POLICY NUMBER: 1000100141221
Effective: 07/01/2022
COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or
Organization(s):
Location And Description Of Completed
Operations
Where Required By Written Contract
Where Required By Written Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and included
in the "products -completed operations hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
CG 20 37 04 13
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III — Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
© Insurance Services Office, Inc., 2012
POLICY NUMBER: 1000198198221 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: West Coast Arborists, Inc.
Endorsement Effective Date: 07/01/2022
SCHEDULE
Name Of Person(s) Or Organization(s):
Where required by written contract
Information recuired to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA20481013
© Insurance Services Office, Inc., 2011 Page 1 of 1
Steve Blakey, President
Starr Indemnity & Liability Company
Y P Y
Dallas, TX 1-866-519-2522
Primary and Non -Contributory Condition
Policy Number: 1000100141221 Effective Date: July 1, 2022 at 12:01 A.M.
Named Insured: West Coast Arborists, Inc.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. SECTION IV - CONDITIONS, condition 4. Other Insurance is amended as follows:
1. The following is added to paragraph 4.a. of the Other Insurance condition:
This insurance is primary insurance as respects our coverage to the additional insured, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured is a Named Insured.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
Signed for STARR INDEMNITY & LIABILITY COMPANY
'•;fir ! -lr f4 -L-,14::' - :•,(-; ' %1"
Nehemiah E. Ginsburg, General Counsel
OG 107 (04/11) Page 1 of 1
Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved.
Includes copyrighted material of ISO Properties, Inc., used with its permission.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2.0% of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization Job Description
Any person or organization to whom you become obligated to waive your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss.
Where required by contract
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective:07/01/2022
Policy No,: 100 0004228 Endorsement No.:
Insured: West Coast Arborists, Inc. Premium:
Insurance Company: Starr Specialty & Liability Company Countersigned by; WC 04 03 06
(Ed. 04-84)
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE JUNE 20, 2023
AMENDMENT TO COOPERATIVE AGREEMENT WITH THE COUNTY OF
ORANGE FOR THE DESIGN AND CONSTRUCTION OF THE OC LOOP
RECREATION TRAIL
FISCAL
IMPACT: EXPENSE: NONE
REVENUE: $215,682 COUNTY ONETIME PAYMENT TO CITY
SUMMARY:
The City and County of Orange entered into a cooperative agreement in 2017 for the design and construction of the Segment D gap closure for the OC Loop Project. The County agreed to design and construct the new recreation trail and the City agreed to maintain the improvements. The engineering design for the trail project and the City's planned Golden Avenue Bridge Replacement Project were closely coordinated since a portion of the new trail will pass below the bridge requiring the bridge to be replaced prior to the trail being constructed. Funding delays for the City's bridge replacement project has delayed the start of this project which will have an impact on the County's trail project which is also utilizing grant funding that must be allocated by a certain time.
Since the City's bridge project will not be completed in time for the new trail project the County has agreed to provide the City with funding to construct a short trail gap closure in tandem with the City's bridge replacement project. This allows the County's trail project to proceed while the City continues to work towards advancing the bridge project to the construction phase. Through this proposed agreement amendment, the County has agreed to provide the City with $215,682 which is the engineer's estimate to construct the small section of bike trail that will run beneath the new bridge.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve Amendment No.1 to the Cooperative Agreement with the County of Orange for the design and construction of the OC Loop Class 1 bikeway; and
2. Authorize the City Administrator and/or his designee to execute all necessary documents in a form approved by the City Attorney.
1.n.
June 20, 2023
City Council Agenda
June 20, 2023
STRATEGIC PLANNING STATEMENT
This item is consistent with Goal 5, Implement Public Infrastructure to Meet Community Needs, and Objective 5.3, Examine more multi -modal transportation options.
DISCUSSION:
On September 26, 2017, the City Council approved a cooperative agreement with the County of Orange for the design and construction of the Segment D Gap Closure Project of the OC Loop Class I recreational trail through portions of Yorba Linda and Placentia. The OC Loop project is a 63 -mile off-street recreational trail in north and central Orange County. There are still several gaps in the master -planned trail one of which is Segment D which passes along the Carbon Creek Channel through Yorba Linda and Placentia. The Segment D portion of the trail will connect to the northern terminus of the El Cajon portion of the trail in Yorba Linda at the intersection of Bastanchury Road and the Carbon Creek Channel up to La Floresta Street in Brea. The City's cooperative agreement with the County outlines the roles and responsibilities of each agency in delivering and maintaining the new recreational trail. The County is responsible for the design and construction of the new trail and the City has agreed to maintain the portion of the trail passing through Placentia. The design of the new trail has been coordinated with the City's planned removal and replacement of Golden Avenue Bridge as the new trail will pass below the new bridge with two new on/off ramps connecting the trail to the bridge. This will provide a seamless connection to the existing Class II bike lanes along Golden Avenue west to the Class I bike trails in Tri-City Park. This design also requires that the bridge be replaced prior to the construction of the new trail.
The City's bridge replacement project has been delayed for a lack of funding. The City was awarded a grant through the Federal Highway Bridge Program (HBP) in 2014 however this grant program is currently oversubscribed and Congress has not increased the annual level of funding to the HBP since 2005. However, last year the City was awarded a Federal earmark in the amount of $2.2 million through Congresswoman Kim's Office as a Congressionally Directed Community Project. The funds, however, are being passed through the Federal Highway Administration (FHWA) which subjects the project to all Federal grant program requirements.
Several years ago, Staff was able to negotiate several permanent and temporary construction easements from property owners who abut the bridge project area. The easements are needed both for temporary construction access as well as for the permanent footings for the new bridge.
The easements were purchased using City funds and not Federal funds. However, Staff learned last year that since the Federal earmark was subject to Federal grant rules and because the City did not follow the specific Federal requirements for obtaining easements, the City would have to quitclaim the easements back to the abutting property owners and then restart the easement acquisition process from the beginning following Federal mandates.
The County has secured a number of grants to fund the cost of construction of the trail project and must begin construction by September 2023 in order to keep the grant funding active.
Because the City's bridge replacement project has been further delayed due to Federal red tape it will not be able to replace the bridge ahead of the construction of the new trail. As such, the City
City Council Agenda
June 20, 2023
and County worked together to modify the County's bike trail construction plans that will leave a gap beneath the existing bridge. The new trail will lead bicyclists and pedestrians to Golden Avenue Bridge where a new crosswalk will be constructed to connect trail users to the new trail north of the bridge. The proposed amendment to the cooperative agreement with the County removes the section of trail beneath the City's bridge from the County's project. In exchange, the County proposes to provide the City with the funding to construct this section of the trail at the same time the City removes and replaces the Golden Avenue Bridge. Once that segment of the trail is complete bicyclists and pedestrians will be able to transit the trail beneath the bridge without having to cross Golden Avenue.
Staff recently awarded a professional services agreement to Epic Land Services after a competitive proposal process under the City Administrator's administrative approval authority to begin the easement quit claim and re -acquisition process pursuant to Federal requirements. Staff were also required to obtain Caltrans' approval of the proposed consulting team as the staff performing this work must be certified by Caltrans. This is specialized work that most real estate and right-of-way consultants are not authorized to perform. Staff estimates this process will take between 9-12 months to complete at which time the City Council will be presented with new easements to purchase along with the requisite easement agreements. Once this process has been completed the City can then proceed with the right-of-way certification and final authorization process with Caltrans, which is expected to take another 12 months to complete.
FISCAL IMPACT:
The County will provide the City with a onetime payment in the amount of $215,682 which is the engineer's estimate for the cost of the portion of the recreation trail that will be omitted from the County's project and added to the City's bridge replacement project.
Prepared by: Reviewed and approved:
(,uis f sip wvj
Luis Estevez Jennifer Lampman
Deputy City Administrator Director of Finance
Reviewed and approved:
Damien R. Arrula
City Administrator
Attachment:
Amendment No.1 to Cooperative Agreement with County of Orange
Agreement No. MA -080-20010224
AMENDMENT 1 TO COOPERATIVE AGREEMENT
This Amendment 1 to Cooperative Agreement No. MA -080-20010224 is made and entered into this day of 2023 by and between the COUNTY OF ORANGE ("County"), a political subdivision of the State of California, and the CITY OF PLACENTIA, a municipal corporation in the State of California, ("City"). The County and City shall sometimes be referred to separately as a "Party" and collectively known as "Parties".
RECITALS
A. The County is improving safe bikeway circulation county -wide via design and construction of the proposed OC Loop Class 1 bikeway.
B. The Orange County Flood Control District ("OCFCD") and the City have previously entered into Bikeways and Trails Agreement, MA -080-18010066, dated 26 September, 2017 ("Master Bikeway Agreement") , which addresses City bikeways, referenced as "Recreation Improvements", adjacent to segments of county flood control facilities. The "Premises" of this agreement apply to the County Carbon Canyon Channel (E03) south of Golden Avenue.
C. The ("Project") is that portion of the Segment D Class 1 bikeway and appurtenances, within the City limits, that will address bikeway discontinuity between the El Cajon Regional Riding and Hiking Trail (City of Yorba Linda) and the La Floresta Trail (City of Brea) by constructing a bikeway along the west side of Carbon Canyon Channel from Bastanchury Road to Imperial Highway and along the south side of Imperial Highway from Carbon Canyon Channel to La Floresta Drive. The Project includes OC Loop bikeway connective access with Golden Avenue and Street level RRFB controlled and pedestrian activated street crossing located along the existing flood control channel as depicted on the attached drawing. Project may or may not include bikeway lighting subject to County funding availability. The location of the Project lies along the east side of the Carbon Creek Flood Control Channel right-of-way between the Yorba Linda City Boundary and the Brea City boundary and includes access to Golden Avenue and a street crossing thereon. A true and correct copy of a map depicting the Project area is attached hereto and incorporated herein by this reference as Exhibit 1.
D. The US Army Corps of Engineers (USCOE) and the County Flood Control District (OCFLD) have easements for sections of the Carbon Creek Flood Control Channel right-of-way, north and south of Golden Avenue respectively, providing a connective path for the proposed Proj ect.
E. . The Parties intend the improvements constructed pursuant to the Master Bikeway Agreement, on OCFCD properties to become new City owned and maintained "Recreational Improvements" on the "Premises," as those terms are defined in the Master Bikeway Agreement.
The Parties intend the City will operate and maintain said Recreational Improvements in accordance with the Master Bikeway Agreement post -construction of the Project.
F. City plans to construct the Golden Avenue Bridge replacement project in 2025. This bridge spans over the Project.
Agreement No. MA -080-20010224
G. Pursuant to State and local guidelines, County prepared and distributed a Draft Mitigated Negative Declaration and Initial Study IP 16-343 for the Project and said IP 16-343 was subsequently certified by the County Board of Supervisors as final, complete and adequate to satisfy the statutory requirements of the California Environmental Quality Act of 1970 (CEQA), on August 8, 2017 as amended.
H. The City fully supports the Project and desire to cooperate with the County in implementing the Project.
I. The OC Loop Segment D bikeway, project Number ATPCML-5955(092), is federally funded, in part, and subject to a required Authorization to Proceed (E76) process and approval timeframe, in order to retain the Active Transportation Program construction grant, as administered by the California Department of Transportation ("Caltrans") and the Orange County Transportation Authority ("OCTA").
J. Federal funding requirements imposed on the City delayed the City's plans to construct the Golden Avenue Bridge replacement, which crosses the proposed bikeway, adversely impacting OC Loop Segment D project E76 approval.
K. In response to those delays, Caltrans and OCTA have agreed that the OC Loop Segment D bikeway project can be segmented such that the majority of the project is completed by County and the remainder, i.e. the bikeway beneath bridge and permanent ramp connections, adjacent to the bridge ("Final Segment of the Bikeway"), by City with their bridge construction work.
L. The Parties desire to amend the Agreement to address the changes created by the delays on the Golden Avenue Bridge Replacement construction.
NOW, THEREFORE, it is mutually understood and agreed by County and City that the AGREEMENT is amended as follows:
AMENDMENT 1
1. Paragraph 2.13 is deleted in its entirety and replaced by the following:
2.13. Golden Avenue Bridge Replacement/Bridge Street Crossing Work Coordination a. City agrees to coordinate their Golden Avenue bridge replacement project with County; including but not limited to, project scheduling, electrical utility service and conduit placement, bikeway soffit lighting under bridge, bikeway location, clearance and curb cuts, drainage, grading, AT&T utility, etc. b. County agrees to coordinate Golden Avenue Street level RRFB controlled street crossing improvement design and construction plan to satisfaction of City.
c. City agrees to be responsible for the construction of the Final Segment of the Bikeway as part of the City's Golden Avenue Bridge reconstruction project. d. City agrees to complete construction of Final Segment of the Bikeway as expediently as possible as part of the City's Golden Avenue Bridge
Agreement No. MA -080-20010224
reconstruction project. The construction of the Final Segment of Bikeway shall be in accordance with County approved Plans and Specifications provided to the City. e. County agrees to provide Final Segment of the Bikeway Plans, Specifications and Estimates ("PS&E") to the City. Upon acceptance of PS&E, City shall be responsible for any changes to the PS&E with concurrence from County. City shall accept PS&E within 30 days of receipt from County or provide comments to the County within that period. The City shall integrate the PS&E with their Golden Avenue Bridge replacement bid package.
f. County agrees to make a onetime payment to the City, in an amount of $215,682 for City to complete construction of the Final Segment of the Bikeway. g. County agrees to pay City within 90 calendars days after acceptance of PS&E, but no sooner than 90 days after amendment execution. No future payment(s) will be made for the City to construct the Final Segment of the Bikeway. h. City shall be fully responsible for implementing the Final Segment of the Bikeway including but not limited to: obtaining construction support services from the Engineer of Record to process construction request for information (RFIs) and submittals, make PS&E modifications, develop record drawings to be furnished to the County, cost escalations related to material or labor, change order processing and payment, accepting and maintaining the improvements, etc. i. In the event the City does not complete the construction of the final segment by December 30, 2027, the City must return the unused funds to the County.
2. Except as amended by this AMENDMENT 1, the AGREEMENT remains in full force and effect as originally therein set forth.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, CITY have caused this AGREEMENT to be executed by its respective mayor and attested by its respective Clerk, and COUNTY has caused this AGREEMENT to be executed by the Chairman of the Board of Supervisors and attested by its Clerk on the dates written opposite their signatures, all thereunto duly authorized by the City Council and the Board of Supervisors, respectively.
Agreement No. MA -080-20010224
CITY OF PLACENTIA,
a municipal corporation
Date: By:
Damien R. Arrula, City Administrator
ATTEST:
APPROVED AS TO FORM:
By:
Robert S. McKinnell, City Clerk Christian L. Bettenhausen, City Attorney
Agreement No. MA -080-20010224
COUNTY OF ORANGE,
a political subdivision of the State of
California
Date: By:
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD PER
GC 25103, RESO 79-1535
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By: By:
Robin Stieler Deputy
Clerk of the Board of Supervisors of
Orange County, California
Agreement No. MA -080-20010224
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TO:
VIA:
FROM:
DATE:
SUBJECT:
FISCAL
IMPACT:
SUMMARY:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR/ PUBLIC SERVICES & INFRASTRUCTURE JUNE 20, 2023
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH NV5 INC., FOR ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION
SERVICES
EXPENSE: $ 143,270 AMENDMENT AMOUNT
AVAILABLE: $ 228,000 FISCAL YEAR 2022-23 CIP BUDGET
BUDGET $ 110,000 SEWER IMPACT FEES (713101-6750)
$ 118,000 CITYWIDE SEWER IMPACT FEE (643101-6750)
In May 2021, the City Council awarded a Professional Services Agreement to NV5 Inc.("NV5") for on -call construction management ("CM") and construction inspection services. The agreement is for a three (3) year term for a not -to -exceed amount of $250,000, with the option to extend the term of the agreement for one (1) additional two-year term.
Staff utilized NV5 to provide construction management and inspection services on two projects, namely the TOD/Crowther Sewer Line Replacement and Old City HaII Office Renovation projects.
On February 15, 2022, the City Council approved Amendment No. 1 to the agreement with NV5 increasing the contract amount by $50,000 to provide inspection services for the Old City Hall Office Renovation Project for a revised cumulative not -to -exceed contract amount of $300,000.
Subsequently, Addendum No. 2 in the amount of $170,240 was awarded to NV5 by City Council to extend construction management services, as both projects continued to experience multiple unforeseen conditions and delays. Addendum No.2 in the amount of $170,240 increased the contract amount to $470,240 in support of both TOD Crowther Sewer and Old City Hall office remodeling projects. The costs for these services are charged against each respective budget.
The Old City Hall Office Renovation Project is complete and construction management and inspection services for this project are no longer needed. However, extended construction inspection services for the Crowther Sewer Project are still needed due to many unforeseen conditions and circumstances experienced throughout the duration of the project which have delayed completion of this project and resulted in higher than anticipated CM and inspection costs.
The projected completion date for the TOD/Crowther Sewer Line Replacement Project is now early August 2023 and as a result, additional funding is needed to cover construction management inspection costs previously incurred and to carry the project to completion and all related activities needed to close out the project.
1.o.
June 20, 2023
City Council Agenda
June 20, 2023
Staff is presenting Amendment No. 3 for City Council's consideration to increase the cumulative contract not -to -exceed amount by $143,270 for a revised cumulative contract not -to -exceed amount of $613,510. Funds to cover the added inspection costs are included in the respective CIP project budget funded by ARPA and TOD Sewer Development Impact Fees.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve Amendment No. 3 to the Professional Services Agreement with NV5 Inc., for an additional $143,270 to provide additional professional services to complete the TOD/Crowther Sewer Line Replacement Project for a cumulative contract not -to -exceed amount of $613,510; and
2. Adopt Resolution No. R-2023-51, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2022-23 in compliance with City Charter of the City of Placentia §§1206 and §§1209 pertaining to appropriations for actual expenditures; and
3. Authorize the City Administrator and/or his designee to execute the necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT
There is no specific City Council adopted 5 -Year Strategic Goal or Objective related to this agenda item.
DISCUSSION:
On February 4, 2021, Staff solicited proposals from qualified firms to create a bench list of professional consultants to provide on -call construction management and inspection services for the City's Capital Improvement Program (CIP). Staff selected the top four (4) ranked firms and the City Council awarded the firms professional services agreements for 3 -year terms with an option for a two-year term extension based on performance and at the discretion of the City. Each consultant serves on an on -call basis and with a contract not -to -exceed amount of $250,000, the cost of which is charged to individual project budgets. The purpose of having multiple firms on a bench list is to ensure efficient delivery of multiple capital improvement projects many of which may run concurrently.
NV5 was the top-ranking firm on the list and based on their qualifications, they were selected by the staff to provide CM and inspection services on the TOD/Crowther Sewer Line Replacement Project. Under the same contract and by the addition of Addendum No. 1 in the amount of $50,000, NV5 was tasked by staff to provide construction management and inspection services for the Old City Hall Office Renovation as well. Addendum No. 1, to pay for construction management services on the Old City Hall project, was approved by the City Council on February 15, 2022, and that project has since been completed. However, NV5 continues to provide CM and inspection services for the TOD Crowther Sewer project and due to many unforeseen conditions encountered during construction extended inspection services are required
City Council Agenda
June 20, 2023
to complete the project, which is now projected to be in August for major construction activities to be followed by completion of all punch -list work. The services provided by NV5 on this Project include a part-time assistant construction manager and a full-time inspector. Some of the major delays that have caused extended delays include conflicts with City of Fullerton contractors working within the same work area, underground conflicts, and elevation issues regarding the connection of the new sewer pipeline into the Orange County Sanitation District's trunkline in addition to conflicts with many unknown utilities found along the alignment of the new sewer line.
