Agenda packet — Placentia City Council, September 17, 2024 (part 5 of 6)

(Use of City Bond Form is Required)

LABOR AND MATERIAL PAYMENT BOND

PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENT:

WHEREAS, , as Principal, has
entered into a contract dated , with the City of Placentia (Obligee) referred to and made a part hereof to perform the following work, to wit:
and all appurtenant work in accordance with PROJECT NO. , which requires Principal to file this bond to secure claims made in relation to the project.

NOW THEREFORE, we, , as Principal,
and , a corporation organized under the
laws of and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of Placentia, as Obligee, and all sub- contractors, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of Dollars ($ ),
lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

If the above bounden PRINCIPAL, his or its heirs, executors, administrators, successors, assigns, or any of his or its sub -contractors, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor to persons named in Section 9100 or the Civil Code, thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor deducted, withheld and paid over to the Employment Development Department from the wages of employees of the contractor and sub -contractors pursuant to Section 13020 of the Unemployment Insurance Code, that the SURETY on this bond will pay the same, in an amount not exceeding the sum specified in this bond, AND ALSO, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

As part of the obligation secured hereby, the SURETY shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under 594

Project No.

Page 2 of 2 ends

any such contract or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under the Civil Code so as to give them a right of action in a suit on this bond.

This bond is executed for the purpose of complying with the laws of the State of California and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.

IN WITNESS THEREOF, we have hereunto set our hands and seals this day of , 20
(Corporate Seal)
Principal
By
Title
(Corporate Seal)
Principal
By
Title
APPROVED AS TO FORM:
/s/ Christian L. Bettenhausen
City Attorney
595

Project No.

Page 1 of 1 ends

(Use of City Form is Required)

SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL
If an individual, so state. If a firm or co -partnership, state the firm and give the names of all individual co-partners composing the partnership. If a Corporation, state legal name of corporation; state also the names of the president, secretary, treasurer and manager thereof.

Business Address:

Telephone Number:

Date:

Print Name:

Principal
Signature:

Title
596

Project No.

Page 1 of 1 ends

(Use of City Form is Required)

TAX IDENTIFICATION NUMBER
The Tax Equity and Fiscal Responsibility Act of 1982 requires the payer (City of Placentia) to report to the Internal Revenue Service taxable payments to payees.

You (as a payee) are required by law to provide us with your Taxpayer Identification Number (if an individual or partnership, your Social Security Number). If you do not provide us with your correct identification number, you may be subject to a penalty imposed by the Internal Revenue Service. The payments subject to withholdings may include, but are not limited to, interest, dividends, or other payments the City of Placentia and/or the Placentia Redevelopment Agency made to you. Other payments may include rents, royalties, commissions and fees for service of non -employees.

If you are exempt from income tax, we are still required, by law, to maintain a Tax Identification Number on file. PLEASE PROVIDE YOUR TAX IDENTIFICATION NUMBER next to the appropriate listing below, sign, date and return to:

CITY OF PLACENTIA FINANCE DEPARTMENT
401 E. Chapman Ave.

Placentia, CA 92870
Exempt: Yes No Telephone ( )
CORPORATION:

U.S.A. OR ANY AGENCIES THEREOF:

IRS CODE #501 TAX-EXEMPT ORGANIZATION:

A NON-COMMISSIONED CITY OF PLACENTIA EMPLOYEE:

SOLE PROPRIETOR:

A PARTNERSHIP:

OTHER: (Explain)
Signature/Title: Date:
597

Project No.

BID GUARANTEE

TO THE CITY OF PLACENTIA
PROJECT NO.

As a material inducement to the City to award the contract for Project No. to , the undersigned ("Guarantor") has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: ("the work").

Guarantor guarantees that the materials and equipment used by itself and its subcontractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City's sole election: 1) reimburse the City, upon written demand, for all of the City's expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for five years from the date on which the contracted for work is accepted for use by the City.

Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned.

The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.

If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.

If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor's failure or refusal.

Guarantor
Contractor:

Title:

Date:

By:
598

Project No.

CITY OF PLACENTIA

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENT: That,
WHEREAS, the CITY OF PLACENTIA (hereinafter called the "City") has awarded to , a California corporation (hereinafter "Principal"), an Agreement, dated 20 ("Agreement"), whereby Principal agreed to provide construction services including WHEREAS, the Public Work to be performed by the Principal is more particularly set forth in the Agreement which is incorporated herein by reference and made a part hereof; and WHEREAS, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement;
NOW, THEREFORE, we, , as Principal, and as Surety, are
held and firmly bound unto the City in the sum of Dollars ($ ), this amount being not less than one hundred percent (100%) of the total contract price under Agreement, lawful money of the United States of America for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the obligation shall become null and void if the above -bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by well and truly keep and perform all the undertakings, terms, covenants, conditions, and agreements in the said Agreement and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officer, agents and employees, as therein stipulated; otherwise it shall be and remain in full force and virtue.

As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred in successfully enforcing the obligation on the bond, all to be taxed as costs and included in any judgment rendered.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Agreement, the contract documents or of the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extensions of time, alteration or modification of Agreement, the contract documents or of the work to be performed thereunder.

Surety's obligation shall be a guarantee of payment and performance and shall not be diminished by any bankruptcy or reorganization in bankruptcy or liquidation or the result of the foregoing or otherwise of Principal. Accordingly, the filing of any petition in bankruptcy or for rearrangement or reorganization or liquidation (or proceedings similar in purpose or effect) of Principal under any Federal or State laws ("Insolvency Case") will not toll or delay the date due for payment or performance hereunder as more particularly specified in of the Construction Management Agreement. The City shall be not be required to await the outcome of an Insolvency Case or to enforce any of their respective rights under the Agreement, respectively, prior to 599

Project No.
obtaining payment in full from Surety. If for any reason payment received by the City in respect of the obligations of the Principal under the Agreement guaranteed pursuant to this bond is rescinded or must be returned or restored by the City, this bond shall be automatically reinstated and shall continue to be in effect as if such payment had not been made.

Collection of liquidated damages by City due to Principal's failure to timely achieve Substantial Completion shall not limit, modify, or act as an offset or credit against Surety's obligation to arrange for or cause the completion of the Public Work as and when required by the Agreement.

IN WITNESS WHEREOF three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Seal)
SURETY
By
(Seal)

PRINCIPAL
By X
x

ADDRESS ADDRESS
APPROVED: Two (2) Notarized Signatures required
from all Corporations.

CITY ATTORNEY

INSTRUCTIONS

1. The above bond must be executed by both the Principal and the Surety.

2. If the Principal is a corporation, the bond must be executed in the corporate name and signed by the President or a Vice -President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principal is a partnership, all partners must sign it. If the Principal is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also.

The bond must be notarized by both the Principal and the Surety.

3. The City Attorney of the City of Placentia must approve the bond.

4. The bond, after approval, must be filed with the City Clerk of the City of Placentia. 600

Project No.

STATEMENT OF NON -COLLUSION BY CONTRACTOR
The undersigned who submits herewith to the City of Placentia a bid or proposal does hereby certify:
a. That all statements of fact in such bid or proposal are true. b. That such bid or proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. c. That such bid or proposal is genuine and not collusive or sham. d. That said bidder has not, directly or indirectly by agreement, communication or conference with anyone, attempted to induce action prejudicial to the interest of the City of Placentia or of any other bidder or anyone else interested in the proposed procurement. e. Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid or proposal, or that anyone should refrain from bidding or withdraw his bid or proposal.
f. Did not in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bid or proposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his bid or proposal price, or that of anyone else.

Did not, directly or indirectly, submit his bid or proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member agent thereof, or to any individual or group of individuals, except to the City of Placentia, or to any person or persons who have a partnership or their financial interest with said bidder in his business. h. Did not provide, directly or indirectly to any officer or employee of the City of Placentia any gratuity, entertainment, meals, or anything of value, whatsoever, which could be objectively construed as intending to invoke any form of reciprocation or favorable treatment. i. That no officer or principal of the undersigned firm is related to any officer or employee of the city by blood or marriage within the third degree or is employed, either full or part time, by the City of Placentia either currently or within the last two (2) years.

That no officer or principal of the undersigned firm nor any subcontractor to be engaged by the principal has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy or any other act in violation of any State or Federal antitrust law in connection with the bidding upon award of, or performance of, any public work contract, with any public entity, within the last three years.
g.

I certify, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that this certification was executed:

On at California.

Firm
Street
City State Zip
(Signature)
(Print Name & Title)
601

Project No.

EXHIBIT A

SCOPE OF SERVICES
602

Project No.

EXHIBIT B

SCHEDULE OF PERFORMANCE
603

Project No.

EXHIBIT C

INSURANCE REQUIREMENTS
604

Project No.

EXHIBIT D

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
605

co
O
ACORO®

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
09/10/2024
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
MARSH USA, LLC.

Two Alliance Center
3560 Lenox Road, Suite 2400
Atlanta, GA 30326
Attn: [email protected] / Fax: 212-948-4321 CN102326389-CAS-GAUWX-23-24
CONTACT Justin Llizo
NAME:
(A/C r o.Ext): (202) 258-5895 PHONE FAX
No):

E-MAIL
ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : Evanston Insurance Company
35378

INSURED
PlayCore Wisconsin, Inc.

Dba GameTime
150 PlayCore Drive SE
Fort Payne, AL 35967
INSURER B : Continental Casualty Company
20443
INSURER C : American Casualty Company Of Reading, Pa
20427
INSURER D : —rans)ortation Insurance Co
20494
INSURER E : N/A
N/A
INSURER F : The Continenta nsurance Company
35289

COVERAGES
CERTIFICATE NUMBER:

ATL-005801687-00
REVISION NUMBER: 0

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
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
MKLV2PBC002287
08/01/2024
08/01/2025

EACH OCCURRENCE
$ 2,000,000

CLAIMS -MADE
X
OCCUR

DAMAGE TO RENTED
PREMISES Ea occurrence)
$ 100,000
X
SIR $250,000 Per Occ.

MED EXP (Any one person)
$ 10,000
PERSONAL 8 ADV INJURY
$ 2,000,000
GEN'L

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES
JE
PER:

LOC

GENERAL AGGREGATE
$ 4,000,000

PRODUCTS - COMP/OP AGG
$ 4,000,000

POLICY AGGREGATE
$ 10,000,000
B

AUTOMOBILE
X

LIABILITY

ANY AUTO
OWNED

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
BUA 7039895527
08/01/2024
08/01/2025
COMBI(Ea NED SINGLE LIMIT
accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$

PROPERTY DAMAGE
(Per accident)
$
Comp,/Coll, Ded.: $1,000
$
F
x

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
7039984806
RETENTION Umb Catastrophe $25,000
08/01/2024
08/01/2025

EACH OCCURRENCE
$ 10,000,000

AGGREGATE
$ 10,000,000
DED
X
RETENTION $ 0
$
C
C
D
C

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
It yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N
N/A
WC 7 39895530
WC 7 39895544
WC 7 39918871
WC 7 39929062
08/01/2024
08/01/2024
08/01/2024
08/01/2024
08/01/2025
08/01/2025
08/01/2025
08/01/2025
X
PER

STATUTE
0TH -
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: McFadden Park
The City of Placentia, its officers, officials, employees, agents, and volunteers are listed as additional insured, in regard to services performed by the Insured, on a primary and non-contributory basis, on the General Liability via CG 2010 & CG 2037 (04/13 versions) and Automobile Liability via CA 2048, when required by written contract. A Waiver of Subrogation applies in favor of the additional insureds on all policies, when required by written contract.

CERTIFICATE HOLDER

CANCELLATION
City of Placentia
Attn: City Administrator
401 E. Chapman
Placentia, CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

AUTHORIZED REPRESENTATIVE
of Marsh USA LLC
ACORD 25 (2016/03)
© 1988-2016 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

AGENCY CUSTOMER ID: CN102326389
LOC #: Atlanta
ACORL

ADDITIONAL REMARKS SCHEDULE

Page 2 of 2 ends

AGENCY
MARSH USA, LLC.

NAMED INSURED
PlayCore Wisconsin, Inc.

Dba GameTime
150 PlayCore Drive SE
Fort Payne,AL 35967

POLICY NUMBER

CARRIER

NAIC CODE
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers' Compensation (Continued):

Carrier: Transportation Insurance Company
Policy Number: WC 7039918885
Dates: 08/01/2024 - 08/01/2025
WC 7 39895530 - AL,CO,FL,GA,ID,IL,IN,KS,KY,MA,ME,MD,MI,MN,MO,MT,NV,NY,NC,OK,PA,SC,TN,TX,UT,VA WC 7 39895544 - CA
WC 7 39918871 - AZ, OR, WI
WC 7039918885- OH, ND, WY, WA
ACORD 101 (2008/01)
© 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

POLICY NUMBER: MKLV2PBC002287
EFFECTIVE: AUGUST 1, 2024
EXPIRES: AUGUST 1, 2025

COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location(s) Of Covered Operations
As required by written contract executed by both parties prior to loss
All locations
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

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
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 additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

C. 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
© Insurance Services Office, Inc., 2012 Page 1 of 2
CG 20 10 04 13

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 Page 2 of 2
CG 20 10 04 13

POLICY NUMBER: MKLV2PBC002287
EFFECTIVE: AUGUST 1, 2024
EXPIRES: AUGUST 1, 2025

COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

As required by written contract executed by both parties prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
© Insurance Services Office, Inc., 2008 Page 1 of 1
CG 24 04 05 09

EFFECTIVE: AUGUST 1, 2024
EXPIRES: AUGUST 1, 2025
POLICY NUMBER: MKLV2PBC002287

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
© Insurance Services Office, Inc., 2012 Page 1 of 1
CG 20 01 04 13

Product Name
CNA
1 It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows:

SCHEDULE
Name of Additional Insured Persons Or Organizations
" Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to t le date of nss "

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: 08/01/2024
Endorsement No: 59; Page: 1 of 1
Underwriting Company: CONTINENTAL CASUALTY COMPANY
Policy No: BUA7039895527
Policy Effective Date: 08/01/2024
Policy Page: 165 of 221
© Copyright CNA All Rights Reserved.

Product Name
CNA
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 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: PlayCore Group, Inc.

Endorsement Effective Date: 08/01/2024

SCHEDULE
Name Of Person(s) Or Organization(s): " Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss." Information required 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.

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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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

Schedule
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TRANSPORTATION INSURANCE COMPANY
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WC739918871; WC739929062
Policy Effective Date: 08/01/2024
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Copyrig
it
1983 National Council on Compensation
nsurance.

POLICY NUMBER: MKLV2PBC002287
EFFECTIVE: AUGUST 1, 2024
EXPIRES: AUGUST 1, 2025

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:

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SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Location And Description Of Completed Operations
As required by written contract executed by both
parties prior to loss
All locations
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
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will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
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If coverage provided to the additional insured is
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This endorsement shall not increase the applicable
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CNA
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO

SCHEDULE
Name of Person or Organization: " Any person or organization whom you have agreed to include as an additional insured under a written contract. provicec suc i contract was executec prior to tle date of oss." (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for the injury or damage. This injury or damage must arise out of your activities under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule.

All other terms and conditions of the policy remain unchanged.

Form No: 9-23186-B (12-2010)
Endorsement Effective Date: 08/01/2024
Endorsement No: 60 ; page: 1 of 1
Underwriting Company: CONTINENTAL CASUALTY COMPANY
Policy No: BUA7o39895527
Policy Effective Date: 08/01/2024
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Agenda Item No: 1 .1

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: September 17, 2024
Submitted by: Teri Knutson
From: Police Department
Subject:

City Council of Placentia Response to Orange County Grand Jury Study of E -Bikes Friend or Foe
Financial Impact:

Fiscal Impact: None
Summary:

The Orange County Grand Jury (OCGJ) stated in this study that the use of electric bicycles (E - bikes) has increased as our communities explore new and novel ways to commute and reduce our reliance on automobiles. E -bikes are a cost-effective alternative. However, they bring higher risks of accidents and injuries when compared to conventional bicycles. The Public deserves education and safety regulations to mitigate their concern.

The 2023-2024 OCGJ investigation into E -bike regulation, education and safety, focused on what, if any, pertinent regulations have been adopted by Orange County cities. The OCGJ investigation revealed that outside of the California Vehicle Code, the 34 cities, 13 of which are contract cities with the Orange County Sheriff's Department (OCSD), vary significantly in their regulation, safety (accidents, fatalities, etc.), enforcement, and education on E -bikes. The Orange County Transportation Authority (OCTA) oversees E -bike safety, education, and public outreach for all unincorporated areas. OCTA holds quarterly meetings with all 34 cities in the county to discuss transportation issues including E -bike regulation, safety, education, and enforcement.

There is an urgent need to have consistent ordinances for the regulation and enforcement of safe E -bike use in all cities, school districts, parks, and unincorporated areas. Currently, there are significant differences in policy across cities. The recent surge in E -bike usage calls for immediate action to strengthen city oversight of this issue. This report will highlight the differences between cities' approaches and make recommendations to attain realistic and practical policies for their respective jurisdictions.

Recommendation:

Recommended Action: It is recommended that the City Council:

1. Review the City's response to the Grand Jury Report; and

2. Direct Staff to submit the attached letter to the Presiding Judge of the Orange County Grand Jury, to be signed by Mayor Yamaguchi.
618

Strategic Plan Statement:

This item is consistent with the City Council approved 5 -Year Strategic Goal #2 to Ensure that Public Safety Continues to be a High Priority.

Discussion:

The method of study by the OCGJ included sending a survey to all 34 cities in Orange County cities to learn each city's policies. Mayors and/or representatives from 22 cities responded to the survey. The responses from the cities that answered indicate a wide variety of differences in the methods — with some cities having robust training, enforcement measures, and methods of socializing E -bike use in their communities.

In addition, the OCGJ conducted several interviews and conducted extensive research of current online and print articles regarding E -bikes in Orange County. Their interviews included representatives from a major retail bike shop that sells both E -bikes and regular bicycles, the Orange County Transportation Authority, the Orange County Sheriff's Department, and the Central Newport Beach Community Association.

OCGJ members also attended several city council meetings and viewed them online, attended a training session hosted by a local city, and reviewed proposed State legislation that failed, passed, or is in committee.

In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 OCGJ requires responses from each agency affected by the findings presented.

Based on its investigation, the Orange County Grand Jury has arrived at the following principal findings that require a response from the City Council of Placentia:

F1. The majority of Orange County cities do not have ordinances or policies in place, which makes it difficult to address the safe operation and regulation of E -bikes leading to confusion.

City Council of Placentia AGREES.

The E -Bike trend is relatively new and has not been an issue for the City of Placentia until recently. The city began to receive an increase in complaints and began seeing an increase in traffic collisions involving E -bikes. The City believes creating municipal codes that specifically address the issues will reduce conflicts with motorists and pedestrians and provide a legal framework for enforcement.

F2. Due to the increasing incidence of E -bike injuries and deaths, there is a need for consistent and accurate tracking by law enforcement and first responders which does not exist now.

City Council of Placentia AGREES.

Currently, the lack of consistent data collection hampers the efforts to understand and address the issue. Effectively implementing a unified tracking system, perhaps through the State of California, would enhance safety measures and provide valuable data for policymaking. 619

F3. Training and education on E -bike use and safety varies from city to city causing confusion amongst bike riders.

City Council of Placentia AGREES.

Standardizing key aspects of E -bike safety and education at a national or regional level could help mitigate the confusion amongst the public when it comes to E -bike laws and safety.

Collaboration between cities to share best practices and resources could also enhance overall safety for E -bike users.

The city will increase the amount of information we post on social media to include informational videos and traffic safety information to educate the public as to the laws and safe operation of E -bikes.

RECOMMENDATIONS:

R1. Each Orange County city should have specific policies that define the rules of the road for use of E -bikes in their communities by December 1, 2024.

The City of Placentia will have to create new municipal codes to address E -bikes within the City. The city will collaborate with surrounding agencies to see what their plan is to address the current issues.

R2. Each Orange County City should have a mechanism in place to report accidents, injuries and deaths involving E -bikes by December 1, 2024.

Under California law, an E -bike is essentially treated the same as a standard bicycle —with a few exceptions. E -bikes are to be operated like conventional bicycles in California and are not considered "motor vehicles" under the California Vehicle Code. Under Placentia Police Department Policy 501.4.5 which addresses traffic collisions on roadways, a traffic collision report shall be taken when a collision occurs on a highway or private property within the jurisdiction of this department which involves any injury or death to any person involved in the collision. The State Traffic Collision Report form already has a box which allows agencies to track collisions involving E -bikes. The traffic collision statistical data is retrievable through the California Statewide Integrated Traffic Record System (SWITERS).

