural engineering, electrical engineering, design development drawings, construction documents for the pedestal walls and footing, lighting specifications and plan, shop drawings, fabrication and painting of the Sculpture, delivery of sculpture to site and coordination with the Contractor hired by the City for the term of this Agreement as set forth in Section 2.0, above unless otherwise extended by written notice and agreed to by both parties.

Payment to ARTIST shall be made according to milestones listed in Attachment A to this Agreement, "Scope of Work, Schedule, Costs, Fees and Artist Proposal," provided that ARTIST is not in default under any provision of this Agreement beyond required notice and opportunity to cure periods, and has submitted a complete and accurate statement of payment due with documentation and deliverables attached supporting documentation of Artwork, purchase of materials and fabrication services and the statement of payment due per milestone. ARTIST's fees shall include all applicable taxes, and any additional taxes that are not included remain the responsibility of ARTIST.

5.1 ARTIST shall submit to the CITY all invoices, with documentation supporting the invoiced amounts, and the required deliverables (see Section 6.0, below, Statement of Work/Deliverables).

5.2 Upon approval of the required deliverables, the CITY shall review the invoice and authorize payment of an accurate invoice as soon as possible after receipt of ARTIST's billing. CITY will make a reasonable effort to effect payment within forty-five (45) days following receipt of an invoice which is accurate as to form and content.

6.0 STATEMENT OF WORK/DELIVERABLES

6.1 DESCRIPTION OF THE ARTWORK
Artist will fabricate and install a new site -specific Artwork gateway Sculpture called "Chromatic Ascension" on the on -ramp to State Highway 57 at Orangethorpe Boulevard as noted in the City selected gateway concepts attached to this Agreement. The approved gateway sculpture concepts are included in Attachment A of this Agreement.

Material and conceptual changes may be made to the design of the Artwork as proposed herein by the ARTIST prior to the CITY'S Acceptance of the Artwork (such as changes in the Artwork's material, color, size, relative scale and placement as compared to the preliminary design therefore that was most recently accepted or approved by the CITY) but only after the ARTIST has given written notice of such desired 3 changes to the CITY and has received written approval of each such change. Upon reasonable prior notice to the ARTIST, the CITY, and/or the CITY's agents shall have a right to make reasonable inspections and reviews of the ARTIST's progress with respect to the Artwork.

7.0 FURTHER TERMS AND CONDITIONS

7.1 APPROVAL AND OWNERSHIP OF ARTWORK
All tasks, "work products" (deliverables), services or other work performed by ARTIST are subject to the written approval of the CITY or designee. Approval of deliverable(s) will not be unreasonably withheld by CITY. Rejection of deliverable(s) shall be on clearly stated grounds with reference to objective criteria based upon deviations from original designs as approved. Upon issuance by the CITY of an Acceptance Notice, as provided in Section 7.18 herein and subject to Section 7.20, all right, title and ownership of the Artwork shall vest in the State of California pursuant to a separate agreement between the State and ARTIST. The City of Placentia shall maintain the Artwork under a separate agreement with the State of California.

7.2 AUTHORIZATION WARRANTY
ARTIST represents and warrants that the signatory to this Agreement is fully authorized to obligate ARTIST hereunder and that all acts necessary to effectuate the valid execution of this Agreement by any fictitious legal entity which constitutes ARTIST have been accomplished.

7.3 CHANGES AND AMENDMENTS OF TERMS
CITY reserves the right to change, through negotiation, any portion of the work required under this Agreement, or amend such other terms and conditions which may become necessary. Any such revisions shall be accomplished in the following manner:

7.3.1 For any change which does not materially affect the scope of work, or any other term or condition included under this Agreement, a Change Notice shall be prepared and signed by the CITY and ARTIST.

7.3.2 For any revision which materially affects the scope of work, price, or any term and condition included in the Agreement, an amendment to the Agreement shall be reasonably negotiated in good faith by both parties and executed by ARTIST and CITY's City Administrator or his designee.

7.3.3 For any change affecting ARTIST's project personnel, ARTIST 4 shall submit written notification and request to effect the change to the CITY. The CITY may accept or reject ARTIST's written notification and request.

7.4 ARTIST PERSONNEL
ARTIST shall provide qualified personnel to perform work and provide "work products" (deliverables) as indicated in the Agreement. ARTIST will ensure that its staff possesses the required professional licenses and certificates, if any, required by the State of California.

7.5 CITY'S QUALITY ASSURANCE PLAN
CITY or its agent will evaluate ARTIST's performance under this Agreement on not less than an annual basis. Such evaluation will include assessing ARTIST's compliance with all Agreement terms and performance standards. ARTIST deficiencies which CITY determines are severe or continuing and that may place performance of the Agreement in jeopardy, if not corrected, will be reported to the City Council. The report will include improvements/corrective action measures taken by CITY and ARTIST. If improvement does not occur consistent with the corrective action measures, CITY may terminate this Agreement or impose other penalties as specified in this Agreement.

The CITY may visit the ARTIST'S fabricator any time during the fabrication process with at least two (2) week's prior notice. ARTIST will provide CITY with photos of the materials purchased and the fabrication process at milestones in Exhibit A. CITY may visit Artist's fabricator at its expense, or may review the fabrication process via photos,

7.6 CITY'S RIGHT TO RENEGOTIATE AGREEMENT
CITY retains the right to renegotiate the terms, conditions and fees during the period of the Agreement if such renegotiation is necessitated by budget shortfalls and reductions. ARTIST is not obligated to accept such renegotiation terms and, in the event ARTIST and CITY cannot agree to new terms, this Agreement may be terminated for the convenience of the CITY pursuant to Section 7.24 herein and ARTIST will be paid in full on a pro rata basis for all work completed and costs and expenses incurred up to termination if ARTIST is not in default.

7.7 DELEGATION AND ASSIGNMENT
ARTIST shall not delegate its duties nor assign its rights hereunder, either in whole or in part, without the prior written consent of CITY.

7.7.1 Any delegation of duties shall be in the form of a subcontract.

ARTIST'S request to CITY for approval to enter a subcontract shall include:
5 7.7.1.1 A description of the services to be provided by a proposed subcontractor.

7.7.1.2 Identification of the proposed subcontractor and an explanation of why and how the proposed subcontractor was selected.