As such, the completion of the project has been delayed thus keeping the construction management and inspection team on the job longer than was originally anticipated. Extended inspection and administrative support are needed to complete the remainder of the project through August 2023, including major construction activities, punch -list work and post close-out inspection and administrative services.
Additional funding in the amount of $143,270 will be needed to cover construction support services already provided as well as additional support needed to complete the project which is now projected to be early August 2023. Staff seeks approval by the City Council to increase the NV5 contract by $143,270 to a not -to -exceed amount of $613,510. A budget amendment allocating additional TOD Sewer Development Impact Fees towards the cost of this project is also presented to the City Council for its consideration to provide the additional project funding needed to cover the cost of these services. Existing funds exist within the respective project budget to cover the added costs.
FISCAL IMPACT:
The recommended action will approve Amendment No. 3 to the Professional Services Agreement with NV5, Inc., for an additional not -to -exceed amount of $143,270 for a cumulative not -to -exceed amount of $613,510. Resolution No. R-2023-51 (Attachment 2) is recommended for approval to appropriate additional TOD Sewer Development Impact Fee and Citywide Sewer Impact Fee Funds towards the cost of the project. As such, sufficient funds exist for the recommended actions.
Prepared by: Reviewed and approved:
(PAS fSftAikA.15 2
Masoud Sepahi
City Engineer
Jennifer Lampman
Director of Finance
Reviewed and approved: Reviewed and approved:
LL s f si-uAt')
Luis Estevez Damien R. Arrula
Deputy City Administrator City Administrator
Attachments:
1. Amendment No. 3 to the Professional Services Agreement with NV5 Inc.
2. CIP Budget Resolution R-2023-51
AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
PROVISION OF ACCESSIBILITY DESIGN SERVICES SERVICES WITH NV5, INC.
This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the 7d, day of February, 2023, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and NV5, Inc a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective May 18th, 2021 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to increase compensation by an additional $77,540 for additional construction management and inspection services on two project, namely TOD Crowther Sanitary Sewer Pipeline and the Old City Hall Office Renovation Projects. (iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2.0, Paragraph 1 of the Agreement is hereby amended to read as follows:
2.0 Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Four Hundred Seventy Thousand and Two Hundered Forty Dollars ($613,510.00)
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment No. 3 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 2 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 3 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 3 to the Consulting Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: By:
Jeffrey M. Cooper, PE Damien R. Arrula
Sr. Vice President City Administrator
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
N
May 23, 2023
City of Placentia
Attn: Masoud Sepahi, PE, LEED GA, City Engineer
401 E. Chapman Ave.
Placentia, CA 92870
SUBJECT: Crowther Sanitary Sewer Pipeline Replacement Project— Construction Support Services Dear Mr. Sepahi,
V
Thank you for speaking with me yesterday regarding NV5's continued support of the ongoing Crowther Sanitary Sewer Pipeline Replacement Project (project). As you know, NV5, Inc. (NV5) proposed on July 21, 2021 to provide Construction Management and Inspection Services to the City of Placentia (City) for its Crowther Sanitary Sewer Pipeline Replacement Project (project). At that time, it was expected that the project would commence right away with the City's awarded Construction Contractor, Kana Construction (Kana). Since that time, there was an initial delay and the City has provided Kana a time extension for a total of 208 working days that brings the project completion to March 31, 2022, along with NV5's timeline for construction support services.
Meanwhile, we understand that the City is having a change of leadership and that you will be joining Interwest Consulting Group and taking over the duties of Construction Manager for this project.
However, the City requires the continued Construction Support Services of India Woodruff as Assistant Construction Manager, Haykaz Aghajanian as Construction Inspector, and NV5's geotechnical and soils testing laboratory services. Therefore, NV5 requires an extension in our contract with the City in order to continue providing these services. Please consider the following:
Kana has their latest construction schedule dated 4/21/23 showing a start date of 6/13/22 and a finish date of 7/28/22 for a total duration of 295 working days. These additional days are beyond NV5's scope of work. Additionally, Kana's latest schedule dated 4/21/23 shows controlling activity Item 103, Connect Existing Sewer @ MH #9137, to finish by 5/4/23. However, Kana completed this on 5/12/23. This places the project an additional eight (8) calendar days behind. Item 102, Reconnect Sewer Laterals on Orangethorp, was estimated to be completed on 5/11/23, and as of 5/15/23, this activity has not been started by Kana and is not expected to be started for the next several weeks. For every three (3) weeks worked, it appears that Kana falls behind an additional week and is unable to remain on schedule. This is a ratio of approximately 27% in time. Therefore, NV5 can estimate at Kana's current rate, per the latest 4/21/23 construction schedule, the completion date would be extended from the stated completion date of 7/28/23 by 27% to approximately 8/24/23. This additional time is beyond NV5's current scope of work and NV5 needs additional fee for on -site Construction Inspection and Assistant Construction Management coverage to accommodate this additional out of scope effort.
Kana appears to be in trouble, partly due to the above, leaving funds on the table at bid time, and partly due to the exceedingly slow production rate, and Kana is developing extensive Change Order Requests, with a to -date number totaling 100, which NV5 is thoroughly reviewing with the City. While many change orders are legitimate for items that are truly unforeseen such as unknown utilities not originally shown on the Contract Drawings, many of these contractor driven Change Order Requests are outrageous and extravagant and beyond any amount which would ordinarily be anticipated with Construction of this nature, likely due to Kana being behind schedule, coupled with leaving money on 5 163 Technology Drive, Suite 100 I Irvine, CA 92618 I www.NV5.com I Office 949.585.0477
the table at bid time. Therefore, the City is relying heavily on NV5 to analyze and recommend to the City if these change orders are legitimate, and, if not, then what are the required specification, plans, or GreenBook sections upon which a defendable basis of denial can be placed. Furthermore, Kana has requested bi-monthly change order meetings with the City which NV5 is managing. This level of effort for change orders is beyond our original scope. NV5 has included this additional out of scope effort for change orders in our new request for additional fees with the support of our Assistant Construction Manager.
Finally, Kana has stated that they had left a significant amount of funds on the table at bid time, including the pricing to fuse the pipeline, as well as anticipated efforts for dealing with the as -bid loose sandy soils in the ground known at bid time through the Geotechnical Report. Therefore, the City has requested from NV5 additional materials testing to not only provide continued compaction verification, but to also provide verification that the existing on -site soils match the as -bid conditions.
Therefore, NV5 has included this additional out of scope effort for continued geotechnical testing in our new fee request.
Our new fee request considers the above and adds funding into our original scope of work as follows:
TASK
NO.
WORK DESCRIPTION (May 15,
2023 through Approximately
August 24, 2023)
PRINCIPAL -IN-
CHARGE
ASSISTANT
CONSTRUCTION
MANAGER
INSPECTOR, PW
AOMINISTRATI
ON
ODCs'
MATERIAL
S TESTING
TOTAL
FEE
HOUR
$ 225
HOUR
$ 190
HOUR
$ 155
HOUR
$ 90
1.0 CONSTRUCTION MANAGEMENT ASSISTANCE
Additional Change Order Review 8 Meetings
50 $9,500
$9,500
Weekly Construction Meetings (75 WD )
40 $7,600
$7,600
Part Time CM Duties (75 WD @ 6 hr/wk)
6 $1,350
90 $17,100
$200
$18,650
Task 1 Subtotal
6 $1,350
180
$34,200
0 $0
0 $0
$200
$0
$35.750
2.0 CONSTRUCTION INSPECTION
Construction Inspection (Additional 75 WD FT PW)
600
$93,000
20 $1,800
$1,000
$95,800
Task 2 Subtotal
0 $O
0 $0
600
$93,000
20 $1,800
$1,000
$0
$95.800
3.0 MATERIALS TESTING
Continued Materials Testing
$15,000
S15,000
Task 3 Subtotal
0 $0
0 $0
0 $0
0 $0
$0
$15.000
$15,000
$ 2,700
$ 1.350
180
f.
New Contract Fee l project of $65730)
': 8
$ 4,050
646
$11 ;,:
Due to these various extended circumstances outside of our current scope of work that the City has provided its independent Construction Contractor (Kana), NV5 has exhausted our current Construction Management and Inspection services budget which includes construction management, full time on -site daily construction inspection, and soils compaction testing. Moving forward, we understand that the City, through your new services with Interwest Consulting Group, will be taking over the services of Construction Manager. Therefore, the services of Construction Manager are removed from our Scope of Services. In accordance with our conversations for the services of Assistant Construction Manager, Construction Inspector, and geotechnical materials testing, NV5 is requesting $146,550 in additional funding, as noted in the above fee table, in order to continue our services with the City.
V5
Our total additional scope of work fee, including the various elements above, is $146,550 for the Crowther project only. This additional fee of $146,550 plus the original fee and past amendments totaling $401,230 for Crowther and $65,730 for the Old City Hall project, brings the new total contract total to $613,510. NV5 looks forward to the opportunity to work with the City and help you achieve your goals and objectives. If you need further information, we may be reached by phone at (949) 585-0477, or electronically [email protected] and [email protected]. Thank you for your time and consideration.
Sincerely,
NV
Je rey M. Cooper, PE
S nior Vice President
Luanne Bean, PE
Director of Water/
Wastewater Operations
NIV5
RESOLUTION NO. R-2023-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2022-23 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2022-23 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2022-23, Resolution No. R-2023-43, is hereby amended to reflect the following expenditure of funds from the Account specified to the Account specified:
Fund
Description
Department
GL Account
Amount
Type
TOD Sewer
Impact Fee
Fund
Fund Balance
TOD Sewer Impact
Fee Fund
0071-3001
$110,000
Decrease
TOD Sewer
Impact Fee
Fund
TOD Crowther
Sewer Project
Public Works
713101-6750
$110,000
Increase
Citywide
Sewer Impact
Fee Fund
Fund
Fund Balance
Citywide Sewer
Impact Fee Fund
0064-3001
$118,000
Decrease
Resolution R-2023-51
Citywide
TOD Crowther
Public Works
643101-6750
$118,000
Increase
Sewer Impact
Fee Fund
Sewer Project
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
PASSED, ADOPTED AND APPROVED THIS 20th DAY OF JUNE 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 20th day of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-51
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
JUNE 20, 2023
PROFESSIONAL SERVICES AGREEMENT WITH LSA ASSOCIATES, INC., FOR
PREPARATION OF SUPPLEMENTAL CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) DOCUMENTATION REGARDING EXPANSION OF THE
CITY'S TRANSIT ORIENTED DEVELOPMENT (TOD) PACKINGHOUSE
DISTRICT
FISCAL
IMPACT: EXPENSE: $ 117,180 PROFESSIONAL SERVICES AGREEMENT BUDGET: $ 231,000 FY 2023-24 OPERATING BUDGET (742531-6099) SUMMARY:
On March 15, 2022, the City Council approved the "Sixth Cycle" 2021-2029 Housing Element.
The adopted Housing Element includes strategies to accommodate the Regional Housing Needs Assessment (RHNA) shortfall of approximately 1,137 potential housing units. One of the City Council adopted strategies was expansion of the City's Transit Oriented Development (TOD) Packinghouse District. The Southern California Association of Governments (SCAG) has offered the Planning Services of Interwest Planning Consultants, funded via SCAG Regional Early Action Planning (REAP) funding to complete the contemplated TOD Zone expansion. However, California Environmental Quality Act (CEQA) documentation is not covered under REAP, and such documentation is necessary to accommodate the corresponding General Plan Amendment and Zone Change. SCAG has designated LSA Associates, Inc. as an approved consulting firm to provide CEQA documentation for REAP funded projects. Therefore, Staff seeks approval of a Professional Services Agreement with LSA Associates, Inc., for preparation of supplemental CEQA documentation regarding expansion of the City's TOD District.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve a Professional Services Agreement with LSA Associates, Inc., for preparation of supplemental CEQA documentation regarding expansion of the City's Transit Oriented Development (TOD) Packinghouse District; and
2. Authorize the City Administrator to approve contract change orders up to 10% of the contract not -to -exceed amount, or $11,718; and
1.p.
June 20, 2023
City Council Agenda
June 20, 2023
3. Adopt Resolution No. R-2023-52, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2023-24 in compliance with City Charter of the City of Placentia §§1206 and §§1209 pertaining to appropriations for actual expenditures; and
4. Authorize the City Administrator and/or his designee to execute the necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
This Council action is generally related to Goal 3 to promote Community and Economic Development. This action is consistent with and furthers Objective 3.10: Implementation of Housing Element Strategies in that expansion of the City's TOD District is one of the specific objectives of the adopted "Sixth Cycle" 2021-2029 Housing Element.
BACKGROUND:
On March 15, 2022, the City Council approved the "Sixth Cycle" 2021-2029 Housing Element.
The adopted Housing Element includes strategies to accommodate the Regional Housing Needs Assessment (RHNA) shortfall of approximately 1,137 potential housing units. Although the total RHNA allocated to the City of Placentia is 4,398 units for the Sixth Cycle, the projected shortfall of units that cannot be accommodated under current Zoning/Land Use designations is 1,137 units.
The adopted Sixth Cycle Housing Element includes the following rezoning strategies:
Strategy
Description
1. TOD Zone
Expansion
The TOD zoning district currently allows up to 95 units/acre in some subareas.
This strategy would expand the boundaries of the TOD district.
2. Increase R-3
density
The current R-3 maximum density is 25 units/acre. Under State law, a density of 30 units/acre is considered sufficient to accommodate lower -income housing. Increasing the allowable density from 25 to at least 30 units/acre would accomplish 2 things: 1) create additional housing capacity; and 2) allow R3 properties to accommodate lower -income housing for RHNA purposes.
In addition to identifying areas where additional housing could be accommodated through rezoning, State law requires the rezoning of those properties before State certification of the Element can be achieved. The increase of R-3 density from 25 to 30 units/acre was prepared by Staff and adopted by City Council via a Zoning Code Amendment and General Plan Amendment in November 2022. Therefore, one of two RHNA shortfall strategies has been accomplished by Staff. The next step to achieving State certification of the Sixth Cycle Housing Element is to complete the City Council adopted strategy to expand the TOD Zone and corresponding General Plan Land Use designation.
City Council Agenda
June 20, 2023
DISCUSSION:
The City has been awarded REAP funding from SCAG to complete the contemplated TOD Zone expansion and corresponding General Plan Amendment. The REAP funding will be utilized by SCAG to hire the Planning Services of Interwest Planning Consultants on behalf of the City of Placentia. However, CEQA documentation is not covered under REAP, and such documentation is necessary to accommodate the corresponding General Plan Amendment and Zone Change.
SCAG has designated LSA Associates, Inc. as an approved consulting firm to provide CEQA documentation for REAP funded projects. Therefore, the recommended actions would approve a Professional Services Agreement with LSA Associates, Inc., in the amount of $117,180 for preparation of supplemental CEQA documentation regarding expansion of the City's TOD District.
It should be noted that the resulting CEQA documentation and related studies/findings will also be utilized to craft updated TOD Development Impact Fees to address impacts associated with more development in the project area. It is possible future development could also benefit from the updated CEQA documentation, as it may be possible to rely on that documentation in some form for project level approvals.
FISCAL IMPACT:
The proposed contract not -to -exceed amount for the Professional Services Agreement with LSA Associates, Inc., totals $117,180 for preparation of supplemental CEQA documentation regarding expansion of the City's TOD District. Resolution No. R-2023-52 (Attachment 2) is recommended for approval to appropriate General Plan Update Fee funds for these services. As such, sufficient funds exist for the recommended actions.
Prepared by: Reviewed and approved:
as ph M. Lambert Jennifer Lampman
Director of Development Services Director of Finance
Reviewed and approved:
1.01 aittier
Da en R. Arrula
City Administrator
Attachments:
1. Professional Services Agreement with LSA Associates, Inc.
2. Budget Amendment Resolution No. 2023-52
PSA - Long Form Template
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH LSA Associates, Inc.
THIS AGREEMENT is made and entered into this 20th day of June, 2023 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and LSA Associates, Inc. ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to _provide California Environmental Quality Act (CEQA) documentation to complete Transit Oriented Development (TOD) Zone and corresponding Land Use expansion as more fully described herein; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Acreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independantly applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
2 LSA Associates, Inc.
Rev. 08/2017
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed one hundred seventeen thousand and one hundred eighty Dollars ($117,180.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The Director of Development Services is authorized to approve a Change Order for such additional services.
2.3. Method of Billinc. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of 3 LSA Associates, Inc.
Rev. 08/2017
performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 12 months, ending on June 20, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4 LSA Associates, Inc.
Rev. 08/2017
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the spedified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by 5 LSA Associates, Inc.
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Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured 6 LSA Associates, Inc.
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retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage 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 Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
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Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT:
LSA Associates, Inc.
20 Executive Park, Suite 200
Irvine, CA 92614
Tel: (949) 553-0666
Attn: Ryan Bensley, Principal
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: (714) 993-8124
Attn: Joseph Lambert, Director of
Development Services
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
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6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or 9 LSA Associates, Inc.
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subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, 10 LSA Associates, Inc.
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associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
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6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Date:
[Mayor or City Administrator]
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
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CONSULTANT
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Date:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Date:
Rosanna Ramirez, Risk Management
APPROVED AS TO CONTENT:
Date:
Project Manager
DEPARTMENTAL APPROVAL
Date:
Name, Title
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EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
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EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
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LSA
April 6, 2023
Joseph Lambert
Director of Development Services
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Subject: Revised Proposal to Prepare a Supplement to the Packing House District Transit - Oriented Development Project Mitigated Negative Declaration (MND) in the City of Placentia, County of Orange, California
Dear Mr. Lambert:
CARLSBAD
CLOVIS
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
Thank you for your recent input on LSA's proposal to prepare technical studies and a Supplement to the Initial Study/Mitigated Negative Declaration (Supplemental IS/MND) for the Packing House District Transit -Oriented Development Project for the City of Placentia (City). LSA understands that the proposed project, which will expand the City's Transit -Oriented Development (TOD) zoning district, is being undertaken by the City as one of the many efforts to implement the City's 2021- 2029 Housing Element, which was adopted in March 2022. LSA is submitting this revised proposal to address comments from City staff.
PROJECT UNDERSTANDING AND APPROACH
In 2017, the City of Placentia prepared and adopted an IS/MND (2017 IS/MND; State Clearinghouse No. 2017021012) that analyzed the environmental effects of creating a TOD zone classification and land use designation within the City's Packing House District. The objective of establishing this TOD zoning district was to facilitate high -density TOD projects in the immediate vicinity of the City's proposed Metrolink station site, thereby encouraging use of the Metrolink system and redevelopment of the area surrounding the proposed station. The adopted 2017 IS/MND analyzed the creation of the TOD zoning district and land use designation within an approximate 28.2 -acre area in the southwestern portion of the City. This area is referred to as the Original TOD Area throughout this proposal.
In 2021, an Addendum to the 2017 IS/MND (2021 Addendum) was prepared to address the potential environmental impacts associated with the development of a five -story building with approximately 167,260 square feet of floor space over a single subterranean parking level at a
2.13 -acre site located at 207-209 West Crowther Avenue, located within the Original TOD Area.
The five -story building included 189 apartments and resident -serving amenity uses, commercial space, and parking facilities. Together, the 2017 IS/MND and the 2021 Addendum serve as the City's CEQA compliance documents for the TOD zoning district. 20 Executive Park, Suite 200, Irvine, California 92614 949.553.0666 www.lsa.net LSA is a business name of LSA Associates, Inc.
REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROTECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
LSA has been informed that the City now proposes to expand the City's existing TOD zoning district and land use designation to include several properties adjacent to the Original TOD Area that were identified in the City's recently adopted Housing Element as potential housing sites (proposed project). These areas (the TOD Expansion Area) consist of approximately 11.5 acres located south of West Crowther Avenue and west of South Melrose Street and approximately 3 acres along Cameron Street south of West Crowther Avenue. The TOD Expansion Area is currently zoned for Manufacturing uses and designated for Industrial uses in the City's General Plan. The proposed project is intended to facilitate the development of up to 1,100 new residential units within the TOD Expansion Area by rezoning the land to allow residential uses at densities of up to 95 units per acre.
The proposed project also includes the adoption of a streetscape plan within the Crowther Avenue right-of-way between Placentia Avenue and State Route (SR) 57, which will serve as a gateway into the TOD Expansion Area.
Based on its understanding of the proposed project, a review of the 2017 IS/MND and 2021 Addendum, and discussions with City staff, the preparation of a Supplemental IS/MND appears appropriate. Although the proposed project is clearly related to the TOD zoning program evaluated in the 2017 IS/MND, the 2017 IS/MND did not evaluate the potential impacts of redevelopment within the TOD Expansion Area. Therefore, new analysis must be added to the document to evaluate any potentially new impacts. The preparation of a Supplemental IS/MND also provides an opportunity to incorporate new mitigation measures to address those impacts. The advantage of a preparing a Supplemental IS/MND in this situation is that the City is able to rely on much of the analysis provided in the 2017 IS/MND as many of the proposed project's impacts will be similar to what has already been analyzed.
The adopted 2017 IS/MND and 2021 Addendum, in conjunction with this proposed Supplemental IS/MND, would serve as the environmental review for the proposed project, as required by the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] Sections 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations [CCR], Title 14, Chapter 3, Sections 15070-15075). This Supplemental IS/MND will address the potential environmental impacts associated with the proposed project as compared to those identified in the 2017 IS/MND and 2021 Addendum. The mitigation measures included in these previous CEQA documents will be included for reference in the Supplemental IS/MND. Where necessary, the Supplemental IS/MND will include additional mitigation measures to address any new impacts resulting from the proposed project.
The following proposed work program describes the tasks needed to provide the technical studies and Supplemental IS/MND that will evaluate the potential environmental impacts associated with the proposed expansion of the City's TOD zoning district (proposed project). 4/6/23 (Z:\01-Proposals\O1-Proposals by Year\2023\03 - Irvine\ 20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
2 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
SCOPE OF WORK
Task 1.0: Project Initiation and Project Description
LSA will participate in a kick-off meeting with the project team to review the project schedule, the City's goals for the project, LSA's data needs, and the information required to prepare the Project Description and develop a mutual understanding of the scope and approach to be used in completing the work tasks outlined herein. The budget associated with this kickoff meeting is included in Task 4.0, below (refer to Attachment A for the fees associated with this task).
The Supplemental IS/MND will include a detailed Project Description based on information provided by the City. The Project Description will highlight any changes from the project descriptions included in the 2017 IS/MND and the 2021 Addendum. LSA will use the Project Description to determine the potential environmental effects of implementation of the proposed project and to identify appropriate mitigation measures, if necessary. The Project Description is the core element of the Supplemental IS/MND. Any change to the Project Description after the Supplemental IS/MND is initiated may result in a change to the scope, budget, and schedule. LSA will assemble all pertinent data provided by the City for preparation of the Supplemental IS/MND.
LSA will submit the Project Description for review and approval by the City. For the purposes of this scope and budget, LSA will respond to one round of comments from the City and will update the Project Description as necessary. This scope and budget assumes one set of non -conflicting, consolidated comments from the City.
Task 2.0: Technical Studies
LSA will develop the following technical studies to reflect the changes to the TOD Zoning District since the adopted 2017 MND and 2021 Addendum. Preparation of the Supplemental IS/MND will require preparation of technical analyses with respect to traffic, noise, air quality/greenhouse gases (GHG), and paleontological resources analyses. Preparation of these technical analysis will assist in the environmental analysis. For the purpose of this scope, it is assumed that each of the technical analyses described below will undergo two rounds of review by the City. All deliverables will be provided as Portable Document Format (PDF) files.
It should be noted that Tribal consultation will be required for the proposed project, pursuant to Senate Bill (SB) 18 and Assembly Bill (AB) 52. As a cost -saving measure, this proposal assumes that City staff will be responsible for managing all tribal consultation activities and will provide LSA with a summary of the consultation process for incorporation into the Supplemental IS/MND.
Task 2.1: Transportation Analysis
LSA will prepare a transportation analysis, as required by CEQA and the City of Placentia's guidelines, associated with the proposed expansion of the City's TOD zoning district. The transportation analysis will include the following components: (1) a trip generation comparison between existing land uses and those changed as a result of the rezoning, and (2) a project screening analysis of Vehicle Miles Traveled (VMT).
4/6/23 (Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\ 20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
3 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
Trip Generation Comparison. A trip generation analysis will be conducted based on a comparison of the existing land uses in the TOD Expansion Area against the proposed land uses allowed under the rezoning. LSA will request existing land uses and building square footages from the City for each of the properties within the TOD Expansion Area. The City will be responsible for providing the maximum development potential for each of the properties within the TOD Expansion Area under the proposed rezoning. LSA will use this information to generate existing and potential daily and peak -hour trips for the TOD Expansion Area. The trip rates will be referenced from the Institute of Transportation Engineers' (ITE) Trip Generation Manual (11th Edition). The results will provide the net change in trip generation for the project.
Vehicle Miles Traveled (VMT) Assessment. The City of Placentia Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment (January 2021) outlines the different types of project screening that may be appropriate for a project to be considered less than significant for CEQA transportation impacts. Of particular relevance to this analysis is the fact that the TOD Expansion Area will be within 0.50 mile of a major transit stop (i.e., the proposed Placentia Metrolink Station). As stated in the City's guidelines, the project may be presumed to have a less than significant impact as the TOD Expansion Area is within a transit priority area. However, this presumption may not be appropriate if the proposed rezoning action:
1. Has a Floor Area Ratio (FAR) of less than 0.75;
2. Includes more parking for use by residents, customers, or employees of the project than required by the City;
3. Is inconsistent with the applicable Sustainable Communities Strategy; or
4. Replaces affordable residential units with a smaller number of moderate or high -income residential units.
LSA will work with the City to confirm the project meets the screening criteria and will prepare an assessment of the project screening tools as they relate to the proposed project. LSA will also request the North Orange County Cities+ (NOCC+)1 tool from the City to assist in the screening analysis.
LSA will prepare a trip generation/VMT screening analysis summarizing the Project Description, change in trip generation, VMT screening methodology, results, and other relevant information for submittal to City staff. It is anticipated that this task will require coordination with City staff. As such, representatives of LSA's Transportation Department will attend up to three meetings and/or conference calls related to preparation of and/or revisions to the transportation analysis. 1 NOCC+ is the VMT tool developed for North Orange County Cities to help assess whether a project has a VMT impact or not. This information will be requested from the City in order to assist with clearly determining whether to screen VMT out or not for the proposed project.
4/6/23 (Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine \ 20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
4 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT P ROI ECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
Optional Task 2.1.A: Trip Distribution/Select Zone Assignment. If requested by City staff, LSA will utilize the latest Orange County Transportation Analysis Model (OCTAM) to develop distribution patterns for study area intersections within proximity of the TOD Expansion Area. Specifically, a select zone assignment in the General Plan Buildout condition (2045) will be run for the proposed TOD Expansion Area land use to identify the percentage of project traffic traveling through each intersection. LSA will reference the net trip generation prepared as part of Task 2.1 to identify the specific turn movement volume at each location. This data will assist in the need for further operational analyses (i.e., Level of Service) to be determined by City staff.
Optional Task 2.1.B: Level of Service (LOS) Analysis. A traffic impact study was prepared for the Proposed Packing House Area Redevelopment in August 2016 (Albert Grover & Associates). The study analyzed existing (2016), opening year (2018), and Buildout (2035) conditions in the Original TOD Area with and without the TOD rezoning. The study evaluated 15 intersections using both the Intersection Capacity Utilization (ICU) and Highway Capacity Manual (HCM) methods. As a result of the LOS analysis, five intersections were identified to exceed the LOS standards of the City in the Buildout condition. Mitigation measures (recommended improvements) and fair share costs were identified at these locations and incorporated into the 2017 IS/MND.
If requested by City staff, LSA will collect existing count data and utilize the latest OCTAM analysis to develop future (General Plan Buildout) baseline traffic volumes at the 15 study area intersections to confirm whether the proposed land uses and densities allowed within the TOD Expansion Area under the proposed project would change the conclusions and recommendations of the 2016 study.
Peak hour intersection counts will be collected at the 15 study area intersections. General Plan buildout year (2045) traffic volumes will be based on traffic volumes from OCTAM. To correlate model forecasts with existing ground counts, traffic volumes will be post -processed, which reduces errors from the modeling process.
The net trip generation resulting from the land uses proposed within the TOD Expansion Area will be added to the background General Plan buildout traffic volumes to obtain Buildout plus project conditions. Trip distribution for the proposed residential uses will be based on the results of Task
2.1.A. The LOS for study area intersections will be calculated using the City's methodologies. The result of this analysis will identify whether any of the study area intersections are forecast to operate with any deficiencies based on the City's LOS standards or if improvements are necessary in order to meet the General Plan standards. Any potential improvements will be compared to those recommended in 2016 and identified in the 2017 IS/MND.
LSA will summarize the methodology, results, and recommendations of this task in a technical study that will be submitted to City staff.
Task 2.2: Air Quality/Energy/Greenhouse Gas Emissions
Air Quality. LSA will prepare an air quality analysis for the proposed project to comply with current regulatory requirements. The air quality analysis for the project will include the following components: (1) assessment of baseline air quality in the area based on data from the South Coast Air Quality Management District (SCAQMD) and California Air Resources Board (CARB); (2) 4/6/23 (Z:\01-Proposals\Dl-Proposals by Year\2023\03 - Irvine \20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
5 REVISED P ROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2D23
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
quantitative assessment of project construction and operational impacts using the California Emissions Estimator Model (CalEEMod), where possible construction details (such as duration of construction period and equipment used) will be provided, otherwise default model assumptions will be utilized; (3) a localized significance threshold (LST) analysis to evaluate the potential impacts on nearby sensitive receptors from emissions from both short-term construction activities and long- term on -site operations; and (4) an assessment of potential odor impacts. The analysis will be incorporated into the Initial Study checklist and the CalEEMod output will be attached in a technical appendix. LSA will compare the findings of the analysis with the impacts previously identified in the 2017 IS/MND and 2021 Addendum to determine if the proposed project would result in any new or potentially more severe air quality impacts.
Energy. LSA will evaluate the project's impacts related to energy use in response to the Initial Study checklist questions. This discussion will address the project's compliance with applicable energy efficiency standards and will cross reference the discussion provided in the greenhouse gas emissions discussion as necessary. Energy data estimated using the CalEEMod model will be reported.
Greenhouse Gas Emissions. LSA will prepare a greenhouse gas analysis for the proposed project to comply with current regulatory requirements. LSA will provide a quantitative assessment of greenhouse gas emissions associated with all relevant sources related to the project for which project data are available, including construction activities, using CalEEMod and based on the SCAQMD's interim numeric thresholds of significance. LSA will also provide a qualitative assessment of the project's consistency with relevant plans and regulations, adopted for the purpose of reducing greenhouse gas emissions. The analysis will be incorporated into the Initial Study checklist and the CalEEMod output will be attached in a technical appendix. LSA will compare the findings of the analysis with the impacts previously identified in the 2017 IS/MND and 2021 Addendum to determine if the proposed project would result in any new or potentially more severe greenhouse gas impacts.
Task 2.3: Paleontological Resources
Due to the length of time since the 2017 IS/MND and 2021 Addendum were prepared and the fact that the proposed project involves additional land that was not previously evaluated, LSA will conduct a paleontological resources study to determine the potential for project impacts to paleontological resources in accordance with CEQA and industry best practices. LSA will complete a fossil locality search through the Natural History Museum of Los Angeles County (NHMLAC) to establish the status and extent of previously recorded paleontological resources within the vicinity of the TOD Expansion Area, as well as within the same or similar deposits as those found in the TOD Expansion Area. This locality search will help determine the types of paleontological resources that may be encountered during project development. LSA will examine current geologic maps of the TOD Expansion Area and review relevant geological and paleontological literature. This literature review will determine which geologic units are present within the TOD Expansion Area and provide additional information regarding the types of paleontological resources that may occur in those deposits, their scientific significance, and potential methods to mitigate impacts to those resources. 4/6/23 (Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
6 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROTECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
Although a field survey is generally conducted to note the sediments and any paleontological resources, because the TOD Expansion Area is completely paved and developed, a field survey is not warranted. LSA will summarize the results of the background research in a paleontological resources technical memorandum. The memorandum will discuss the potential for the project to impact paleontological resources and, if needed, include recommendations to minimize these impacts. The results of the paleontological resources memorandum will be incorporated into the Supplemental IS/MND, with the memorandum attached to the document as an appendix.
Task 2.4: Noise and Vibration Analysis
Based on LSA's understanding of the proposed project, any potential changes in impacts associated with construction noise, construction vibration, operational stationary noise, or impacts associated with airport uses would be discussed on a qualitative level.
Using the traffic data prepared for the proposed project, LSA will evaluate noise impacts from project -related and cumulative vehicular trips to sensitive receptors within the City, using the Federal Highway Administration (FHWA) Traffic Noise Prediction Model (FHWA-RD-77-108). Model input data will include average daily traffic levels; day/night percentages of autos, medium and heavy trucks; vehicle speeds; ground attenuation factors; and roadway widths. Projections of the future day -night average noise level (Ldn) along selected roadway and highway segments will be provided in a table format to show the relationship between vehicle -related noise and distance from the roadway. Should impacts occur, potential noise recommendation measures will be recommended, where feasible.
The noise analysis will be incorporated directly into the Noise section of the Supplemental IS/MND.
The noise model outputs will be included as an appendix to the Supplemental IS/MND.
Task 3.0: Supplemental IS/MND
The work program for the Supplemental IS/MND is outlined below.
Task 3.1: Screencheck Draft Supplemental IS/MND
LSA will draft a Screencheck Draft Supplemental IS/MND to address the proposed project and to incorporate relevant information from the previous CEQA analyses (e.g., 2017 IS/MND and the 2021 Addendum). The Screencheck Draft Supplemental IS/MND will include the Project Description, documentation of existing conditions, summary of findings from the previous CEQA analyses, project impacts for the checklist topics, and resulting level of significance for each of the checklist topics. For each environmental topic, LSA will identify the changes associated with the project compared to what was evaluated in the previous CEQA analyses, and will provide responses to each checklist question by comparing the proposed project to the previous CEQA analyses. The analyses provided in the Screencheck Draft Supplemental IS/MND will be based on the findings from the technical studies prepared as part of Task 2.0. If, based on the technical analyses, the project may result in an impact that cannot be reduced to a less than significant level, LSA will immediately apprise the City of the issue and work proactively with City staff to identify the following: (1) additional measures or project changes that may reduce the potential impact to a less than 4/6/23 (Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine \ 20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
7 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
significant level; or (2) the most expedient method of providing appropriate environmental clearance under CEQA.
One electronic version (in Microsoft Word and Adobe PDF formats) of the Screencheck Draft Supplemental IS/MND will be submitted to the City for review and comment. For the purposes of this scope and budget, LSA will respond to two rounds of comments from the City. This scope and budget assumes one set of nonconflicting, consolidated comments per round. Text changes made to the document will be shown in underline and strikeout format for the City to more easily confirm that all comments and edits are fully incorporated into the Screencheck Draft Supplemental IS/MND.
Task 3.2: Public Review Draft Supplemental IS/MND
Once the Supplemental IS/MND is approved for public review, LSA will provide a digital version (in PDF format) for the City to publish and distribute for the 30 -day public review period. LSA will prepare a Notice of Intent (NOI) pursuant to Section 15072(a) of the State CEQA Guidelines regarding the availability of a Draft IS/MND for public review.
City staff will be responsible for preparing a distribution list that includes trustee agencies, responsible agencies, and any interested individuals, agencies, and organizations. City staff will be responsible for satisfying the distribution and noticing requirements, including making the documents available for public review on the City's website and submitting them to the State Clearinghouse CEQA Portal for distribution to State agencies. City staff will also file the NOI with the County Clerk -Recorder to begin the required public review period.
Task 3.3: Response to Comments/Final Supplemental IS/MND LSA will review public and agency comments on the Supplemental IS/MND received during the 30 - day public review period, and will prepare responses to CEQA comments and identify any necessary changes to the Supplemental IS/MND in a memorandum format, as necessary. LSA's budget assumes two rounds of City review of the memorandum prior to preparing a final version. It is assumed that the City will provide one set of nonconflicting, consolidated comments per round of review.
Following the City's approval of the Final Supplemental IS/MND, LSA will prepare a Notice of Determination (NOD). City staff will be responsible for filing the NOD with the County Clerk -Recorder after the City Council approves the project. A check for all necessary filing fees will need to accompany the NOD.
Task 3.4: Mitigation Monitoring and Reporting Program
LSA will prepare a Mitigation Monitoring and Reporting Program (MMRP) for all mitigation measures in the Supplemental IS/MND using the City's format. The MMRP will list mitigation measures that are recommended in the Supplemental IS/MND and provide standards and timelines for monitoring these measures. Electronic copies of the final MMRP will be submitted to the City with the Response to Comments memorandum. LSA will respond to two rounds of City comments. 4/6/23 (Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
8 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
Task 4.0: Project Management and Meeting Attendance
The LSA Principal in Charge and Project Manager will undertake a variety of general project management tasks throughout the IS/MND and environmental analysis preparation period, and will provide oversight of scope, budget, contract management, scheduling of the project, and quality assurance for all work undertaken. LSA will also be available for consultation on CEQA procedural matters as well as application of the State CEQA Guidelines to this project.
LSA will notify City staff of any issues as they are encountered and work expeditiously to resolve them. To facilitate the dissemination of information, LSA's Project Manager will maintain ongoing verbal and email communication with City staff.
LSA anticipates attendance by the Principal in Charge and Project Manager at one project team kickoff meeting, six progress meetings/conference calls, and up to two public hearings. Attendance at meetings over the maximum number identified or attendance of additional technical specialists at community meetings/public hearings will be on a time -and -materials basis with the City's written approval, consistent with the current fee schedule in Attachment B of this proposal.
PROJECT SCHEDULE
LSA proposes to accomplish Tasks 1.0 through 4.0, as described above, within a 9- to 10- month period upon receipt of all project information as outlined in Task 1.0. The schedule reflects a best effort to complete the project in a timely manner while at the same time providing the time and attention necessary to ensure the highest -quality analysis and products.
BUDGET
LSA proposes to accomplish Tasks 1.0 through 4.0, as described in the Scope of Work, for an estimated fee of $117,180. This includes Optional Task 2.1.A (Trip Distribution/Select Zone Assignment) and Optional Task 2.1.B (Level of Service [LOS] Analysis. LSA charges fees on an hourly basis, consistent with LSA's Schedule of Standard Contract Provisions and Billing Rates (Attachment B). LSA proposes to accomplish the above -detailed tasks on a time -and -materials basis consistent with the attached Schedule of Standard Contract Provisions and Billing Rates. LSA will not exceed the above amount without prior written authorization. This fee estimate shall remain valid for 90 days from the proposal date.
Direct costs (including costs for outside vendors used for photocopying) are to be reimbursed at cost, plus a 10 percent markup, unless other arrangements are made in advance, and are not included in the hourly fee for professional services. Direct costs can be invoiced separately at the City's request.