The City will also explore altering our Computer Aided Dispatch (CAD) / Records Management System (RMS) to expand our data collection to include enforcement efforts incidents involving E -bikes.

R3. Each Orange County city should research and develop outreach and education programs regarding the safe operation of E -Bikes for their residents by December 1, 2024.

Cities with more funding and resources might offer more comprehensive training or educational programs compared to smaller cities with limited budgets. The Placentia Police Department has received a grant from the California Office of Traffic Safety for DUI enforcement. We will be able to utilize some of the funds to do outreach with school students regarding current traffic laws associated with E -bikes and the safe operation of E -bikes within the community.
620

ALTERNATIVE OPTION:

An alternative option would be for the City Council to disagree with one or more of the OCGJ's principal findings as stated under Fl, F2, or F3.

Attachments
Grand Jury Report E -bikes Friend or Foe.pdf
Response to Grand Jury Report E -Bikes Friend of Foe (002).pdf 621

N
N
June 13, 2024
The Honorable Jeremy Yamaguchi
City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
Dear Mayor Yamaguchi:

ORANGE COUNTY GRAND JURY
700 CIVIC CENTER DRIVE WEST • SANTA ANA, CALIFORNIA 92701 • 714/834-3320 www.ocgrandjury.org • FAX 714/834-5555

CONFIDENTIAL
Enclosed is a copy of the 2023-2024 Orange County Grand Jury report, E -bikes Friend or Foe. Pursuant to Penal Code 933.05(f), a copy of the report is being provided to you at least two working days prior to its public release. Please note that under that subsection, "No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report." (Emphasis added.) It is required that you provide a response to each of the findings and recommendations of this report directed to your office in compliance with Penal Code 933.05(a) and (b), a copy is enclosed.

Please distribute this report to your governing body.

For each Grand Jury recommendation accepted and not implemented, provide a schedule for future implementation. In addition, by the end of March of each subsequent year, please report on the progress being made on each recommendation accepted but not completed. These annual reports should continue until all recommendations are implemented.

Please mail the response to the recommendations to Maria Hernandez, Presiding Judge of the Superior Court, 700 Civic Center Drive West, Santa Ana, CA 92701, with a separate copy mailed to the Orange County Grand Jury, 700 Civic Center Drive West, Santa Ana, CA 92701, no later than 90 days after the public release date, June 20, 2024, in compliance with Penal Code 933, copy enclosed. The due date then is September 19, 2024.

Should additional time for responding to this report be necessary for further analysis, Penal Code 933.05(b)(3) permits an extension of time up to six months from the public release date. Such extensions should be advised in writing, with the information required in Penal Code 933.05(b)(3), to the Presiding Judge of the Superior Court, with a separate copy of the request to the Grand Jury.

We tentatively plan to issue the public release on June 20, 2024. Upon public release, the report will be available on the Grand Jury website at www.ocgrand-ury.org .

Very truly yours,
Michael J. Verfe ngia, Foreperson
2023-2024 ORANGE COUNTY GRAND JURY
MJV:jm
Enclosures: Grand Jury Report
Penal Code 933, 933.05
Cc: Damien Arrula, City Administrator

E -bikes Friend or Foe
Table of Contents
SUMMARY 1
BACKGROUND 1
REASON FOR THE STUDY 3
METHOD OF STUDY 3
INVESTIGATION AND ANALYSIS 4
Orange County Transportation Authority 4
Orange County Sheriff's Department 4
Cities Survey 4
COMMENDATIONS 12
FINDINGS 12
RECOMMENDATIONS 13
RESPONSES 13
REQUIRED RESPONSES 14
REFERENCES 13
GD ®SSARY..,...........,............................................................ 2K� APPENDICES 21
APPENDIX1 ...................................... ................. .......... .............., 21
Current County of Orange E -Bike Laws - Unincorporated Areas 21 APPENDIX 2 22
California Vehicle Code Section 312.5 as of December 23, 2023 22 APPENDIX 3 23
California Assembly Bills 23
APPENDIX 4 24
County of Orange Ordinance No. 18-002 24
2023-2024
Orange County Grand Jury Page ii

E -bikes Friend or Foe

SUMMARY
The use of electric bicycles (E -bikes) has increased as our communities look to new and novel ways to commute and to reduce our reliance on automobiles. E -bikes are a cost-effective alternative. However, they bring higher risks of accidents and injuries when compared to conventional bicycles. The public deserves education and safety regulations to mitigate this concern.

The 2023-2024 Orange County Grand Jury (OCGJ) investigation into E -bike regulation, education, and safety focused on what, if any, pertinent regulations have been adopted by Orange County cities. The OCGJ investigation revealed that outside of the California Vehicle Code, the 34 cities, 13 of which are contract cities with the Orange County Sheriff's Department (OCSD), vary significantly in their regulation, safety (accidents, fatalities, etc.), enforcement, and education on E -bikes. The Orange County Transportation Authority (OCTA) oversees E -bike safety, education, and public outreach for all unincorporated areas. OCTA holds quarterly meetings with all 34 cities in the county to discuss transportation issues including E -bike regulation, safety, education, and enforcement.

There is an urgent need to have consistent ordinances for the regulation and enforcement of safe E -bike use in all cities, school districts, parks, and unincorporated areas. Currently, there are significant differences in policy across cities: The recent surge in E -bike usage calls for immediate action to strengthen city oversight of this issue. This report will highlight the differences between cities' approaches and rnake recommendations to attain realistic and practical policies for their respective jurisdictions.

BACKGROUND
The modern E -bike was introduced in the 1990s as a pedal assist bike with a battery - powered motor. The OCGJ focused on the 3 classes of E -bikes (see table below).

In most cases, it is hard to tell the difference between a Class 1, 2, or 3 E -bike, as there may be no apparent distinction to the naked eye. It is important that Orange County residents understand the different classes of E -bikes, how fast they can go, and any applicable restrictions or regulations that govern their use. This is particularly pertinent as automobile and bus commuters must now share the road with E -bike riders. 2023-2024
Orange County Grand Jury Page 1

E -bikes Friend or Foe
What's the Difference? `.�
E -BIKE CLASSIFICATIONS `v�
Class 1
20MPH
Pedal Assisted
No assistance without pedaling
Swine rules 7≥a 3Ccess ri "sifs as
regular bikes
Class 2
20MPH
Throttle Assisted
Can lru ridden :without puClaliny.;
Same rules & access rights as
regular bikes
Class 3
28MPH
Pedal Assisted I Optional Throttle
No assistance without pedaling,
Age limit applies
Usage areas restricted
The ease of use, relatively low price, and convenience of E -bikes have led to their proliferation throughout Orange County. It is estimated that the sales of E -bikes rose by 145% during 2020 -to -2021 (World Economic Forum March 12, 2021).

However, along with the proliferation of E --bikes have come inevitable issues regarding theft use, including:
• riding on sidewalks
• riding against traffic
• speeding
• bike vs pedestrian collisions
• bike vs motorized vehicle conflicts
• the ability to make unauthorized modifications to the electric motors which allows the E -bikes to exceed their maximum intended speed
There are also issues regarding E -bike rider injuries in accidents, which can be more serious than injuries of riders in bicycle accidents (US Consumer Product Safety Commission October 17, 2023). According to the OCGJ survey sent to city mayors, many do not track or have awareness of the incidence and prevalence of E -bike injuries and fatalities in their respective cities.
2023-2024
Orange County Grand Jury Page 2

E -bikes Friend or Foe
The OCGJ sent a survey to all Orange County cities to learn each city's policies, availability of safety education, and enforcement of E -bikes. The responses from the cities that answered indicate a wide variety of differences - with some cities having robust training, enforcement measures, and methods of socializing E -bike use in their communities.

The OCGJ recognizes that there cannot be a "one size fits all" approach to the regulation of E -bikes, as ail cities in Orange County are unique and have different needs. For example, a large beachside city will have its own unique policies as compared to smaller inland cities. The rapidly expanding use of E -bikes compels cities to ensure a safe environment for riders of E -bikes and all citizens of Orange County.

REASON FOR THE STUDY
As E -bike sales have increased by almost 145% worldwide (World Economic Forum Mar. 12, 2021) over the past 2 years, the regulation of theft use does not seem to have kept up. Accidents and incidents with E -bikes are on the rise, as are complaints from citizens of Orange County about E -bike riders (Voice of OC Sept. 2023). Accordingly, the OCGJ determined that an investigation into E -bikes was needed to bring public awareness to the safe use of E -bikes and the importance of having city -relevant "rules of the road" in place.

This report seeks to press Orange County cities to actively seek common-sense rules for E -bikes to ensure their safe operation among conventional bicycles, pedestrians, and vehicles.

METHOD OF STUDY
Information from this investigation was collected and verified through multiple sources and statements made during interviews and includes extensive research of current online and print articles regarding E -bikes in Orange County. The OCGJ conducted the following activities:
• In -person interviews of representatives from:
o A rnajor retail bike shop that sells both E -bikes and standard bicycles o The Orange County Transportation Authority
o The Orange County Sheriff's Department
o The Central Newport Beach Community Association
® In -person attendance and online viewing of several city council meetings • In -person attendance at a training session hosted by a local city • Review of proposed State legislation that failed, passed, or is in committee 2023-2024
Orange County Grand Jury Page 3

E -bikes Friend or Foe
• Direct observance of E -bike riders, where they are riding, use of protective gear, passengers, dangerous maneuvers, etc.
• An online survey was distributed to the mayors of 34 cities in Orange County.

Unincorporated areas/divisions were not included in this survey. Mayors and/or representatives from 22 cities responded to this survey

INVESTIGATION AND ANALYSIS
Through interviews and surveys, the OCGJ determined that there is wide variation of rules on E -bikes and limited information regarding the reporting of E -bike incidents, accidents, injuries, and basic rules of the road for E -bikes.

Several news outlets (newspapers, magazines, television, online forums) have published stories about E -bikes. While many acknowledge the benefits of E -bikes, they also detail significant issues for cities to address.

Speeding, unsafe, or reckless operation, riders under 18 years of age not wearing helmets and toddlers riding on the back or front without proper child safety seats present common E -bike regulation and enforcement challenges for law enforcement.

Orange County Transportation Authority
OCTA has published on their website a comprehensive list of regulations listed by city regarding bicycles and E -bikes. As with the OCGJ survey, there are several different rules for E -bike riders dependent on what city they are riding in due to the differences in cities such as availability of bike lanes and the speed at which E -bikes are permitted to travel.

Orange County Sheriffs Department
OCSD enforces the California Vehicle Code (CVC) Section 312.5 regarding electric bicycles. In addition, the Sheriff's Department works closely with OCTA to provide E -bike outreach and education to the residents of Orange County. The OCSD Training Bulletin 23-01, issued January 4, 2023, provides the current E -bike enforcement criteria for Sheriff's Deputies.

Cities Survey
OCGJ sent a list of survey questions to all city mayors in Orange County regarding policies in their cities with respect to E -bikes. Of the 34 surveys sent, 22 were completed and returned to the Grand Jury. A sampling of the survey results follows:
72, 6
2023-2024
Orange County Grand Jury Page 4

E -bikes Friend or Foe
a Do you track injuries/deaths from E -bike accidents, injuries, fatalities? Yes 11
No 11
Tracking of E -bike injuries, deaths, property damage and battery fires, 11 of the 22 cities answered that they tracked these items on E -bikes.

The entity responsible for tracking these items varied within each city among law enforcement organizations, city government offices, and local hospitals. There is no standard way to compile and publish accident/incident information on E -bikes.

To properly track trends in E -bike operation, a robust incident and accident tracking mechanism must be in place. Items that need to be tracked include but are not limited to class of E -bike involved, estimated speed of the E -bike, direction of travel, age of the rider, whether helmets were used, and any injuries sustained. In the process of accident reporting, most police agencies do not distinguish whether the bicycle involved was a conventional bike or an E -bike.

In your city, who, if anyone, is authorized to enforce infractions? Please select ail that apply:

Not Applicable
Police
G Sheriff
Lifeguards
Park Rangers
Private Security
Other
3 13
u
0 b
0 0
12 10
8 4
2 1
1 2023-2024
Orange County Grand Jury r II • ..y Page 5

E -bikes Friend or Foe
Of the 22 cities that completed the survey, 100% indicated that some form of law enforcement was the agency authorized to enforce/cite infractions for E -bike riders.

Police Departments, OCSD, or Park Rangers were the organizations authorized for E -bike enforcement.
• In your city, are E -bikes allowed:

YES
NO

UNKNOWN

SIDEWALKS

BIKE LANES

PARK TRAILS

SCHOOL CAMPUSES

VEHICLE LANES

HIGHWAYS
10 21
13 8
8 4
0 1
5 4
2 12
16 0 6
9 5 8
10 cities indicated that E -bikes were authorized on sidewalks, 4 cities answered unknown, and the remaining cities answered that E -bikes were prohibited from sidewalks.
21 cities indicated that E -bikes were authorized in bike lanes with one city responding as unknown.
13 cities indicated that E -bikes are allowed on park trails, 5 cities indicated that E -bikes were prohibited from using park trails, and 4 cities indicated that park trail policy for E -bikes was unknown.
16 cities indicated that E -bikes were authorized in vehicle lanes and 6 cities answered unknown.
5 cities answered no, 8 cities answered unknown, and 9 cities indicated that E -bikes were allowed on highways.

Riding on sidewalks was found to be a contentious issue. One city cited California Assembly Bill 825 (which would have barred local agencies from prohibiting bike use on sidewalks but has since been vetoed) as a reason not to prohibit E -bikes on sidewalks.

When there is no defined bike lane, E -bike riders will ride on sidewalks as a matter of safety. E -bikes, depending on the class, can go up to 28 miles per hour, which is typically faster than a conventional bicycle and much faster than a walking pedestrian. 2023-2024
Orange County Grand Jury Page 6

E -bikes Friend or Foe
Although most current laws give the bicyclist and pedestrians the right of way, the reaction tirne for an E -bike rider going over 10 rniles per hour on the sidewalk generally does not give the rider adequate opportunity to avoid pedestrians walking on the sidewalk or cars corning out of driveways.

Does your city have posted speed limits for E -bikes?
Yes
No
Unknown
o
22 0
100% of the cities that answered the OCGJ survey indicated that they do not post speed limits for E -bikes. No reasons were cited as to why they are not posted for E -bikes even though their top speed can be as high as 28 miles per hour or faster if the rider disables speed restrictive devices thus allowing the E -bike to almost double its speed.

There are obvious issues involving where to place speed limit signs for E -bikes. They are allowed to travel in bike lanes, on sidewalks, and in some jurisdictions even allowed to ride in opposition to traffic.

In your city, are E -bikes expected to travel in the same direction or opposite direction from street traffic?
Same direction 16
Opposite direction i
Both directions 2
Unknown 3
2023-2024 Orange County Grand Jury

Page 7 ends

E -bikes Friend or Foe
Some cities have authorized E -bikes to ride against the flow of traffic. As stated in the OCTA website (in a section entitled "Wrong Way Riding"), riding against traffic is inherently dangerous due to:
➢ Oncoming cars approach at a much higher speed
➢ Drivers cannot see E -bike riders when turning left
➢ E -bike rider is unable to make right turns
➢ Traffic signals cannot be seen
• Is safety training offered by the city for E -bike riders? • Yes
No
Unknown
8 12
2 Safety education and/or training for E -bike riders is available only sporadically and is, in most cases, optional. As noted in the survey, only 8 cities indicated that safety training was offered. The Orange County Register published a story (OC Register Jan 3, 2024) about a San Juan Capistrano resident who has taken on educating new E -bike riders as a result of her son being injured on an E -bike. An OCGJ visit to a local retailer of E -bikes found there was no formal training for E -bike purchasers or riders, and the only information to purchasers of E -bikes was a pamphlet. The Huntington Beach Police Department has a safety class every other month which focuses on E -bike safety.

OCTA holds safety "bike rodeos" for E -bike riders. These are a few examples of the education available for E -bike riders, but none is mandatory prior to purchasing or riding an E -bike. Therefore, grass -roots efforts are another important step in promoting education and safety.

The OCGJ interviewed a member of the Central Newport Beach Community Association as to their concerns about education, safety, and enforcement regarding E -bikes. The Association has been active in monitoring E -bike use, specifically on the Balboa peninsula. Its focus has been on a perceived lack of enforcement of existing ordinances and the CVC on streets and the beach boardwalk. Along with education and safety training, the Association prefers active enforcement using radar guns, tickets, and increased law enforcement presence.
2023-2024
Orange County Grand Jury Page 8

E -bikes Friend or Foe
• Do the schools/school districts in your city offer safety information and/or certification for student E -bike users on campus?
Yes
No 2
Unknown is
There are 28 school districts spread across the 34 cities of Orange County. Cities were asked whether schools in their jurisdictions offer safety inforrnation to student E -bike riders. Of the 22 cities that responded to the survey, 7 answered yes and 2 answered no. The concerning number that leaps to the eye is that 13 survey respondents stated that they were unaware of their school district's participation in E -bike regulation. At the time of this report, the 5 districts (per district )Nebsite) that currently require safety training and registration are:
➢ Capistrano Unified
➢ Los Alamitos Unified
➢ Huntington Beach Union
➢ Irvine Unified
➢ Ocean View
• Are there any other persons/groups that migut be able to provide meaningful or relevant information regarding E -h kes to the Grand Jury? At least 6 cities referred this question to the OCSD. 6 others referred this question to their own police department. Interestingly, at least 6 suggested that their jurisdictional park rangers (if these are in place in their city) would be able to answer the question. 2023-2024
Orange County Grand Jury Page 9

E -bikes Friend or Foe
• Is there outreach by the city being conducted to inform your community of any regulations and safety training?
Yes
No
• Unknown
10 10
2 Of the 34 cities in Orange County, 22 responded to this question: 10 cities said "yes," 10 cities said "no," and 2 cities indicated "unknown."
An example of outreach is the City of Irvine's Police Department. The outreach has several elements which includes High Visibility Enforcement (FIVE) operations to issue administrative citations to juveniles violating vehicle codes on E -bikes. It also hosts E -bike safety courses, E -bike rodeos, and community presentations on E -bike safety.

There are also plans for Public Safety in collaboration with the Irvine Unified School District to implement a parking permit program which will require students riding E -bikes to school to attend workshops on E -bike safety before being issued a parking permit to park their E -bike on campus.
* Does your city regulate the use of E -bikes?
• Yes
No
• Unknown
15 3
2023-2024
Orange County Grand Jury Page 10

E -bikes Friend or Foe
There were 15 cities who responded that they do not regulate E -bikes or their usage.

The OCGJ felt that this statistic, on its own, warranted further investigation and, possibly, further action by such cities.

GENERAL COMMENTS FROM SURVEY RESPONDENTS
"I personally promote safe e -bike texts on local Facebook groups... about 16,000 mernbers. I promote e -bike safety every council meeting." "State and local legislation is lagging far behind e -bike technology and there is a lot of confusion amongst e -bike users and police regarding what is lawful and what is unlawful when it comes to e -bikes."
"Thank you for looking into this. I am a relatively new mayor and although I consider e - Bikes an issue, we have so rnany other issues that are taking priority. I would like to see e -Bikes banned from all trails that were previously used for bicycles and pedestrians only. They function more like scooters than bicycles."
"E -bikes and bike safety, in general, are very big topics in the comrnunity right now and our Police Department is currently doing A LOT to address these items. Besides conducting weekly High Visibility Enforcement (FIVE) operations, IPD's traffic staff oftentimes issue administrative citations to juveniles who commit vehicle code violations on their bicycles, including E -bikes and E -scooters. In fact, approximately 50% of our adrninistrative citations are issued to E -bike and E -scooter operators. Rather than paying a fine similar to conventional traffic citations, our adrninistrative citations require the juvenile to attend a 2 -hour long bike safety course with a parent or guardian on the weekend at City Hall."
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E -bikes Friend or Foe
"Our city will soon be meeting with reps from OCSD in reference to providing additional educational tools for e -bike riders. I have made contact with our local elected officials in reference to securing funds for e -bike enforcement and education." "The issue with E -bike safety is an active project in our traffic safety unit. Currently we are looking at any municipal codes which will assist with safety for e -bike riders and motorists."

COMMENDATIONS
The following agencies contributed to the OCGJ's investigation into the use of E -bikes in Orange County:
• Orange County Transportation Authority has taken a leadership role in outreach and education to all 34 Orange County cities
• Orange County Sheriffs Department has been very proactive in keeping up with the everchanging rules of the road for E -bikes
• Central Newport Beach Community Association provided important data and various studies on E -bike usage in Newport Beach
F
NDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 Grand Jury requires (or, as noted requests) responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled "E -bikes- Friend or Foe," the 2023-2024 Orange County Grand Jury has arrived at three principal findings, as follows:

F1. The majority of Orange County's 34 cities do not have ordinances or policies in place, which makes it difficult to address the safe operation and regulation of E -bikes leading to confusion.