7.7.1.3 The proposed subcontract amount, together with ARTIST's cost or price analysis thereof.

7.7.1.4 A copy of the proposed subcontract. Any later modification or amendment of such subcontract shall be approved in writing by CITY before such modification or amendment is effective.

7.7.1.5 Subcontracts shall be made in the name of ARTIST and shall not bind nor purport to bind CITY. The making of subcontracts hereunder shall not relieve ARTIST of any requirement under this Agreement, including, but not limited to, the duty to properly supervise and coordinate the work of the
subcontractor. Approval of the provisions of any subcontract by CITY shall not be construed to constitute a determination of the allowableness of any cost under this Agreement. In no event shall approval of any subcontract by CITY be construed as affecting any increase in the Maximum Amount of this
Agreement set forth herein.

7.8 DISCLOSURE OF INFORMATION
ARTIST shall not disclose any details in connection with this Agreement to any party, except as may be otherwise provided herein or required by law. However, in recognizing ARTIST's need to identify its services and related clients to sustain itself, CITY shall not prohibit ARTIST from publicizing its role under this Agreement within the following conditions:

7.8.1 ARTIST shall develop all publicity material in a
professional manner.

7.8.2 During performance of this Agreement, ARTIST, its employees, agents, and subcontractors shall not publish or disseminate commercial advertisements, press releases, opinions, or feature articles, using the name of CITY without CITY's prior consent.

7.8.3 ARTIST shall not possess any interest, title, or right to any CITY case data or records. ARTIST is prohibited from disclosing any identified or unidentified raw CITY data to any other party, or from combining any identified or unidentified raw CITY data with that of any other ARTIST client or other party into any database or report format for any purpose whatsoever without 6 the expressed, written authorization of CITY_

7.9 INDEMNIFICATION

7.9.1 The Contractor shall indemnify, defend, and hold harmless the CITY, elected and appointed officers, employees, agents and volunteers ("CITY Indemnitees") from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from and/or relating to this Contract, except for such loss or damage arising from the negligence or willful misconduct of the CITY Indemnitees.

7.10 INDEPENDENT CONTRACTOR STATUS

7.10.1 The ARTIST shall perform all services hereunder as an independent contractor and is not and shall not be considered as an employee of the CITY. The Agreement is by and between the ARTIST and the CITY and is not intended, and shall not be construed, to create the relationship of employee, agent, partnership, joint venture, or association, between the CITY and the ARTIST.

7.10.2 The ARTIST understands and agrees that all persons furnishing services to the ARTIST pursuant to this Agreement are, for purposes of workers' compensation liability, employees solely of the ARTIST and not the CITY. The ARTIST shall bear the sole responsibility and liability for furnishing workers' compensation benefits to any person for injuries arising from or connected with services performed by or on behalf of the ARTIST pursuant to this Agreement.

7.10.3ARTIST represents and warrants to CITY, and CITY relies on such representation and warranty, that ARTIST has the
necessary skills, competency, and expertise to fully and completely perform the specialized services called for under this Agreement. CITY and ARTIST understand and agree that
ARTIST is responsible for the means and methods of performing these special services and accomplishing the results,
deliverables, objectives and/or purposes specified and/or requested by CITY pursuant to this Agreement.

7.11 INSURANCE COVERAGE REQUIREMENTS
Without limiting the ARTIST's indemnification of the CITY, the ARTIST shall procure and maintain throughout the Term of the Agreement the following programs of insurance as specified, except as otherwise noted. Such insurance shall be provided by insurers acceptable to CITY 7 and shall be primary to and not contributing as it relates to ARTIST liability with any other insurance or self-insurance programs maintained by the CITY, and such coverage shall be provided and maintained at the ARTIST'S expense.

ARTIST shall provide a certificate of insurance or other evidence of coverage acceptable to CITY, which shall evidence that the specified types and limits of insurance are in effect. Failure by ARTIST to provide evidence of, or to maintain the required insurance, shall constitute a material breach of the contract upon which CITY may immediately terminate or suspend this Agreement.

7.11.1 General Liability Insurance
Such coverage shall be obtained prior to the commencement of the painting of the Artwork and maintained until such time as ARTIST obtains CITY'S written acceptance of the Artwork. Such insurance also shall name CITY as an additional insured, and provide limits of not less than the following:

General Aggregate
Products/Completed Operations Aggregate
Personal and Advertising Injury
Each Occurrence
$1 million
$1 million
$1 million
$1 million
Such coverage shall be written on an ISO Commercial General Liability form (CG 00 01) or its equivalent. Alternatively, and at its sole option, the CITY also may accept liability coverage written on a Business Owners, a "Home Based" or similar "Micro" Business Policy form, or a Homeowners Insurance Policy form, providing such policy covers liability arising out of or in connection with the ARTIST'S business operations, including the ARTIST'S operations at locations other than the ARTIST'S residence premises.

Insurance Coverage Provided by Contractor: ARTIST may
satisfy all or any portion of the above general liability insurance requirements by providing evidence acceptable to CITY that the ARTIST is insured under a policy(ies) maintained by another party, such as a prime or general contractor.

7.11.2 Automobile Liability Insurance
Bodily injury liability each person
Bodily injury liability each accident
Property damage liability
$1 million
$1 million
$1 million
Such insurance shall include coverage for any vehicle the ARTIST will use to perform the services listed herein; such auto liability insurance must cover liability arising out of the ARTIST's business use of the vehicle.
8 7.11.3 Workers Compensation and Employers' Liability Insurance ARTIST shall be responsible for providing workers compensation benefits, as required by the Labor Code of the State of California or by any other state, and for which ARTIST is responsible. The above insurance also shall include Employers' Liability coverage with limits of not less than the following:

Each accident
Disease - policy limit
Disease - each employee
$1 million
$1 million
$1 million

7.11.4 Additional Insured Endorsements
The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Artist pursuant to its contract with the City; products and completed operations of the Artist; premises owned, occupied or used by the Artist automobiles owned, leased, hired, or borrowed by the Artist."
(b) Notice: " ARTIST shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self - insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, ARTIST shall forthwith obtain and submit proof of substitute insurance. Should ARTIST fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at ARTIST's sole cost and expense."
(c) Other insurance: "The ARTIST's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers as it relates to ARTIST liability. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers. (e) The ARTIST s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
9 7.11.5 Property Insurance
Section not used.