As cost -saving measures, this budget does not include the Scope of Work to provide support with the Native American tribal consultation process or any costs associated with production and distribution of the Draft Supplemental IS/MND (City staff will accomplish those tasks in-house). 4/6/23 (Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\ 20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
9 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
Although every effort has been made to anticipate the City's needs, LSA welcomes the opportunity to discuss strategy and the details of this Scope of Work. If you have any questions or comments, you can contact me at (949) 553-0666 or by email at [email protected]. Thank you for the opportunity to provide you with this proposal.
Sincerely,
LSA Associates, Inc.
Ryan Bensley, AICP
Principal
Attachments: A: Cost Estimate
B: Schedule of Standard Contract Provisions and Billing Rates The stated terms detailed in the Scope of Work re: Proposal to prepare updated technical studies and a Supplemental Initial Study/Mitigated Negative Declaration for the Packing House District Transit - Oriented Development Project in Placentia, California (LSA Proposal No. 20230547.P) are hereby accepted and authorized.
CONSULTANT: CLIENT:
LSA Associates, Inc.
Authorized Signature Authorized Signature
Print Name Print Name
Title Title
Date Date
4/6/23 (Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx)
10 REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
LSA
ATTACHMENT A
COST ESTIMATE
LSA proposes to complete the CEQA documentation as outlined throughout Tasks 1.0 through 4.0 for $83,080, which does not include the optional tasks described above. The table below breaks down the costs by task, and also includes an additional cost estimate in the event the City chooses to include Optional Tasks 2.1.A and 2.1.B in the Scope of Work.
Task
Cost
Task 1.0: Project Initiation and Project Description
1.1: Project Initiation
$5,320
Total for Task 1.0
$5,320
Task 2.0: Technical Studies
2.1: Transportation Analysis
$10,000
2.2: Air Quality/Energy/GHG Analysis
$9,200
2.3: Noise/Vibration Impact Analysis
$4,500
2.4: Paleontological Resources Analysis
$4,300
Total for Task 2.0
$28,000
Task 3.0: Supplemental IS/MND
3.1: Screencheck Draft Supplemental IS/MND
$20,320
3.2: Public Review Draft Supplemental IS/MND
$4,840
3.3: Response to Comments/Final Draft Supplemental IS/MND $8,440
3.4: Mitigation Monitoring and Reporting Program
$3,600
Total for Task 3.0
$37,200
Task 4.0: Project Management and Meeting Attendance
4.1: Project Management
$10,560
Total for Task 4.0
$10,560
**OPTIONAL TASKS**
2.1.A: Trip Distribution/Select Zone Assignment
$4,500
2.1.B: Level of Service (LOS) Analysis
$29,600
Total for Optional Tasks
$34,100
Reimbursable Expenses
$2,000
TOTAL COST Without Optional Tasks
$83,080
TOTAL COST WITH Optional Tasks
$117,180
Z:\D1-Proposals\01-Proposals by Year\2023\03 - Irvine\ 20230547.P_Placentia TOD Zone Expansion \City of Placentia Suppl MND_TOD Rezoning_4.6.23 Clean.docx (04/06/23)
REVISED PROPOSAL TO PREPARE A SUPPLEMENTAL MITIGATED
NEGATIVE DECLARATION
APRIL 2023
PACKING HOUSE DISTRICT TRANSIT -ORIENTED L S A
DEVELOPMENT PROJECT
CITY OF PLACENTIA, COUNTY OF ORANGE, CALIFORNIA
ATTACHMENT B
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLING RATES
Z:\01-Proposals\01-Proposals by Year\2023\03 - Irvine\ 20230547.P_Placentia TOD Zone Expansion\City of Placentia Suppl MN0_TOD Rezoning_4.6.23 Clean.docx (04/06/23)
JUNE 2022 SCHEDULE OF STANDARD CONTRACT PROVISIONS L C /(-A`
AND BILLING RATES
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLING RATES
FEES FOR PROFESSIONAL SERVICES
Fixed -Fee Contracts
If a fixed -fee proposal, the professional services described in the Scope of Services Section of the attached proposal shall be provided for the fixed fee noted in the proposal. Invoices will be generated on a monthly basis based on the percentage of work completed and/or an agreed -upon schedule of values.
The fixed fee includes all labor and expenses required to complete the defined scope of work. Any changes in the scope of work, significant delays, or additional tasks will be considered extra services.
Extra services shall be provided on a time -and -expenses basis at the same rates specified for hourly contracts unless other arrangements are made in advance.
Hourly Contracts
If an hourly plus expenses proposal, the professional services described in the Scope of Services section of the attached proposal shall be provided on a time -and -materials basis at current hourly rates. These rates are as shown on a Rate Schedule that is attached or can be made available. Hourly rates are subject to review at least annually on or about June 1 of each year, and may be adjusted to reflect changing labor costs, at our discretion, at that time. (A schedule can be made available upon request.) Direct costs (including cost of subconsultants) shall be reimbursed at cost plus 10 percent, unless other arrangements are made in advance, and are not included in the hourly fee for professional services.
The total estimated amount of time and expenses noted in the proposal will serve as a control on the services to be provided. The specified amount will not be exceeded without prior approval of the client.
EXTRA SERVICES
Services provided by LSA under this Agreement are defined in the Scope of Services section of the attached proposal. The Scope of Services was created with the intent of executing the specific tasks and level of service requested by the client. Any additions, changes to the Scope, or substantial delays to the schedule as defined in the Scope will be considered extra services. Extra services shall be provided on a time -and -expenses basis at the hourly rates in effect when the extra service is provided unless other arrangements are made in advance. Extra services will be communicated to and authorized by the client prior to commencing work. Should an alteration to the Scope include removing tasks or reducing the scope of the level of service, LSA shall invoice for the work performed prior to receiving written notice of the change.
INVOICING
Monthly invoices shall be submitted for progress payment based on work completed to date. LSA will invoice the client using our standard invoicing format and will submit the invoice to the client via electronic mail. Clients requesting changes to LSA's standard invoice or process for submittal may be billed additional time to develop the invoice and monthly administration of the billing.
S:\intranet-2012\accounting\Contract Review \StandardContractProvisions_060322.doc (06/03/22) B-1
JUNE 2022 SCHEDULE OF STANDARD CONTRACT PROVISIONS L SA
AND BILLING RATES
PAYMENT OF ACCOUNTS
Terms are net 30 days. A service charge of 1.5 percent of the invoice amount (18 percent annual rate) may be applied to all accounts not paid within 30 days of invoice date. Any attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the client.
STANDARD OF CARE
Services provided by LSA under this Agreement will be performed in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. LSA will endeavor to maintain consistent staff on the project; however, unforeseen issues outside of our control such as employee illness, relocation, injury, or departure can occur. From time to time, unforeseen circumstances require us to replace project staff or project managers with other equally qualified staff in order to meet our commitments. The terms of this proposal are not contingent upon work being performed by named staff. LSA reserves the right to substitute equally qualified staff when necessary.
PROJECT DELAYS
The terms of this Proposal are based on the anticipated project schedule. In the event of unanticipated project delays, the scope of services may be subject to amendment, change, or substitution.
INDEMNIFICATION
Client and consultant each agree to indemnify and hold the other harmless and their respective officers, employees, agents, and representatives from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys' fees, to the extent such claims, losses, damages, and expenses are caused by the indemnifying party's negligent acts, errors, or omissions.
ELECTRONIC FILE DATA CHANGES
Copies of documents that may be relied upon by client are limited to the printed copies (also known as hard copies) that are signed or sealed by LSA. Files in electronic media format or text, data, graphic, or other types that are furnished by LSA to client are only for convenience of client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, LSA makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those of LSA at the beginning of the assignment.
FORCE MAJEURE
Neither party shall be deemed in default of this Agreement to the extent that any delay in performance of its obligation results from any cause beyond its reasonable control and without its negligence.
S:\intranet-2012\accounting\Contract Review\StandardContractProvisions_060322.docx (06/03/22) B-2
JUNE 2022
SCHEDULE OF STANDARD CONTRACT PROVISIONS L SA
AND BILLING RATES
LITIGATION
In the event that either party brings action under the proposal for the breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether or not such action is prosecuted to judgment.
NOTICES
Any notice or demand desired or required to be given hereunder shall be in writing and shall be deemed given when personally delivered or deposited in the mail, postage prepaid, sent certified or registered, and addressed to the parties as set forth in the proposal or to such other address as either party shall have previously designated by such notice. Any notice so delivered personally shall be deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received 5 days after the date on which it was mailed.
TERMINATION OF CONTRACT
Client may terminate this agreement with 7 days prior notice to LSA for convenience or cause. Consultant may terminate this Agreement for convenience or cause with 7 days prior written notice to client. Failure of client to make payments when due shall be cause for suspension of services, or ultimately termination of the contract, unless and until LSA has been paid in full all amounts due for services, expenses, and other related charges.
If this Schedule of Standard Contract Provisions is attached to a proposal, said proposal shall be considered revoked if acceptance is not received within 90 days of the date thereof, unless otherwise specified in the proposal.
S:\intranet-2012\accounting\Contract Review\StandardContractProvisions_060322.docx (06/03/22) B-3
JUNE 2022 SCHEDULE OF STANDARD CONTRACT PROVISIONS L SA
AND BILLING RATES
HOURLY BILLING RATES EFFECTIVE JUNE 2022
Job Classification
Hourly Rate
Range"
Planning
Environmental
Transportation
Air/Noise
Cultural/
Paleontological
Resources
Biology
GIS
Principal
Principal
Principal
Principal
Principal
Principal
Principal
$180-400
Associate
Associate
Associate
Associate
Associate
Associate
Associate
$130-250
Senior
Planner
Senior
Environmental
Planner
Senior
Transportation
Planner/Engineer
Senior Air
Quality/Noise
Specialist/Noise
Engineer
Senior Cultural
Resources Manager/
Paleontologist
Senior Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/
Arborist
Senior GIS
Specialist
$115-200
Planner
Environmental
Planner
Transportation
Planner/Engineer
Air Quality/
Noise Specialist/
Noise Engineer/
Climate Change
Specialist
Cultural Resources
Manager/
Archaeologist/
Architectural
Historian/
Paleontologist
Biologist/Botanist/
Wildlife Biologist/
EcologistfSoil
Scientist/
Herpetologist/
Arborist
GIS
Specialist
$85-165
Assistant
Planner
Assistant
Environmental
Planner
Assistant
Transportation
Planner/Engineer
Air Quality/
Noise Analyst
Cultural Resources
Analyst
Assistant Biologist/
Botanist/Wildlife
Biologist/Ecologist/
Soil Scientist/
Herpetologist/
Arborist
Assistant
GIS
Specialist
$85-125
Field Services
Senior Field Crew/Field Crew $85-105
Office Services
Graphics
$125-150
Marketing
$115-195
Office Assistant
$85-135
Project Assistant
$105-135
Research Assistant/Intern
$75
Word Processing/Technical Editing
$105-130
' The hourly rate for work involving actual expenses in court (e.g., giving depositions or similar expert testimony) will be billed at $400 per hour regardless of job classifications.
Z Hourly rates are subject to review at least annually, on or about June 1 of each year, and may be adjusted to reflect changing labor costs at LSA's discretion at that time.
LSA IN-HOUSE DIRECT COSTS EFFECTIVE JUNE 20221
Description
Unit Cost
Description
Unit Cost
Reproduction (8.5 x 11) B/W
$0.07 per page
Total Station Surveying Instrument
$50.00 per day
Reproduction (8.5 x 11) Color
$0.40 per page
Level (Laser or Optical)
$25.00 per day
Reproduction (11 x 17) B/W
$0.10 per page
Laser Rangefinder
$25.00 per day
Reproduction (11 x 17) Color
$0.75 per page
Sound Meter
$75.00 per day
CD Production
$5.00 per CD
Sound Meter with Velocity Transducer
$85.00 per day
USB Flash Drive
$5.00 per drive
Aerial Photo
Cost
Plotting
$3.75 per sq ft
Boat Rental
$125.00 per day
Aerial Drone
$200.00 per day
Water Quality Meter
$25.00 per day
Mileage On -Road
Current federal rate
Night Vision Goggles
$50.00 per unit per night
Mileage Off -Road
Current federal rate
Wildlife Camera
$25.00 per day
GPS Unit
$75.00 per day
' Direct costs shall be reimbursed at cost plus 10 percent.
S:\Intranet-2012\accounting\Contract Review\StandardContractProvisions_060322.docx (06/03/22) B-4
ACORO®
�� CERTIFICATE OF LIABILITY INSURANCE 9/30/2023
DATE (MM/DD/YYYY)
9/28/2022
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 Lockton Insurance Brokers, LLC
777 S. Figueroa Street, 52nd Fl.
CA License #0F 15767
Angeles CA 90017
(213) 689-0065
NAME:
PHONE FAX
( NCA No, Eat): (Al C, No):
E-MLos
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : National Fire Insurance Co of Hartford
20478
INSURED LSA Associates, Inc.
1492742 20 Executive Park, Suite 200
Irvine CA 92614
INSURER e : Valley Forge Insurance Company
20508
INSURER C : Tokio Marine Specialty Insurance Company
23850
INSURER D :
INSURER E :
INSURER F :
COVERAGES LSAAS01
CERTIFICATE NUMBER: 17804285
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LT
TYPE OF INSURANCE
ADDL
NSD
UBR
SWVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
N
N
7015505648
9/30/2022
9/30/2023
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE
X
OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrence)
$ 1,000,000
X
Cont. Liab. Incl.
MED EXP (Any one person)
$ 15,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
AGGREGATE
X
LIMIT APPLIES
JECOT
PER:
LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
A
AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
-
AUTOS DULED
NON -OWNED
AUTOS ONLY
N
N
7015505617
9/30/2022
9/30/2023
(EOa a cldeDISINGLE LIMIT
$ 1,000,000
BODILY INJURY (Per person)
$ XXXXXXX
BODILY INJURY (Per accident)
$ XXXXXXX
PROPERTY DAMAGE
(Per accident)
$ XXXXXXX
Comp./Coll. Ded
$ 1,000
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
NOT APPLICABLE
EACH OCCURRENCE
$ XXXXXXX
AGGREGATE
$ XXXXXXX
DED
RETENTIONS
$ XXXXXXX
B
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
N
N /A
N
7015505603 (CA)
7015505469 (AOS)
9/30/2022
9/30/2022
9/30/2023
9/30/2023
X
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
C
Contractors Pollution &
Professional Liab.
N
N
PPK2471137
9/30/2022
9/30/2023
$2,000,000 occ./$4,000,000 agg.
SIR: $50,000
retroactive date: 6/4/1976
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)
CERTIFICATE HOLDER
CANCELLATION See Attachments
17804285
Evidence of Coverage
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
ACORD 25 (2016/03)
© 1 88-201 C D CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORQ
Attachment Coc e: D59097,- Master ID: 1492742, Certificate ID: 17804285 CNA
CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or
B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract.
III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract.
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of:
A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:
1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part:
LNA/5U/9XX (1U-16) Nolicy No: 7015505648
Nat'l Fire Ins Co of Hartford
Insured Name: LSA ASSOCIATES, INC.
Endorsement No:
Effective Date:
5 9/30/2022
CopyrightCNAAIIRightsReserved. IncludescopyrightedmaterialofInsuranceServicesOffice, Inc.,withitspermission.
Attachment Coce: D59097Ma
ID 1492742 C f ID
LR ertt 1.,aLG
1 780428
5 CNA
CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products -Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above, this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following:
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and exp'res concurrently wit' saic Policy.
CNA75079XX (10-16)
Nat'l Fire Ins Co of Hartford
Insured Name: LSA ASSOCIATES, INC.
Policy No: 7015505648
Endorsement No: 5
Effective Date: 9/30/2022
CopyrightCNAAIIRightsReserved. IncludescopyrightedmaterialofInsuranceServicesOffice, Inc.,withitspermission.
Attachment Cote: D590986 Mater ID: 14927,-2, Certificate ID: 1780 28 CNA
CNA PARAMOUNT
General Liability Extension Endorsemen
3. This Paragraph J. also does not apply:
a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products -completed operations hazard is excluded by endorsement to this Coverage Part.
K. Other Person Or Organization
Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured'sacts or omissions.
The coverage granted by this paragraph does not apply to any person or organization:
1. for bodily injury, property damage, or personal and advertising injury arising out of the rendering or failure to render any professional service;
2. for bodily injury or property damage included within the products -completed operations hazard; nor
3. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part,
2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured.
B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above:
Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.
3. BODILY INJURY — EXPANDED DEFINITION
Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.
4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice.
B. NOTICE OF OCCURRENCE
CNA74879XX (1-15)
Nat'l Fire Ins Co of Hartford
Insured Name: LSA ASSOCIATES, INC.
CopyrightCNAAIIRightsReserved. IncludescopyrightedmaterialoflnsuranceServicesOffice, Inc.,withitspermission.
Policy No: 7015505648
Endorsement No: 4
Effective Date: 9/30/2022
Atta^hment Code: D590975 Master ID: _492742, Ccrti:ficate ID: _7804285 CNA
CNA PARAMOUNT
General Liability Extension Endorsement
not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.
D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.
17. PROPERTY DAMAGE — ELEVATORS
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.
18. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows:
A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.
19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
20. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products -completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
C:NA/iii/YXX (1-15)
Nat'l Fire Ins Co of Hartford
Insured Name: LSA ASSOCIATES, INC.
Po icy No: 7015505648
Endorsement No: 4
Effective Date: 9/30/2022
CopyrightCNAAIIRightsReserved. IncludescopyrightedmaterialofInsuranceServicesOffice, Inc.,withitspermission.
Atta
Wherever used in this endorsement: 1) Insurer means "we", "us", "our" or the "Company" as those terms may be defined in the policy; and 2) Named Insured means the first person or entity named on the declarations page; and 3) "Insureds" means all persons or entities afforded coverage under the policy.
Any cancellation, nonrenewal or termination provisions in the policy are deleted in their entirety and replaced with the following:
CANCELLATION AND NONRENEWAL
A. CANCELLATION
1. The Named Insured may cancel the policy at any time. To do so, the Named Insured must return the policy to the Insurer or any of its authorized representatives, indicating the effective date of cancellation; or provide a written notice to the Insurer, stating when the cancellation is to be effective.
2. If the policy has been in effect for less than sixty (60) days and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, and the producer of record. The notice of cancellation will be provided at least sixty (60) days prior to the effective date of cancellation except that in the case of cancellation for nonpayment of premiums the notice will be given no less than ten (10) days prior to the effective date of the cancellation.
3. If the policy has been in effect for more than sixty (60) days or if it is a renewal, effective immediately, the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons:
a. Nonpayment of premium, including payment due on a prior policy issued by the Insurer and due during the current policy term covering the same risks.
b. A judgment by a court or an administrative tribunal that the Named Insured has violated any law of this state or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against.
c. Discovery of fraud or material misrepresentation by either of the following:
(1) The Named Insured or Insured(s) or a representative of same in obtaining the insurance; or (2) The Named Insured or his or her representative in pursuing a claim under the policy. d. Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by the Named Insured or Insured(s) or a representative of same, which materially increase any of the risks insured against.
e. Failure by the Named Insured or Insured(s) or a representative of same to implement reasonable loss control requirements which were agreed to by the Named Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against.
f. A determination by the commissioner that the loss of, or changes in, the Insurer's reinsurance covering all or part of the risk would threaten the financial integrity or solvency of the Insurer.
A determination by the commissioner that a continuation of the policy coverage would place the Insurer in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten the solvency of the Insurer.
h. A change by the Named Insured or Insured(s) or a representative of same in the activities or property of the commercial or industrial enterprise which results in a material added risk, a materially increased risk or a materially changed risk, unless the added, increased, or changed risk is included in the policy.
A notice of cancellation will be in writing and will be delivered or mailed to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days prior to the effective date of cancellation. Where cancellation is for nonpayment of premium, notice shall be given no less than ten (10) days prior to the effective date of cancellation.
g.