F2. Due to the increasing incidence of E -bike injuries and deaths, there is a need for consistent and accurate tracking by law enforcement and first responders, which does not exist now.

F3. Training and education on E -bike use and safety varies from city to city causing confusion amongst bike riders.
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E -bikes Friend or Foe

RECOMMENDATIONS
in accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 Grand Jury requires responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.

Based on its investigation described herein, the 2023-2024 Orange County Grand Jury makes the following recommendations:

R1. Each Orange County city should have specific policies that define the rules of the road for use of E -bikes in their communities by December 1, 2024.

R2. Each Orange County city should have a mechanism in place to report accidents, injuries and deaths involving E -bikes by December 1, 2024.

R3. Each Orange County city should research and develop outreach and education programs regarding the safe operation of E -bikes for theft residents by December 'I , 2024.

RESPONSES
California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official's control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors.

Furthermore, California Penal Code Section 933.05 specifies the manner in which such cornrnent(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore. 2023-2024
Orange County Grand Jury

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E -bikes Friend or Foe
(b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the Grand Jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.
(c) if a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision -making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.

REQUIRED RESPONSES
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code Section 933.05 are required from:

Findings -- 90 Day Response Required
City Councils of:

Aliso Viejo F1, F2, F3
Anaheim F1, F2, F3
Brea F1, F2, F3
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E -bikes Friend or Foe
Buena Park
Costa Mesa
Cypress
Dana Point
Fountain Valley
Fullerton
Garden Grove
Huntington Beach
Irvine
La Habra
La Palma
Laguna Beach
Laguna Hills
Laguna Niguel
Laguna Woods
Lake Forest
Los Alamitos
Mission Viejo
Newport Beach
Orange
Placentia
Rancho Santa Margarita
San Clemente
F1, F2, F3
Fl, F2, F3
Fl, F2, F3
F1, F2, F3
Fl, F2, F3
Fl, F2, F3
Fl, F2, F3
Fl, F2, F3
F1, F2, F3
Fl, F2, F3
Fl, F2, F3
F1, F2, F3
Fl, F2, F3
Fl, F2, F3
F1, F2, F3
Fl, F2, F3
Fl, F2, F3
F1, F2, F3
F1, F2, F3
Fl, F2, F3
Fl, F2, F3
Fl, F2, F3
F1, F2, F3
2023-2024
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E -bikes Friend or Foe
San Juan Capistrano
Santa Ana
Seal Beach
Stanton
Tustin
Villa Park
Westminster
Yorba Linda
F1, F2, F3
F1, F2, F3
F1, F2, F3
F1, F2, F3
F1, F2, F3
F1, F2, F3
F1, F2, F3
F1, F2, F3
Recommendations -- 90 Day Response Required
City Councils of:

Aliso Viejo R1, R2, R3
Anaheim R1, R2, R3
Brea R1, R2, R3
Buena Park R1, R2, R3
Costa Mesa R1, R2, R3
Cypress R1, R2, R3
Dana Point R1, R2, R3
Fountain Valley R1, R2, R3
Fullerton R1, R2, R3
Garden Grove R1, R2, R3
Huntington Beach R1, R2, R3
Irvine R1, R2, R3
La Habra R1, R2, R3
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E -bikes Friend or Foe
La Palma
Laguna Beach
Laguna Hills
Laguna Niguel
Laguna Woods
Lake Forest
Los Alamitos
Mission Viejo
Newport Beach
Orange
Placentia
Rancho Santa Margarita
San Clemente
San Juan Capistrano
Santa Ana
Seal Beach
Stanton
Tustin
Villa Park
Westminster
Yorba Linda
R1, R2, R3
R1, R2, R3
R1, R2, R3
R1, R2, R3
R1, R2, R3
R'I,R2,R3
R.'I , R2, R3
R1, R2, R3
R'1,R2,R3
R1, R2, R3
R'1, R2, R3
R1, R2, R3
R'I,R2,R3
R'I , R2, R3
R11, R2, R3
R1, R2, R3
R1, R2, R3
R1, R2, R3
R'I , R2, R3
R'I , R2, R3
R1, R2, R3
2023-2024
Orange County Grand Jury"' _Page 17
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REFERENCES
2 On Your Side: "Orange County Sees Spike in E -bike Accidents" KCAL NEWS, Nov 3, 2021
https://www.binc.com/videos/search?c=ebike+in'urys+in+oranc e+county+CA&docid= 60 3525694912734209&mid=D1537F514A8F881 DE2.A9D1537F514A8F881 DE2A9&view= detail&FORM=VIBE
Biesiada, Noah , "Orange County Cities Struggle to Handle Electronic Bike Regulations" Voice of OC , Dec 20, 2022 https://voiceofoc.orc/2022/12/orance-county-cities-struccle- to-handle-electric-bike-regulations/
Biesiada, Noah, "Orange County Cities Crack Down on E -bikes with Stricter Regulations" Voice of OC, Sep 28, 2023 https//Orance County Cities Crack Down on E - Bikes With Stricter Reculations ;voiceofoc.org)
Connelly, Laylan, "E -bike Lady educates new riders before hittinc streets on electric bikes" Orance County Register, Jan 3, 2024, https//E-bike lady' educates new riders before hitting streets on electric bikes — Orange County Recister (ocrecister.com) DMV Motorcycle Handbook, Two Wheel Vehicle Operation, Electric Bicycles iittps:// www.drr1v.ca.t:powlporl.allhanciboo{ https://www.lati mes.com/california/story/2023-01-16/mayhem-on-the-boardwalk-orance- county-cities-tackle-e-bikes-with-varying-results
Irvine Watchdog, "Irvine Transportation Commission to propose E -bike safety ordinance" May 14,2023 https://irvinewatchdog.orc/city-half/transoortation- commission/irvine-transportation-commission-to-propose-e-bike-safety-ordinance/ Kelly, Charles M., "Council approves introduction of e -bike ordinance City of Seal Beach" Sun News, May 10, 2023, httos:// www.sunnews.orc/council-approves- introduction-of-e-bike-ordinance/
2023-2024
Orange County Grand Jury Page 18

E -bikes Friend or Foe
OC Bike, E -Bikes
https://octa.net/getting-around/active/oc-bike/e-bikesi Orange County Public Works, E -Bike Safety in the County of Orange https://oci -.ogpublicworks.com/e-bike
Orance County Sheriffs Department, E -bike Safety The focus for National Bike Safety Month httDs:// www.ocsheriff.cov/news/e-bike-safety-focus-national-bike-safety-month Orange County Sheriff's Office Training Bulletin, Jan 4, 2023 https://www.ocsheriff.govlsites/ocsd/files/2023-01 /Bulletin%2023- 01%20Enforcement%20and%20Handling%20of%20Electric%20Bicycles%2C%20Motor cycles%20and%20Motorized%20Scooters Redacted.ocif
Pimental, Joseph, "In Los Alamitos students will need a permit to ride e -bikes to and from school", Spectrum News Jan 23,2023 https://spectrumnewsl.comica/la- west/public-safety/2023/01 /20iin-los-alarnitos—stu dents will-need-a-permit-to-ride-e- bikes-to--from-school
2023-2024
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E -bikes Friend or Foe

GLOSSARY
CNBCA Central Newport Beach Community Association
CVC California Vehicle Code
E -bike Electric bicycle
HVE High Visibility Enforcement
OCGJ Orange County Grand Jury
OCSD Orange County Sheriff's Department
OCTA Orange County Transportation Authority
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E -bikes Friend or Foe

APPENDICES
APPENDIX 1
Current County of Orange E -Bike Laws - Unincorporated Areas 1 • All E -bikes are required to have a label that describes classification, top assisted speed, and motor wattage.
• Helmets are recommended for all E -bike users. If you are under 18, it's required! • It is illegal to carry passengers on your E -bike unless your bike has an extra permanent seat or when using a child safety seat.
• E -bikes shall not be operated in excess of their designed speed or the speed limit, whichever is lower, on the road, and in no event in excess of 10 rniles per hour on paved trails.

O E -bike shall not be operated in excess of 5 rniles per hour on sidewalk. ® Riding on the road against the flow of traffic is prohibited.

Orange County Public Works. 2024. "E -bike Safety in the County of Orange." Accessed May

22. 2024. https://www.occov.com .
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E -bikes Friend or Foe
APPENDIX 2
California Vehicle Code Section 312.5 as of December 23, 2023 An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. Three classes of electric bicycles have been established:
• Class 1: A low speed pedal -assisted electric bicycle equipped with a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached.
• Class 2: A low speed throttle -assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance when a speed of 20 mph is reached.
• Class 3: A low speed pedal -assisted electric bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached.

The operator of a Class 3 electric bicycle:
lust be 16 years old or older.

Must wear a bicycle safety helmet.

Must not transport passengers.

May rode an electric bicycle in a bicycle lane if authorized by local authority or ordinance.

All electric bicycle classes are exempt from the motor vehicle financial responsibility, driver's license, and license plate requirements (CVC § 24016). 2023-2024
Orange County Grand Jury Page 22

E -bikes Friend or Foe
APPENDIX 3
California Assembly Bills
Listed below are some of the bills introduced into the State legislature, as published by LegiScan, that have a variety of proposed regulations regarding E -bikes. This is by no means a comprehensive list, and in the interest of brevity we do not include the text of each bill.

AB 458 '10/08/2023 Chaptered-Regulation of insurance requirements for businesses renting micro mobility vehicles, a category which includes E -bikes.

AB 1773 04/01/2024 In committee -Where E -bikes are permitted to operate.

AB 1774 04/09/2024. This bill would prohibit a person from selling a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle.

AB 2234 04/01/2024 In committee: The bill will require anyone over the age of 12 without a valid driver's license to take an online e -bike safety training course and pass a written test to prove they understand traffic safety rules. Those without a valid driver's license must have a state -issued ID to operate an E -bike.

SB 295 06/16/2023 In comrittee. Allows Public Agency authority to regulate E -bikes, et. al. on public property.

SB 381 10/13/2023 Chaptered-Comprehensive study of E -bikes.

SB 1271 04/111/2024. This bill vvoulcl clarify that an electric bicycle is a bicycle equipped with fully operable pedals and an electric motor with continuous rated mechanical power of not more than 750 watts. The bill would, if an electric bicycle is capable of operating in multiple modes, require a manufacturer and distributor to include on the label the classification number of the highest classes of which it is capable of operating. Also requires lab accreditation of rnicro mobility batteries. 2023-2024
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E -bikes Friend or Foe
APPENDIX 4
County of Orange Ordinance No. 18-002

AN ORDINANCE OF THE COUNTY OF ORANGE, CALIFORNIA AMENDING SECTION 2-5-29(n) OF THE CODIFIED ORDINANCES OF THE COUNTY OF

ORANGE, REGARDING PROHIBITED MOTORIZED WHEELED CONVEYANCES The Board of Supervisors of the County of Orange ordains as follows:

SECTION 1. Section 2-5-29(n) of the Codified Ordinances of the County of Orange is hereby amended to read as follows:

Sec. 2-5-29.- Vehicle regulation.
(n) Motorized Wheeled Conveyance prohibited. No person shall operate or drive any electric or combustible motorized skateboard, scooter, dirt bike, mini bike, mini motor bike, mini motorcycle, go-kart, go-ped, all -terrain vehicle, quad runner, dune buggy or any similar electric or combustible motorized conveyance in any park, beach or recreational area, with the exception of Class 1 and Class 2 electric bicycles, as defined by the California Vehicle Code, on those regional paved, off -road bikeways designated for such use by the Director of OC Parks, with the approval of the Board of Supervisors.
2023-2024
Orange County Grand Jury Page 24

California Penal Code Sections §933 and §933.05
(Note: To reduce grand jury requests for additional response information, the grand Jury has bolded those words in §933.05 which should be appropriately included in a response:)
933. (a) Each grand jury shall submit.to the .presiding judge of the superior court a final report of its,frndings and • recommendations that•pertain-to county government matters during the fiscal or calendar year. Final reports on any appropriate subject may be submitted to the presiding judge of the superior court at any time during the tenn of service of a grand jury. A final report may be. submitted for comment to responsible officers, agencies, or departments, incinAinn the county board of supervisors :i�hen applicable, upon finding of the nresitling judge that the report is in r air , r .�. r... ._.» j- -o- report
this-title; fot.45.,days,.after the end of the term, the foreperson and his or her designees shall, upon reasonable notice, be available to clarify the recommendations of the report. :_(b)- Onecopy.of each final report, together:with the responses thereto, found to be in compliance with this title shall be • placed on_file with the clerk:of the•courtand remain on file in the office of the clerk. The clerk shall immediately .forward a true copy:ofthe.report_and_the."responses to the State Archivist who shall retain that report and all responses in perpetuity.
.(c) -No-later than -90 days aftex:the:grand. jury..submits. a final report on the operations of any public agency subject to its -reviewing authority; the governing body _of -the. public agency shall comment to the presiding judge of the superior court on -the findings and recommendations.pertaining..to matters under the control of the goveming body, and every elected •county officer:or agency head for which the •grand jury has responsibility pursuant to Section 914.1 shall comment within 60=days to the.- pr..esidrngjudge of the:superior court, with an information copy sent to the board of supervisors, on the_findings and recommnendations_pertairiing to. Matters under the control of that county officer or agency head and :... any agency_or . agencies_which-that officer. or agency head supervises or controls. In any city and county, the mayor _shall also_comment onihe.f ridings:and •recommendations. All of these comments and reports shall forthwith be ;submitted -to the presiding- ju_dge.:of the-superiorcourt who impaneled the grand jury. A copy of all responses to grand jury reports •shalll be..placed .on file:with the clerk -of the public agency and the office of the county clerk, or the mayor . when_ applicable, -and shall remain on file -in those offices. One copy shall be placed on file with the applicable grand jury_fnal report by, and.in the.control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years.
(d) As used in this section "agency" includes a department. 933.0.5.:(4). :Forpurposes-of-subdivision (b). -of Section 93.3;. as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
.(2.) .The: respondent -disagrees wholly or partially with the finding; in which case the response shall specify the portion • ofthe finding that is disputed and shall include an explanation of the reasons therefor. _ _(b) For•purposes of subdivision.(b) of Section.933, as to each grand jury recommendation, the responding person or entity.._ shall report one of the following actions:
___,,-611 (I)._The._recot_nrriendation has._b.ee.uamplemented, with a summary regarding the implemented action. _(2): _The recomm_endatio.u.-kas,:not-yet.. b.ee.n.Imp.Iemented, but will be implemented in the fixture, with a timeframe for implementation. •
_(3). The_recommendation..req:uires further -analysis; with an explanation and the scope and parameters of an analysis - or study; and a timeframe.for the: matter to be prepared for discussion by the officer or head of the agency or • •departmentbeing_investigated-or-rev.,iewed; including the governing body of the public agency when applicable. This • timeframe•shallnot exceed six months from the date of publication of the grand jury report. _(4): The re..commeiidatianwill:nQt be mplemented because it is not warranted or is not reasonable, with an explanation therefor.
• _(c)_ Iowever, -if_a. frnding:or.reco.mmendation of•the grand jury addresses budgetary or personnel matters of a county • ageney_or_department.headed_by.an:_elected.-officer;: both the agency or department head and the board of supervisors shall respond rf requested. -by the:grand jury.; but the response of the board of supervisors shall address only those .budgetary or personnel matters over. which it has:some decision making authority. The response of the erected agency or department head shall-addres5_alLaspects of the findings or recommendations affecting his or her agency or department. -
• (d)::A grand, jury may.reques.t_asubj.ectperson or entity to come before the grand jury for the purpose.of reading and _discussing_the-fndings_o.f the:grandjury_:report that relates to that person or entity in order to verify the accuracy of the findings prior to their release.
(e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or. upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental.
(f) ---.A. grand juryshall provide. to the affected agency.a.copy of the portion of the grand jury report relating. to that person or • entity two working days prior..to its•.pt:rblic release and after the approval of the presiding judge. No officer, agency, �rlpn rr;'i p.nt�-.r..r Qn;i�,s ins hnr1., ncn n,.V.l one t n a: -1 _. r.

The People are the City
Mayor
JEREMY B. YAMAGUCHI
Mayor Pro Tem

KEVIN KIRWIN
Councilmembers:

RHONDA SHADER
WARD L. SMITH
CHAD P. WANKE
tztetri
401 East Chapman Avenue - Placentia, California 92870
September 17, 2024
The Honorable Maria Hernandez
Presiding Judge, Orange County Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
City Clerk:

ROBERT S. MCKINNELL
City Treasurer
KEVIN A. LARSON
City Administrator
DAMIEN R. ARRULA
RE: 2023-2024 ORANGE COUNTY GRAND JURY REPORT ENTITLED "E -BIKES FRIEND OR FOE"
Dear Judge Hernandez:

The City of Placentia has reviewed the 2023-2024 Orange County Jury Report, "E -bikes Friend or Foe." The report made several findings and recommendations on which the City of Placentia must comment, including Findings F1, F2, and F3, as well as recommendations R1, R2, and R3.

Please consider this letter as the City's official response to these findings.

Finding 1 (F1): The majority of Orange County's 34 cities do not have ordinances or policies in place, which makes it difficult to address the safe operation and regulation of E -bikes leading to confusion.

City's Response: AGREE. The E -Bike trend is relatively new and has not been an issue for the City of Placentia until recently. However, the City has begun to receive an increase in complaints and traffic collisions involving E -bikes. The City believes creating municipal codes that specifically address the issues will reduce conflicts with motorists and pedestrians and provide a legal framework for enforcement.

Finding 2 (F2): Due to the increasing incidence of E -bike injuries and deaths, there is a need for consistent and accurate tracking by law enforcement and first responders, which does not exist now.

City's Response: AGREE. Currently, the lack of consistent data collection hampers the efforts to understand and address the issue. Effectively implementing a unified tracking system, perhaps through the State of California, would enhance safety measures and provide valuable data for policymaking.

Finding 3 (F3): Training and education on E -bike use and safety varies from city to city causing confusion amongst bike riders.

City's Response: AGREE. Standardizing key aspects of E -bike safety and education at a national or regional level could help mitigate the confusion amongst the public when it comes to E -bike laws and safety. Collaboration between cities to share best practices and resources could also enhance overall safety for E -bike users. The City will increase the amount of information we post on social media, including informational videos and traffic safety information, to educate the public on the laws and safe operation of e -bikes.
650

Recommendation 1 JR1): Each Orange County city should have specific policies that define the rules of the road for use of E -bikes in their communities by December 1, 2024.

City's Response: This recommendation has not yet been implemented and will require further analysis. The City of Placentia will have to create new municipal codes to address the specific issues that E -bikes are causing in the community. The City will work with its City Attorney's Office on this to draft appropriate language for the new code. The City will also collaborate with surrounding agencies to determine their plan to address the current issues.

Recommendation 2 (R2): Each Orange County city should have a mechanism in place to report accidents, injuries and deaths involving E -bikes by December 1, 2024.

City's Response: This recommendation has been implemented. Under California law, an E -bike is essentially treated the same as a standard bicycle —with a few exceptions. E -bikes are to be operated like conventional bicycles in California and are not considered "motor vehicles" under the California Vehicle Code. Under Placentia Police Department Policy 501.4.5, which addresses traffic collisions on roadways, a traffic collision report shall be taken when a collision occurs on a highway or private property within the jurisdiction of this department, which involves any injury or death to any person involved in the collision. The State Traffic Collision Report form already has a box that allows agencies to track collisions involving E -bikes. The traffic collision statistical data is retrievable through the California Statewide Integrated Traffic Record System (SWITERS). The City will also explore altering our Computer Aided Dispatch (CAD) / Records Management System (RMS) to expand our data collection to include enforcement efforts incidents involving E -bikes.

Recommendation 3 (R3): Each Orange County city should research and develop outreach and education programs regarding the safe operation of E -bikes for their residents by December 1, 2024.

City's Response: This recommendation will be implemented by December 1, 2024. The Placentia Police Department has received a grant from the California Office of Traffic Safety for DUI enforcement. We will be able to utilize some of the funds to conduct outreach to students regarding current traffic laws associated with E -bikes and the safe operation of E -bikes within the community. The City will also create videos for social media, YouTube, and the City's cable channel, which will contain information on the safe operation of E -Bikes. Cities with more funding and resources might offer more comprehensive training or educational programs compared to smaller cities with limited budgets.