7.11.6 Waiver of Subrogation
The ARTIST agrees to release the CITY and waive its rights of recovery against the CITY under the insurance policies specified in this Agreement.

7.11.7 Notification of Incidents. Claims or Suits
ARTIST shall report to CITY:

7.11.7.1 Any accident or incident relating to services
performed under this Agreement which involves injury or property damage which may result in the filing of a claim or lawsuit against ARTIST and/or CITY. Such report shall be made in writing within 24 hours of occurrence.

7.11.7.2 Any third -party claim or lawsuit filed against ARTIST arising from or related to services performed by ARTIST under this Agreement.

7.11.7.3 Any injury to an ARTIST employee which occurs on CITY property. This report shall be submitted on a CITY "Non - employee Injury Report" to the CITY Contract Manager.

7.11.7.4 Any loss, disappearance, destruction, misuse, or theft of any kind whatsoever of CITY property, monies or securities entrusted to ARTIST under the terms of this Agreement.

7.11.8 Insurance Coverage Requirements for Subcontractors ARTIST shall ensure any and all subcontractors performing services under this Agreement meet the insurance requirements of this Agreement by either:

7.12.8.1 ARTIST providing evidence of ARTIST's insurance covering the activities of subcontractors, or

7.12.8.2 ARTIST providing evidence submitted by
subcontractors evidencing that subcontractors
maintain the required insurance coverage. CITY
retains the right to obtain copies of evidence of
subcontractor insurance coverage at any time.

7.13 RISK OF LOSS
Except as otherwise provided herein, all risk of destruction or damage to the Artwork or any part thereof from any cause whatsoever shall be borne by the ARTIST until written Acceptance of the Artwork by the CITY. The 10 ARTIST shall, at ARTIST's sole expense, rebuild, repair, and/or restore any portion of the Artwork which has been damaged. However, when the Contractor takes possession of the Artwork upon delivery, the risk of destruction or damage to the Artwork shall pass from the ARTIST to the Contractor at such time. ARTIST shall not be responsible for repairing any damage caused by jobsite contractors or subcontractors not under the ARTIST's contractual control or supervision.

7.14 LICENSES, PERMITS, REGISTRATIONS AND CERTIFICATES
ARTIST shall obtain and maintain in effect during the term of this Agreement, all licenses, permits, registrations and certificates, if any, required by law, which are applicable to the performance of this Agreement, and shall further ensure that all of its officers, employees and agents who perform services hereunder obtain and maintain in effect during the term of this Agreement, all licenses, permits, registrations and certificates required by law which are applicable to their performance of services hereunder. Site permits, or any permits required by the City will be the responsibility of the Contractor hired by the City.

7.15 LIQUIDATED DAMAGES
If ARTIST fails to perform agreed services of this Agreement after receipt of written notice identifying such failure to perform and ARTIST's failure to cure within thirty (30) days or does not complete such services within the agreed specified time, the CITY may, in its sole discretion, determine that the proper remedy is to reduce ARTIST's compensation by up to ten percent (10%) of the total contract amount. The parties agree that this amount is reasonable at the time of the making of this Agreement as a sum for liquidated damages. The parties have agreed on this amount for liquidated damages because, due to the nature of the services, it would be impracticable or extremely difficult to fix the actual damages. Liquidated damages are not an exclusive remedy under this Agreement, and the CITY retains its other remedies in law and equity. The Artist is not responsible for liquidated damages if the CITY's General Contractor has been unable to construct the sculpture pedestal in a timely fashion to receive and install the Artwork, or for delays caused by Force Majeure events.

7.16 MEETINGS
All meetings between CITY and ARTIST will be held at mutually agreed upon locations in the CITY.

7.17 NOTICE OF DELAYS
Except as otherwise expressly provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Agreement, that party shall, within five 11 (5) working days, give written notice thereof, including all relevant information with respect thereto to the other party.

7.18 NOTICES

7.18.1 Notices required or permitted to be given under the terms of this Agreement or by any law now or hereafter in effect may, at the option of the party giving notice, be given by personal delivery or by enclosing the same in a sealed envelope addressed to the party for whom intended and by depositing such envelope with postage prepaid in the United States Post Office or substation thereof, or any public mailbox. Notice by email is also acceptable.

The notices and envelopes containing same to CITY shall be addressed to:

City of Placentia
ATTN: Luis Estevez
401 E. Chapman Avenue
Placentia, CA 92870
[email protected]
The notices and envelopes containing same to ARTIST shall be addressed to:

Cliff Garten & Associates, Inc.

Attn: Cliff Garten
1315 Preston Way
Los Angeles, CA 90291
[email protected]
ARTIST is responsible to notify CITY of changes of address.

Adequate notification shall consist of delivery by mail to the last address provided by ARTIST to CITY as required herein.

7.18.2 In the event of suspension or termination of this Agreement, notices may also be given upon personal delivery to any person whose actual knowledge of such suspension or termination would be sufficient notice to ARTIST.

7.18.3 CITY shall provide notices required under sections 7.20, 7.21, and 7.22 by registered mail, and/or by email notice, and/or by personal service.

7.19 CITY ACCEPTANCE OF THE ARTWORK
12 As a condition precedent to Acceptance, the ARTIST shall notify CITY's Project Manager in writing that the Artwork has been completely installed at the Premises ("Completion Notice"). The Completion Notice shall include final written instructions concerning maintenance requirements for the Artwork. Within thirty (30) days of CITY's receipt of the Completion Notice, CITY shall notify ARTIST in writing that the Artwork is Accepted as completed and installed as required by this Agreement ("Acceptance Notice"), or if the Artwork does not meet this Agreement's requirements, CITY shall notify ARTIST of the defects ("Defect Notice"). Such Defect Notice shall include clearly stated grounds with reference to objective criteria identifying deviations from original designs as approved.