CNA628"4CA
2-19)
Nat'l Fire Ins Co of Hartford
Insured Name: LSA ASSOCIATES, INC.
Po Icy No: 7015505648
Endorsement No: 17
Effective Date: 9/30/2022
CopyrightCNAAIIRightsReserved.
Attachment Coce: D590988 Master 1D:
92742, Certificate ID:
7801-285
CNA
CNA PARAMOUNT
Cancellation / Nonrenewal - California
4. The notice will state the actual reason for the cancellation.
5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.
6. If notice is mailed, proof of mailing will be sufficient proof of notice.
B. PREMIUM REFUND
If this policy is cancelled, the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund.
C. NONRENEWAL
1. The Insurer can non -renew the policy by giving written notice to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days but not more than one hundred twenty (120) days before the expiration date.
2. The notice of nonrenewal will state the actual reason for nonrenewal.
3. If notice is mailed, proof of mailing will be sufficient proof of notice.
4. A notice of nonrenewal will not be required in any of the following situations:
a. The transfer of, or renewal of, a policy without change in its terms or conditions or the rate on which the premium is based between insurers that are members of the same insurance group. b. The policy has been extended for ninety (90) days or less, if the notice required has been given prior to the extension.
c. The Named Insured has obtained replacement coverage or has agreed, in writing, within sixty (60) days of the termination of the policy, to obtain that coverage. d. The policy is for a period of no more than sixty (60) days and the Named Insured is notified at the time of issuance that it may not be renewed.
e. The Named Insured requests a change in the terms or conditions or risks covered by the policy within sixty (60) days prior to the end of the policy period.
f. The Insurer has made a written offer to the Named Insured, within the prescribed time period, to renew the policy under changed terms or conditions or at a changed premium rate, where the increase is more than 25%. As used herein, "terms or conditions" includes, but is not limited to, a reduction in limits, elimination of coverages, or an increase in deductibles.
5. In the case of conditional renewal, failure of the Named Insured to satisfy conditions provided by the Insurer for renewal, by the expiration date of the policy or sixty (60) days after mailing or delivery of such notice, whichever is later, the conditional renewal shall be treated as an effective nonrenewal.
D. CONDITIONAL RENEWAL
1. If the policy has been in effect for more than sixty (60) days or if the policy is a renewal, effective immediately no increase in premium, reduction in limits, or change in the conditions of coverage shall be effective during the policy period unless based upon one of the following reasons:
a. Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards by the Named Insured or Insured(s) which materially increase any of the risks or hazards insured against.
b. Failure by the Named Insured or Insured(s) to implement reasonable loss control requirements which were agreed to by the Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan, if the failure materially increases any of the risks insured against. c. A determination by the commissioner that loss of or changes in an insurer's reinsurance covering all or part of the risk covered by the policy would threaten the financial integrity or solvency of the Insurer unless the change in the terms or conditions or rate upon which the premium is based is permitted.
CNA6284CA
12-19)
Nat'l Fire Ins Co of Hartford
Insured Name: LSA ASSOCIATES, INC.
Policy No: 7015505648
Endorsement No: 17
Effective Date: 9/30/2022
CopyrightCNAAII Righ tsReserved.
Atta
d. A change by the Named Insured or Insured(s) in the activities or property of the commercial or industrial enterprise which results in a materially added risk, a materially increased risk, or a materially changed risk, unless the added, increased, or changed risk is included in the policy.
2. A written notice will be mailed or delivered to the Named Insured, at the last mailing address known to the Insurer, and the producer of record at least sixty (60) days prior to the effective date of any increase, reduction or change.
3. The notice will state the effective date of, and the reasons for, the increase, reduction or change
4. If notice is mailed, proof of mailing will be sufficient proof of notice.
E. ADDITIONAL PROVISIONS
1. Solely with respect to coverage for real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit:
a. The Insurer shall not cancel or refuse to renew such coverage existing on the date the Insurer elected to become an associate participating insurer after an offer of earthquake coverage is accepted solely because the insured has accepted that offer of earthquake coverage; and b. The Insurer shall not cancel such coverage unless the policy is properly canceled pursuant to Paragraph A above; and
c. The Insurer may not cancel or non -renew this policy solely because the first Named Insured has:
(1) Accepted an offer of earthquake coverage; or
(2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge.
However, the Insurer shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA.
d. The following applies only to insurers who are associate participating insurers as established by Cal. Ins.
Code Section 10089.16. The Insurer may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons apply:
i. The policy is terminated by the Named Insured;
ii. The policy is refused renewal on the basis of sound underwriting principles that relate to the coverages provided by the policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; iii. The Commissioner of Insurance finds that the exposure to potential losses will threaten the solvency of the Insurer or place the Insurer in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which the Insurer makes claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least twenty-five percent (25%) for payment of those claims; or iv. The Insurer has lost or experienced a substantial reduction in the availability or scope of reinsurance coverage or a substantial increase in the premium charged for reinsurance coverage for its residential property insurance policies, and the Commissioner of Insurance has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in the Insurer's reinsurance position.
e. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, the Insurer may not cancel or non -renew this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred.
CNA62S'4CA (12-19)
Nat'l Fire Ins Co of Hartford
Insured Name: LSA ASSOCIATES, INC.
Policy No: 7015505648
Endorsement No: 17
Effective Date: 9/30/2022
CopyrightCNAAIIRightsReserved.
Attachment Code: D590988 Master ID: _A92742, Certificate ID: 17804285 CNA
CNA PARAMOUNT
Cancellation / Nonrenewal - California
However, the Insurer may cancel or non -renew:
(1) When the Named Insured has not paid the premium at any time and the Insurer lets the Named Insured know at least 10 days before the date cancellation takes effect; (2) If willful or grossly negligent acts or omissions by the Named Insured, or his or her representatives, are discovered that materially increase any of the risks insured against; (3) If losses unrelated to the post -disaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or
(4) If there are physical changes in the property insured against, beyond the catastrophe -damaged condition of the structures and surface landscape, which result in the property becoming uninsurable f. If this policy contains an exclusion barring coverage for the peril of corrosive soil conditions, the Insurer shall not cancel or refuse to renew the policy solely because corrosive soil conditions exist on the location.
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA62814CA (12-19)
Nat'l Fire Ins Co of Hartford
Insured Name: LSA ASSOCIATES, INC.
Policy No: 7015505648
Endorsement No: 17
Effective Date: 9/30/2022
CopyrightCNAAIIRightsReserved.
Attachment Code: D590976 Master ID: 1492742, Certificate ID: 17804285 ANA
Business Auto Policy
Policy Endorsement
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILTY COVERAGE
A. Who Is An Insured
The following is added to SECTION II, Paragraph A.1., Who Is An Insured:
1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability policy providing auto coverage.
2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest.
The insurance afforded by this provision A.2.:
a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to:
(1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or
(2) Any such organization that is an insured under any other liability policy providing auto coverage.
3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy.
4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business.
Policy, as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but:
1. Which are no longer in force; or
2. Whose limits have been exhausted.
B. Bail Bonds and Loss of Earnings
SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows:
1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and
2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day.
C. Fellow Employee
SECTION II, Paragraph B.5 does not apply.
Form No: SCA 23 500 D (10-2011)
Endorsement Effective Date: Endorsement Expiration Date: 9/30/2023 Endorsement No: 15; Page: 1 of 5
Underwriting Company: National Fire Insurance of Hartford, 151 N Franklin St, Chicago, IL 60606 Policy No: 7015505617
Policy Effective Date: 9/30/2022
Policy Page: 66 of 92
U Copyright CNA Al Rights Reserved. Includes copyngnted materla Insurance Services Office, Inc., used with its permission. of the
Attachment Code: D590990 Master ID: 1492742, Certificate ID: 17804285 ANA
1�
Business Auto Policy
Policy Endorsement
It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:
SCHEDULE
Name of Additional Insured Person Or Organization
ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED
BY WRITTEN CONTRACT OR WRITTEN AGREEMENT
TO NAME AS AN ADDITIONAL INSURED.
1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy.
2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy.
All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy.
Form No: CNA71527XX (10-2012)
Endorsement Effective Date: 06/03/2021 Endorsement Expiration Date:
Endorsement No: 30; Page: 1 of 1
Underwriting Company: National Fire Insurance of Hartford, 151 N Franklin St, Chicago, IL 60606 Policy No: 7015505617
Policy Effective Date: 9/30/2022
© Copyright CNA All Rights Reserved.
Attachment Code: D591616 Master ID: 1492742, Certificate ID: 17804285 ANA
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
Business Auto Policy
Policy Endorsement
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: LSA ASSOCIATES, INC.
Endorsement Effective Date: 9/30/2022
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
AS REQUIRED BY WRITTEN CONTRACT
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.
Form No: CA 04 44 10 13
Endorsement Effective Date:
Endorsement No: 17; Page: 1 of 1
Underwriting Company: National Fire Insurance of Hartford, 151 N Franklin St, Chicago, IL 60606 Gu yriyfit lnsur once Se'vtuea Office, 1 1r.., c01 1
Policy No: 7015505617
Endorsement Expiration Date: Policy Effective Date: 9/30/2022
Attachment Code: D590979 Master ID: 1492742, Certificate ID: 17804285 ANA
1 Workers Compensation And Employers Liability Insurance Policy Endorsement
This endorsement changes the policy to which it is attached.
It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following:
We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations
The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%.
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below.
Form No: G -19160-B (11-1997)
Endorsement Effective Date: Endorsement Expiration Date: 9/30/2023 Endorsement No: 2; Page: 1 of 1
Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved.
Policy No: 7015505603 (CA)
Policy Effective Date: 9/30/2022
Policy Page: 32 of 46
RESOLUTION NO. R-2023-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2023-24 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2023-24 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2023-24, via Resolution No. R-2023-42, is hereby amended to reflect the following expenditure of funds from the Account specified to the Account specified:
Fund
Description
Department
GL Account
Amount
Type
General Plan
Update Fees Fund
Fund Balance
Development
Services
0074-3001
$231,000
Decrease
General Plan
Update Fees Fund
Professional
Services
Development
Services
742531-6099
$231,000
Increase
General Plan
Update Fees Fund
Fund Balance
Development
Services
0074-3001
$20,000
Decrease
General Plan
Update Fees Fund
Housing Element
Update
Development
Services
749102-6017
$20,000
Increase
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2023-52
PASSED, ADOPTED AND APPROVED THIS 20th DAY OF JUNE 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 20th day of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
None
None
None
None
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-52
TO:
VIA:
FROM:
DATE:
Placentia City Council
CITY COUNCIL
CITY ADMINISTRATOR
COMMUNITY SERVICES DIRECTOR
JUNE 20, 2023
AGENDA REPORT
SUBJECT: PURCHASE OF COMMUNITY SERVICES FACILITY MAINTENANCE VEHICLE FISCAL
IMPACT:
SUMMARY:
EXPENSE: $63,964.63 TOTAL PURCHASE PRICE
$10,000.00 OUTFITTING/EQUIPMENT COSTS
BUDGET: $75,000.00 FY 2022-23 VEHICLE REPLACEMENT FUND
(814000-6842)
There is a need to purchase one (1) Community Services facility technician maintenance vehicle.
The Community Services Department ("Department") currently has a small fleet of vehicles utilized for transport of equipment and supplies for programs, special events, irrigation maintenance, and day-to-day activities. These include one (1) Ford F-250 Stake bed, one (1) Ford Ranger Stake bed, and one (1) Ford -250 Super Duty used solely for irrigation maintenance. These vehicles are standard equipment and not equipped for use as maintenance vehicles.
The Department will now oversee the day-to-day maintenance needs/repairs of park/rental facilities. Recently, the City Council approved the addition of one (1) Full -Time Facility Maintenance Technician Position to be added to the Department's personnel. The position will oversee the day-to-day maintenance repairs of park/rental facilities and address the back log of deferred maintenance. Given the addition of the new position, the hired Staff person will require a heavy-duty work truck for daily use.
The selected vehicle for purchase is a 2023 F-250 Regular Cab Utility truck with Harbor Service Body and locking body doors for equipment storage. The vehicle is currently in stock at Ken Grody Ford and ready to be received upon purchase. The Out -the -Door dealership cost of the vehicle is $63,964.63. An additional $10,000 has been identified as other costs to be utilized to outfit the vehicle with beacon lights, side steps, and necessary tools and equipment.
This action authorizes the purchase of one (1) Community Services facility technician maintenance vehicle from Ken Grody Ford in the amount of $63,964.63 and approves Resolution No. R-2023-53 authorizing a budget amendment in the Vehicle Replacement Fund in the amount of $73,964.63 for the purchase costs and outfitting costs of the vehicle.
1.q.
June 20, 2023
City Council Agenda
June 20, 2023
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve the purchase of one (1) 2023 Ford F-250 Regular Cab Utility work truck with Harbor Service Body from Ken Grody Ford in the amount of $63,964.63 and an additional $10,000 for outfitting costs of the vehicle upon receipt; and
2. Approve Resolution No. R-2023-53, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2022-23 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and
3. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
STRATEGIC PLAN STATEMENT:
There is no specific strategic planning goal or objective associated with this agenda item.
DISCUSSION:
The Department will now oversee the day-to-day maintenance needs/repairs of park/rental facilities. Recently, the City Council approved the addition of one (1) Full -Time Facility Maintenance Technician Position to be added to the Department's personnel. The position will oversee the day-to-day maintenance repairs of park/rental facilities and address the back log of deferred maintenance. Given the addition of the new position, the hired Staff person will require a heavy-duty work truck for daily use.
For this purchase, Staff evaluated the selected vehicle as a 2023 F-250 2023 Ford F-250 Regular Cab Utility work truck with Harbor Service Body and locking body doors for equipment storage.
The vehicle is currently in stock at Ken Grody Ford ready to be received upon purchase. The truck purchase is budgeted in the Fiscal Year 2022-23 vehicle replacement fund under fleet management.
Staff deemed the Ford F-250 Utility truck to be a suitable vehicle for the needs of the Department due to its ideal size for equipment transport, reliability record, lower maintenance costs, and comfortable ride. Additionally, these vehicles are currently used successfully by other municipal agencies for maintenance work.
Staff received one (1) suitable competitive bid from Ken Grody Ford for a 2023 Ford F-250 Regular Cab Utility work truck with Harbor Service Body in the amount of $63,964.63. Ken Grody Ford currently has the vehicle in stock and is ready to be received upon purchase. An additional $10,000 has been identified as other costs to be utilized to outfit the vehicle with beacon lights, side steps, and necessary tools and equipment.
City Council Agenda
June 20, 2023
Staff recommends purchasing the selected maintenance vehicle from Ken Grody Ford, as they are the only vendor that can deliver the vehicle immediately upon purchase. Due to supply chain issues, there is a lack of vehicle inventory and a 6-9 month waiting period when ordering a truck.
This action authorizes the purchase of one (1) Community Services Facility Maintenance vehicle for use by the Full -Time Facility Maintenance Technician Staff from Ken Grody Ford, utilizing funds budgeted in the FY 2022-23 budget in the Vehicle Replacement Fund. Additionally, this action approves Resolution No. R-2023-53 authorizing a budget amendment to be utilized for the vehicle Out -the -Door costs and vehicle outfitting costs.
FISCAL IMPACT:
The funds to purchase this vehicle are allocated from the Fiscal Year 2022-23 budget. The quote for a 2023 Ford F-250 Regular Cab Utility work truck with Harbor Service Body is from Ken Grody Ford for $63,964.63. An additional $10,000 has been identified as other costs to be utilized to outfit the vehicle with beacon lights, side steps, and necessary tools and equipment. Resolution No. R-2023-53 shall authorize the use of the funds for a total of $73,964.63 for the purchase and outfitting of the vehicle. The current available budget for the purchase and outfitting of the vehicle is $75,000 and therefore sufficient funds exist for this expense. Once received, the vehicle will be added to the City's fleet management list.
Prepared by:
Veronica Ortiz
Reviewed and approved:
J
rum
Karen Crocker
Comm unity° rvices Superviso) Director of Community Services Reviewed and approved: Reviewed and approved:
Jennifer Lampman
Director of Finance
Damien R. Arrula
City Administrator
Attachments:
1. Quote from Ken Grody Ford- F-250 Regular Cab Utility work truck with Harbor Service Body
2. Resolution No. R-2023-53
1<t v CRvvY rvRv
CITY OF PLACENTIA
2023 FORD SUPER DUTY F-250 SRW XL
WITH HA
VIN: 1 FTBF2AA5PEC32939
STOCK #: MB231743
SALESPERSON: NICHOLAS CAMPUZANO
6/14/2023 12:49 PM
This presentation is designed to provide an example of various finance options that may be available. Incentive programs, Rebates, Rates, Terms and Payments are estimates, subject to change and are impacted by individual credit history and subject to credit approval and program verification. Specific details will be provided when an alternative or alternatives are selected.
Cash Deal Structure
Vehicle Price
58,725.00
Document Prep Fee
85.00 Tire/Battery/VTR Fee
8.75 Sales Tax
5,145.88
Due On Delivery
63,964.63
Tax: 8.75% TAX
8.75 %
On Approved Credit. Payments are an estimate and may vary among lending institutions. The final terms of your loan or lease may differ depending on credit history and the actual terms of the financial institutions acceptance. Tax rules and amounts may vary based upon State or Locality. Vehicle Price is before Taxes and/or applicable fees. Tax Profile: 8.75% Tax © Copyright 2023 Guest Concepts, Inc. — All Rights Reserved
RESOLUTION NO. R-2023-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2022-23 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2022-23 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2022-23, Resolution No. R-2023-43, is hereby amended to reflect the following expenditure of funds from the Account specified to the Account specified:
Fund
Description
Department
GL Account
Amount
Type
Equipment
Replacement
Vehicle
Replacement
Community Services
184000-6842
$75,000
Expense
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2023-53
PASSED, ADOPTED AND APPROVED THIS 20TH DAY OF JUNE 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 20TH day of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
None
None
None
None
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-53
Placentia City Council
AGENDA REPORT
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR/ PUBLIC SERVICES & INFRASTRUCTURE DATE: JUNE 20, 2023
SUBJECT: PUBLIC HEARING AND TABULATION OF BALLOTS FOR ANNEXATION INTO COMMUNITY FACILITIES DISTRICT NO. 2014-01 (PUBLIC SERVICES CFD) FISCAL
IMPACT: ANNUAL REVENUE: $111,915.32 (550000-4505)
SUMMARY:
On February 18, 2014, the City Council adopted Resolution No. R-2014-10, establishing Community Facilities District No. ("CFD") 2014-01 ("Public Services CFD") to provide an ongoing sustainable funding source paid for by new developments to help fund the cost of public safety services. On March 4, 2014, the City Council adopted Ordinance No. 2014-03, authorizing the City Council to determine, by resolution, on or before August 1 of each year, the specific special tax to be levied on each parcel of land within the CFD. At that time, the City Council also, in the adoption of the territory map, approved the area designated as future annexation to the CFD. This action requests that the City Council conduct a Public Hearing to annex territory to the CFD.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Open the Public Hearing concerning the annexation of the JPI Cenza development project; and
2. Receive the Staff Report, consider all public testimony, ask questions of Staff; and
3. Conduct election for annexation of the JPI Cenza TOD Project Annexation to Community Facilities District No. 2014-01 (Public Services); and
4. Close the Public Hearing; and
5. Adopt the Resolution No. R-2023-47, A Resolution of the City Council of the City of Placentia, California, Making Certain Findings, Certifying the Results of an Election and Ordering the Annexation of Territory (JPI Cenza TOD Annexation) to Community Facilities District No. 2014-01 (Public Services) and Approving the Amended Map for Said District.
2.a.
June 20, 2023
City Council Agenda
June 20, 2023
STRATEGIC PLAN STATEMENT:
There is no specific Strategic Plan Goal or Objective associated with this Council action.