Thank you for giving the City this opportunity to comment on the Grand Jury's findings and recommendations. Should you have any questions or need clarification regarding the City's responses, please do not hesitate to contact my office.

Sincerely,
Jeremy B. Yamaguchi
Mayor, City of Placentia
cc: Placentia City Council
Damien R. Arrula, City Administrator
Orange County Grand Jury
651

Agenda Item No: 1.m

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: September 17, 2024
Submitted by: Gabriel Guerrero-Gabany
From: Public Works
Subject:

Approval of Final Parcel Map No. 2024-113 Pertaining to the Subdivision of an+/- 4.97 Acre Lot into Four Parcels, with a Remainder Parcel Located at 440 N. Jefferson with the R-3 (High Density Multiple Family Residential) Zoning District
Financial Impact:

Fiscal Impact: Approximately $3,000,000 of Total Development Impact Fee Revenue associated with the anticipated construction of 140 Townhomes.

Summary:

On September 3, 2024, City Council approved Tentative Parcel Map No. 2024-113 for the subdivision of one existing parcel into four (4) parcels, with a remainder parcel on a property located at 440 N. Jefferson Street (APNs: 346-162-01 and 346-162-02). The subject site is in the southeastern portion of the City, south of Orangethorpe Avenue and east of Jefferson Street at the intersection of Jefferson Street and Orangethorpe Avenue. The Parcel Map will subdivide the existing 4.97 -acre lot into (4) separate parcels with a remainder parcel.

All conditions imposed upon the subject parcel map have been met pursuant to Section 66473.5 of the California Government Code. The proposed project is consistent with the City's General Plan and meets the minimum development standards of the Placentia Municipal Code (PMC). The recommended actions will accept Final Parcel Map No. 2024-113.

Recommendation:

Recommended Action: It is recommended that the City Council:

1. Approve Final Parcel Map No. 2024-113, subject to final review and approval by the County Surveyor; and

2. Authorize the City Clerk to sign Final Parcel Map No. 2024-113.

Strategic Plan Statement:

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

Implementation of Housing Element Strategies, Objective Number 3.10. This agenda item will specifically create opportunities for the development of more housing in the City consistent with the City's Housing and Land Use Elements.
652

Discussion:

The subject site is in the southeastern portion of the City, south of Orangethorpe Avenue and east of Jefferson Street at the intersection of Jefferson Street and Orangethorpe Avenue.

Access to the parcel is from Jefferson Street. The Parcel Map will subdivide the existing 4.97 - acre lot into (4) separate parcels with a remainder parcel. While the subject Parcel Map is for financing purposes, it is notable that parcels 2, 3, 4, and the remainder lot do not have street frontage, as required by PMC Section 22.16.020 Area and Width - Residential Districts.

However, this Parcel Map is solely for financing purposes, and one condition of the Parcel Map approval is to require a new subdivision map and related Development Plan Review for any future development. The subject site contains twelve active oil wells, which the applicant and property owner is currently in process of capping the wells. In the near future, when the subject site is developed, the applicant will submit certification of abandoned wells pursuant to all state, county, and local regulations.

Placentia Municipal Code (PMC) Section 22.80.010(a) requires a Parcel Map for all subdivisions of four (4) or fewer parcels and PMC Section 22.80.060(c) requires the Planning Commission to take action to recommend to the City Council conditional approval or denial of a proposed subdivision map. On July 9, 2024, the Planning Commission voted 5-0-2-0 (2 absent) to recommend approval of TPM 2024-113 to the City Council. On September 3, 2024, City Council approved Tentative Parcel Map No. 2024-113 for the subject subdivision.

All conditions imposed upon the subject parcel map have been met pursuant to Section 66473.5 of the California Government Code. The proposed project is consistent with the City's General Plan and meets the minimum development standards of the PMC. The recommended actions will accept Final Parcel Map No. 2024-113, as shown and documented on the attached final map.

Fiscal Impact Summary:

Pursuant to PMC Title 5 all new development is subject to Citywide Development Impact Fees. The proposed Parcel Map will allow the developer to move forward with the future development, which will result in approximately 140 residential units. The subsequent construction of new townhomes in the future, made possible by this intermediary Final Parcel Map for funding purposes, will result in approximately $3,000,000 of total Development Impact Fee revenue. It should be noted that future construction will also require payment of user fees such as building plan check and building permit fees as well as annexation into CFD 2014-01 or its successor.

Attachments
PM 2024-113.pdf
653

NAME
(NAME PRINTED)
SHEET 1 OF 4 SHEETS

ALL OF TENTATIVE PARCEL MAP
NO. 2024-113
NUMBERED PARCELS: 4
GROSS AREA: 4.954 ACRES
NET AREA: 4.794 ACRES
PARCEL MAP NO. 2024-113

IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A SUBDIVISION OF PORTIONS OF LOT 36 AND 37 OF HAZARD'S SUBDIVISION AND AMENDED MAP OF RICHFIELD, PER MAP FILED IN BOOK 1, PAGE 26 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

DANE P. MCDOUGALL
L.S. 9297
ow
DATE OF SURVEY:

CONSULTING, INC. FEBRUARY 2023

FOR FINANCE AND CONVEYANCE PURPOSES

OWNERSHIP CERTIFICATE

WE, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND

COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.

WE HEREBY RESERVE EASEMENTS FOR INGRESS AND EGRESS ACCESS PURPOSES FOR PARCELS 1, 2, 3, 4, AND REMAINDER, AS SHOWN ON SAID MAP.

LAOR LIQUIDATING ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP.

BY: HAGE, INC., A CALIFORNIA CORPORATION, ITS GENERAL PARTNER BY:

DAVID A. COLE

PRESIDENT
GUARANTEE ROYALTIES INC, A CALIFORNIA CORPORATION.

BY:

DAVID A. COLE

PRESIDENT

NOTARY ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA

COUNTY OF
SS

ON , BEFORE ME,

A NOTARY PUBLIC, PERSONALLY APPEARED
, WHO PROVED TO ME ON THE BASIS

OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE

WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN

HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE

INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND:

SIGNATURE

MY PRINCIPAL PLACE OF BUSINESS IS

NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY
MY COMMISSION NO.

MY COMMISSION EXPIRES

SIGNATURE OMISSIONS
PURSUANT TO THE PROVISIONS OF SECTION 66436 (a)(3)(A) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED:

STANDARD OIL COMPANY, A CORPORATION HOLDER OF AN EASEMENT FOR PIPE AND POLE LINES PURPOSES PER DOCUMENT RECORDED NOVEMBER 3, 1919 IN BOOK 345, PAGE 72 OF DEEDS.

CITY OF PLACENTIA HOLDER OF AN EASEMENT FOR TREE WELL PLANTING AND IRRIGATION PURPOSES PER DOCUMENT RECORDED MAY 1, 1984 AS INSTRUMENT NO. 84-179403 OF OFFICIAL RECORDS.

CITY OF PLACENTIA HOLDER OF AN EASEMENT FOR PUBLIC ROADWAY AND UTILITY PURPOSES PER DOCUMENT RECORDED MAY 1, 1984 AS INSTRUMENT NO. 84-179404 OF OFFICIAL RECORDS.

GREKA OIL & GAS, INC, A COLORADO CORPORATION HOLDER OF AN EASEMENT FOR

NON-EXCLUSIVE INGRESS AND EGRESS ROADS AND UNDERGROUND UTILITIES PIPELINES PURPOSES PER DOCUMENT RECORDED MARCH 26, 2009 AS INSTRUMENT NO. 2009000143928 OF OFFICIAL RECORDS.

ACCEPTED AND FILED

AT THE REQUEST OF

CHICAGO TITLE INSURANCE COMPANY
DATE
TIME FEE $
INSTRUMENT NO.

BOOK PAGE

HUGH NGUYEN

COUNTY CLERK -RECORDER
BY
DEPUTY

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY

IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE

AT THE REQUEST OF LAOR LIQUIDATING ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP AND GUARANTEE ROYALTIES INC, A CALIFORNIA CORPORATION, IN FEBRUARY 2023. I HEREBY STATE THAT

ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY

STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE PARCEL MAP, IF ANY.

DATED THIS DAY OF
DANE P. MCDOUGALL
L.S. 9297

COUNTY SURVEYOR'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING

PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT (RELATIVE TO THE PARCEL MAP BOUNDARY).

DATED THIS DAY OF
LILY M. N. SANDBERG, CHIEF DEPUTY COUNTY SURVEYOR
L.S. 8402

CITY ENGINEER'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY IN

CONFORMANCE WITH THE TENTATIVE MAP, IF REQUIRED, AS FILED WITH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND

CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH AND THE MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT STATED BY THE COUNTY SURVEYOR.

DATED THIS DAY OF
CHRISTOPHER TANIO, P.E. 82756

DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER,

CITY OF PLACENTIA

CITY SURVEYOR'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT IT CONFORMS WITH THE

MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT IN ALL RESPECTS NOT STATED BY THE COUNTY SURVEYOR.

DATED THIS DAY OF
DENNIS W. JANDA, P.L.S. 6359

CITY SURVEYOR, CITY OF PLACENTIA

CITY CLERK'S CERTIFICATE

STATE OF CALIFORNIA

COUNTY OF ORANGE SS

CITY OF PLACENTIA

I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF THE

CITY OF PLACENTIA AT A REGULAR MEETING THEREOF HELD ON THE DAY OF

AND THAT THEREUPON SAID COUNCIL DID, BY AN
ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP.

AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436 (a)(3)(A) OF THE SUBDIVISION MAP ACT.

DATED THIS DAY OF
ROBERT S. MCKINNELL

CITY CLERK OF THE CITY OF PLACENTIA

COUNTY TREASURER -TAX COLLECTOR'S CERTIFICATE

STATE OF CALIFORNIA SS

COUNTY OF ORANGE

I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE NO LIENS

AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY,

MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE.

AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE

SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP.

DATED THIS DAY OF
SHARI L. FREIDENRICH BY:

COUNTY TREASURER -TAX COLLECTOR TREASURER - TAX COLLECTOR 654

SHEET 2 OF 4 SHEETS

ALL OF TENTATIVE PARCEL MAP
NO. 2024-113
NUMBERED PARCELS: 4
GROSS AREA: 4.954 ACRES
NET AREA: 4.794 ACRES

MONUMENT NOTES
0 PARCEL MAP NO. 2024-113
SEARCHED FOUND NOTHING. ESTABLISHED BY 5
2024-2474. SEE DETAIL "A" HEREON.

FOUND GEAR SPIKE AND WASHER STAMPED "LS
S72°02'1 1 "E 0.09' FROM CORNER.

FOUND GEAR SPIKE AND WASHER STAMPED "LS
S89°43'16"E 0.15' FROM CENTERLINE.

IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA DANE P. MCDOUGALL
L.S. 9297
CONSULTING, INC.

FOR FINANCE AND CONVEYANCE PURPOSES
TIES ON TOP OF CURB PER UNFILED C.R.
5921" PER R3, DOWN 0.1' IN ASPHALT, OFF
5921" PER R3, FLUSH IN ASPHALT, OFF
FOUND SPIKE AND WASHER STAMPED "RCE 21005" PER R1, DOWN 0.2' IN ASPHALT.

FOUND SPIKE AND WASHER STAMPED "RCE 21005" PER R1, FLUSH IN ASPHALT.

OCS GPS NO. 5231
FOUND PUNCHED 2" BRASS DISK IN WELL MONUMENT, PER R1, R2, R3, R5. DOWN 2.0'.

FOUND PUNCHED 1" BRASS DISK STAMPED "OCFCD R/W" PER R1, DOWN 1.5'. HELD FOR LINE PER R1, OFF S77°12'21"E 0.05' (0.08' R1).

FOUND
FOUND
FOUND
FOUND
OPEN 1" IRON PIPE, DOWN 0.2', NO REFERENCE, OFF N52°38'08"E 0.13'. 2" IRON PIPE WITH NAIL AND TAG "LS 3999" PER R5, DOWN 0.2'.

1.5" OPEN IRON PIPE, DOWN 0.7', OFF S30°55'07"E 1.07', NO REFERENCE. 1" IRON PIPE WITH NAIL AND TAG "LS 2037" PER R1. DOWN 1.0'.

FOUND 1.5" IRON PIPE WITH NAIL, NO TAG, DOWN 0.5'. ACCEPTED AS 1.5" IRON PIPE TAGGED "RCE 21005" PER R1.

FOUND SPIKE AND WASHER STAMPED "ORANGE COUNTY SURVEYOR", DOWN 0.2' PER R2.

FOUND LEAD, TACK, AND TAG STAMPED "LS 7725" ON TOP OF CURB IN LIEU OF SPIKE AND WASHER STAMPED "LS 7725" IN ASPHALT PER R1.

FOUND SPIKE AND WASHER STAMPED "LS 5411" FLUSH IN ASPHALT, ACCEPTED AS SPIKE AND WASHER, ILLEGIBLE, DOWN 0.1' PER R1.

ESTABLISHMENT NOTES
SEARCHED, FOUND NOTHING. ESTABLISHED THE CENTERLINE OF VAN BUREN STREET AND THE OLD CENTERLINE OF ORANGETHORPE AVENUE BY HOLDING RECORD DISTANCE OF 5.75' PER R2.

SEARCHED, FOUND NOTHING. ESTABLISHED BY PROPORTIONATE MEASUREMENT PER R2.

SEARCHED, FOUND NOTHING. ESTABLISHED BY HOLDING A LINE FROM THE 730.00' RADIUS CURVE ESTABLISHED TANGENT TO THE LINE BETWEEN

TANGENT TO A
AND O.

SEARCHED, FOUND NOTHING. ESTABLISHED THE INTERSECTION OF THE CENTERLINE OF THE A.T.&S.F. RAILROAD RIGHT OF WAY WITH THE CENTERLINE OF VAN BUREN STREET BY HOLDING RECORD DISTANCE OF 118.83' FROM OA PER R2 AND HOLDING RECORD ANGLE OF 90°16'52" PER R2.

MAP REFERENCES
R1 - RECORD OF SURVEY NO. 82-1126, R.S.B. 104/11.

R2 - TRACT NO. 19104, M.M. 998/26-30.

R3 - RECORD OF SURVEY NO. 2009-1071, R.S.B. 240/42-49.

R4 - TRACT NO. 13178, M.M. 618/41-42.

R5 - PARCEL MAP NO. 86-101, P.M.B. 219/18-19.
( ) - INDICATES RECORD OR CALCULATED DATA PER NOTED REFERENCE.

DATE OF SURVEY:

FEBRUARY 2023

BASIS OF BEARINGS
SEE SHEET 3 FOR BOUNDARY
ESTABLISHMENT.

SEE SHEET 4 FOR EASEMENT
DETAILS AND EASEMENT NOTES.

THE BEARINGS FOR THIS SURVEY ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE VI, NAD 83, (2017.50 EPOCH OCS GPS ADJUSTMENT), AS DETERMINED LOCALLY BY A LINE BETWEEN CONTINUOUS GLOBAL POSITIONING STATIONS (COPS) "SACY" AND "CNPP" BEING NORTH 65°16'44.3" EAST AS DERIVED FROM GEODETIC VALUES PUBLISHED AND ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. SEE SHEET 3 FOR DEPICTION.

DATUM STATEMENT
COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, NAD83, (2017.50 EPOCH OCS GPS ADJUSTMENT).

ALL DISTANCES SHOWN ARE GROUND, UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES MULTIPLY GROUND DISTANCE BY 0.999991139 (PROJECT SPECIFIC).

SURVEYOR'S NOTES

THERE ARE NO CONFLICTS WITH EXISTING VISIBLE IMPROVEMENTS AND THE EXTERIOR BOUNDARY LINE (DISTINCTIVE BORDER) OF THIS MAP AS ESTABLISHED HEREON.

THIS MAP IS FOR FINANCE AND CONVEYANCE PURPOSES AND ALL PARCELS SHOWN HEREON ARE NOT CONSIDERED TO BE SEPARATE BUILDING SITES.
- PRIOR TO THE SALE OF ANY PARCELS CREATED BY THIS SUBDIVISION, THE PARCELS SHALL

HAVE LEGAL ACCESS TO A PUBLIC STREET OR HIGHWAY, EITHER BY PARCEL CONFIGURATION

OR BE GRANTED AN EASEMENT FOR INGRESS AND EGRESS TO A PUBLIC STREET OR HIGHWAY BY A SEPARATE DOCUMENT. SAID ACCESS SHALL BE ADEQUATE FOR VEHICULAR ACCESS, EMERGENCY VEHICLE ACCESS AND SAFETY EQUIPMENT ACCESS AND INCIDENTAL PURPOSES.

DETAIL "A" TIE NOTES
•
[1
11 1 cal
6 ORANGETHORPE
92s, AVENUE
; 6J

64.>psry

JEFFERSON
DETAIL "A"
N.T.S.

INDICATES FOUND LEAD, TACK, AND TAG STAMPED "LS 5411" ON TOP OF CURB PER UNFILED C.R. 2024-2474.

INDICATES FOUND LEAD, TACK, AND TAG STAMPED "2009 081479A" ON TOP OF CURB PER UNFILED C.R. 2024-2474.

INDICATES RECORD DATA PER UNFILED C.R. 2024-2474.

M&R INDICATES MEASURED AND RECORD DATA PER UNFILED C.R. 2024-2474. 655

SHEET 3 OF 4 SHEETS

ALL OF TENTATIVE PARCEL MAP
NO. 2024-113
NUMBERED PARCELS: 4
GROSS AREA: 4.954 ACRES
NET AREA: 4.794 ACRES
TED\OUNTY
/I
I ro
0 0
NOO°16'54"E 13.98' (14.00' R1)
SCALE: 1" = 60'
PARCEL MAP NO. 2024-113

IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA DANE P. MCDOUGALL
L.S. 9297
C&V
DATE OF SURVEY:

CONSULTING, INC. FEBRUARY 2023

FOR FINANCE AND CONVEYANCE PURPOSES

BOUNDARY ESTABLISHMENT

ORANGETHORPE AVENUE
880.54' M&R2 (880.515' R1) (880.52' R5)
N89°50'25'W 1761.08' M&R2 (1761.03' R1) (1761.04' R5)
880.54' M&R2 (880.515' R1) (880.52' R5)
SEE SHEET 2 FOR MONUMENT

NOTES, ESTABLISHMENT NOTES, MAP

REFERENCES, BASIS OF BEARINGS,

DATUM STATEMENT, AND
SURVEYOR'S NOTES.

SEE SHEET 4 FOR EASEMENT
DETAILS AND EASEMENT NOTES.

A. T. & S. F. RAILROAD R/W
N89°50'25'W 880.46' (880.44' R1)

E HAZARD'S S UBDI VISION

ACCEPTED AS THE S'LY LINE
OF BK. 113, PG. 315 DEEDS,
REC. 3/18/1905
11 - AND AMENDED MAP OF RICHFIELD
Ig
OF A.T.&S.F. RAILROAD R/W
R=1910.08' M&R1, R2, R4, R5
0 0
0 r)
o -
w
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N
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in NO
CC
CD
‘71-
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cn
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N)
CD
0)
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0 z

40.00'' SFN
c
00 N.

CD
N.
w
CD
/ 4p ACCEPTED AS THE N'LY LINE
OF BK. 6255, PG. 297
O.R., REC. 9/20/1962
353.65 ,
_ On
3g4 62 (394.58' 353 61, R 1)
ORANGE R1) (3g4 71,
A_ N E oO RS)
nVooD C ' D CoNT
NANNY Rol
(3, z
w
U
0_
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0 N
CD
CO
CD
E 40'
0 N

40.03' (40.00' R3)
367.46'
PARCEL 1
GROSS: 2.230 ACRES
NET: 2.070 ACRES
.97,
0 0
SFN

30.73' M&R 1 R5 N77°1 21
Fad OF a0° f13f17E
>-767.88' (767.84 R1) (767.87' R2)

MIRALOMA STREET SACY
N22'17'08.1 'E 48675.06 (TIE)' -1/-A/
N: 2218016.19
E: 6061432.27
A/
0 78.17'
PARCEL 2
GROSS AND NET:
9,355 SQ. FT.

N81°42'23"E

27.25'
M°rg° _ o ° SO4//S
DI STRic
� T
(A=8°50'01" A=8°49'27"
R=730.00' R=730.00'
L=112.55' R1) L=112.43'
POR. LOT 36
,�
x 01'0A,
0 00
N
co
w
-00
rr)
0 0
0 z
5'
_n
co
O
0 394.84'
PARCEL 3
GROSS AND NET:

2.270 ACRES

ACCEPTED AS THE NW'LY LINE
OF BK. 81, PG. 346 DEEDS,
REC. 8/12/1893
e4
<O V) ,ck s-
R. S. B. 1/26
879.85' M&R2 (879.835' R1) (879.83' R5)
N89°50'49'W 1759.71' M&R2 (1759.67' R1) (1759.66' R5)
N65°16'44.3"E (BASIS OF BEARINGS) 96524.10' (GRID) 96524.96' (GROUND) CD
00 89.31'
w
PARCEL 4
o GROSS AND NET:b
o6 10,405 SQ. FT. °oo
N23°09'21 "W(R) zz
N
4 N0
�9
D ;25'
-- 2� p9
lD'
10 SFN
SFN
9 N.