7.20 ARTIST'S REPRESENTATIONS AND WARRANTIES

7.20.1 The ARTIST represents and warrants to the CITY that the fabrication and installation of the Artwork will be performed in a workmanlike manner and that the Artwork will be free of defects in workmanship and materials, including inherent vice and portions deemed dangerous to the public, and that the ARTIST will, at the ARTIST'S own expense, remedy any defects due to faulty workmanship or materials, or to inherent vice, which appear within a period of one year from' the date the Artwork is Accepted by the CITY. "Inherent vice" refers to a quality within the material or materials which comprise the Artwork which, either alone or in combination, results in the tendency of the Artwork to destroy itself. If the Artwork should deteriorate because of faulty workmanship or material or an inherent vice within one (1) year from the date the work is Accepted by the CITY, the ARTIST will promptly repair or replace the Artwork without any charge to the CITY. However, the CITY may, in its sole discretion and only to the extent it deems advisable, assist the ARTIST for out-of- pocket expenses related to the repair or replacement of the Artwork, including materials, contracted labor, travel costs and subcontractor charges; but in no event shall it pay any charge for ARTIST'S labor. All repair or replacement completed by the ARTIST shall be consistent with professional conservation standards as determined solely by the CITY.

7.20.2 Warranties provided to the ARTIST by any subcontractor shall be for not less than one (1) year from the date the Artwork is Accepted by the CITY, and ARTIST shall require that all of its subcontractors shall allow the assignment of these warranties to the CITY. Warranties for light fixtures not manufactured by the Artist are with the lighting manufacturer and not the Artist.

7.20.3 The ARTIST represents and warrants to the CITY that the Artwork will not require maintenance substantially in excess of that described in the maintenance recommendations to be 13 provided by the ARTIST pursuant to this Agreement.

7.20.4 The ARTIST represents to the CITY that the Artwork is solely the result of the artistic efforts of the ARTIST, and that it will be installed free and clear of any liens, claims or other
encumbrances of any type from any source whatsoever.

7.20.5 The personal skill, judgment and creativity of the ARTIST is an essential element of this Agreement. Therefore, although the parties recognize that the ARTIST may employ qualified
personnel to work under the ARTIST'S supervision, the ARTIST shall not assign, transfer, or subcontract the creative and artistic portions of the Artwork to another party without prior written consent of the CITY.

7.20.6 The ARTIST represents and warrants to the CITY that the Artwork is unique and an edition of one and does not infringe upon any copyright of any person or entity, and that the ARTIST will not execute or authorize another to execute another work of art of the same theme and/or design, dimensions, and/or materials as the Artwork commissioned pursuant to this Agreement. This warranty shall continue in effect for a period of the life of the ARTIST.

ARTIST shall not execute another work of the same or
substantially similar design and dimension as the Artwork commissioned pursuant to this Agreement. Artist may create works that use or incorporate various individual art elements that comprise the Artwork, so long as the work using or incorporating such elements: (1) does not consist predominantly of such elements; (2) is not the same or substantially similar in image, design, dimensions and materials as the Artwork; and (3) is not displayed in an environment that is the same or substantially similar to the environment in which the Artwork is to be displayed at the Premises.

7.20.7 The ARTIST agrees to cooperate in making or permitting adjustments to the Artwork if necessary to eliminate any potential safety hazards, as determined by the CITY in its sole discretion, which become apparent within one (1) year of the date the Artwork is Accepted by the CITY

7.20.8 The terms of this Section 7.19 shall survive the expiration or termination of this Agreement.

7.21 INTELLECTUAL PROPERTY RIGHTS
Artist hereby agrees that all copyright interests, title, and ownership in the Artwork shall be owned by the California Department of Transportation (Caltrans), upon payment in full of 14 the Artist Payment. Artist acknowledges that by signing, executing, and notarizing Caltrans Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork agreement, which is hereby incorporated by reference and made part of this Agreement and attached as Attachment B, Artist has conveyed, transferred, and irrevocably assigns to Caltrans, the Artists' entire and exclusive copyright interests under federal and state copyright laws.

Artist further grants to the CITY an irrevocable and exclusive worldwide license to reproduce, distribute, and/or display two- dimensional reproductions of the Artwork for any non-commercial purpose including, without limitation, advertising, brochures, postcards, media publicity, and catalogues or similar publications.

All such reproductions shall bear a copyright notice in ARTIST'S name. ARTIST hereby grants to the CITY the right to reproduce and retain copies of the design plans and drawings produced and used by the ARTIST in the design and installation of the Artwork for the purposes of public exhibition related to the display of the artwork.

Subject to ARTIST's unlimited rights to create new artworks of a similar design as outlined in Section 7.20.6 above, should the CITY grant the right to reproduce the Artwork to the ARTIST, CITY shall be entitled to 20 percent (20%) of the net proceeds that ARTIST or others may receive for such reproduction.

7.21 CITY'S RESPONSIBILITY AFTER ACCEPTANCE

7.21.1 The CITY recognizes that the maintenance of the Artwork is essential to the integrity of the Artwork and agrees that it will take reasonable efforts to see that it is properly maintained, considering the written maintenance guidelines of the
ARTIST delivered with the Completion Notice. The CITY
reserves the right to make minor or emergency repairs
without consultation with the ARTIST provided the work is performed in accordance with recognized principles of
conservation. In the event the CITY desires to make repairs to or to restore the Artwork during the ARTIST's lifetime and such work does not comply with the ARTIST's written
maintenance guidelines, the CITY shall make a good faith effort to notify the ARTIST in writing at least thirty (30) days in advance to request that ARTIST advise CITY about the proposed repair or restoration, and ARTIST shall have a right to reasonable compensation with respect to such
advice and/or services provided.

7.22 RECORDS RETENTION AND INSPECTION
15 7.22.1 Upon receipt of a written request, ARTIST shall, at no cost to CITY, make available to CITY and all authorized representatives for examination, audit, excerpt, copy or transcription any pertinent transaction, activity, timecard, or other record relating to this Agreement. Failure on the part of ARTIST to comply with the provisions of this Paragraph shall constitute a material breach of this Agreement upon which CITY may terminate or suspend this Agreement. Such material, including books, records, documents, case files and all pertinent costs, accounting, financial records, and proprietary data must be kept and maintained for a period of five (5) years after the term of this Agreement, or until such time as all audits are completed, whichever is later. CITY may require specific records be retained longer than five (5) years when there is outstanding litigation, unresolved disputes, or any audit.