DISCUSSION:
In 1978, California voters enacted Proposition 13, which limited the ability of local public agencies to increase property taxes based on a property's assessed value. In 1982, the Mello -Roos Community Facilities Act of 1982 (Act) was created to provide an alternate method of financing public infrastructure and services. Under the Act, a CFD may fund public improvements with a useful life of five (5) years or more, such as park and recreational facilities, streets, sewer systems, schools, libraries, childcare facilities, and other basic infrastructure. CFDs may also fund the maintenance and servicing of public landscape areas, parks, streetlights, roads, storm drain systems, and police and fire services to maintain service levels.
In 2014, the City Council created CFD 2014-01 to provide a new revenue stream paid for by new residential developments to be used to help fund the cost of public safety services. This type of financing program, which is authorized under the Mello -Roos Community Facilities Act of 1982, envisioned the participation of all future additional new development projects, either by formation of new districts or annexation into the existing CFD.
As a condition of approval for the project, the JPI Transit -Oriented Development at 505 W.
Crowther Avenue was required to annex itself to CFD 2014-01. This project is currently under the final phase of construction and will need to be annexed into the CFD prior to receiving a Certificate of Occupancy. As part of the annexation process, the City Council adopted a Resolution of Intention (Resolution) on May 16, 2023. The Resolution set forth the terms and conditions for annexing territory into the CFD and included the rate and apportionment for the special tax to be levied and set June 20, 2023, at 7:00 p.m. as the date and time of the public hearing on the annexation. Since there are less than 12 registered voters in the territory proposed to be annexed, the election is a landowner vote of the property to be annexed into the district. As a result of the property being owned by the developer, only one vote is required to be tabulated. Tonight, in order to complete the formation proceedings, the following actions are required:
• The Public Hearing is held on June 20, 2023, at approximately 7:00 p.m. • The election is held at approximately 7:00 PM on June 20, 2023, at which time the City Clerk opens the ballots, tallies the vote and announces the results of the election. • The City Council adopts a Resolution Certifying the Election and Ordering the Annexation of Territory (JPI Annexation) to Community Facilities District No. 2014-01 (Public Services) and Approving the Amended Map for Said District (Attachment 1).
Staff is recommending the City Council for CFD No. 2014-01 to: (a) hold a public hearing; (b) assuming there is no majority protest at the public hearing, adopt the Resolution Certifying the Election and Ordering the Annexation of Territory (JPI Annexation) to Community Facilities District No. 2014-01 (Public Services) and Approving the Amended Map for Said District (Attachment 3); and (c) direct that a revised notice of special tax lien be recorded pursuant to Section 3117.5 of
City Council Agenda
June 20, 2023
the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.
FISCAL IMPACT:
For the CFD tax to be applied to a parcel, either construction must be completed or a building permit for the development needs to be issued by the City by June 1 of the preceding fiscal year.
Currently, a total of 181 residential parcels have been annexed into CFD 2014-01 since its creation. For FY 2023-24, 181 parcels will be assessed at the adjusted special tax rate of $354.36 for a total of $64,139.16 in anticipated revenue. The addition of the new annexation into the special tax district will generate additional revenue as summarized in the table below.
Development
Number of Units
Annual Unit Rate
Total Annual
Revenue
JPI Luxury
Apartments
418
$267.74
$111,915.32
The City will levy assessments on this annexed property beginning FY 2023-24.
Prepared by:
fka robtk,sbin,
Elsa Y. Robinson
Reviewed and approved:
Jennifer Lampman
Senior Management Analyst Director of Finance
Reviewed and apProved:�\ Reviewed and approved:
Luis Estevez
Damien R. Arrula
Deputy City Administrator City Administrator
Attachments:
1. Property Owner Petition
2. Resolution No. R-2023-47 — Annexation of Territory to CFD 2014-01
3. Amended Annexation Boundary Map
LANDOWNER PETITION
Requesting and Approving Annexation of Territory to
City of Placentia Community Facilities District No. 2014-01 (Public Services) To: THE HONORABLE CITY COUNCIL
ATTN: ROBERT S. MCKINNEL, CITY CLERK
401 E. CHAPMAN AVENUE
PLACENTIA, CALIFORNIA 92870
Members of the City Council:
This is a petition to institute proceedings to annex territory, namely the property identified and described at the end of this document to Community Facilities District No. 2014-01 and related matters pursuant to the Mello -Roos Community Facilities Act of 1982 (Section 53311 et seq. of the California Government Code) ("Act"). The undersigned ("Landowner") hereby petitions the City Council of the City of Placentia ("City") as follows:
1. Landowner certifies that it is the record owner of those certain lots and parcels ("Property"), which Property is more specifically identified and legally described in Exhibit "A" attached hereto and incorporated herein by reference. Landowner warrants to the City that it is such owner, or is a legally authorized representative of such owner, and that such ownership constitutes ownership of more than 10% of the Property.
2. Landowner recognizes that the Property is located within the "future annexation area" of City of Placentia Community Facilities District No. 2014-01 (Public Safety Services) ("District"), as shown on the Boundary Map entitled "Map of Proposed Boundaries of City of Placentia Future Annexation Area of Community Facilities District No. 2014-01 (Public Services)" ("Map"). The Map is recorded in the records of the Orange County Recorder at Book 94 of Maps of Assessment and Community Facilities Districts at page 47.
3. Landowner requests that the City Council undertake proceedings under the Act to annex the Property the District and to levy special taxes on the Property to finance all or a part of the public services set forth in Section 5 below. Landowner approves the annexation of the Property to the District.
4. This Petition asks that the territory to be included in the boundaries of the annexation to the District consisting of that shown on a map of the proposed boundaries for the annexation of the Property filed with the City Clerk of the City and which map is attached hereto as Exhibit "B" and hereby made a part of this Petition.
5. Landowner acknowledges receipt of the Rate and Method of Apportionment for the District entitled "RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX" ("RMA"), attached as Exhibit "C" hereto and is hereby made a part of this Petition, and that it has reviewed and preliminarily approves the RMA. Landowner further acknowledges that, upon 1 Landowner Petition
CFD No. 2014-01
annexation, the Property will be subject to an annual special tax to fund the following services, as well as the incidental expenses of administration of the District as follows:
Public Safety Services: Police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with providing such services within the District.
6. Landowner asks that the special election to be held under the Act to authorize the special taxes and to establish any appropriations limits for the annexation of the Property be conducted by the City and its officials, using a mailed or hand -delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as the public hearing on annexation to the District under the Act or as coon thereafter as possible.
7. To expedite the completion of the proceedings for annexation of the Property, the Landowner waives all notices of hearing and all published notices regarding the establishment of the District, notices of election, applicable waiting periods under the Act for the holding of any public hearing and for election and all ballot arguments and analysis for the election, it being acknowledged by Landowner that all such notices are for the benefit of Landowner and may be waived. Landowner agrees to timely complete and return a consent and waiver to be provided to Landowner by the City in order to expedite such proceedings. Landowner further hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and not step or action in any proceeding relative to the CFD or the special election shall be invalidated or affected by any such irregularity, error, mistake or departure.
8. Landowner warrants to the City that the presentation of this Petition, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by the City for the annexation into the District, shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by Landowner for the Property, including any "due -on -encumbrance" clauses under any existing security instruments secured by the Property. If requested by the City, Landowner agrees, at its expense, to supply to the City current title evidence so that the City may supply any notice and ballot required under the Act for the annexation to the District.
9. Landowner agrees to cooperate with the City, its attorneys and consultants, and provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.
10. Landowner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions of this Petition, including any amount of cash deposit required to pay for the City's costs in annexing the Property to the District.
Landowner Petition
CFD No. 2014-01
11. Landowner acknowledges that, pursuant to Section 53339.7(a) of the Mello -Roos Act, as a consequence of the consent and approval given by it in this Petition, the City Council of the City may annex the Property to the District without any further public hearings or elections.
By executing this Petition, Landowner agrees to all of the above.
The full and complete legal name of the undersigned is as follows:
The undersigned certifies under penalty of perjury under the laws of the State of California that it is authorized to execute this petition and that the foregoing is true and correct:
Owner Name:
By:
Its:
Date:
[Printed]
[Signature]
[Printed Name of Signer]
[Title]
[Date]
Landowner Petition
CFD No. 2014-01
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
BEING ALL THOSE CERTAIN PARCELS OF LAND DESCRIBED IN GRANT DEEDS RECORDED MARCH 13, 2019 AS INSTRUMENT NOS. 2019000078419, 2019000078422, 2019000078421, 2019000078420, AND 2019000078415, ALL OF OFFICIAL RECORDS OF
SAID COUNTY, ALL LYING WITHIN THAT PORTION OF LOT SEVEN IN BLOCK C
OF THE KRAEMER TRACT, AS SHOWN ON A MAP OF SURVEY MADE BY GEORGE C. KNOX IN AUGUST, 1882, AS PER MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, TOGETHER WITH ALL OF LOT 10 AND THAT PORTION OF LOT 11 OF TRACT NO. 35, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 32, MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, SAID PARCELS AS A WHOLE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID INSTRUMENT NO. 2019000078419, SAID CORNER ALSO BEING ON THE SOUTHERLY LINE OF SAID
LOT SEVEN AND THE CENTERLINE OF CROWTHER AVENUE AS PER RECORD OF SURVEY FILED IN BOOK 25 PAGE 38, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE PARALLEL TO THE EAST LINE OF SAID LOT SEVEN AND ALONG THE WESTERLY LINE OF SAID INSTRUMENT, NORTH 14'42'10" EAST, 480.73 FEET TO THE SOUTH LINE OF A STRIP OF LAND 10.00 FEET IN WIDTH, CONVEYED TO
THE CALIFORNIA, ARIZONA AND SANTA FE RAILWAY COMPANY BY A DEED FILED OCTOBER 3RD, 1951, AS DOCUMENT NO. 24150, IN THE OFFICE OF THE
REGISTRAR OF TITLES OF SAID ORANGE COUNTY, ALSO SHOWN ON SAID RECORD OF SURVEY;
THENCE ALONG SAID SOUTH LINE AND RECORD OF SURVEY, NORTH 81'35'34" EAST, 372.13 FEET TO THE WESTERLY LINE OF PARCEL 1 OF SAID INSTRUMENT NO. 2019000078415;
THENCE ALONG SAID WESTERLY LINE, NORTH 14'42'10" EAST, 7.40 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 1;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SOUTH 75'27'50" EAST, 109.00 FEET TO THE EASTERLY LINE OF SAID LOT SEVEN, ALSO BEING THE WESTERLY LINE OF SAID LOT 10;
THENCE ALONG THE WESTERLY, NORTHERLY, EASTERLY, AND SOUTHERLY LINES OF SAID LOT 10, THE
FOLLOWING FOUR (4) COURSES:
1) NORTH 14'42'10" EAST, 22.48 FEET;
Landowner Petition
CFD No. 2014-01
2) NORTH 81 '35'34" EAST, 224.59 FEET;
3) SOUTH 08'24'26" EAST, 80.00 FEET;
4) SOUTH 81'35'34" WEST, 199.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 11;
THENCE LEAVING SAID SOUTHERLY LINE ALONG THE EAST LINE OF SAID LOT 11 TO THE MOST SOUTHERLY LINE OF PARCEL 3 OF SAID INSTRUMENT NO. 2019000078415, SOUTH 08'24'26" EAST, 28.64 FEET;
THENCE ALONG SAID MOST SOUTHERLY LINE SOUTH 82'56'04" WEST, 71.26 FEET TO THE WESTERLY LINE OF SAID LOT 11, ALSO BEING THE EASTERLY LINE OF SAID LOT SEVEN;
THENCE ALONG SAID EASTERLY LINE OF LOT SEVEN, SOUTH 14.42'10" WEST, 273.55 FEET TO THE SOUTHEAST CORNER OF SAID LOT SEVEN;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT SEVEN AND CENTERLINE OF CROWTHER AVENUE, SOUTH 74'04'40" WEST, 524.41 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 5.04 ACRES, MORE OR LESS.
Assessor's Parcel Number: 339-431-02, 339-431-03, 339-431-04, 339-431-05, 339-431-06, 339-401-08, & 339-401-09
Landowner Petition
CFD No. 2014-01
EXHIBIT "B"
Property Annexation Map to
Community Facilities District No. 2014-01
(Public Safety Services)
The following map shows the extent of the proposed annexation.
Exhibit "B"
Annexation Boundaries
-B.N.S.F. RAILROAD R/W
1tinia;,J
0 7
EXHIBIT "C"
Rate and Method of Apportionment
8 RESOLUTION NO. R-2023-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, MAKING CERTAIN FINDINGS,
CERTIFYING THE RESULTS OF AN ELECTION AND
ORDERING THE ANNEXATION OF TERRITORY (JPI
ANNEXATION) TO COMMUNITY FACILITIES DISTRICT
NO. 2014-01 (PUBLIC SERVICES) AND APPROVING THE
AMENDED MAP FOR SAID DISTRICT
WHEREAS, by its Resolution No. 2014-10, the City Council established the City's Community Facilities District No. 2014-01 (Public Services) ("District") pursuant to the Mello -Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) ("Act"); and
WHEREAS, by its Ordinance No. O-2014-03, the City Council levied an annual special tax against all non-exempt parcels of real property within the District ("Special Tax") to fund public safety services; and
WHEREAS, by its Resolution No. R-2014-04, the City Council designated all territory within the City of Placentia to be a Future Annexation Area for the District; and WHEREAS, pursuant to Resolution No. R-2014-04 territory located within the Future Annexation Area may be annexed to the District upon the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed, without additional hearings; and
WHEREAS, the landowner of Assessor's Parcel Numbers 339-431-02, 339-431- 03, 339-431-04, 339-431-05, 339-431-06, 339-401-08, & 339-401-09 has submitted to the City a petition requesting, approving, and unanimously consenting to the annexation of those parcels (collectively the "Annexed Area") to the District; and WHEREAS, there has not been at least twelve (12) registered voters residing within the territory of the Annexed Area for each of the ninety days (90) preceding June 20, 2023, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the landowners of such area as such term is defined by Government Code Section 53317(f) and each such landowner who is the owner of record as of June 20, 2023, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that he, she or it owns within such Annexed Area; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of special taxes on the property within the Annexed Area to the qualified electors of the Annexed Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexed Area in that the landowners have submitted to the City a petition requesting, approving and unanimously consenting to the annexation of the Annexed Area to the District; and
WHEREAS, the City Clerk of the City of Placentia has caused ballots to be distributed to the qualified electors of the Annexed Area, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, at this time the measure voted upon and such measures did receive favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and
WHEREAS, a boundary map entitled "Amended Map of Community Facilities District No. 2014-01, JPI Annexation, of the City of Placentia, County of Orange, State of California", showing the extent of the proposed annexation, is included as Exhibit "B" to this Resolution and incorporated herein by reference ("Boundary Map") and a list of Assessor Parcel Numbers and landowners, a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference, has been submitted to the City Council; and WHEREAS, the City Council desires to annex the Annexed Area to the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all true and correct and are herein incorporated.
2. Findings. This City Council does hereby determine as follows:
A. The unanimous consent to the annexation of the Annexed Area to the District has been given by all of the landowners of the Annexed Area and such consent shall be kept on file in the Office of the City Clerk.
B. There has not been at least twelve (12) registered voters residing within the territory of the Annexed Area for each of the ninety (90) days preceding June 20, 2023, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(f).
C. The qualified electors of the Annexed Area have unanimously voted in favor of the levy of special taxes within the Annexed Area upon its annexation to the District.
3. Annexed Area. The boundaries and parcels of territory within the Annexed Area and on which special taxes will be levied in order to pay for the costs and expenses of authorized services are shown on the Boundary Map as submitted to and hereby approved by this City Council.
4. Annexation Ordered. The City Council does hereby determine and declare that the Annexed Area is hereby added to and part of the District with full legal effect. The City Council, acting as the City Council of the District, is empowered to levy the authorized special tax with the Annexed Area and as such the Annexed Area is hereby subject to the special tax levied in connection with the District.
5. Description of Services. The following is a general description of the services provided in the District:
Public Safety Services: Police protection services and fire protection and suppression services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police protection services and fire protection and suppression services and other services as defined herein, respectively, and (iv) City overhead costs associated with providing such services within the District.
It is the intention of the City Council to finance all direct, administrative and incidental annual costs and expenses necessary to provide the authorized maintenance and services.
6. Amended Boundary Map. The Boundary Map attached hereto as Exhibit "A" is hereby approved. This map amends, and does not supersede, the existing maps of the District. The City Council directs that said map be filed with the Orange County Recorder pursuant to Section 3113 of the Streets and Highways Code.
7. Notice of Special Tax Lien. The City Council directs that a revised notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexed Area associated with the Boundary Map.
8. Severability. That should any provision, section, paragraph, sentence or word of this Resolution 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 or words of this resolution as hereby adopted shall remain in full force and effect.
9. This Resolution shall be effective immediately upon adoption.
10. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
ADOPTED AND APPROVED this 20th day of June 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 20th day of May 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
EXHIBIT "A"
Ballot
EXHIBIT "B"
Amended Map of Community Facilities District No. 2014-01 JPI Annexation
EXHIBIT "C"
List of Assessor's Parcel Numbers
CITY OF PLACENTIA
Community Facilities District No. 2014-01
(Public Services)
JPI Annexation
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed postage -paid envelope to the office of the City of Placentia City Clerk no later than 7:00 p.m. on June 20, 2023, either by mail or in person. The office of the City Clerk is located at 401 East Chapman Avenue, Placentia, CA 92870.
To Vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk for the City of Placentia and obtain another.
BALLOT MEASURE: Shall special taxes be levied
annually on taxable property within the City of Placentia ('City") Community Facilities District No. 2014-01
(Public Services), County of Orange, State of California, to pay for the cost of services described in Exhibit "A" to Resolution No. R-2014-04 adopted by the City Council
on February 18, 2014, and to pay expenses incidental
thereto and to levy the collection of the special taxes, at the special tax rates and pursuant to the method of
apportioning the special taxes set forth in Exhibit "B" to Resolution No. R-2014-04.
YES:
NO:
By execution in the space provided below, I hereby declare under penalty of perjury that the voter listed below is the owner of record or authorized representative of the landowner entitled to vote this ballot. I also confirm the waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code.
Number of Votes:
Property Owner:
c/o:
Attention:
Address:
By:
Signature:
Title:
Exhibit "B"
Annexation Boundaries
'I r
'B.N.S.F. RAILROAD R/W
/ PARC6L
VACANT
/
/
tJ ( /_;)
L�
7 CRC` HEB P IENUE
List of Properties to be Annexed
APN(s)
Landowner(s)
339-431-02
339-431-03
339-431-04
339-431-05
339-431-06
339-401-08
339-401-09
V ,1--,
^' C
r
g trJ
K -
-z-•
a
3 AMENDED MAP OF
COMMUNITY FACILITIES DISTRICT NO. 2014-01
(PUBLIC SERVICES)
JPI ANNEXATION
CITY OF PLACENTIA
COUNTY OF ORANGE
STATE OF CALIFORNIA
W Sint,
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF PLACENTIA, THIS DAY OF , 2023
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF the
JPI ANNEXATION (OF
COMMUNITY FACILITIES DISTRICT NO. 2014-01 (PUBLIC SERVICES), CITY OF PLACENTIA,
COUNTY OF ORANGE,
STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF
PLACENTIA AT A REGULAR MEETING THEREOF, HELD ON THE DAY OF , 2023, BY ITS RESOLUTION NO.
CITY OF PLACENTIA
CITY CLERK
FILED THIS DAY OF , 2023 AT THE HOUR OF
O'CLOCK IN BOOK
PAGE OF MAPS OF ASSESSMENT AND COMMUNITY FACLITIES DISTRICTS AND AS INSTRUMENT NO. , AT THE REQUEST OF THE CITY OF PLACENTIA IN THE
OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA.