N.
314.45' (314.40' R1)
N86°35'36'W 881.72' M&R2
225.14'

REMAINDER
PARCEL �969
2 �95L 11
9 ��,
6�
TRACT HO. M0o 4
Moto 996026-30
Rai
I
,,3\''\1\°))
=
POR. LOT 37
879.86' M&R2 (879.835' R1) (879.83' R5)
w
N86°05' 17.1 'W 68183.90'
12 -
N
/ CC
I k3
/
rr) 9p°
CO
J_
0cm
•
•
567.27',
I, ----1
v
CD
CC
0 co
vCD
D
CO
w
O
N
O
O
z
CNPP
N: 2258382.63
E: 61491 10.39
1006.28' M&R2
C3�

SIERRA VISTA
AVENUE

SHEET 4 OF 4 SHEETS

ALL OF TENTATIVE PARCEL MAP
NO. 2024-113
NUMBERED PARCELS: 4
GROSS AREA: 4.954 ACRES
NET AREA: 4.794 ACRES
SCALE: 1" = 50'
PARCEL MAP NO. 2024-113

IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA DANE P. MCDOUGALL
L.S. 9297
C&V
CONSULTING, INC.

DATE OF SURVEY:

FEBRUARY 2023

FOR FINANCE AND CONVEYANCE PURPOSES

EASEMENT DETAILS
2'
0'
O
N
cid
z
CO
Vi
O
Lri
N
PARCEL 1
A=4°50'19"
R=137.50'
L=11.61'
N89°43'14"W 223.31'
A
B
C
D

EASEMENT NOTES

AN EASEMENT FOR
A
B
C
D
E
F
G
H
PARCEL HEREON.

AN EASEMENT FOR
HEREON.

N89°43'14"W 223.31'

INGRESS AND EGRESS ACCESS

INGRESS AND EGRESS ACCESS
A=4°50'19"
R=162.50'
L=13.72'

PURPOSES

PURPOSES
PARCEL
N
O
L�
N O
O N
A=4°43'10" Lr) N N)
R=162.50' o °`0 it
1 L=13.39' o z a
N85°26' 28"E N89°50'22"W '

56.75'

62.86' >12.50'
N85°2628E TAT
T 56.75' N89°50'22"W 92.03'

RESERVED FOR

REMAINDER
PARCEL 4
PARCEL 3
PARCEL 2

AN EASEMENT FOR PIPE AND POLE LINES PURPOSES IN FAVOR OF STANDARD OIL COMPANY, A CORPORATION PER DOCUMENT RECORDED NOVEMBER 3, 1919 IN BOOK 345, PAGE 72 OF DEEDS.

AN EASEMENT FOR TREE WELL PLANTING AND IRRIGATION PURPOSES IN FAVOR OF THE CITY OF PLACENTIA PER DOCUMENT RECORDED MAY 1, 1984 AS INSTRUMENT NO. 84-179403 OF OFFICIAL RECORDS.

A=4°43'10"
-R=137.50'
L=1 1.33'

AN EASEMENT FOR PUBLIC ROADWAY AND UTILITY PURPOSES IN FAVOR OF THE CITY OF PLACENTIA PER DOCUMENT RECORDED MAY 1, 1984 AS INSTRUMENT NO. 84-179404 OF OFFICIAL RECORDS. ACCESS RIGHTS TO JEFFERSON STREET HAVE BEEN RELINQUISHED EXCEPT AT APPROVED LOCATIONS PER DOCUMENT RECORDED MAY 1, 1984 AS INSTRUMENT NO. 84-179405 OF OFFICIAL RECORDS.

AN EASEMENT FOR NON-EXCLUSIVE INGRESS AND EGRESS ROADS AND UNDERGROUND

UTILITIES PIPELINES PURPOSES EASEMENT IN FAVOR OF GREKA OIL & GAS, INC, A COLORADO CORPORATION PER DOCUMENT RECORDED MARCH 26, 2009 AS INSTRUMENT NO. 2009000143928 OF OFFICIAL RECORDS. (A PORTION OF SAID EASEMENT DESCRIBED AS A 50 -FOOT RADIUS CIRCLE IS INDETERMINATE FROM LOCATION) SEE DETAIL "B" HEREON.

A=8°27'15"
R=162.50'
L=23.98'
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A
B
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z
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N
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2.677
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L=23.98'
PARCEL 3
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L=20.29'
N00°09'38"E 162.80
N81°42'23"E 39.85'
N89°50'22"W 349.96'
PARCEL 4
A
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NOTES, ESTABLISHMENT NOTES, MAP

REFERENCES, BASIS OF BEARINGS,

DATUM STATEMENT, AND
SURVEYOR'S NOTES.

SEE SHEET 3 FOR BOUNDARY
ESTABLISHMENT.

REMAINDER - - -
°' PARCEL

LINE TABLE
LINE #

BEARING
LENGTH
L1
N89°50'22"W

11.25'
L2
NO0°09'38"E

2.50'
L3
N89°50'22"W

12.00'
L4
N00°09'38"E

4.92'
L5
N65°41'50"E

50.72'
L6
N00°09'38"E

17.33'
L7
N89°50'22"W

20.00'
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23.32'
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72.69'
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N06°36'22"E 71.94'
N00°09 '38''E
N75°18'4511/
8, »N4g°1,40F N78°12'0114/5 \3\' N78°15,3. 62
DETAIL "B"
SCALE: 1" = 80'
PARCEL
2 162.8o,
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PARCEL 3

Agenda Item No: 1.n

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: September 17, 2024
Submitted by: Andrew Gonzales
From: Development Services
Subject:

Second Reading and Adoption of Ordinance No. O-2024-05, an Ordinance of the City Council of the City of Placentia, Amending Chapter 23.105, Specific Plan 5, to permit mixed -use development, parking structures, and associated development standards on Parcel No. 9 located on a 2.72 -acre site on property located at 777 W. Orangethorpe Avenue and 776 S.

Placentia Avenue (APN 339-112-27)
Financial Impact:

Fiscal Impact:

It is anticipated the project would generate approximately $1.2 million in one-time revenue to the General Fund in the form of permit fees, however revenue from those fees are fees for service supporting the additional work for Staff created directly by the project's construction and would not be available for other City operations. An additional $2.6 million is anticipated from one-time Citywide development impact fees which can only be used for future infrastructure projects and are not available to support the daily operations of the City.

Once the project is complete, the project is expected to generate $244,209 in new General Fund revenue annually through a combination of higher property tax, sales tax, and utility users tax. The project is anticipated to require $246,435 in new annual General Fund expenses primarily for increased Police and Fire response to support the new residents. In summary, the project is projected to generate a net annual loss of ($2,226) to the General Fund.

Recommendation:

Recommended Action : It is recommended, if City Council chooses to adopt Ordinance No.

O-2024-05:

Perform Second Reading and Adoption of Ordinance No. O-2024-05, an Ordinance of the City Council of the City of Placentia, California, amending Chapter 23.105, Specific Plan No. 5, of the Placentia Municipal Code.

Attachments

1. Ordinance O-2024-05- SPA 2021-01 AG JL KS CMW.docx
658

ORDINANCE NO. O-2024-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, AMENDING SPECIFIC PLAN NO. 5 TO

PERMIT MIXED -USE DEVELOPMENT AND PARKING STRUCTURES
ON PARCEL 9 AND ESTABLISHING ASSOCIATED DEVELOPMENT
STANDARDS ON A 2.72 -ACRE SITE ON PROPERTY LOCATED AT
777 W. ORANGETHORPE AVENUE AND 776 S. PLACENTIA AVENUE
(APN 339-112-27).

City Attorney's Summary
This Ordinance would result in an amendment to Specific Plan No. 5 of the City of Placentia modifying Chapter 23.105, Specific Plan No. 5 (SP -5) allow mixed use (residential -commercial development) within the SP -5, Parcel 9 boundaries and will establish development standards for new mixed uses, including but not limited to gross lot area, floor area ratio (FAR), height, residential density, dwelling unit size, parking, setbacks and lot coverage of the City of Placentia Municipal Code (PMC), on property located at 777 W.

Orangethorpe Avenue and 776 S. Placentia Avenue (APN 339-112-27).

WHEREAS, the City of Placentia wishes to amend the City of Placentia Municipal Code by modifying Chapter 23.105, SP -5, to modify and expand the existing land use designations allowed within SP -5, of the Parcel No. 9 boundaries (Attachment A, Exhibit 1), establishing development standards for new mixed -use developments (residential - commercial development), including but not limited to gross lot area, FAR, height, residential density, dwelling unit size, parking, setbacks and lot coverage, that said amendment to the specific plan and municipal code will not be detrimental to the health, safety, or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the city; injurious to property or improvements within the neighborhood or within the city; nor consistent with the latest adopted General Plan for property located on an approximately 2.72 -acre site along north of W. Orangethorpe Avenue, east of S. Placentia Avenue, (Attachment A) to allow for the construction and operation of a 248 multi -family residential dwelling unit development, with up to 3,000 square feet of commercial retail space and a 6 -level parking structure, and certification of Mitigated Negative Declaration No. 2021-01 and finds that the MND was prepared in full compliance with the California Environmental Quality Act ("CEQA"), California Public Resources Code §§ 21000, et seq., and the Environmental Guidelines of the City of Placentia; and
WHEREAS, on or about July 9, 2023, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, and recommended that the City Council of the City of Placentia deny General Plan Amendment No. 2022-01, Specific Plan Amendment No. SPA 2021-01, Development Plan Review No. DPR 2022-02; and
Ordinance O-2024-05

Page 1 of 10 ends

659

WHEREAS, the City of Placentia provided notice of the City Council's public hearing in accordance with California Government Code Section 65090 and the City of Placentia Municipal Code Section 23.96.030; and
WHEREAS, on September 3rd, 2024, the City Council of the City of Placentia held a duly noticed public hearing at which time it considered all evidence presented, whether written or oral; and
WHEREAS, all other prerequisites to the adoption of this resolution have occurred.

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

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

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

SECTION 3. CEQA. The City has complied with the requirements of CEQA and the City of Placentia Environmental Guidelines. In adopting Resolution No. R-2024-60, the City Council certified and adopted Mitigated Negative Declaration No. 2021-01 and finds that the Addendum was prepared in full compliance with the California Environmental Quality Act ("CEQA"), California Public Resources Code §§ 21000, et seq., and the Environmental Guidelines of the City of Placentia.

SECTION 4. The City Council hereby amends the City of Placentia Municipal Code by modifying Chapter 23.105, Specific Plan No. 5 (SP -5), as set forth in Attachment "B", attached hereto and by this reference made a part hereof. The property depicted in Attachment "A" is proposed for a site modification to allow additional land uses, including mixed -use developments (residential -commercial), and parking structures. This modification will include establishing development standards for gross lot area, floor area ratio (FAR), building height, residential density, dwelling unit size, parking requirements, setbacks, and lot coverage.

SECTION 5. The City Council finds, in accordance with the requirements of Section 23.96.040 ("Amendments") of the Placentia Municipal Code, that the proposed amendment to the municipal code will not be detrimental to the health, safety or general Ordinance O-2024-05

Page 2 of 10 ends

660

welfare of the persons residing or working within the neighborhood of the proposed amendment or within the city, and that it will not be injurious to property or improvements within the neighborhood or within the city. The City Council also finds that the amendment is consistent with the latest adopted General Plan.

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

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

INTRODUCED at a regular meeting of the City Council of the City of Placentia held on the 3rd day of September 2024.

PASSED, APPROVED AND ADOPTED this 17th day of September 2024.

Jeremy Yamaguchi, Mayor
ATTEST:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 3rcl day of September 2024 and adopted at a regular meeting of the City Council of the City of Placentia, held on the 17th day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Ordinance O-2024-05

Page 3 of 10 ends

661

ATTEST:

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

Christian L. Bettenhausen, City Attorney
ATTACHMENT A: Map of Project Area
ATTACHMENT B: Amendment to Chapter 23.105, Specific Plan 5 Ordinance O-2024-05

Page 4 of 10 ends

662

ATTACHMENT "A"

MAP OF PROJECT AREA
Ordinance O-2024-05

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663

ATTACHMENT "B"
Amendment to Chapter 23.105, Specific Plan 5
CHAPTER 23.105 SPECIFIC PLAN 5
Note
* Prior ordinance history: Ordinances 86-O-118, 88-O-118 and 90-O-101. § 23.105.010. Location.

This specific plan shall encompass 19.13 +/- net acres at the northeast corner of Placentia Avenue and Orangethorpe Avenue, 727 +/- feet south of Crowther Avenue and lying west of Placentia Storm Drain Channel, represented by the following specific plan area map:

Exhibit A
(Ord. 95-O-118, 1995; Ord. O-2019-05 § 3, 2019)
§ 23.105.020. Purpose.

The specific plan is intended to provide a site for retailers and businesses, which through the characteristics of their respective services offered, cater to the entire community. (Ord. 95-O-118, 1995)
§ 23.105.030. Permitted uses for parcels 1, 2, 3, 4, 5, 6, 8 and 10.

All retail, business and office uses are permitted on these parcels as shown on Exhibit A attached to the ordinance codified in this chapter and on file in the office of the city clerk, including but not limited to the following examples:
(1) Apparel stores;
(2) Appliance stores;
(3) Educational and training offices;
(4) Financial institutions;
(5) Food stores.

Ordinance O-2024-05

Page 6 of 10 ends

664

(6) General administrative offices;
(7) Health clubs;;
(8) Home improvement centers;
(9) Hotels with lounges;
(10) Medical and dental offices and clinics;
(11) Professional offices;
(12) Research and development including laboratories;
(13) Restaurants including drive -through facilities;
(14) Sales and service operations with or without light assembly and storage; (15) Small outdoor seating areas per Section 23.81.165; (16) Use conformity determination.

Notwithstanding the provisions of this section, the planning commission of the city of Placentia may, upon application made pursuant to the provisions of Chapter 23.87, review and determine whether a proposed use, not otherwise specified in this section, conforms to the intent and purpose of this chapter with regard to permitted uses and has characteristics similar to those uses listed in this section. The city administrator shall determine the number of plot plans to be submitted together with the application. The planning commission shall make the findings required by Section 23.87.040(1) and (2) in making any such determination.
(Ord. 95-O-118, 1995; Ord. 97-O-107 § 1, 1997; Ord. O-2010-09 § 5, 2010) § 23.105.040. Permitted uses for parcels 6 and 7.

The primary purpose of parcels 6 and 7 is hotel in nature. All retail, business and office uses listed in Section 23.105.030 shall be permitted. (Ord. 95-O-118, 1995) § 23.105.050. Permitted uses for parcels 9 and 11.

The purpose of these parcels is to provide a site for motor vehicle dealerships, and for other selected other commercial uses. Hospitality uses listed in Section 23.105.030 shall be permitted. General retail, financial, office, medical, and restaurant uses including drive - through facilities listed in Section 23.105.030 shall be permitted. On Parcel 9, a mixed - use project with up to 248 units shall be permitted at a density range of 65 minimum to 95 maximum dwelling units per acre.
(Ord. 95-O-118, 1995; Ord. O-2019-05 § 3, 2019)
§ 23.105.060. Uses subject to obtaining a use permit for all parcels. (1) Establishments that sell alcoholic beverages including on- and off -sale; (2) Uses similar to those permitted in Section 23.105.030 with special design characteristics which have the potential to adversely affect the health, safety and general welfare of the surrounding neighborhood;
(3) Large outdoor seating areas per Section 23.81.165.
(Ord. 95-O-118, 1995; Ord. 97-O-107 § 2, 1997)
Ordinance O-2024-05

Page 7 of 10 ends

665

§ 23.105.070 Height.

Maximum allowable building height shall be seventy-five (75) feet. Rooftop amenities and architectural projections, such as and not limited to, clubhouses, swimming pools, tennis courts, open space areas, fitness centers, are permitted to project sixteen (16) ft. above the maximum height limit if integrated into the overall design of the project and the maximum rooftop building coverage is limited to forty (40) percent of the rooftop floor area.
(Ord. 95-O-118, 1995; Ord. O-2019-05 § 3, 2019)
§ 23.105.080 Lot coverage.

Not more than eighty-five (85) percent of the net lot area shall be devoted to main and accessory building area, parking area or driveways except on those lots containing an auto dealership where one hundred (100) percent coverage shall be permitted. (Ord. 95-O-118, 1995)
§ 23.105.090 Front yard setback.

Minimum front yard setbacks shall be fifteen (15) feet. The front yard setbacks on Parcel 9 shall be 10 feet. All of the required yard area shall be landscaped and maintained, except for drive entrances.
(Ord. 95-O-118, 1995)
§ 23.105.100 Side yard.

Minimum side yard setback shall be fifteen (15) feet when adjacent to public streets. Side yards adjacent to public streets shall be landscaped and maintained. All other side yards shall be a minimum of three (3) feet. Parking shall be permitted within the side yard setback except in areas designed for landscaping. Minimum side yard setbacks on Parcel 9 shall be 10 feet.
(Ord. 95-O-118, 1995)
§ 23.105.110. Rear yard.

Minimum rear yard setback shall be fifteen (15) feet. A minimum of five (5) feet shall be landscaped and maintained. Minimum rear setback on Parcel 9 shall be 10 feet. (Ord. 95-O-118, 1995)
§ 23.105.120. Distance between buildings.

The minimum distance between buildings shall be twelve (12) feet, except for buildings on parcels 9 and 11.
(Ord. 95-O-118, 1995)
§ 23.105.130. Walls and fences.

All fences shall be six (6) feet high chain link with one (1) inch private decorative slatting, color to be compatible with architecture of building. These fences shall occur along the southerly, easterly and northerly exterior property lines on parcels 1 through 7, as shown Ordinance O-2024-05

Page 8 of 10 ends

666

on Exhibit A attached to the ordinance codified in this chapter and on file in the office of the city clerk.
(Ord. 95-O-118, 1995)
§ 23.105.140 On -site parking.

Parking shall be provided per Chapter 23.78 for all areas covered by the specific plan, with the following exceptions:
(1
(A) Parking for parcels 1 and 2 shall be combined to meet requirements. (B) Parking for parcels 3 and 4 shall be combined to meet requirements. (2)
Reciprocal parking shall be provided between parcels 1 and 2 and parcels 3 and 4. (Ord. 95-O-118, 1995)
(3) Parking for a mixed -use project on Parcel 9 shall be shared between the retail and the residential units. Residential parking shall be one (1) space per dwelling unit for bachelor and one (1) bedroom units, one and one half (1.5) spaces per dwelling unit for two (2) bedroom units, two (2) spaces per dwelling unit for three (3) bedroom units, and guest parking at one (1) space per five (5) dwelling units, which quest parking shall be shared with the retail.
§ 23.105.150 Signs.

All signs shall be integrated with the design of the development and shall reflect the architecture of the building except those provided for in Section 23.90.160 (temporary advertising devices) and shall not be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic, and shall comply with all local building and electrical codes and their supporting structures shall be enclosed, structurally safe and maintained in good condition.
(1)
(A) Project entry monument signs shall not exceed four (4) feet in height and twenty-four (24) feet in length.
(B) Two project entry signs as shown on Exhibit B, attached to the ordinance codified in this chapter, shall be permitted.
(2) Interior monument signs shall not exceed four (4) feet in height and ten and one-half (10.5) feet in length.
(3)
(A) Freeway signs shall not exceed twenty (20) feet in height above freeway driving surface.
(B) Freeway signs shall not exceed fifteen (15) feet in width. (C) Two freeway signs as shown on Exhibit B, attached to the ordinance codified in this chapter, shall be permitted.
(4)
(A) Building tenant directory signs shall not exceed six and one-half (6.5) feet in height and five (5) feet in width.
(B) Seven (7) building tenant directory signs as shown on Exhibit B, attached to the ordinance codified in this chapter, shall be permitted.