7.22.2 Upon expiration or termination of this Agreement, all CITY owned documents, reports, records, case files, correspondence, and work product relating to ARTIST's operations under this Agreement shall be returned to CITY or to such other location in CITY as the CITY Contract Manager may direct. It is understood that all the materials described above are the property of CITY and not of ARTIST.

7.22.3 If an audit specifically regarding this Agreement is conducted by any Federal or State auditor, or any auditor or accountant employed by ARTIST or otherwise, ARTIST shall file a copy of each such audit report with the CITY Contract Manager within thirty (30) days after ARTIST's receipt thereof.

7.23 TERMINATION FOR CONVENIENCE OF THE CITY

7.23.1 Performance of services under this Agreement may be terminated by CITY in whole or in part when such action is deemed by CITY to be in its best interest. Termination of work shall be affected by delivery to ARTIST of a ten (10) calendar day prior written Notice of Termination specifying the extent to which the performance of work is terminated and the date upon which such termination becomes effective. CITY acknowledges and agrees that ARTIST shall be paid a pro rata portion of the Artist Payment hereunder for all services performed, materials purchased, and expenses incurred up to the date of termination of this Agreement.

7.23.2 If, during the term of this Agreement, CITY funds appropriated for the purpose of this Agreement are reduced or eliminated, CITY may immediately terminate this Agreement upon written 16 notice to ARTIST. CITY acknowledges and agrees that
ARTIST shall be paid a pro rata portion of the Artist Payment hereunder for all services performed, materials purchased, and expenses related to the fabrication of the Artwork incurred up to the date of termination of this Agreement.

7.23.3 After receipt of the Notice of Termination and except as otherwise directed by CITY, ARTIST shall:

7.23.3.1 Immediately stop services under this Agreement on the date and to the extent specified in the Notice of
Termination.

7.23.3.2 Complete performance of such part of the work as shall not have been terminated by the Notice of Termination.

7.23.4 After receipt of the Notice of Termination, ARTIST shall submit to CITY, in the form and with the certifications as may be prescribed by CITY, its termination claims and invoice. Such claim and invoice shall be submitted promptly, but not later than three (3) months from the effective date of termination. Upon failure of ARTIST to submit its termination claim and invoice within the time allowed, CITY may determine, based on
information available to CITY, the amount, if any, due to ARTIST in respect to the termination and such determination shall be final. Upon the earlier of: (1) delivery of ARTIST's invoice hereunder; or (2) if ARTIST fails to submit its invoice within the time allowed and such determination is made, CITY shall pay ARTIST the amount so determined.

7.23.5 In the event it is determined by CITY that ARTIST has been overcompensated, CITY shall notify ARTIST of the
overcompensation with details reasonably supporting any such claim for overcompensation, and ARTIST must provide a
written response within thirty (30) days of the receipt of such notice, including any refund that may be due CITY.

7.23.6 CITY and ARTIST shall negotiate an equitable amount to be paid to ARTIST by reason of the total or partial termination of work pursuant to this paragraph. Said amount shall include a proportional payment for satisfactory work performed and reasonable expenses incurred up to the effective date of termination and may include a reasonable allowance for profit on work done but shall not include an allowance on work terminated.

CITY shall pay the agreed amount; subject to other limitations and provided that such amount shall not exceed the total funding obligated under this Agreement as reduced by the number of payments otherwise made and as further reduced by the contract 17 price of work not terminated.

7.23.7 Upon termination of this Agreement, ARTIST shall deliver to CITY all work completed or in progress, including all data, reports and deliverables within ten (10) business days after termination of this Agreement. Upon such termination CITY use of ARTIST's
copyrighted designs shall be subject to further agreement between the parties.

7.23.8 Upon termination of this Agreement, ARTIST shall comply with the provisions of Section 7.22, Records Retention and Inspection, herein above.

7.24 TERMINATION FOR DEFAULT OF ARTIST

7.24.1 CITY may, subject to the provisions outlined below, terminate the whole or any part of this Agreement in any one of the following circumstances by written notice of default to ARTIST and ARTIST's failure to cure such default within thirty (30) days:

7.24.1.1 If ARTIST fails to perform the service within the time specified or, with prior CITY approval, any extension
thereof.

7.24.1.2 If ARTIST fails to perform any of the other provisions of this Agreement, or so fails to make progress as to
endanger performance of this Agreement in accordance
with its terms, and in either of these two circumstances does not F remedy such failure within a period of fifteen (15) calendar days (or such longer period as CITY may
authorize in writing) after receipt of notice from CITY specifying such failure.

7.24.2 In the event CITY terminates this Agreement in whole or in part for cause as provided in this Section 7.24, CITY may procure, upon such terms and in such manner as CITY may deem
appropriate, services to restore the Premises to the condition which existed prior to the commencement of services hereunder.

ARTIST shall be liable to CITY for the cost of such services, only if Artist is in default of Agreement after receipt of written notice of such default and failure to cure such default within thirty (30) days.

7.24.3 If, after giving Notice of Termination of this Agreement under the provisions of this Section 7.24, it is determined for any reason that ARTIST was not in default under the provisions of this paragraph or that the default was excusable, the rights and obligations of the parties shall be the same as if the notice of 18 termination had been issued pursuant Section 7.23, Termination for Convenience of the CITY, herein above.

7.24.4 Upon termination of this agreement, ARTIST shall adhere to the termination provisions of Sections 7.23.7 and 7.23.8, Termination for Convenience of the CITY, herein above.

7.25 TERMINATION FOR NON -APPROPRIATION OF FUNDS

7.25.1 CITY's obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to Federal, State or CITY's legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the Board of Supervisors or the State or Federal Legislature does not allocate sufficient funds for the next succeeding fiscal year payments, services shall automatically be terminated as of the end of the then current fiscal year. Such termination shall be considered a termination for convenience of the CITY and CITY acknowledges and agrees that ARTIST shall be paid a pro rata portion of the Artist Payment hereunder for all services performed, materials purchased, and expenses incurred up to the date of termination of this Agreement.

7.25.2 CITY shall make a good faith effort to notify ARTIST, in writing, of such non -appropriation at the earliest time.

7.26 VALIDITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.

7.27 WAIVER
No waiver of a breach of any provision of this Agreement by CITY shall constitute a waiver of any other breach of said provision or any other provision of this Agreement. Failure of CITY to enforce at any time, or from time to time, any provision of this Agreement, shall not be construed as a waiver thereof.