BY DEPUTY
COUNTY RECORDER/CLERK COUNTY OF ORANGE
THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS MAP SHALL
BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE ORANGE COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS SHOWN.
THE ORANGE COUNTY ASSESSOR'S MAP SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.
JPI Annexation
339-431-02
339-431-03
339-431-04
339-431-05
339-431-06
339-401-08
339-401-09
339-091-29
TO:
VIA:
FROM:
DATE:
Placentia City Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES & INFRASTRUCTURE JUNE 20, 2023
SUBJECT: PUBLIC HEARING AND TABULATION OF BALLOTS FOR ANNEXATION INTO COMMUNITY FACILITIES DISTRICT NO. 2018-01
FISCAL
IMPACT: ANNUAL REVENUE: $61,140.86 (800000-4505)
SUMMARY:
On April 20, 2018, the City Council adopted Resolution No. R-2018-08, establishing Community Facilities District ("CFD") 2018-01 within the City's Transit Oriented District ("TOD") to provide a non -General Fund and sustainable funding source to pay for the ongoing maintenance and repairs of the public streetscape improvements constructed within the TOD. At that time, the City Council also, in the adoption of the territory map, approved the area designated as future annexation to the CFD. Staff recommends that the City Council hold a public hearing to annex the JPI Cenza apartment building project to the CFD.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Open the public hearing concerning the annexation of the JPI Cenza apartment building project; and
2. Receive the Staff Report, consider all public testimony, ask questions of Staff; and
3. Close the Public Hearing; and
4. Accept the Petition, Consent and Waiver from the landowner for annexation to Community Facilities District No. 2018-01 (TOD CFD); and
5. Adopt the Resolution No. R-2023-48, A Resolution of the City Council of the City of Placentia, California, Making Certain Findings, Certifying the Results of an Election and Ordering the Annexation of Territory (JPI Annexation) to Community Facilities District No. 2018-01 (TOD CFD) and Approving the Amended Map for Said District.
2.b.
June 20, 2023
City Council Agenda
June 20, 2023
STRATEGIC PLAN STATEMENT:
There is no specific Strategic Plan Goal or Objective associated with this Council action.
DISCUSSION:
In 1978, California voters enacted Proposition 13, which limited the ability of local public agencies to increase property taxes based upon a property's assessed value. In 1982, the Mello -Roos Community Facilities Act of 1982 ("Act") was created to provide an alternate method of financing public infrastructure and services. Under the Act, a Community Facilities District ("CFD") may fund public improvements with a useful life of five (5) years or more, such as park and recreational facilities, streets, sewer systems, schools, libraries, childcare facilities, and other public infrastructure. CFDs may also fund the maintenance and servicing of public landscape areas, parks, streetlights, storm drain systems, and public safety services.
In 2018, the City Council created a new CFD to assist in the financing of maintenance and repairs of the new public amenities constructed within the TOD which includes street and pedestrian lighting, landscaping, storm water basins, and pedestrian amenities. All TOD developers are required to annex their properties into the District as a condition of approval for receiving their entitlements. Each fiscal year the City determines the special tax requirement and associated annual special tax rates for the CFD based upon maintenance and servicing costs within the Project. The special tax is levied and collected in perpetuity, unless and until such time the City determines that the revenue is no longer needed.
Currently, the CFD has one annexation to date. In 2017, the City Council approved the land entitlements for the Integral/Lyon Living Project, also known as "The Herald," along with a Development Agreement. The Agreement required Integral/Lyon Living to be the first project to create and annex itself into the new District. This project has been completed and received its Certificate of Occupancy in Fall 2021 and accordingly, this property was levied for the first time in Fiscal Year ("FY") 2022-23 at the rate for a Developed Multi -Family Property. The second property proposed for annexation to the CFD is the JPI Cenza development at 505 W. Crowther Avenue.
Construction of this project is nearing completion. The JPI development will need to be annexed to the CFD prior to receiving a Certificate of Occupancy.
On May 16, 2023, the City Council adopted Resolution No. 2023-31, declaring its intention to annex the JPI development into the CFD and set June 20, 2023, at 7:00 p.m. as the date and time of the public hearing on the resolution of intention. Tonight, in order to complete the formation proceedings, the following actions are required:
• The Public Hearing is held on June 20, 2023, at approximately 7:00 p.m. • The election is held at approximately 7:00 PM on June 20, 2023, at which time the City Clerk opens the ballots, tallies the vote and announces the results of the election. • The City Council adopts a Resolution Ordering the Annexation of Territory (JPI Annexation) to Community Facilities District No. 2018-01 (TOD CFD) and Approving the Amended Map for Said District (Attachment 1).
City Council Agenda
June 20, 2023
Staff is recommending the City Council for CFD No. 2018-01 to: (a) hold a public hearing; (b) assuming there is no majority protest at the public hearing, adopt the Resolution Ordering the Annexation of Territory (JPI Annexation) to Community Facilities District No. 2018-01 (TOD CFD) and Approving the Amended Map for Said District (Attachment 3); and (c) direct that a revised notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.
FISCAL IMPACT:
This project is currently under construction and this property will not be assessed in FY 2023-24.
The RMA Report for CFD 2018-01 only allows for taxing developed property and developed property is defined as property that has received a Certificate of Occupancy issued prior to May 1 of the preceding fiscal year. The new JPI Cenza annexation into the special tax district will generate future revenue as summarized in the following table:
Development
Number of Units
Annual Unit Rate
Total Annual
Revenue
JPI/Cenza
418
$146.27
$61,140.86
The City will levy assessments on this annexed property beginning FY 2024-25.
Prepared by:
,S& rOkut SOI,,
Elsa Y. Robinson
Senior Management Analyst
Reviewed and'ap ved:
Luis Estevez
Deputy City Administrator
Reviewed and approved:
Jennifer Lampman
Director of Finance
Reviewed and approved:
Damien R. Arrula
City Administrator
Attachments:
1. Property Owner Petition
2. Resolution No. R-2023-48 — Annexation of Territory to CFD 2018-01
3. Annexation Boundary Map
LANDOWNER PETITION
Requesting and Approving Annexation of Territory to
City of Placentia Community Facilities District No. 2018-01 (TOD Maintenance Services)
To: THE HONORABLE CITY COUNCIL
ATTN: ROBERT S. MCKINNEL, CITY CLERK
401 E. CHAPMAN AVENUE
PLACENTIA, CALIFORNIA 92870
Members of the City Council:
This is a petition to institute proceedings to annex territory, namely the property identified and described at the end of this document to Community Facilities District No. 2018-01 and related matters pursuant to the Mello -Roos Community Facilities Act of 1982 (Section 53311 et seq. of the California Government Code) ("Act"). The undersigned ("Landowner") hereby petitions the City Council of the City of Placentia ("City") as follows:
1. Landowner certifies that it is the record owner of those certain lots and parcels ("Property"), which Property is more specifically identified and legally described in Exhibit "A" attached hereto and incorporated herein by reference. Landowner warrants to the City that it is such owner, or is a legally authorized representative of such owner, and that such ownership constitutes ownership of more than 10% of the Property.
2. Landowner recognizes that the Property is located within the "future annexation area" of City of Placentia Community Facilities District No. 2018-01 (TOD Maintenance Services) ("District"), as shown on the Boundary Map entitled "Map of Proposed Boundaries of the Community Facilities District No. 2018-01" ("Map"). The Map is recorded in the records of the Orange County Recorder at Book 94 of Maps of Assessment and Community Facilities Districts at page 47.
3. Landowner requests that the City Council undertake proceedings under the Act to annex the Property the District and to levy special taxes on the Property to finance all or a part of the public services set forth in Section 5 below. Landowner approves the annexation of the Property to the District.
4. This Petition asks that the territory to be included in the boundaries of the annexation to the District consisting of that shown on a map of the proposed boundaries for the annexation of the Property filed with the City Clerk of the City and which map is attached hereto as Exhibit "B" and hereby made a part of this Petition.
5. Landowner acknowledges receipt of the Rate and Method of Apportionment for the District entitled "RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX" ("RMA"), attached as Exhibit "C" hereto and is hereby made a part of this Petition, and that it has reviewed and preliminarily approves the RMA. Landowner further acknowledges that, upon 1 Landowner Petition
CFD No. 2018-01
annexation, the Property will be subject to an annual special tax to fund the following services, as well as the incidental expenses of administration of the District as follows:
Services: Annual operation, maintenance and servicing, including repair and replacement of street and street lighting facilities, storm drain facilities, landscape corridors, street signage, tree maintenance, utility costs, and open space areas; any incidental expenses authorized by the Act; and any other miscellaneous or incidental services identified by the City necessary to provide the described Services herein including the collection and accumulation of funds to pay for anticipated Service, future repairs and replacements and cost shortfalls.
6. Landowner asks that the special election to be held under the Act to authorize the special taxes and to establish any appropriations limits for the annexation of the Property be conducted by the City and its officials, using a mailed or hand -delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as the public hearing on annexation to the District under the Act or as coon thereafter as possible.
7. To expedite the completion of the proceedings for annexation of the Property, the Landowner waives all notices of hearing and all published notices regarding the establishment of the District, notices of election, applicable waiting periods under the Act for the holding of any public hearing and for election and all ballot arguments and analysis for the election, it being acknowledged by Landowner that all such notices are for the benefit of Landowner and may be waived. Landowner agrees to timely complete and return a consent and waiver to be provided to Landowner by the City in order to expedite such proceedings. Landowner further hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and not step or action in any proceeding relative to the CFD or the special election shall be invalidated or affected by any such irregularity, error, mistake or departure.
8. Landowner warrants to the City that the presentation of this Petition, any waivers contained herein, casting of ballots at the property owner election and other actions mandated by the City for the annexation into the District, shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by Landowner for the Property, including any "due -on -encumbrance" clauses under any existing security instruments secured by the Property. If requested by the City, Landowner agrees, at its expense, to supply to the City current title evidence so that the City may supply any notice and ballot required under the Act for the annexation to the District.
9. Landowner agrees to cooperate with the City, its attorneys and consultants, and provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.
10. Landowner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions of this Petition, including any amount of cash deposit required to pay for the City's costs in annexing the Property to the District.
Landowner Petition
CFD No. 2018-01
11. Landowner acknowledges that, pursuant to Section 53339.7(a) of the Mello -Roos Act, as a consequence of the consent and approval given by it in this Petition, the City Council of the City may annex the Property to the District without any further public hearings or elections.
By executing this Petition, Landowner agrees to all of the above.
The full and complete legal name of the undersigned is as follows:
The undersigned certifies under penalty of perjury under the laws of the State of California that it is authorized to execute this petition and that the foregoing is true and correct:
Owner Name:
By:
Its:
Date:
[Printed]
[Signature]
[Printed Name of Signer]
[Title]
[Date]
Landowner Petition
CFD No. 2018-01
EXHIBIT "A"
LEGAL DESCRIPTION
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA,
BEING ALL THOSE CERTAIN PARCELS OF LAND DESCRIBED IN GRANT DEEDS RECORDED MARCH 13, 2019 AS INSTRUMENT NOS. 2019000078419, 2019000078422, 2019000078421, 2019000078420, AND 2019000078415, ALL OF OFFICIAL RECORDS OF
SAID COUNTY, ALL LYING WITHIN THAT PORTION OF LOT SEVEN IN BLOCK C
OF THE KRAEMER TRACT, AS SHOWN ON A MAP OF SURVEY MADE BY GEORGE C. KNOX IN AUGUST, 1882, AS PER MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, TOGETHER WITH ALL OF LOT 10 AND THAT PORTION OF LOT 11 OF TRACT NO. 35, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 32, MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, SAID PARCELS AS A WHOLE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID INSTRUMENT NO. 2019000078419, SAID CORNER ALSO BEING ON THE SOUTHERLY LINE OF SAID
LOT SEVEN AND THE CENTERLINE OF CROWTHER AVENUE AS PER RECORD OF SURVEY FILED IN BOOK 25 PAGE 38, IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE PARALLEL TO THE EAST LINE OF SAID LOT SEVEN AND ALONG THE WESTERLY LINE OF SAID INSTRUMENT, NORTH 14'42'10" EAST, 480.73 FEET TO THE SOUTH LINE OF A STRIP OF LAND 10.00 FEET IN WIDTH, CONVEYED TO
THE CALIFORNIA, ARIZONA AND SANTA FE RAILWAY COMPANY BY A DEED FILED OCTOBER 3RD, 1951, AS DOCUMENT NO. 24150, IN THE OFFICE OF THE
REGISTRAR OF TITLES OF SAID ORANGE COUNTY, ALSO SHOWN ON SAID RECORD OF SURVEY;
THENCE ALONG SAID SOUTH LINE AND RECORD OF SURVEY, NORTH 81'35'34" EAST, 372.13 FEET TO THE WESTERLY LINE OF PARCEL 1 OF SAID INSTRUMENT NO. 2019000078415;
THENCE ALONG SAID WESTERLY LINE, NORTH 14'42'10" EAST, 7.40 FEET TO THE NORTHWESTERLY CORNER OF SAID PARCEL 1;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SOUTH 75'27'50" EAST, 109.00 FEET TO THE EASTERLY LINE OF SAID LOT SEVEN, ALSO BEING THE WESTERLY LINE OF SAID LOT 10;
THENCE ALONG THE WESTERLY, NORTHERLY, EASTERLY, AND SOUTHERLY LINES OF SAID LOT 10, THE
FOLLOWING FOUR (4) COURSES:
1) NORTH 14'42'10" EAST, 22.48 FEET;
Landowner Petition
CFD No. 2018-01
2) NORTH 81 '35'34" EAST, 224.59 FEET;
3) SOUTH 08'24'26" EAST, 80.00 FEET;
4) SOUTH 81'35'34" WEST, 199.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 11;
THENCE LEAVING SAID SOUTHERLY LINE ALONG THE EAST LINE OF SAID LOT 11 TO THE MOST SOUTHERLY LINE OF PARCEL 3 OF SAID INSTRUMENT NO. 2019000078415, SOUTH 08'24'26" EAST, 28.64 FEET;
THENCE ALONG SAID MOST SOUTHERLY LINE SOUTH 82'56'04" WEST, 71.26 FEET TO THE WESTERLY LINE OF SAID LOT 11, ALSO BEING THE EASTERLY LINE OF SAID LOT SEVEN;
THENCE ALONG SAID EASTERLY LINE OF LOT SEVEN, SOUTH 14.42'10" WEST, 273.55 FEET TO THE SOUTHEAST CORNER OF SAID LOT SEVEN;
THENCE ALONG THE SOUTHERLY LINE OF SAID LOT SEVEN AND CENTERLINE OF CROWTHER AVENUE, SOUTH 74'04'40" WEST, 524.41 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 5.04 ACRES, MORE OR LESS.
Assessor's Parcel Number: 339-431-02, 339-431-03, 339-431-04, 339-431-05, 339-431-06, 339-401-08, & 339-401-09
Landowner Petition
CFD No. 2018-01
EXHIBIT "B"
Property Annexation Map to
Community Facilities District No. 2018-01
(TOD Maintenance Services)
The following map shows the extent of the proposed annexation.
Exhibit "B"
Annexation Boundaries
i 1
== B.N.S.F. RAILROAD R/W -
7 EXHIBIT "C"
Rate and Method of Apportionment
8 RESOLUTION NO. R-2023-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, MAKING CERTAIN FINDINGS,
CERTIFYING THE RESULTS OF AN ELECTION AND
ORDERING THE ANNEXATION OF TERRITORY (JPI
ANNEXATION) TO COMMUNITY FACILITIES DISTRICT
NO. 2018-01 (TOD MAINTENANCE SERVICES) AND
APPROVING THE AMENDED MAP FOR SAID DISTRICT.
WHEREAS, by its Resolution No. 2018-18, the City Council established the City's Community Facilities District No. 2018-01 (TOD Maintenance Services) ("District") pursuant to the Mello -Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) ("Act"); and
WHEREAS, by its Ordinance No. O-2018-01, the City Council levied an annual special tax against all non-exempt parcels of real property within the District ("Special Tax") to fund public safety services; and
WHEREAS, by its Resolution No. R-2023-31, the City Council has also established a procedure to allow and provide for future annexations to the District and the territory proposed to be so annexed in the future was designated Community Facilities District No. 2018-01 (TOD Maintenance Services) Future Annexation Area ("Future Annexation Area"); and
WHEREAS, pursuant to Resolution No. R-2023-31 territory located within the Future Annexation Area may be annexed to the District upon the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed, without additional hearings; and
WHEREAS, at this time the unanimous consent to the annexation of certain territory within the Future Annexation Area to the District has been received from the landowners of Assessor's Parcel Numbers 339-431-02, 339-431-03, 339-431-04, 339- 431-05, 339-431-06, 339-401-08, & 339-401-09, and such territory has been designated as JPI Annexation Area ("Annexed Area"); and
WHEREAS, there has not been at least twelve (12) registered voters residing within the territory of the Annexed Area for each of the ninety days (90) preceding June 20, 2023, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the landowners of such area as such term is defined by Government Code Section 53317(f) and each such landowner who is the owner of record as of June 20, 2023, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that he, she or it owns within such Annexed Area; and Resolution R-2023-48
WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of special taxes on the property within the Annexed Area to the qualified electors of the Annexed Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexed Area in that the landowners have submitted to the City a petition requesting, approving and unanimously consenting to the annexation of the Annexed Area to the District; and WHEREAS, the City Clerk of the City of Placentia has caused ballots to be distributed to the qualified electors of the Annexed Area, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, at this time the measure voted upon and such measures did receive favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and
WHEREAS, a boundary map entitled "Amended Map of Community Facilities District No. 2018-01, JPI Annexation, of the City of Placentia, County of Orange, State of California", showing the extent of the proposed annexation, is included as Exhibit "B" to this Resolution and incorporated herein by reference ("Boundary Map") and a list of Assessor Parcel Numbers and landowners, a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference, has been submitted to the City Council; and WHEREAS, the City Council desires to annex the Annexation Parcel to the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Recitals. The above recitals are all true and correct and are herein incorporated.
2. Findings. This City Council does hereby determine as follows:
A. The unanimous consent to the annexation of the Annexed Area to the District has been given by all of the landowners of the Annexed Area and such consent shall be kept on file in the Office of the City Clerk.
B. There has not been at least twelve (12) registered voters residing within the territory of the Annexed Area for each of the ninety (90) days preceding June 20, 2023, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(f).
C. The qualified electors of the Annexed Area have unanimously voted in favor of the levy of special taxes within the Annexed Area upon its annexation to the District.
Resolution R-2023-48
3. Annexed Area. The boundaries and parcels of territory within the Annexed Area and on which special taxes will be levied in order to pay for the costs and expenses of authorized services are shown on the Boundary Map as submitted to and hereby approved by this City Council.
4. Annexation Ordered. The City Council does hereby determine and declare that the Annexed Area is hereby added to and part of the District with full legal effect. The City Council, acting as the City Council of the District, is empowered to levy the authorized special tax with the Annexed Area and as such the Annexed Area is hereby subject to the special tax levied in connection with the District.
5. Description of Services. The following is a general description of the services provided in the District:
Services: Annual operation, maintenance and servicing, including repair and replacement of street and street lighting facilities, storm drain facilities, landscape corridors, street signage, tree maintenance, utility costs, and open space areas; any incidental expenses authorized by the Act; and any other miscellaneous or incidental services identified by the City necessary to provide the described Services herein including the collection and accumulation of funds to pay for anticipated Service, future repairs and replacements and cost shortfalls.
It is the intention of the City Council to finance all direct, administrative and incidental annual costs and expenses necessary to provide the authorized maintenance and services.