Ordinance O-2024-05

Page 9 of 10 ends

667

(5)
(A) Tenant identification signs shall meet the material and design criteria dictated by the sign specifications for the park.
(B) Each tenant identification sign shall not exceed one and one-half (1.5) square foot per lineal foot of building frontage on which the sign is located. (6)
(A) Truck door identification signs shall be attached to the building. No portion of any sign may project more than six (6) inches from the face of the building to which it is attached.
(B) Each truck door identification sign shall not exceed four (4) square feet. (7) Additional signs shall be permitted subject to the review and approval of the planning commission.
(Ord. 95-O-118, 1995)
Ordinance O-2024-05

Page 10 of 10 ends

668

Agenda Item No: 1.o

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: September 17, 2024
Submitted by: Jennifer Lampman
From: Finance
Subject:

FY 2024-25 First Quarter Budget Report
Financial Impact:

Fund
Revenues
(Including Transfers -In)
Appropriations
(Including Capital & Transfers -
Out)
General Fund
-
324,343
Special Revenue
1,447,091
1,486,876
Capital Projects (AII Funds)
14,273,238
18,209,526
Enterprise Funds
132,790
429,090
Internal Service Fund
200,000
200,000
Total
16,053,119
20,649,835
Summary:

The City's Operating Budget is reviewed and presented to the City Council quarterly for recommended amendments and to provide current information on the financial activities of the City. Additionally, these types of quarterly reports assist City departments in communicating their financial operations throughout the fiscal year including any program changes and significant impacts to their annual budgets, as well as ensuring spending and revenues received throughout the year closely align with the adopted budget. This report includes requested departmental budget adjustments through the first quarter of fiscal year 2024-25, as well as continuing appropriations for capital projects from FY 2023-24.

Please note that the complete Staff Report is provided as an attachment.

Recommendation:

Recommended Action: It is recommended that the City Council:

1. Approve the First Quarter Budget Report and adopt Resolution No. R-2024-66, amending the City's FY 2024-25 Budget.

Strategic Plan Statement:

This item is consistent with the City Council approved 5 -Year Strategic Goal to Ensure Long - Term Fiscal Sustainability, under Objective #1.6 Update the existing 10 -Year Financial Plan. 669

Attachments
Staff_Report_-_FY24-25_First_Q_Budget_Report-Updated (1).pdf Attachment_1 _-_Resolution_R-2024-66_-_FY24-25_Q1_Fi nancial_Report.docx Resolution - Exhibit A.pdf
Attachment 2- Placentia 1Q24 Newsletter.pdf
Attachment 3- Placentia Property Tax Newsletter.pdf
670

Placentia City Council

AGENDA REPORT
TO:

VIA:

FROM:

DATE:

CITY COUNCIL

CITY ADMINISTRATOR

DIRECTOR OF FINANCE
SEPTEMBER 17, 2024
SUBJECT: FY 2024-25 FIRST QUARTER BUDGET REPORT
FISCAL
IMPACT:

The City's Operating Budget is reviewed and presented to the City Council quarterly for recommended amendments and to provide current information on the financial activities of the City. Additionally, these types of quarterly reports assist City departments in communicating their financial operations throughout the fiscal year including any program changes and significant impacts to their annual budgets, as well as ensuring spending and revenues received throughout the year closely align with the adopted budget. This report includes requested departmental budget adjustments through the first quarter of fiscal year 2024-25, covering the period through September 2024 as well as continuing appropriations for capital projects from FY 2023-24.

RECOMMENDATION:

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

1. Approve the First Quarter Budget Report and adopt Resolution No. R-2024-66, amending the City's FY 2024-25 Budget.

STRATEGIC PLAN STATEMENT:

This item is consistent with the City Council approved 5 -Year Strategic Goal to Ensure Long -Term Fiscal Sustainability, under Objective #1.6 Update the existing 10 -Year Financial Plan. 671

City Council Agenda
September 17, 2024

Page 2 of 5 ends

DISCUSSION:

The City adopted a balanced budget for FY 2024-25 on June 4, 2024, utilizing a combination of departmental reductions, monies set aside within the City's Section 115 trust, which is designed to fund retiree health costs and the $446,000 unfunded actuarial liability payment to CaIPERS as well as reserve funding. Since June, the City has received additional information related to the budget including the final figures for insurance for FY 2024-25. The Adopted budget had included an increase of approximately $400,000 for insurance premiums from FY 2023-24 and based upon preliminary estimates from our broker; however the final figure was $88,000 higher than budgeted.

On the revenue side, the City had positive news on property tax with the City's taxable assessed value increasing 5.7% from FY 2023-24, beating the countywide average of 5.4%. The City's total assessed value is now at $9.5 billion, with the median price of a detached, single-family home now at $1,050,000.

Sales tax continues to be impacted by uncertainty in the economy and the loss of several local and national retail chains with locations in Placentia including CVS, Rubio's and the 99 Cents Store. On a positive note, and through some of the city's economic development efforts many of those shuttered locations have been leased by new retailers with store and/or restaurant openings expected within this fiscal year, including a new Ace hardware store that opened in July.

General Fund: The General Fund FY 2024-25 Adopted Budget included revenues of $50.4 million and expenditures of $50.9 million. The proposed operating budget adjustments in the FY 2024-25 First Quarter Budget Report include an increase in expenditures of $324,343. These adjustments include the carryover of funds for an ongoing classification and compensation study that began in FY 2023-24 but will not be complete until this fiscal year, increased costs for the City's animal services contract with the County of Orange, increased costs associated with tree maintenance and other smaller contract increases not finalized at the time of the original budget adoption. In addition to the proposed adjustments to the operating budget, $10,253,801 is proposed to be carried over from FY 2023-24 relating to capital projects supported by the General Fund. The largest project is the public safety building which includes $8,143,823 being carried over, with smaller projects such as the administrative office renovation, ADA transition plan, dog park planning and design, EIFD design, and Senior/Community Center 35% design also being carried over.

Adjustments to General Fund revenue are related to capital projects being carried over from FY 2023-24, specifically the bond proceeds supporting the public safety building project. No adjustments to operating revenue are proposed at this time. 672

City Council Agenda
September 17, 2024
Page3of5
General Fund Revenue:
2I2--25 , •••t-•
2I2--25 •1 --•u-sts
2I2--25 •1 'm -n•-•
Revenue
Property Taxes
21,796,023
-
21,796,023
Sales & Use Taxes
8,408,000
-
8,408,000
Other Taxes
7,896,040
-
7,896,040
Permits/ Licenses
2,788,900
-
2,788,900
Fines & Forfeitures
485,000
-
485,000
Intergovernmental
312,000
-
312,000
Charges for Service
1,716,990
-
1,716,990
Misc. Revenue
2,129,075
-
2,129,075
Subtotal Revenues
45,532,028
-
45,532,028
Operating Transfers -In
455,100
-
455,100
Measure U Transfer In:
-
Employee Retention
2,665,800
-
2,665,800
OPEB
888,600
-
888,600
Reserve
888,600
888,600
Subtotal Transfers -In
4,898,100
-
4,898,100
Total Operating Resources
50,430,128
-
50,430,128
Capital Projects Revenue
-
7,150,174
7,150,174
Total Revenue
50,430,128
7,150,174
57,580,302
General Fund Expenditures:
2024-25 Adopted
2024-25 Q1
Requests
2024-25 Q1
Amended
Operating Expenditures
Legislative
1,075,316
-
1,075,316
City Administrator
1,055,675
-
1,055,675
Administrative Services
6,662,469
25,000
6,687,469
Finance
1,370,550
-
1,370,550
Development Services
1,782,450
-
1,782,450
Public Safety -Police
14,738,672
84,913
14,533,585
Fire & Life Safety
5,233,350
-
5,233,350
Public Works
3,999,786
116,430
4,406,216
Community Services
3,513,350
-
3,513,350
General Government
4,711,700
98,000
4,809,700
Subtotal Operating Expenditures
44,143,318
324,343
44,467,661
Non -Operating Expenditures
Interfund Transfers Out
143,756
-
143,756
GF Debt Service
6,458,866
-
6,458,866
Subtotal Non -Operating
Expenditures
6,602,622
-
6,602,622
Capital Improvement Program
180,000
10,253,801
10,433,801
Total Expenditures
50,925,940
10,578,144
61,504,084
673

City Council Agenda
September 17, 2024

Page 4 of 5 ends

Special Revenue Funds: Minor adjustments to the FY 2024-25 operating budgets in special revenue funds are proposed in the first quarter. See Exhibit A on the attached resolution for a detailed list of projects being carried over.
• Placentia Navigation Center: Approved increase of both revenue and expenditures of $1.4 million for operational costs and maintenance of the facility. • Miscellaneous Grant: Receipt of a FEMA grant of $65,455 for Placentia Fire and Life Safety for training.
• Refuse Fund: Increase of $133,000 in revenue and $118,000 in expenses relating to changes in the refuse rates.

Capital Projects: The FY 2024-25 First Quarter Budget Report includes projects from the previous fiscal year that have not been completed and will be continued into the current fiscal year (carried over). Below is a summary of the capital projects' funding sources to be carried forward with the specific projects identified on Exhibit A of the attached resolution. - - •i . •r•� cts
rri •rw.r• int•
Revenue
Expense
101
General Fund (0010)
7,150,174
10,253,801
117
Measure U Fund (0079)
-
986,477
209
State Gas Tax - RMRA (0060)
-
275,397
210
Measure M (0018;
-
35,710
215
Air Quality Management (0019)
-
285,638
233
Gen Plan Update Fees (0074)
-
177,012
234
Technology Impact Fees (0075)
-
71,385
238
City Traffic Impact Fees (0065)
-
185,000
242
City Pub Safety Impact Fee (0067)
-
38,633
243
City Quimby In Lieu Fee (0069)
-
299,428
246
TOD Traffic Impact Fees (0070)
-
314,601
247
TOD Sewer Impact Fees (0071)
-
125,971
248
TOD Streetscape Impact Fee (0072)
-
1,764
250
Thoroughfare Construction (0026)
-
4,172
270
CDBG Fund (0030)
28,936
-
280
Misc Grants Fund (0050)
2,308,837
1,990,962
401
City Capital Projects (0033)
4,785,291
3,175,892
Total
14,273,238
18,221,843
See Exhibit A on the attached resolution for a detailed list of projects being carried over.

FISCAL IMPACT:

The fiscal impact associated with the approval of this item is summarized below with the detailed budget adjustments as listed in Exhibit A.
674

City Council Agenda
September 17, 2024

Page 5 of 5 ends

Fund
Revenues
(Including Transfers -In)
Appropriations
(Including Capital & Transfers -Out)
General Fund
-
324,343
Special Revenue
1,447,091
1,486,876
Capital Pro'ects (AII Funds)
14,273,238
18,209,526
Enterprise Funds
132,790
429,090
Internal Service Fund
200,000
200,000
Total
16,053,119
20,649,835
Based upon preliminary FY 2024-25 projections, which reflect an increase in revenues of $7,150,174 and an increase in expenditures of $10,578,144, primarily for capital projects, it is anticipated that the General Fund unassigned fund balance will decrease by $3.9 million on June 30, 2025 for a reserve level of 23%. Of the $3.9 million, $3.1 million is related to capital projects, specifically the public safety building representing $2.1 million or 67% of this total amount. The City previously committed $3.5 million in fund balance for this project in FY 2022-

23. As this project has not been completed, this commitment is being carried over into FY 2024-

25. Staff will continue to monitor revenue and expenses throughout the fiscal year and develop a plan to increase reserves above 25% per Policy 460. It should be noted that historically revenue received for property tax has been higher than budget for the past several years and Staff is cautiously optimistic that this trend will continue for FY 2024-25, thereby helping to increase the projected reserve level. In addition Council recently directed Staff to research additional revenue opportunities that may be considered and Staff will be presenting those options in the coming month.

Prepared by: Reviewed and approved:

Jennifer Lampman Damien R. Arrula
Director of Finance City Administrator
Attachments:

1. Resolution R-2024-66 — Authorizing a Budget Amendment in Fiscal Year 2024-25 a. Exhibit A — Detailed Budget Adjustments

2. 2024 Q1 (January -March) Sales Tax Update

3. FY 2024-25 Property Tax Newsletter
675

RESOLUTION NO. R-2024-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2024-25 IN COMPLIANCE

WITH CITY CHARTER OF THE CITY OF PLACENTIA
SECTION 1206 PERTAINING TO APPROPRIATIONS FOR

ACTUAL EXPENDITURES
A. Recitals.
(i). The adopted budget for the 2024-25 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 2024-25, Resolution No. R-2024-38, is hereby amended to reflect the following available balances from FY2023-24 to the Account specified:

Fund
Description
Department
GL Account
Amount
Type
See Exhibit A

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

Resolution R-2024-66

Page 1 of 2 ends

ATTACHMENT 1
676

PASSED, ADOPTED AND APPROVED THIS 17th DAY OF SEPTEMBER 2024.

Jeremy Yamaguchi, 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 17th day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

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

Christian Bettenhausen, City Attorney
Resolution R-2024-66 ATTACHMENT 1

Page 2 of 2 ends

677

EXHIBIT A Operating Budget Adjustments
Key
Budget Division
Object
Q1 Adjustments
780000
Navigation Center
4095
1,381,636
503066
Fire FEMA Training
4201
65,455
370000
Refuse Administration Fund
4354
33,000
370000
Refuse Administration Fund
4358
80,840
370000
Refuse Administration Fund
4710
18,950
400000
Risk Management/Revenue
4399
88,000
404582
Risk Mgt/Liability
4710
112,000
Total Q1 Revenue
1,779,881
101512
Human Resources
6099
25,000
103041
Police Field Services
6148
7,000
103042
Police Investigation
6366
7,400
103043
Police Support Services
6099
3,755
103045
Animal Control
6280
27,558
103047
Traffic
6290
39,200
103652
Maint Svcs Street Maint
5005
26,000
103652
Maint Svcs Street Maint
6290
1,097
103654
Maint Svcs Facilities Maint
5005
47,600
103655
Medians and Parkways
6116
41,733
109595
General Government
6175
10,000
109595
General Government
6295
88,000
173555
Parks
6116
39,785
784070
Navigation Center CS
6290
1,331,636
784070
Navigation Center CS
6999
50,000
484356
Envrn Svcs Swr Maint Fnd-Swrs
6120
250,000
484356
Envrn Svcs Swr Maint Fnd-Swrs
6122
42,000
484356
Envrn Svcs Swr Maint Fnd-Swrs
6255
250
484356
Envrn Svcs Swr Maint Fnd-Swrs
6297
14,000
484356
Envrn Svcs Swr Maint Fnd-Swrs
6301
5,000
503066
Fire FEMA Training
6250
65,455
374386
Environmental Svcs Refuse Mgt
6099
30,000
374386
Environmental Svcs Refuse Mgt
6101
80,840
374386
Environmental Svcs Refuse Mgt
6290
7,000
404582
Risk Mgt/Liability
6201
200,000
Total Q1 Expense
2,440,309
678

EXHIBIT A Capital Projects
Org Keys
Description
Object
Carryforward
105213
Public Safety Building
4201
700,000
305101
Old City Hall ADA Improvement
4201
28,936
331801
GoldenAv Bridge JL61116
4201
2,200,000
105213
Public Safety Building
4205
250,000
332908
HSIP Traffic Singals
4206
1,643,000
505003
Powell Build HVAC
4206
208,837
507313
Jaycee Parkette Renovation
4206
610,000
507911
La Placita Parkette Improvemen
4206
640,000
509104
Chapman Corridor
4206
130,000
509105
Adoption of CEQA Guidelines
4206
20,000
105213
Public Safety Building
4210
5,551
505212
Senior/Community Center 35%
4210
500,000
101206
Caltrans Public Art Program
4240
1,079,825
501301
FY 2022-23 Roadway Rehab Proje
4241
200,000
331201
FY 2021-22 Roadway Rehab Proj
4299
232,929
331201
FY 2021-22 Roadway Rehab Proj
4710
309,362
331301
FY 2021-22 Roadway Rehab Proj Anaheim Reimbursement
4710
400,000
105213
Public Safety Building
4985
5,114,797
Total Revenue
14,273,238
509104
Chapman Corridor
6017
30,269
509105
Adoption of CEQA Guidelines
6017
20,000
749104
Chapman Corridor
6017
177,012
796302
IT Infrastructure Replacement
6364
60,949
101206
Caltrans Public Art Program
6730
109,750
101304
Citywide Median projects
6740
10,280
101508
City General Wayfinding Signage (No Monument or Gantry Signs) 6740
182,286
101509
City Intersection Street Name Sign Replacement (Wayfinding) 6740
131,701
181301
FY 2022-23 Roadway Rehab Proje
6740
35,710
331201
FY 2021-22 Roadway Rehab Proj
6740
62,145
331801
GoldenAv Bridge JL61116
6740
2,479,882
501301
FY 2022-23 Roadway Rehab Proje
6740
28,360
601509
City Intersection Street Name Sign Replacement (Wayfinding) 6740
275,397
701301
FY 2022-23 Roadway Rehab Project
6740
95,000
791302
FY 2022-23 Concrete Repair Pro
6740
457
791303
Citewide Median Improvements
6740
89,000
791304
Citywide Median projects
6740
9,937
192002
Orangethorpe TS Sync
6741
22,000
192203
Rose/Tustin Regional Traffic S
6741
53,000
192808
ImpHwy TS Synch-JL68010
6741
25,000
192809
ChapMal TSSynch-JL68004
6741
45,638
262002
Orangethorpe TS Synchro
6741
4,172
332908
HSIP Traffic Singals
6741
634,865
651508
City General Wayfinding Signage (No Monument or Gantry Signs) 6741
52,000
652002
Orangethorpe TS Synchro
6741
8,000
679

EXHIBIT A Capital Projects
Org Keys
Description
Object
Carryforward
652203
Rose/Tustin Regional Traffic S
6741
100,000
702001
TOD Traf Mitigation
6741
217,834
103101
TOD/Crowther Sewer Project
6750
8,731
713101
TOD/Crowther Sewer Project
6750
125,971
107507
Tuffree Park Sidewalk Replacement Project
6760
54,280
107510
Dog Park Planning and Design Services
6760
60,105
107911
La Placita Parkette Improvemen
6760
27,884
507313
Jaycee Parkette Renovation
6760
599,658
507911
La Placita Parkette Improvemen
6760
145,148
697210
Playground Resurfacing (Variou
6760
150,000
697212
McFadden Pergola Replacement
6760
50,000
697213
Koch Picnic Shelter Replacemen
6760
43,950
697302
Playground Shade Sails
6760
6,208
697303
Replace Park Benches
6760
49,270
797311
Gomez Park Landscape Improveme
6760
24,701
797507
Tuffree Park Sidewalk Replacement Project
6760
54,280
797508
Gomez Park and Playground Renovation Project
6760
96,110
797509
Koch Park Sidewalk Replacement Project
6760
50,000
109202
EIFD Design
6770
93,382
109401
ADA Transition Plan
6770
168,990
109402
IT Strategic Plan & Smart City Master Plan
6770
21,770
659302
Caltrans Sustainable Active Tr
6770
25,000
709201
Citywide Wayfinding Signage
6770
1,767
729201
Citywide Wayfinding Signage Pr
6770
1,764
799202
EFID Design
6770
90,096
799403
PW Maintenance Master Plan & Condition Assessment
6770
11,771
505003
Powell Build HVAC
6840
167,528
756205
Citywide Digitalization Proj
6840
71,385
796509
IT Emergency Repairs (Server HVAC & Key Reader System)
6840
185,000
108510
PD Patrol Units Replacement (7)
6842
89,407
105208
City Campus Modernization
6850
263,263
105212
Senior/Community Center 35%
6850
608,134
105213
Public Safety Building
6850
8,143,823
105307
Admin Office Improvement Project
6850
176,800
105507
Fire Station 2 Bay Door Replacement
6850
50,000
105508
EOC Office Space Renovation
6850
9,900
107508
Soil Samples for Gas Leak
6850
30,000
195208
City Hall Modernization Projec
6850
140,000
505212
Senior/Community Center 35%
6850
1,000,000
675308
Refurbish PD Traffic Bureau Wo
6850
324
675309
Refurbish PD Armory
6850
13,309
675311
Refurbish PD Motor Barn
6850
25,000
795208
City Hall Modernization
6850
126,449
795301
Refurbish Police Chief Admin C
6850
19,987
795302
Refurbish PD Jail Booking Area
6850
40,000
680

EXHIBIT A Capital Projects
Org Keys
Description
Object
Carryforward
795303
Refurbish PD Report Writing Ro
6850
25,000
795305
City Hall/PD Interior Lighting
6850
17,510
795307
EOC Office Improvement Project
6850
1,232
795313
Whitten Center Flooring Improv
6850
50,000
795508
Gomez Teen Center Technology Project
6850
34,000
Total Expense
18,209,525
681

CITY OF PLACENTIA

SALES TAX UPDATE
IQ 2024 (JANUARY - MARCH)

PLACENTIA
TOTAL: $ 1,944,399

6.6% -0.5% -0.3%
0 1Q2024 © COUNTY STATE
*Allocation aberrations have been adjusted to reflect sales activity $450,000
$400,000
$350,000
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
$0
Business
and
Industry

SALES TAX BY MAJOR BUSINESS GROUP
Autos
and
Transportation
County
and State
Pools
Fuel and
Service
Stations
Restaurants
and
Hotels
11 Building
and
Construction
General
Consumer
Goods
Food
and
Drugs
Legend
Q1 2023*
• Q1 2024*
Measure U
TOTAL: $2,054,856

1.0%

CITY OF PLACENTIA HIGHLIGHTS
Placentia's receipts from January
through March were 7.1% above the first
sales period in 2023. Excluding reporting
aberrations, actual sales were up 6.6%.