7.28 FORUM SELECTION
All disputes arising out of this Agreement which cannot be resolved by good faith negotiation between the parties in a reasonable time period shall be submitted to mediation in Orange County in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If mediation is not successful in resolving the entire dispute, any outstanding issues shall be submitted to final and binding arbitration in 19 Orange County. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof. The prevailing party in any arbitration shall be entitled to reasonable attorney's fees and costs, including those of the arbitrator, incurred in the enforcement of this Agreement.

7.29 DEATH OR INCAPACITY OF ARTIST
If the ARTIST becomes unable to complete the Artwork due to death or incapacity, such death or incapacity will not be treated by the CITY as a default on the part of the ARTIST, except that the CITY is not obligated to accept the Artwork.

In the event of incapacity of the ARTIST before completion of the Artwork, it is the intent of the parties that the CITY and the ARTIST and/or the authorized representatives of the ARTIST will consult to determine if the Artwork can be completed by a third party or parties to the satisfaction of the CITY and the ARTIST. In the event of incapacity of the ARTIST, the CITY may elect to terminate this Agreement or may elect to have the Artwork completed by a third party or parties. Should the Artwork be completed by a third party or parties, the ARTIST will retain rights under Section 7.20 herein above.

In the event of death of the ARTIST, this Agreement shall terminate effective the date of death. At the CITY's request, the ARTIST's executor shall deliver to the CITY the Artwork in whatever form or degree of completion it may be in at the time. The title to the Artwork shall then transfer to the CITY however the ARTIST's heirs shall retain all rights under Section 7.20 herein above.

Should the Artwork be incomplete, the CITY and the ARTIST's heirs will consult to determine whether the Artwork can be completed by a third party or parties, and how to properly credit the Artwork.

8.0 STANDARD CONTRACT TERMS

8.1 ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS
ARTIST hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Sections 2000e through 2000e (17), to the end that no person shall, on grounds of race, creed, color, sex, national origin, age, condition of mental or physical handicap, marital status, or political affiliation, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program, or activity supported by this Agreement.

8.2 CONFLICT OF INTEREST
20 8.2.1 ARTIST represents and warrants that no CITY employee whose position in CITY enables him/her to influence the award of this Agreement, and no spouse or economic dependent of such
employee is or shall be employed in any capacity by ARTIST herein or does or shall have any direct or indirect financial interest in this Agreement.

9.0 PREVAILING WAGE
The construction, alteration, demolition, installation, or repair of public art with CITY and State of California funds constitutes Public Works as defined in section 1720 of the California Labor Code. Therefore, this AGREEMENT may include both prevailing wage and non- prevailing wage work. Therefore, ARTIST and Subcontractors must comply with the requirements of Labor Code section 1720 et seq. and the Prevailing Wage Requirements as specified in Attachment I. These include, but are not limited to:
• Payment of, at a minimum, prevailing wage to qualifying workers hired by ARTIST, or any Subcontractor, to install or construct public art ■ Maintaining and reporting certified payroll records for qualifying workers hired by ARTIST, or any Subcontractor, to install or construct public art • Employment of apprentices for qualifying projects when workers are hired by ARTIST, or any Subcontractor, to install or construct public art (Labor Code § 1777.5)
• Registration of subcontractors performing qualifying work of installing or constructing public art with the California Department of Industrial Relations.

By executing this AGREEMENT, ARTIST hereby acknowledges that:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
If applicable, subcontract agreements for installation or construction of the artwork shall require subcontractor to comply with California Prevailing Wage law and the requirements of the Prevailing Wage Requirements, Attachment I.

IN WITNESS THEREOF, CITY has caused this Agreement to be executed by Damien R. Arrula, City Administrator. ARTIST has caused this Agreement to be executed by its duly authorized representative.
21 CITY OF PLACENTIA
By: Date:

Damien R. Arrula,
City Administrator
Cliff Garten & Associates, Inc.

By: Date:

Cliff Garten
APPROVED AS TO FORM:

Date:

Christian L. Bettenhausen,
City Attorney
Date:

Robert S. McKinnell,
City Clerk
22 ATTACHMENT A

SCOPE OF WORK, SCHEDULE, COSTS AND FEES

FOR FINAL INSTALLATION
ARTIST Overall Responsibilities:

Time is of the essence in this Agreement, which is tied to the expenditure of grant funds and the Artwork must be completed, installed and final invoicing processed prior to December 31, 2023. In the event of a substantial delay in the completion of the Artwork a reduction of the artist fee will be assessed in the amount of 10% of the contract amount.

1. ARTIST agrees to understand and adhere to safety requirements of the City and Caltrans in the Design of the Artwork. The City and Caltrans will inform the artist about safety issues and expectations.

2. ARTIST will adhere to the schedule provided to the City. The schedule shall be provided before the start of any work. Unless otherwise agreed in a written Agreement by and between the City and Artist payment amount to the Artist shall not increase if schedule changes.

3. ARTIST shall perform all services and furnish all supplies, materials, and equipment as necessary for fabrication and the painting of the Sculpture.

4. ARTIST is responsible for providing professional photography of the Artwork based on the City's photographic guidelines.

5. ARTIST is responsible for finishing the design detailing and construction documents for an original and innovative artwork that will:
a. Conform to the approved gateway sculpture conceptual design b. Be constructed within the allowed budget and timeline. c. Require minimal routine maintenance and should last a minimum of twenty-five years in the location for which it is designed.

6. ARTIST shall perform all services and furnish all supplies, materials, and equipment as necessary for the fabrication and painting of the Sculpture. Artist's services for the Artwork include, shop drawings and as -built drawings, construction documents for footing pedestal and lighting elements, and site plans for location of Sculpture and landscaping. Artist will coordinate with City and or Caltrans to provide engineering calculations for sculpture and, engineering calculations and plans for the Artwork foundation and pedestal walls, pedestal and lighting elements, Artist will pay taxes, insurance, materials, labor, tools, equipment, subcontractors, and all other items pertaining to the production of the Sculpture.