6. Amended Boundary Map. The Boundary Map attached hereto as Exhibit "B" is hereby approved. This map amends, and does not supersede, the existing maps of the District. The City Council directs that said map be filed with the Orange County Recorder pursuant to Section 3113 of the Streets and Highways Code.
7. Notice of Special Tax Lien. The City Council directs that a revised notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.
8. Severability. That should any provision, section, paragraph, sentence or word of this Resolution 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 or words of this resolution as hereby adopted shall remain in full force and effect.
9. This Resolution shall be effective immediately upon adoption.
10. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
Resolution R-2023-48
ADOPTED AND APPROVED this 20th day of June 2023.
Ward L. Smith, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 20" day of June 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2023-48
EXHIBIT "A"
Ballot
Resolution R-2023-48
EXHIBIT "B"
Amended Map of Community Facilities District No. 2018-01 JPI Annexation
Resolution R-2023-48
EXHIBIT "C"
List of Assessor's Parcel Numbers
Resolution R-2023-48
List of Properties to be Annexed
APN(s)
Landowner(s)
339-431-02
339-431-03
339-431-04
339-431-05
339-431-06
339-401-08
339-401-09
Resolution R-2023-48
O CFD 2018-01 Boundaries
® Future Annexation Area
AMENDED MAP OF
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT NO. 2018-01
(TOD MAINTENANCE AREA)
COUNTY OF ORANGE
STATE OF CALIFORNIA
CLERK'S MAP FILING STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF
THE CITY OF PLACENTIA THIS DAY
OF . 2023.
CITY CLERK
CLERK'S MAP CERTIFICATE
I DO HEREBY CERTIFY THAT THE WITHIN MAP
SHOWING THE PROPOSED BOUNDARIES OF
CITY OF PLACENTIA COMMUNITY FACILITIES
DISTRICT NO 2018-01(TOD AREA MAINTENANCE)
COUNTY OF ORANGE, STATE OF CALIFORNIA
WAS APPROVED BY THE CITY COUNCIL
AT A REGULAR MEETING THEREOF HELD
ON THE DAY OF , 2023
BY ITS RESOLUTION NO,
CITY CLERK
RECORDER'S CERTIFICATE
FILED THIS DAY OF , 2023
AT THE HOUR OF O'CLOCK M
IN BOOK OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICTS
AT PAGE . IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY
ORANGE, STATE OF CALIFORNIA.
COUNTY RECORDER, COUNTY OF ORANGE
CFD NO 2018-01
Assessor Parcel Numbers:
339-431-02 339-431-06
339-431-03 339-401-08
339-431-04 339-401-09
339-431-05 339-091-29
CITY OF PLACENTIA
Community Facilities District No. 2018-01
(TOD Maintenance Services)
JPI Annexation
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed postage -paid envelope to the office of the City of Placentia City Clerk no later than 7:00 p.m. on June 20, 2023, either by mail or in person. The office of the City Clerk is located at 401 East Chapman Avenue, Placentia, CA 92870.
To Vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk for the City of Placentia and obtain another.
BALLOT MEASURE: Shall special taxes be levied
annually on taxable property within the City of Placentia (`City") Community Facilities District No. 2018-01
(TOD Maintenance Services), County of Orange, State
of California, to pay for the cost of services described in Exhibit "A" to Resolution No. R-2018-08 adopted by the
City Council on February 20, 2018, and to pay expenses
incidental thereto and to levy the collection of the special taxes, at the special tax rates and pursuant to the
method of apportioning the special taxes set forth in
Exhibit "B" to Resolution No. R-2018-08.
YES:
NO:
By execution in the space provided below, I hereby declare under penalty of perjury that the voter listed below is the owner of record or authorized representative of the landowner entitled to vote this ballot. I also confirm the waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code.
Number of Votes:
Property Owner:
c/o:
Attention:
Address:
By:
Signature:
Title:
O CFD 2018-01 Boundaries
® Future Annexation Area
AMENDED MAP OF
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT NO. 2018-01
(TOD MAINTENANCE AREA)
COUNTY OF ORANGE
STATE OF CALIFORNIA
CLERK'S MAP FILING STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF
THE CITY OF PLACENTIA THIS DAY
OF , 2023.
CITY CLERK
CLERK'S MAP CERTIFICATE
I DO HEREBY CERTIFY THAT THE WITHIN MAP
SHOWING THE PROPOSED BOUNDARIES OF
CITY OF PLACENTIA COMMUNITY FACILITIES
DISTRICT NO 2016-01(TOD AREA MAINTENANCE)
COUNTY OF ORANGE, STATE OF CALIFORNIA
WAS APPROVED BY THE CITY COUNCIL
AT A REGULAR MEETING THEREOF HELD
ON THE DAY OF , 2023
BY ITS RESOLUTION NO.
CITY CLERK
RECORDER'S CERTIFICATE
FILED THIS DAY OF , 2023
AT THE HOUR OF O'CLOCK M
IN BOOK OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICTS
AT PAGE . IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY
ORANGE. STATE OF CALIFORNIA.
COUNTY RECORDER, COUNTY OF ORANGE
CFD NO 2018-01
Assessor Parcel Numbers:
339-431-02 339-431-06
339-431-03 339-401-08
339-431-04 339-401-09
339-431-05 339-091-29
Placentia Cit Council
AGENDA REPORT
TO:
VIA:
FROM:
DATE:
SUBJECT: PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER 2022
ANNUAL REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR / SUPPORT AND EMERGENCY SERVICES JUNE 20, 2023
FISCAL
IMPACT: NONE
SUMMARY:
On July 1, 2020, the Placentia Public Safety Communications Center began call processing and dispatching the City's new Fire and EMS services, in addition to handling the Placentia Police Department operations. This Report ("Report") is a summary of the work accomplished by the Placentia Public Safety Communications Center from January 1, 2022 through December 31, 2022.
RECOMMENDATION:
It is recommended that the City Council take the following action:
Receive and file a copy of the completed 2022 Annual Report.
DISCUSSION:
The Placentia Public Safety Communications Center completed an Annual Report for the period of January 1, 2022 through December 31, 2022. This past year the Communications Center triaged 56,000 calls with over 5,000 calls for medical and fire events. The Report gathers information about Communications Center activity throughout the year and is a produced publication that summarizes events, statistics, budget, and the Communications Center highlights and accomplishments. This Report was produced for the public to relay information about the Communications Center performance, accomplishments, and strategic goals for 2022.
Prepared by:
Stefal ie Acosta -Reyes
Communications Manag
Reviewed and approved:
a
Rosanna Ramirez
Deputy City Administrator
3.a.
June 20, 2023
City Council Agenda
June 20, 2023
Reviewed and approved:
a7//'4441.4,_ d44.2) far
Da ien R. Arrula
City Administrator
Attachments:
1. Placentia Public Safety Communications Center 2022 Annual Report
2. Presentation of Placentia Public Safety Communications Center Annual Report
PLACENTIA PUBLIC SAFETY
COMMUNICATIONS
eL Annual
Report
coM\
20 22
TABLE OF
CONTENTS
1 2
3 4
5 6
CITY OFFICIALS
MISSION & VISION
ABOUT PPSC
STAFFING
DISPATCH
OPERATIONS
STAFF TRAINING &
DEVELOPMENT
7 8
9 10
11 12
13 COMMUNITY
OUTREACH
AWARDS &
CELEBRATIONS
POLICE OPERATIONS
FIRE EVENTS
EMS EVENTS
ACCOMPLISHMENTS
CENTER GOALS
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2022
• •
•
CITY OFFICIALS
Ward L. Smith
MAYOR,
DISTRICT 5
Jeremy B. Yamaguchi
MAYOR PRO TEM,
DISTRICT 3
Rhonda Shader Kevin Kirwin Chad P. Wanke
COUNCILMEMBER, COUNCILMEMBER, COUNCILMEMBER,
DISTRICT 1 DISTRICT 2 DISTRICT 4
Robert S. McKinnell
CITY CLERK
Kevin A. Larson
CITY TREASURER
• • • •
• • • •
• • • •
• • • •
• • • •
Damien R. Arrula
CITY
ADMINISTRATOR r
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2022
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2022
•
We aspire to become a
communications center who is
respected and admired by our
public safety peers and the
citizens of Placentia. We want
to do the right thing, at the
right time, for the right reason.
MISSION
Our Public Safety
Communications Center is
committed to providing
exceptional service to the
citizens and responders of
the City of Placentia using
the highest standards to
protect life and property.
VISION
ABOUT US
With our staff growing this year, we revamped our division's core values.
The values that are most important to our personnel include:
• Wellness - this includes all aspects of mental, physical, and emotional wellness
• Integrity - honesty and good moral character are vital in our profession
• Teamwork - remaining a cooperative partner influences efficiency • Service - we strive to provide the best service to our partners and community
•
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2022
,;•-•
•
• • • • •
• • • • •
• • • • •
STAFFING
Recruitment and hiring has been the priority for our
Center over the past year. We are pleased to
announce we are close to reaching our goal of full
staffing.
Budgeted
2021
2022
Supervisor
3 2
2 Dispatcher-
FT
12 8
11 Dispatcher-
PT
4 3
3 Our department has hosted various Peace Officer
Standards & Training exams, posted recruitments on
various social media outlets, as well as posted job
announcements on various telecommunicator forums.
We have expanded recruitment efforts by posting career
opportunities on the e -boards along California State
Route 57, as well as reaching out to local educational
institutions to participate in job fairs and career days. V
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2022
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2O22
DISPATCH
OPERATIONS
In 2022, our personnel:
• Processed 14,128 • Triaged 42,116
emergency (911) calls Administrative calls
• Generated 28,898 police • Entered 5,645 fire and
calls for service
EMS calls for service
r
Average % for 9-1-1 calls answered
within 15 seconds
99.48%
Average % for 9-1-1 calls answered
within 20 seconds
99.64%
Both call answering times continue to
exceed the NENA standard!
(National Emergency Number Association)
Supervisor Megan Rodriguez is hard at work
monitoring and responding to our Fire and EMS units.
STAFF TRAINING &
DEVELOPMENT
Our dispatch center personnel
completed training to become
certified by the National Center for
Missing & Exploited Children. An
application to become a member of
the Missing Kids Readiness
Program has been submitted and is
awaiting approval. Once approved,
our center will be one of three
agencies in California to be
recognized for the National Center
for Missing & Exploited Children
Program.
All Communications staff was
recertified in the International
Academies of Emergency Dispatch
(IAED) EMD and EFD protocols, as
well as completed CPR & First Aid
recertification.
Each staff member completed the
required California POST training
hours for the training period. This
includes a minimum of 24 career
development hours.
Once our center is fully staffed, we
will begin the IAED accreditation
process.
tirlent
VirePii i
*Ara
AN 7vIIIK
Several of our dispatchers also aim to become a certified Emergency Number Professional (ENP) through the National Emergency Number Association.
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2022
• • • •
•
•
• •
vl
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2022
COMMUNITY
OUTREACH
Several of our dispatchers assisted with various community events throughout the year. These events included:
111
• Police Department Citizens Academy "! ECG
• Placentia Citizens Academy
• Spanish language Police Department
Citizens Academy
• Orange County Radio Rodeo
If 1
•
What Next?
PPSC staff will participate in various
Career Day events hosted by
surrounding schools, as well as
participate in the 2023 National Night
Out event.
• • • •
• • • •
• • • •
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2022
AWARDS &
CELEBRATIONS
Celebrating success is extremely important to our group. Because dispatchers are seldom seen and do not get the recognition they deserve, we make it a priority to show our appreciation and pride for a job well done.
In 2022, the following awards were
distributed:
• Life Saver Awards - 5
• First Responder Recognition Award
• Stork Pins - 2
• Atta Girl/Boy - 2
Telecommunications Week was
celebrated by the group April 8th through
the 14th. During the week of festivities,
dispatchers were able to participate in
games and win prizes, dress up in
themed attire, and were shown how
much they are appreciated by our
community and public safety partners.
2022 POLICE OPERATIONS
From January through December 2022 our Communications
Center staff processed 28,898 police events.
Based on the initial information provided by each caller, the event is prioritized in one of four categories- in progress, just occurred, reports and informational.
• •
*Data extracted from Mark 43 CAD
EVENTS
Priority
13%
Priority 4
33%
Priority 3
26%
• Priority 1 are the highest priority, which is used when the physical well-being of a person is in jeopardy or reports of crimes in progress
• Priority 2 events do not require an emergency response but should be dispatched as soon as possible
• Priority 3 incidents are informational or the time element indicates no threat to persons or property
• Priority 4 events are the lowest priority which include public contacts, administrative funcitions or informational incidents.
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2O22
• • • •
• • • •
• • • •
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2022
2022 FIRE EVENTS
From January through December 2022 our Center staff
processed 5,099 fire and EMS events. There was a total
of 1,334 events that resulted in a fire apparatus response.
Structure Fires Structure Fires
FIRE
Other II
13%
Service
27%
Mutual Aid
14%
004
Traffic Collision Alarms
19% 24%
*Data extracted from M ark 43 CAD
The most common fire events are traffic collisions, alarms, service calls and mutual aid requests.
Structure fires made up 3% of our call volume for the year.
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2022
2022 EMS EVENTS
From January through December 2022 our Center staff
processed 5,099 fire and EMS events. Of these events,
there were 3,765 that were medical in nature.
MEDICAL
Unknow
Problem
9%
Breathing
Problems
10%
*Data extracted from Mark 43 CAD
The most common medical responses continue to be fall
victims, sick persons, breathing problems, and unknown
problem/person down events.
• • •
• • •
•
•
• • • • /
•
ACCOMPLISHMENTS
Our division hosted a 4 -week classroom orientation training for newly hired dispatchers. During the orientation the new employees were provided basic knowledge, codes and terms regarding dispatch center operations.
Planning for the new public safety building is underway. The new communications center is anticipated to house eight consoles and will provide additional space for offices, a training room and enhanced 911 operations.
• • /
I
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2022
IP
IP
• • •
• • •
•
•
PLACENTIA PUBLIC SAFETY COMMUNICATIONS CENTER
ANNUAL REPORT 2022
CENTER GOALS
Some of the goals established in the 2021 Annual Report have been attained within the past year. These include establishing an employee wellness program, establishing a social media presence, and participation in the Police Department Citizens Academy as well as the City Citizens Academy.
Achievements our Center are still working toward:
• To become fully staffed with all full time positions filled • Participate in the 2023 National Night Out
• Provide 9-1-1 for Kids education to our local schools • Participate in local high school and college career day presentations • Implementation of a quality assurance program for police events • Attain Accreditation through International Academies of Emergency Dispatch
CTO Melissa Gibboney presented at
paw
the City Citizen's Academy.
CTO Alex Contreras and CTO Sheila
Rodriguez presented at the Spanish
language Police Department
Citizen's Academy.
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CONTACT
US
714-993-8111
�e
@placentia_public_safety_comm
www.placentia.org
v
401 E. Chapman Ave.
Placentia, CA 92870
PLACENTIA PUBLIC
SAFETY
COMMUNICATIONS
THANK
YOU
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The Communications Center
staff would like to thank the
continued support of City
Administration, City Council,
our partners at the Placentia
Police Department, Placentia
Fire and Life Safety and Lynch
Ambulance, as well as our
community.
Placentia Public Safety Communications
2022 Annual Report
June 20, 2023
1 Organizational Chart
Communications
Manager
Stefanie
Acosta -Reyes
Communications
Supervisor
Megan Rodriguez
Lead Dispatcher
Communications Communications
Supervisor Supervisor
Brittney Oldham
Communications
Training Officers
Vacant
Dispatchers Dispatch Trainees
1 Introduction
We are a Public Safety Communications Center
answering 9-1-1 emergency calls for police, fire
and emergency medical needs throughout the
City of Placentia. Our center is staffed 24 hours a
day, seven days a week by a team of skilled and
dedicated Public Safety Dispatchers who strive to
make your experience with our police and fire
departments a positive one.
Our Mission
Our Public Safety Communications Center is
committed to providing exceptional service to
the citizens and responders of the City of
Placentia using the highest standards to protect
life and property.
Values
Understanding our staff was comprised of new employees, we re- evaluated our Core Values at the end of 2022. We aimed to simplify and be ready to recite the values our group felt were most important and would guide our daily activities.
W.I.T.S
WELLNESS INTEGRITY TEAMWORK SERVICE
Staffing
10 FT dispatcher positions filled
3 PT dispatcher positions filled
2 supervisor positions are filled
*3rd supervisor position actively recruiting
BUDGETED
1 3
12 4
2021
1 2
8 3
2022
1 2*
11 3
POSITION
Manager
Supervisors
Dispatchers
(FT)
Dispatchers
(PT)
Effective December 2022
Operational Performanc
The National Emergency Number Association (NENA) has updated the standards for answering 9-1-1 calls. The NENA model recommendation was recently changed and reads as follows:
Ninety percent (90%) of all 9-1-1 calls arriving at the Public Safety Answering Point (PSAP) SHALL be answered within (≤) fifteen (15) seconds.
Ninety-five (95%) of all 9-1-1 calls SHOULD be answered within (≤) twenty (20) seconds.
The goal of Communications Center management is to continue to exceed the national standards established by NENA.
Call Volume °- Performrinr
Our Communications Center triaged over 56,000 calls throughout the Y
ear.
Handled 14,128, 9-1-1 calls
Managed and processed 42,116 administrative calls
Average percentage for 9-1-1 calls answered within 15 seconds: 99.48% Average percentage for 9-1-1 calls answered within 20 seconds: 99.64% The PPSCC continues to exceed the NENA recommendation of 90%!
Police Operations
28,898 calls for service dispatched throughout the year.
These calls are categorized by priority 1, 2, 3 and 4 and are dispatched according to priority. EVENTS
o Priority 1- 3,803
o Priority 2- 7,888
o Priority 3- 7,597
o Priority 4- 9,610
*Data extracted from Mark 43 CAD
Fire Operations
Dispatched over 5,000 medical and
fire events.
3,765 Medical calls
1,334 Fire calls
Most common calls for service are
listed here.
FIRE
Service
27%
Alarms
24%
Structure Fires
3%
Other
13%
Mutual Aid
14%
Traffic Collision
19%
*Data extracted from Mark 43 CAD
CMS Operations
MEDICAL
Dispatched over 5,000 medical and
fire events.
3,765 Medical calls
1,334 Fire calls
Most common calls for service are
listed here.
Unknown
Problem
9%
*Data extracted from Mark 43 CAD
Breathing
Problems
10%
Staff Training & Development
• Recertification of EMD & EFD
• California Peace Officer
Standards & Training
certification
• Missing Kids Readiness
EMD
REMOTE
EFD
REMOTE
Program
• Various monthly training
(laViiii.
mRATICNALCEFJTER FOR
CHI LD REN.
Community Outreach and Participation
• Placentia Police Department
Citizens Academy
• Placentia Police Department
Spanish language Citizens
Academy
• City of Placentia Citizens
Academy
• Orange County Radio Rodeo
Awards & Celebrations
• Telecommunicators Appreciation Week
(every 2nd full week in April)
• 5 Life Saver Awards
• 2 Stork Pins
• Successful release
from training of
two employees
Accomplishments
• Hosted a 4 -week classroom
orientation training
• Hosted the Emergency Medical
Dispatch and Emergency Fire
Dispatch courses at City Hall
• Applied for the National Center
for Missing & Exploited Children
Missing Kids Readiness Program
• Began planning and design for
the new Public Safety Building
Goals
• Fill ALL remaining vacant positions
• National Night Out participation in August 2023
• Develop and implement a quality assurance & improvement program for police incidents
• Create a 911 Kids Education Program
• Career Day presentations at local schools and colleges • Attain Accreditation through International Academies of Emergency Dispatch (IAED)
Questions & Comments