One time use tax payments helped
to boost revenue from the business -
industry sector.

The business -industry category reported
a strong sales quarter.

Revenue from general consumer goods
was up slightly compared to the year-
ago period.

Continued consumer interest in dining
out resulted in a modest increase in the
restaurant -hotels industry.

Prices at the pump were lower in 1Q24
than in 1Q23, resulting in reduced totals
from fuel -service stations.

Receipts from food -drugs remained flat
when compared to the first quarter of
2023.

Higher interest rates combined with
higher unit prices continued to plague
the auto -transportation sector.

The City's share of the countywide use
tax pool increased 6.7% when compared
to the same period in the prior year.

Measure U, the City's voter -approved
transactions and use tax, brought in an
additional $2,054,856.

Net of aberrations, taxable sales for all of
Orange County declined 0.5% over the
comparable time period; the Southern
California region was flat.

TOP 25 PRODUCERS
76 Arco AM PM
Audi North Oc
Beacon Sales
Acquisition
Bejac
Best 4 Less 76
Chevron
CVS Pharmacy
Dell Marketing
Facility Solutions Group
Fairway Ford Sales
Marshalls
Mason West
Nickey Petroleum
Print & Finishing
Solutions
Prosource of North
Orange County
Ralphs
Roofing Wholesale
Ross
SC Motors
Schorr Metals
Stater Bros
Suburban Propane
TMG
United Service
Technologies
HdL° Companies
www.hdlcompanies.com 1888.861.0220
Published by HdL Companies in Summer 682

1Q 2024

CITY OF PLACENTIA SALES TAX UPDATE

STATEWIDE RESULTS
California's local one cent sales and
use tax receipts during the months
of January through March were

0.2% lower than the same quarter
one year ago after adjusting for
accounting anomalies. The calendar
year first quarter is traditionally the
lowest sales tax generating period;
however, returns were more on par
with the comparison period.

One of the only sectors continuing
to display declines was autos -
transportation. High interest rates
created more expensive long-
term financing costs. Combined
with a dramatic cost of insurance
coverage rate spike, this group
declined 7.5%.

Fuel and service stations was the
other sector with a drop over last
year. As California drivers embark
on summer travel, they'll do so with
slightly elevated gas prices versus
2023, probably yielding the final
period of negative results for the
category heading into 2025.

During this post -holiday shopping
period, general consumer goods
experienced a soft rebound
with very modest 0.5% growth.

Although retailers selling gas were
hurt by fuel prices, it did not stop
family apparel and department
stores from lifting revenues.

Restaurant activity contributed
constant growth of 2.1%. Only
fine dining establishments remain
hindered as more affordable menus
are preferred. Also, it appears some
eateries made operational changes
while implementing AB 1228;
however, there isn't enough data
yet to understand if this new bill
impacted revenue.

Seemingly dramatic one-time
events helped boost business -
industry, as investments in office
supplies -furniture and energy
projects were a significant reason for

3.6% gains this quarter. Additionally,
strong fulfillment center direct
payments demonstrated sustained
IogisticaI expansion. When
coupled with improved returns
via the countywide use tax
pools, customers demonstrated
e -commerce preferences for
obtaining various goods. Overall
pool allocations improved 1.6%.

Statewide, 2024 begins in a more
positive fashion compared to the
recent trends of 2023. Buoyed 1st
quarter results may signify 'the floor'
helping ease tax revenue concerns
while awaiting the next growth
cycle. The Federal Reserve and
their position with the Fed Funds
Rate remains the most probable
component between economic
stagnation or spring -boarding
consumer spending. Tourism and
local travel in the coming summer
period could further inspire
confidence.

SALES TAX RATE BREAKDOWN
State General Fund
City/County General Fund (Bradley -Burns)
Placentia Measure U (PLCT)
County Public Safety (Prop 172)
County Realignment (Mental Health/Welfare/Public Safety) Countywide Transportation Fund
Orange County Local Transportation Authority (OCTA) (OCTA)

8.75%

3.9375%

1.0000%

0.5000%

1.5625%

0.2500%

0.5000%
Tax Rate Effective April 01, 2019

8.7500%

TOP NON -CONFIDENTIAL BUSINESS TYPES
Placentia
Business Type
Service Stations
Casual Dining
Quick -Service Restaurants
Heavy Industrial
Building Materials
Family Apparel
Grocery Stores
Contractors
Auto Repair Shops
Light Industrial/Printers
Q1 '24* Change
201.5 3.9%
118.6 -7.7%©
115.0 3.4%0

74.2 34.2%O

72.2 25.0%O

54.1 12.6%©

48.2 2.5%©

46.9 6.7%©

41.6 3.1%©

34.3 -14.6%©
*Allocation aberrations have been adjusted to reflect sales activity County HdL State
Change Change
-0.2%© -0.8%©

2.0%© 2.3%©

4.4%0 2.7%0

9.8%O -4.1%e

3.5%0 -0.7%©

0.8%© 7.4%©

3.5%© 2.8%©

8.8%© 4.4%©
-1.5%© -1.9%©
-2.1% -1.3%©
"In thousands of dollars
683

THE CITY OF PLACENTIA

PROPERTY TAX NEWSLETTER
TAX YEAR 2024/25

TAXABLE ASSESSED VALUE
$9.5 BILLION
+5.7% grai
PLACENTIA lir
+5.4% gni
COUNTY Illar

VALUE GROWTH (IN BILLIONS)

1.0B

0.8B

0.6B

0.4B

0.2B

0.0B
-0.2B

HISTORY OF VALUE CHANGES BY CAUSE

INCLUDING TOTAL ASSESSED VALUE

5.9B 6.1B 6.4B 6.8B 7.1B 7.4B 7.6B

8.1B

9.0B

9.bB
t -f■ ■ i-r
t _ 1
2015 2016
2017
OTHER
2018 2019
2020 2021
2022
■ PRIOR YEAR TRANSFER ■ PROP. 13 INFLATION NEW CONSTRUCTION

OF OWNERSHIP ADJUSTMENT
2023
2024
The Other change category may include effects of assessment appeals, multi parcel sales, and changes to secured exemptions, personal property, or utility -owned property values

PROPERTY

HIGHLIGHTS
The largest increase in secured assessed value
was 1500 Cherry Street which increase $13.8
million primarily as a result of change of
ownership.

The second largest increase in secured
assessed value was 550 W Crowther Avenue
which increased by $11.3 million as a result of
change of ownership.

The third largest increase was 1314 N Angelina
Drive which increased by $10.7 million as a
result of a dropped exemption.

The fourth largest increase was 172 E La Jolla
Street which increased by $5.8 million as a
result of change of ownership.

TOP 10 OWNERS
WITH PRIMARY USE CATEGORY, TOTAL VALUE AND % OF ALL VALUE 1 310 S JEFFERSON STREET GROUND OWNER LP
2 MG HERALD APARTMENTS LLC
3 JEFFERSON CENTERPOINT LLC
4 PLACENTIA 422
5 GELT CHERRY STREET FEE OWNER LLC
6 VILLA ANGELINA APARTMENT FUND LIMITED
7 GRI VILLAGE CENTER LLC
8 HP BRADFORD TERRACE LLC
9 NMC PLACENTIA LLC
10 SEDONA-PLACENTIA OWNER LLC
RESIDENTIAL $184 MILLION 1.94%
RESIDENTIAL $137 MILLION 1.44%
RESIDENTIAL $71.7 MILLION 0.76%
RESIDENTIAL $64.4 MILLION 0.68%
RESIDENTIAL $63.2 MILLION 0.67%
RESIDENTIAL $61.3 MILLION 0.65%
COMMERCIAL $60.6 MILLION 0.64%
RESIDENTIAL $45.8 MILLION 0.48%
COMMERCIAL $42.3 MILLION 0.45%
RESIDENTIAL $42.1 MILLION 0.44%
TOP 10 TOTAL
$773 MILLION 8.14 %
hdlcompanies.com/proptax 1714 879.5000
Published by HdL° Coren & C 684

Agenda Item No: 3.a

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: September 17, 2024
Submitted by: Nicolette Drulias
From: Administrative Services
Subject:

Consider the Formation of a Council Ad -Hoc Committee for a Limited Duration to work with Staff in developing draft recommendations for the upcoming City Centennial, including the structure of a future Steering Committee; the Ad -Hoc Committee will exist until Recommendations are made to the full Council or until February 2025 Financial Impact:

Fiscal Impact:

None
Summary:

The City of Placentia created a working group of Staff from the City Administrator's Office, Community Services, and Public Works to begin initial planning efforts for the City's upcoming centennial celebration in 2026. The City will celebrate its centennial on December 2, 2026, and plans to celebrate all year long with centennial-themed events, merchandise, a new City logo and updated branding, community involvement, a special birthday party celebration in December 2026, and more. In order to promote community involvement and ensure we are including unique community events and programs for this celebration; Staff is recommending initially the establishment of an Ad -Hoc City Council Centennial Committee comprised of two Councilmembers. The two Councilmembers will work with Staff to prepare draft recommendations for programming, events, and other items associated with the future centennial to the City Council for their consideration at a later date. Additionally, the two Councilmembers along with Staff will present recommendations for the composition of a Steering Committee comprised of different City organizations, non -profits and recognized community groups.

Recommendation:

Recommended Action: It is recommended that the City Council:

1. Formally appoint two (2) City Council members to an Ad -Hoc Centennial Committee to work with Staff to develop draft recommendations for events, programming and the structure of a future Centennial Steering Committee; and

2. Present said recommendations to the City Council in January 2025. 685

Strategic Plan Statement:

This item is consistent with the City Council approved 5 -Year Strategic Goal to Increase Community Engagement/ under Objectives #4.1 and #4.2, which is to Evaluate Alternative and More Creative Methods of Community Outreach and Increase Community Engagement/Outreach.

Discussion:

The City of Placentia is approaching a significant milestone with its centennial celebration set for December 2, 2026. Recognizing the importance of this historic event, the City has initiated early planning efforts by creating a working group composed of key staff members from the City Administrator's Office, Community Services, and Public Works. This team has already begun laying the groundwork for a year -long celebration with community engagement efforts and activities highlighting Placentia's rich history and strong community.

As part of the centennial celebration, the City plans to introduce centennial-themed merchandise, unveil a new City logo and updated branding, and organize various events throughout 2026. These efforts will culminate in a birthday party celebration in December, commemorating the official 100th anniversary of Placentia's incorporation. The centennial allows the community to unite, encouraging pride and participation among residents, businesses, and local organizations.

To ensure that this celebration is inclusive and reflects the City's heritage, Staff recommends forming a Centennial Steering Committee at a later date. This Committee would be composed of representatives from City Staff, City Council, and various City organizations. The Steering Committee's primary role would be guiding the planning process, providing input on events, activities, fundraising, and outreach efforts while ensuring the celebration resonates with all of the community.

Staff recommends that the City Council appoint two (2) City Council Members to the Centennial Ad -Hoc Committee to provide feedback and recommendations on the composition of the future Centennial Steering Committee and the process to appoint community members to the Committee. These recommended actions will enable the City to move forward with its centennial planning strategically and inclusively.

Fiscal Impact Summary:

At this time, there is no fiscal impact associated with this item. The recommended actions will provide Staff with feedback and direction for beginning the centennial planning process. If approved, Staff plans to start meeting with the Ad -Hoc Committee as soon as possible and bring back their recommendations for approval to the larger City Council at the January 14, 2025, City Council Meeting with the goal of beginning to meet with the Steering Committee at the end of February 2025.
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LEASE OF CNG FUELING STATION
This Lease dated as of October 1, 2024 ("Date of this Lease") is made and entered into by and between the CITY OF PLACENTIA, a Charter City and municipal corporation ("CITY") and Trillium USA Company, dba California Trillium Company ("TRILLIUM") with regard to the leasing of certain portions of CITY's Corporation Yard, together with rights of access and entry thereto ("Lease").

1. Premises. CITY hereby agrees to lease to TRILLIUM and TRILLIUM agrees to lease from CITY that certain real property, together with improvements thereon, located in the City of Placentia, California, commonly known by the street address of 2999 E. La Jolla, hereinafter referred to as "the Premises", all as more particularly described in the plat attached hereto as Exhibit "A" and by this reference made a part hereof. The Premises includes improvements containing a Compressed Natural Gas Fueling ("CNG") Facility, with related appurtenances. CITY hereby grants to TRILLIUM a license over the driveway/road depicted on Exhibit "A" attached hereto in order to allow TRILLIUM and its employees, agents, invitees, customers, and other third parties to gain access to the Premises to and from the public road and such license shall be irrevocable during the Term (as defined below). Said Lease is subject to the terms, covenants, and conditions hereinafter set forth covenants, as a material part of the consideration for this Lease, to keep and perform each and every term, covenant, and condition of said Lease.

2. Term. The term ("Term") of this Lease shall extend from October 1, 2024 ("Commencement Date") until June 30, 2029. The twelve (12) -month period commencing on July 1, 2025, and each twelve (12) -month period commencing on July 1 throughout the Term, as extended, shall be referred to herein as a "Lease Year". Upon termination of this Lease, or any extension hereof, TRILLIUM shall quit the Premises and leave the same in a broom -clean condition. The agreement may be extended for an additional five-year term upon agreement of the parties.

3. Rent.

Base Rent. TRILLIUM and CITY agree that, subject to the terms of this Lease, during the Term specified in § 2, above, TRILLIUM shall pay to CITY, as base rent, the sum of Eighty Thousand Dollars ($80,000.00) per Lease Year. TRILLIUM and CITY agree that TRILLIUM shall pay to CITY said base rent within 30 days after each July 1 during the Term hereof, with the first years' rent of Sixty Thousand Dollar ($60,000.00) payable within 30 days after execution of the Lease by both CITY and TRILLIUM. Base rent payments shall commence and be payable to CITY within 30 days after July 1, 2025 and each Lease Year of the initial Term thereafter. Said rental, and any royalty or other payments to be made hereunder shall be paid to CITY, without deduction or offset except as expressly set forth in this Lease, in lawful money of the United States of America, at 401 E. Chapman Avenue, Placentia, California 92870, or at such other place as CITY may designate, in writing.

A. Royalty Payment(s). TRILLIUM and CITY further agree that, during the Term specified in § 2, above, TRILLIUM shall pay to CITY a sum equal to TRILLIUM's Four percent (4%) of all Revenue. Said royalty payment(s) shall be made annually, for the previous Lease Year, within 10 days of the end of the fiscal year, June 30.

B. Volumetric Excise Tax Credit ("VETC"). TRILLIUM and CITY agree that TRILLIUM will be eligible to file for, and receive, the VETC and that CITY shall not have any interest or rights to the same. While the VETC is in effect, TRILLIUM will refund CITY the credit received on all CITY fuel sales less the amount of applicable excise taxes. For example, if 1 687

TRILLIUM receives a $0.50 per GGE VETC, and taxes equate to $0.183 per OGE, TRILLIUM will refund the CITY .317 per OGE. To facilitate TRILLIUM's responsibilities to file for the VETC, ownership of the station gas meter will be transferred from the CITY to TRILLIUM and CITY shall take such other actions as a reasonably requested by TRILLIUM. If any VETC refunded to CITY is disallowed in a subsequent audit (unless due to the negligence of TRILLIUM), CITY shall reimburse TRILLIUM for such disallowed amount, including any additional interest or penalties that may be assessed.

C. Renewable Natural Gas Credit. TRILLIUM and CITY agree that, in the event that RNG, as defined by CalRecycle, becomes commercially available, TRILLIUM shall obtain 55,881 diesel gallon equivalent (DGE) of renewable natural gas (RNG) in calendar year 2024 and 85,971 DGE of RNG each calendar year through the Term specified above, which shall be credited to CITY. TRILLIUM shall provide documentation to CITY that RNG is deemed renewable per Department of Resources Recycling and Recovery (CalRecycle) definition and procured from a permitted anaerobic digestion facility in California. RNG procured from any other source or procured without CalRecycle acceptable documentation shall not be considered RNG.

D. TRILLIUM shall not be obligated to pay any rent or other amounts to CITY except as expressly set forth in this Section 3.

4. Audit. CITY shall have the right to audit TRILLIUM's financial statements related solely to the City's CNG Station every two (2) years. CITY shall select the auditor and shall cover one hundred percent (100%) of the cost of the audit.

5. Use. TRILLIUM shall use the Premises as a CNG facility and related uses, and shall not use or permit the Premises to be used for any other purpose without the prior written consent of CITY. Without limiting TRILLIUM's right to operate as a CNG Facility, TRILLIUM shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the existing rate of or affect any fire or other insurance upon the Premises or any of its contents, or cause cancellation of any insurance policy covering the Premises or part thereof or portion of its contents. Neither party to this Lease shall do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of the other party hereto or injure or annoy them or either parties' use or allow or permit the Premises to be used for any improper, immoral, unlawful, or objectionable purpose, nor shall either party cause, maintain, or permit any nuisance in or about the Premises nor commit or suffer to be committed any waste in or upon the Premises.

6. Compliance with Law. Without limiting TRILLIUM's right to operate a CNG Facility, TRILLIUM shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance, or other governmental rule or regulation now in force or which may hereinafter be enacted or promulgated. TRILLIUM shall, at its sole cost and expense, cause its operations and other activities on the Premises to promptly comply with all Federal, State, and CITY laws, statutes, ordinances, and other governmental rules, regulations, or requirements now in force or which may hereinafter be enacted or promulgated, including, but not limited to, Americans with Disabilities Act requirements, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting the condition, use or occupancy of the Premises (collectively, "Laws and Regulations"), excluding structural changes not related to or affected by TRILLIUM's use(s) and acts. The final, non -appealable judgment of a court of competent jurisdiction or the admission by TRILLIUM in any action against TRILLIUM, whether CITY be a 2 688

party thereto or not, that TRILLIUM has violated any law, statute, ordinance, or any other governmental rule or regulation shall be conclusive of that fact as between CITY and TRILLIUM.

7. Alterations and Additions.

A. General. TRILLIUM shall not make or suffer to be made any alterations, additions, or improvements in or to or about the Premises or any part thereof, with a cost in excess of TEN THOUSAND ($10,000.00), without the written consent of CITY first had and obtained. Any alterations, additions, or improvements in, to or about the Premises including, but not limited to, wall coverings, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall on the expiration of the Term, or any extension(s) thereof, become a part of the realty and belong to CITY and shall be surrendered with the Premises. If CITY's consent is required, and CITY consents to the making of any alterations, additions or improvements to the Premises by TRILLIUM the same shall be made by TRILLIUM at TRILLIUM's sole cost and expense. Upon the expiration or sooner termination of the Term hereof, TRILLIUM shall, upon written demand by CITY given at least twenty (20) calendar days prior to the end of the Term, or any extension(s) thereof, at TRILLIUM's sole cost and expense, forthwith and with all due diligence remove any alterations, additions, or improvements made by TRILLIUM designated by CITY to be removed, and TRILLIUM shall, forthwith and with all due diligence at its sole cost and expense, repair any damage to the Premises caused by such removal.

B. Mandatory Capital Improvements. TRILLIUM shall be responsible for all capital improvements to the station and solely responsible for funding all costs for such improvements.

8. Physical Condition of Premises; Waiver.

A. Except as set forth herein, by taking possession of the Premises, TRILLIUM shall be deemed to have accepted the Premises as being in good sanitary order, condition, and repair. TRILLIUM shall, at TRILLIUM's sole cost and expense, keep the Premises and any part thereof, including, but not limited to, roof, structure, foundation, parking areas, and equipment, in good condition and repair. TRILLIUM shall, upon the expiration or sooner termination of this Lease, or any extension(s) thereof, surrender the Premises to CITY in good condition. CITY shall have no obligation whatsoever to alter, improve or repair the Premises, or any part thereof, and the parties hereto affirm that CITY has made no representations to TRILLIUM respecting the condition of the Premises except as specifically set forth herein.