7. ARTIST is responsible to store finished Artwork at ARTIST's own expense until the CITY, through its General Contractor, is ready for the Artwork to be received and A2

installed. Installation shall not be unreasonably delayed by the CITY, so that ARTIST will not be required to store the Artwork for an unreasonable period. CITY shall be responsible for any additional storage fees incurred by ARTIST because of an unreasonable CITY delay.

8. ARTIST will be responsible for overseeing and coordinating with the Contractor for the installation of the Artwork as indicated in the construction drawings and specifications and ensure the construction of the foundation and pedestal for the Artwork so that the Artwork can be placed on its pedestal and permanently secured.

CITY Overall Responsibilities:

1. CITY will set and coordinate meetings between the ARTIST and the other members of the design review committee and Caltrans, as needed to complete this scope of work.
2 CITY shall reimburse ARTIST for engineering the footing and pedestal.

The CITY shall reimburse the artist for the cost to deliver the Artwork to the project site and through its General Contractor will construct the Artwork's foundation and pedestal walls as designed by ARTIST, under close supervision of the ARTIST and will ensure that the premises are prepared for the timely delivery and final installation of Artwork. CITY's General Contractor will be responsible for coordinating with Artist for delivery and offloading of Sculpture, picking up and placing Artwork on completed pedestal. The CITY shall provide the lighting for the Sculpture and have their General Contractor provide electrical service and conduit and wiring to the lights with their installation and aiming according to Artist's documents, as approved by the CITY.

3. CITY, in concert with Caltrans, will renovate the surrounding project site with new landscape and hardscape improvements to enhance the Artwork as well as install needed electrical service to light the Artwork and irrigation if necessary.

4. CITY shall provide for the ARTIST's review, draft text and images on the Artwork and project for the CITY Arts Department's web site, and print materials, such as post -cards or brochures.

5. CITY will inform and include the ARTIST of any dedication events for the Artwork and/or the project.
6 The City's public information officer will coordinate inquiries from the media regarding the Artwork, especially in association with a dedication event.

ARTIST Specific Tasks:

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Phase 1: Final Art Design and Construction Documents
Meetings:

1. Artist shall attend follow up meeting(s) and/or participate in conference calls on an as -needed basis to coordinate design and/or construction details for Artwork placement and other elements to be located at the identified site, both prior to start of fabrication and construction and during the installation process.

Deliverables:

1. Revised Budget, including all costs to design, build, transport, and ensure the Artwork, not to exceed the agreement amount:
a. Fabrication and labor (include sources and quotes when possible). b. Transportation of Artwork.
c. Lighting (for minimum number of fixtures only).
d. General liability, Auto Insurance, and other insurance as applicable. e. Storage prior to transportation to site.
f. Engineering design of Artwork foundation, pedestal, and electrical service. Engineering of Sculpture, Electrical Engineering. g. Design Development Documents.
h. Photos and material sheets on Purchased metal for fabrication.

2. Fabrication Plan and Schedule
a. Complete list of materials.
b. Methods for fabrication.
c. Schedule to complete engineered plans for footings, pedestals, and electrical lighting improvements.
d. Schedule to complete fabrication of Sculpture and prep for delivery.

3. Installation Plan:

In consultation with the City and Caltrans, determine:
a. How art elements will be installed.
b. General contractor responsibilities and sequencing for site preparation and installation; and
c. Artist's responsibility and sequencing for the installation of the Artwork.
d. Upon delivery, Artwork should be finished and installed in a manner that does not require additional storage at any point, unless early delivery is requested by City for its convenience.
e. How the Artwork is to be protected in the event it is completed prior to any other elements on Site is the responsibility of the General Contractor who controls the site, with consultation from A2

Artist.

4. Scaled Drawings and Renderings:
a. Submit scaled drawings indicating all dimensions, locations, attachments, engineered foundation, pedestal and lighting schematics.
b. Provide at least three -color renderings of all proposed art elements showing the Artwork in context and from multiple views with regards to human form.
c Two of the renderings should be easily understood and ready for public distribution to illustrate daytime and nighttime effects.

5. Submit 100% Stamped engineering drawings for footings and pedestal provided by Artist furnished to the CITY who will furnish to their General Contractor. Contractor will submit construction documents and all necessary supplementary and related materials (contractor information and contractor's license) to the Department of Public Works and other agencies as necessary for review and permit approval.

6. Artist submits Revised Budget.

7. City releases bidding documents and Selects a General Contractor.

Phase 2: Fabrication and Contractor Coordination
Task:

1. City shall give Artist notice to proceed upon review of Construction Documents Engineering Documents and Shop Drawings.

2. City and Artist shall meet with General Contractor for Pre -Construction meeting.

3. Artist shall work with the City Project Manager to arrange progress inspections of the artwork fabrication and installation.

4. ARTIST shall notify the City of any issues with the larger project that are negatively impacting their ability to provide the services under this Scope of Work prior to making any adjustments to their tasks or deliverables.

5. CITY reserves the right to inspect the work in progress at any time and will give the artist reasonable notice to schedule inspections

6. City will provide the following in coordination with Caltrans and according to Artist's documents and in coordination with Artist, once Artist's documents are approved by City:
• Construction of the concrete footing and pedestal wall as engineered • Installation of sculpture to pedestal wall
• General contractor who will organize, perform and oversee all site construction work and installation of the sculpture
• Contractor will off-load sculpture delivered to site in consultation with Artist
• All equipment necessary for site preparation and installation A2

• Traffic management for delivery and installation as necessary • Electrical service on site
• Conduit for power, data to sculpture lights
• Procurement of lights for illuminating the sculpture, and control box and timer
• Installation and aiming of lights
• Irrigation and landscaping

7. ARTIST shall work with the City Project Manager to arrange two progress inspections of the artwork fabrication and installation, at approximately 50% which may be a visit to fabrication studio or by photos.

8. If ARTIST changes any subcontractors identified during the design phase, ARTIST shall notify the CITY and provide a copy of the agreement between the ARTIST and the subcontractor.

9. Completion of Contractor's site work and inspections by Artist and City. �o. Artist submits paint sample and specifications for approval by City and Caltrans.

Phase 3 - Final Approval of Sculpture and Completion of Site Construction by General Contractor

1. City will approve paint sample and specifications; Artist shall paint sculpture.

2. ARTIST shall store the Artwork until such time as it is transported to the Premises.

3. City will Visit Fabricator in Salt Lake, UT to approve the work at the milestone of 100% complete and before it is transported to the site, to ascertain all work has been completed to the expectations of the CITY.

This is to ascertain that work has been done to the satisfaction of the City so that, if necessary changes can be to the Sculpture before it leaves for the site.

4. ARTIST will promptly inform the City Project Manager of any delays in the schedule.

5. ARTIST shall arrange for shipment by meeting with General Contractor to schedule delivery to General Contractor and properly prepare the Artwork for shipment and transport it to the Premises for off-loading by General Contractor.

Phase 4 — Close Out

1. ARTIST shall coordinate and conduct with the City Project Manager a final walk through of completed art.

2. ARTIST shall coordinate photo shoot with the City Project Manager for final documentation.

3. Maintenance Plan:

Submit to the City a report with recommendations assessing the entire Artwork materials and specifications including lighting plan to communicate longevity, safety, and durability of A2

materials.

Include recommendations for routine maintenance and long- term conservation requested.

Payments to ARTIST:

As defined in the Agreement the ARTIST shall be paid a fee not to exceed the amount of $475,000 as specified in Section 5.0 therein. All expenses incurred by the ARTIST are included in this fee and request for payment shall be made on a milestone basis, accompanied by a progress report and invoice.

1. 20 percent ($95,000) upon signing contract and CITY's issuance of Notice to Proceed, in order to purchase materials and hold a fabrication slot in fabricator's schedule. Artist will submit a project schedule timeline for Phases and Completion, for approval by City, three weeks after payment.

2. 20 percent ($95,000) upon Phase 1, Completion of Design Development Drawings and Engineering and Budget

3. 20 percent ($95,000) Phase 2, Upon completion of Construction Documents, of Artwork for bidding by City and Shop Drawings of Sculpture and 50% completion of Sculpture.

4. 35 percent ($166,250) Phase 3, after CITY's inspection of Completed Sculpture at fabricator's business and prior to delivery and installation of Artwork at project site. Artist and City's inspection of completion of General Contractor's Site work.

5. 5 percent ($23,750) Phase 4, upon final completion of project and close-out documents.

Payment shall be made within forty-five (45) consecutive calendar days of receipt and approval of the payments request. The ARTIST shall be responsible for all Federal and State income taxes associated with this agreement, as well as any sales, use or privilege tax which might be assessed.

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Attachment B
Caltrans Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork Agreement
Ii

ASSIGNMENT AND TRANSFER OF COPYRIGHT AND

WAIVER OF MORAL RIGHTS IN ARTWORK
This Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork (the "Agreement") is entered on the 27th day of November, 2022 (the "Effective Date"), by and between the Artist, Cliff Garten and Associates Inc., DBA, Cliff Garten Studio with his/her principal address at 1315 Preston Way, Venice, CA 90291 (the "ASSIGNOR") and the California Department of Transportation located at 1 120 N Street, Sacramento, CA 95814 (the "ASSIGNEE") (collectively, known as the "PARTIES"), with respect to this original visual artwork described below as the "Chromatic Ascension" Gateway Monument.

RECITALS:

WHEREAS the PARTIES agree to the following definitions as used herein and throughout this Agreement:

Copyrights: Means a form of protection provided, as defined and enforceable under the U.S. Copyright Act of 1976, to authors of original works of authorship. The original works of authorship include all categories of artistic work protectable under the copyright laws, including but not limited to, the intangible property rights in pictorial, graphic, architectural, and sculptural works, fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated either directly or with the aid of a machine or device.

2. Copyright Ownership: Means the owner of all Copyright interests in the work, as defined and enforced under the U.S. Copyright Act of 1976, to whom the law grants specific and exclusive rights to do and authorize any of the following: 1) to reproduce and make copies of the work; 2) to prepare derivative works based on the work; 3) to sell or distribute copies of the work to the public or other transfer of ownership, or by rental, lease, or lending; 4) to display the work publicly; 5) to perform the work publicly; and 6) to enforce the work against unauthorized use.

3. Local Agency Agreement: Means the agreement entered into between ASSIGNOR, Cliff Garten and Associates Inc., and the City of Placentia (hereinafter,
"Local Agency") pertaining to, but not limited to, the design, installation, operation, maintenance, removal of the transportation art, and the incorporation of ASSIGNOR's executed and notarized Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork by ASSIGNOR as part of the Le 1 of 11

Agency Agreement. The signed and executed Local Agency Agreement is hereby incorporated by reference and made part of this Agreement and attached as Exhibit A to this Agreement.

4. Final Artwork: Means the original visual artwork described below as "Chromatic Ascension" developed, designed, and/or created by ASSIGNOR which form the final Material Object (as defined below) of the work commissioned exclusively for the Project (as defined below), and as detailed in the Project description, provided by ASSIGNOR and the Local Agency and approved by ASSIGNEE through the Transportation Art Proposal application process (as defined below). ASSIGNOR acknowledges that the Final Artwork (as described below) includes Preliminary Works (as defined below) and the Material Object (as defined below) which are incorporated and made part of the final representation of the Final Artwork. All documentation pertaining to Final Artwork is hereby incorporated by reference and made part of this Agreement and attached as Exhibit B to this Agreement.

5. Material Object: Means the tangible visual Final Artwork created, designed, constructed, and installed on ASSIGNEE's right of way by ASSIGNOR, the Local Agency, the Local Agency's contractor, or by a third -party acting on behalf of the Local Agency pursuant to the Local Agency Agreement and the Transportation Art Proposal. Photographs of the Material Object are hereby incorporated by reference and made part of this Agreement, and attached as Exhibit C to this Agreement, upon completion of installation of the Material Object.

6. VARA: Means the Visual Artists Rights Act of 1990, which confers upon authors of works of visual art, several types of attribution and integrity rights, including but not limited to, the right to prevent any intentional distortion, mutilation, or other modifications to his/her visual artwork, and to prevent the destruction of a visual artwork of recognized stature.

7. CAPA: Means the California Art Preservation Act of 1979, which confers certain rights to artists of works of fine art (original paintings, sculptures, drawings or original works of art in glass, of recognized artistic quality), including, but not limited to, the right to prohibit the intentional commission of any physical defacement, mutilation, alteration, or destruction of a work of fine art by any person or entity who possesses or owns the fine art.