TRILLIUM further agrees that it shall submit to CITY, prior to applying for any permits to renovate, reconstruct, improve, alter, or in any way modify the Premises, plans and specifications for CITY's approval.

B. CITY shall not be liable for any failure to make any such repairs, or to perform any maintenance except as specifically provided in this Lease. Except as may otherwise be provided herein, there shall be no abatement of rent and no liability of CITY by reason of any injury to or interference with TRILLIUM's business arising from the making of any repairs, alterations, or improvements in or to any portion of the Premises or in or to any fixtures, appurtenances, and equipment therein. TRILLIUM hereby specifically waives the right to make repairs at CITY's expense under any law, statute, or ordinance now or hereafter in effect provided that TRILLIUM shall be entitled to pursue any other remedies against CITY in connection with the same.

C. Subject to the terms of this Lease, TRILLIUM shall accept possession of the Premises, in an "as is" physical condition with no warranty, express, or implied, by CITY as to 3 689

the condition of the soil, its geology, the presence of known or unknown faults, its suitability for the use intended by TRILLIUM, any onsite soils contamination or any similar matters; provided, however, TRILLIUM shall have the right, but not the obligation, to perform an inspection of the Premises. If the Premises is unacceptable to TRILLIUM for any reason, in its sole discretion, then TRILLIUM shall have the right to terminate this Lease by providing a written notice to CITY within thirty (30) days after this Lease is executed by both TRILLIUM and CITY. If TRILLIUM elects to so terminate this Lease, neither party shall have any further rights or obligations under this Lease.

D. Notwithstanding anything in this Lease to the contrary, but subject to the obligations of TRILLIUM expressly set forth in Section 7.E below, TRILLIUM shall not have any liability for, and shall have no obligation to remediate or otherwise address in any manner any condition affecting the Premises prior to the Date of this Lease, including without limitation, any hazardous materials or conditions affecting the Premises prior to the Date of this Lease in violation of any and all present or future federal, state and local laws (whether under common law, statute, rule, regulation or otherwise), including, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601 through 9675, inclusive; Transportation of Hazardous Materials, 49 U.S.C. App.§§ 5101 through 5128, inclusive; the Federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901 through 6992, inclusive; 40 C.F.R. Parts 260 through 271, inclusive; the Carpenter -Presley -Tanner Hazardous Substance Account Act, California Health and Safety Code§§ 78000 through 81050, inclusive; the California Hazardous Waste Control Act (HWCA), California Health and Safety Code §§ 25100 through 25259, inclusive; the Porter -Cologne Water Quality Control Act, California Water Code §§ 13000 through 16104, inclusive; and the Underground Storage of Hazardous Substances Act (USHS), California Health and Safety Code§§ 25280 through 25299.8, inclusive, all as the same may be amended from time to time (collectively, "Environmental Laws"), relating to the environment or to any hazardous substance, activity or material connected with the condition of the Premises.

E. TRILLIUM shall be responsible for the handling and disposal of any soils excavated by TRILLIUM in connection with the construction of the capital improvements to be installed by TRILLIUM, but TRILLIUM shall not be responsible for causing the Premises to comply with the requirements of any Environmental Laws notwithstanding that such compliance is required due to TRILLIUM's excavations.

9. Claims Against Premises. TRILLIUM shall not suffer or permit to be enforced against the Premises, or any part thereof, any mechanic's, materialman's, contractor's or subcontractor's liens ("Claims") arising from, any claim for any work of construction, repair, restoration, replacement, or improvement of or to the Premises, but TRILLIUM shall pay or cause to be paid or bonded over any and all such claims or demands before any action is brought to enforce the same against the Premises. TRILLIUM agrees to defend, indemnify and hold CITY, CITY's elected and appointed officials, officers, employees, and agents and the Premises free and harmless from all liability for any and all such Claims together with CITY's reasonable attorneys' fees and all costs and expenses in connection therewith.

10. Maintenance of Premises. Except to the extent arising out of a breach by the CITY under this Lease, TRILLIUM agrees to maintain the grounds in and about the Premises as specified in Exhibit "B" hereto, by this reference incorporated herein and made a part hereof and to agrees to perform all scheduled and emergency maintenance at CNG Fueling Station at no cost to CITY. Maintenance of said Premises shall be to the reasonable satisfaction of CITY. 4 690

11. Equipment and Fixtures. Attached hereto as Exhibit "C" is an inventory of equipment and fixtures to be included with the Premises ("equipment"). CITY agrees that TRILLIUM is authorized to utilize said equipment during the Term of this Lease and any extension(s) thereof.

Any and all equipment provided to TRILLIUM hereunder shall be properly maintained during the Term hereof and any extension(s), and TRILLIUM agrees to repair any damaged equipment or replace equipment destroyed or irreparably damaged with like kind and quality.

12. Utilities. TRILLIUM shall pay the cost of any and all water, electrical, gas or other utility services delivered to the Premises during the Term hereof and shall have such utilities installed and/or connected and maintained at TRILLIUM's sole cost and expense.

13. Taxes. TRILLIUM shall pay, or cause to be paid, before delinquency, any and all real property taxes and assessments and/or possessory interest taxes levied or assessed and which become payable during the Term hereof upon all of TRILLIUM's interest in and to the Premises, and the improvements, equipment, furniture, fixtures and personal property located in or about the Premises. TRILLIUM agrees that, without prior demand or notice by CITY, TRILLIUM shall, not less than fifteen (15) calendar days prior to the day upon which any such tax is due, provide CITY with proof of payment of such tax. Notwithstanding the foregoing, in the event any and all real property taxes and assessments and/or possessory interest taxes that TRILLIUM is obligated to pay would exceed Five Thousand Dollars ($5,000.000) in any calendar year, the parties agree to discuss a commensurate reduction in the amount of Base Rent. If CITY and TRILLIUM are unable to agree upon a reduced Base Rent within thirty (30) days after TRILLIUM first requests, in a written notice to CITY, that the parties discuss the reduction in Base Rent, then, TRILLIUM may terminate this Lease by providing written notice to CITY in which event this Lease shall te1minate and neither party shall have any further rights or obligations under this Lease.

14. Holding Over. If TRILLIUM remains in possession of the Premises or any part thereof after the expiration of the Term hereof, or any extension(s) as provided hereunder, with the express written consent of CITY, such occupancy shall be a tenancy from month -to -month.

15. Entry by CITY. TRILLIUM hereby agrees that representatives of the CITY, as designated by CITY's City Administrator, shall have, at all times, the right to enter the Premises and inspect the same to determine if the same complies with each and every Term and condition of this Lease and with all applicable CITY, County, State, and Federal laws, rules, ordinances and regulations relating to occupancy and the conduct of TRILLIUM's business. TRILLIUM hereby waives any claim for damages or for any injury or inconvenience to or interference with TRILLIUM's business, any loss of occupancy or quiet enjoyment of the Premises and any loss occasioned thereby to the extent CITY's actions causing the same rules, ordinances, and regulations. For each of the aforesaid purposes, CITY shall at all times have and retain a key with which to unlock all of the doors in, upon and about the Premises, excluding TRILLIUM's vaults, safes, and files, and CITY shall have the right to use any and all means which CITY may deem proper to open said doors in an emergency, in order to obtain entry to the Premises without liability to TRILLIUM except for any failure to exercise due care for TRILLIUM's property. Any entry to the Premises obtained by CITY by any of said reasons, or otherwise, shall not, under any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of TRILLIUM from the Premises or any portion thereof.

16. Default. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by TRILLIUM:
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A. Abandonment of the Premises by TRILLIUM without an intent to resume operations at the Premises, except upon written notice to CITY at least five (5) business days prior to such vacation in which case such vacation shall not be a default or breach and instead shall be deemed, for all purposes, to be a surrender of the Premises and termination of this Lease.

B. The failure by TRILLIUM to make any payment of rent or any other payment required to be made by TRILLIUM hereunder, as and when due, where such failure shall continue for a period often (10) calendar days after written notice thereof by CITY to TRILLIUM.

C. A failure by TRILLIUM to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by TRILLIUM, other than as described in § 16.B, above, where such failure shall continue for a period of fifteen (15) calendar days after written notice thereof by CITY to TRILLIUM, provided, however, that if the nature of the default involves such that more than fifteen (15) calendar days are reasonably required for its cure, then TRILLIUM shall not be deemed to be in default if TRILLIUM commences such cure within such fifteen (15) calendar day period and thereafter diligently prosecutes said cure to completion.

D. The making by TRILLIUM of any general assignment or general arrangement for the benefit of creditors, or the filing by or against TRILLIUM of a petition to have TRILLIUM adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against TRILLIUM, the same is dismissed within thirty (30) calendar days); or the appointment of a trustee or a receiver to take possession of substantially all of TRILLIUM's assets located in or about the Premises or of TRILLIUM's interest in this Lease, where possession is not restored to TRILLIUM within thirty (30) calendar days; or the attachment, execution or other judicial seizure of substantially all of TRILLIUM's assets located in or about the premises or of TRILLIUM's interest in this Lease, where such seizure is not discharged in thirty (30) calendar days. Each of the thirty (30) -day periods set forth in this Section 15.D shall be extended as reasonably necessary if TRILLIUM is diligently pursuing the dismissal or other cure set forth herein.

17. Remedies in Default. In the event of any such material default of breach by TRILLIUM, CITY may at any time after expiration of the applicable notice and cure period as set forth in Section 15:

A. Terminate TRILLIUM's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and TRILLIUM shall immediately surrender possession of the Premises to CITY. In such event, CITY shall be entitled to recover from TRILLIUM all damages incurred by CITY by reason of TRILLIUM's default including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting, if any, including necessary renovation and alteration of the Premises, for reasonable attorneys' fees and costs, any real estate commission actually paid, or the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that TRILLIUM proves could be reasonably avoided. Unpaid installments of rent or other sums shall bear interest from due date thereof at the rate of twenty-five (25%) per annum or at the maximum legal rate then in effect in California, whichever is higher. In the event TRILLIUM shall have abandoned the Premises, CITY shall have the option of (1) Taking possession of the Premises and recovering from TRILLIUM the amount specified in this subparagraph, or (2) Proceeding under the provisions of the following subparagraphs.
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B. Maintain TRILLIUM's right to possession, in which case this Lease shall continue in effect whether or not TRILLIUM shall have abandoned the Premises. In such event, CITY shall be entitled to enforce all of CITY's rights and remedies under this Lease, including the right to recover rent as it becomes due hereunder.

C. Pursue any other remedy now or hereafter available to CITY under the laws or judicial decisions of the State of California. Furthermore, TRILLIUM agrees that no election by CITY as to any rights or remedies available hereunder or under or pursuant to any law or judicial decisions of the State of California shall be binding upon CITY until the time of trial of any such action or proceeding.

18. CITY Default. The following shall be deemed a "CITY Default" by CITY hereunder and a material breach of this Lease: If CITY fails to keep, perform, or observe any of the covenants, agreements, terms, or provisions contained in this Lease that are to be kept or performed by CITY and CITY fails to commence and take such steps as are necessary to remedy the same within thirty (30) days after CITY is given written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy the same. If a CITY Default occurs, TRILLIUM may, at any time thereafter prior to the curing thereof and without waiving any other rights hereunder or available to TRILLIUM at law or in equity TRILLIUM's rights being cumulative), do any one or both of the following:

A. If CITY's Default renders all or any portion of the Premises untenantable for those uses incidental to or customarily associated with the CNG Facility for more than 15 calendar days, TRILLIUM may terminate this Lease, in which event TRILLIUM shall have no further rights, duties or obligations hereunder.

B. TRILLIUM may perform CITY's obligations hereunder and offset the reasonable costs and expenses incurred by TRILLIUM in doing so against Base Rent thereafter coming due hereunder.

19. Peaceful Possession. CITY covenants that TRILLIUM, so long as it is not in default under this Lease, shall and may peaceably and quietly have, hold, occupy, use and enjoy the Premises during the Term and may exercise all of its rights hereunder, subject only to the provisions of this Lease and applicable governmental laws, rules and regulations. CITY agrees to warrant and forever defend TRILLIUM's right to such occupancy, use and enjoyment and the title to the Premises against the claims of any and all persons whomsoever lawfully claiming the same, or any part thereof, by. through or under CITY.

20. Offset Statement. TRILLIUM shall, at any time and from time to time upon not less than ten (10) calendar days' prior written notice from CITY, execute, acknowledge, and deliver to CITY a statement in writing: A. Certifying that this Lease is unmodified and in foll force and effect or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any; and B. Acknowledging that there are not, to TRILLIUM's knowledge, any uncured defaults on the part of CITY hereunder, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the property of which the Premises are a part.

CITY shall, at any time and from time to time upon not less than ten (10) calendar days' prior written notice from TRILLIUM, execute, acknowledge, and deliver to TRILLIUM a statement in writing: A. Certifying that this Lease is unmodified and in full force and effect or, if modified, 7 693

stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect and the date to which the rental and other charges are paid in advance, if any; and B. Acknowledging that there are not, to CITY's knowledge, any uncured defaults on the part of TRILLIUM hereunder, or specifying such defaults if any are claimed. Any such statement may be relied upon by any prospective purchaser or encumbrancer of all or any portion of the property of which the Premises are a part.

21. Assignment and Subletting. TRILLIUM shall not assign or transfer this Lease or any right hereunder to any other party or parties nor shall TRILLIUM sublet all or any portion of the Premises without first obtaining the written consent of CITY Any assignment or subletting of the Premises without such prior written consent shall be void for all purposes and CITY may, at its option, declare a forfeiture of the same in any manner provided by law. Consent to any such assignment or subletting shall be at CITY's sole discretion and CITY is not required hereunder to consent to any such proposed assignment of subletting of the Premises; provided, however, if CITY fails to approve any assignment of lease or other conveyance of TRILLIUM's interest in this Lease in connection with a sale of all, or substantially all, of the assets of TRILLIUM located in the state of California, then TRILLIUM may elect to terminate this lease by providing written notice to CITY. If TRILLIUM elects to so terminate this Lease, neither party shall have any further rights or obligations under this Lease.

22. Attorneys' Fees. In the event that any action or proceeding is brought by either party to enforce any term or provision of this Lease, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto.

23. Fixtures. All trade fixtures and/or temporary facilities or equipment installed in or on the Premises by TRILLIUM may be removed by TRILLIUM at any time during the Term of this Lease, or upon the expiration of the Term, so long as the same may be removed without permanent damage to the Premises. TRILLIUM shall repair all damage which may result therefrom to the reasonable satisfaction of CITY.

24. Indemnification. TRILLIUM agrees to defend, indemnify, and hold CITY and its elected and/or appointed officials, officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of TRILLIUM's negligence or TRILLIUM's acts or those of TRILLIUM's employees, agents, guests, or invitees in connection with TRILLIUM's use and occupancy of the Premises. CITY agrees to defend, indemnify, and hold TRILLIUM and its officers, agents, and employees free and harmless from all claims for damage to persons or property by reason of CITY's negligence or CITY's acts or those of CITY's employees, agents, guests, or invitees.

25. Insurance.

A. Fire and Extended Coverage.

1. TRILLIUM's Duty to Keep Improvements Insured. Throughout the Term hereof, at TRILLIUM's sole cost and expense, TRILLIUM shall keep or cause to be kept insured, for the mutual benefit of CITY and TRILLIUM all improvements located on or appurtenant to the Premises against loss or damage by fire and such other risks as are now or hereafter included in an extended coverage endorsement in common use for such structures, including vandalism and malicious mischief. The amount of insurance shall be no less than ninety percent (90%) of the then replacement cost, excluding costs of replacing excavations and foundations but without deduction for depreciation (herein called "full insurable value"). CITY shall not carry any 8 694

insurance the effect of which would be to reduce the protection or payment to TRILLIUM under any insurance that this Lease obligates TRILLIUM to carry. If any dispute as to whether the amount of insurance complies with the above cannot be resolved by agreement, CITY may, not more than once every three (3) months, request the carrier of the insurance then in force to determine the full insurable value as defined in this provision, and the resulting determination shall be conclusive between the parties for the purposes of this paragraph. TRILLIUM shall include the holder of any mortgage on the Lease as a loss payee to the extent of that mortgage interest.

2. Proceeds of Fire and Extended Coverage Insurance. CITY shall, at TRILLIUM's sole cost and expense, cooperate fully with TRILLIUM to obtain the largest possible recovery, and all policies of fire and extended coverage insurance required by subparagraph 24.A.1, above, shall provide that the proceeds shall be paid to CITY as follows:
a. The proceeds shall be deemed to be held in trust by the recipient to the uses and purposes prescribed by this Lease.
b. Disbursements of proceeds for repair, restoration, or reconstruction of improvements shall be made monthly on architect's certificates until all the work is completed and accepted; provided, however, that such disbursements shall not exceed ninety percent (90%) of the work in place until completion, acceptance, expiration of time for lien claims, and elimination of all liens claimed.
c. Any insurance proceeds remaining after complying with the provisions of this Lease relating to maintenance, repair, and reconstruction of improvements shall be the sole property of TRILLIUM
B. Insurance Requirements. Throughout the Term hereof, at TRILLIUM's sole cost and expense, TRILLIUM shall keep or cause to be kept in full force and effect, for the mutual benefit of CITY and TRILLIUM's insurance, in amount(s) and form(s) required by CITY's insurance requirements as set forth in Exhibit "D".

26. Authority of Parties. Each individual executing this Lease on behalf of TRILLIUM represents and warrants that he or she is fully authorized to execute and deliver this Lease on behalf of TRILLIUM and that this Lease is binding upon TRILLIUM in accordance with its terms.

27. Waiver. The waiver by either Party of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition on any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by CITY shall not be deemed to be a waiver of any preceding breach by TRILLIUM of any term, covenant, or condition of this Lease, other than the failure of the TRILLIUM to pay the particular rental so accepted, regardless of CITY's knowledge of such preceding breach at the time of acceptance of such rent.

28. Time/Force Majeure. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor; provided, however, TRILLIUM shall not be considered in default in the event of: Riots, wars, sabotage, civil disturbances, insurrections, acts of government agencies, failure of local, State, or Federal agencies to issue necessary permits or licenses, strikes, or other labor disturbances, explosion, natural disasters such as floods, earthquakes, landslides, and fires, and "other catastrophic events" which are beyond the 9 695

reasonable control of TRILLIUM. The term "other catastrophic events" does not include: A.

The financial inability of TRILLIUM to perform; or B. The failure to obtain the right, or the loss of the right, to use the facilities of any public utility where such failure is due in substantial part to the acts or omissions of TRILLIUM.

29. Late Charges. TRILLIUM hereby acknowledges that late payment by TRILLIUM to CITY of rent or other sums due hereunder will cause CITY to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of rent or of a sum due from TRILLIUM shall not be received by CITY or CITY's designee within ten (10) calendar days after written notice that said amount is past due, then TRILLIUM shall pay to CITY a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that CITY will incur by reason of the late payment by TRILLIUM. Acceptance of such late charges by CITY shall in no event constitute a waiver of TRILLIUM's default with respect to such overdue amount, nor prevent CITY from exercising any of the other rights and remedies granted hereunder.

30. Sale of Premises by CITY. In the event of any sale of the Premises, CITY shall be and hereby in entirely freed and relived of all liability under any and all of the covenants and obligations contained in or derived from this Lease arising out of any act, occurrence, or omission occurring after the consummation of such sale. The purchaser, at such sale or any subsequent sale of the Premises, shall be deemed, without any further agreements between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out each and all of the covenants and obligations of CITY under this Lease.

31. Signs. TRILLIUM shall not place any sign(s) upon the Premises without CITY's prior written consent and approval thereof.

32. Inability to Perform. This Lease and the obligations of TRILLIUM hereunder shall not be affected or impaired because CITY is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, war, civil insurrection, acts of God, or any other cause beyond the reasonable control of CITY.

33. Successors. Subject to the provisions of this Lease with respect to assignment and subletting, each and all of the covenants and conditions of this Lease shall be binding on and shall inure to the benefit of the successors of the respective parties.

34. Notices. Any notice required or permitted under the terms of this Lease shall be deemed served when personally served on TRILLIUM or CITY or when the same has been placed in the United States mail, postage prepaid, and addressed as follows:

Trillium USA
Ryan Erickson
Vice -President
PO Box 26210
Oklahoma City, OK, 73126
City of Placentia
Samantha Byfield
Public Works Manager
401 E. Chapman Avenue
Placentia, CA 92870

35. Execution by CITY Not a Waiver. TRILLIUM understands and agrees that CITY, by 10 696

entering into and executing this Lease, shall not have waived any right, duty, privilege, obligation or authority vested in the CITY to approve, disapprove or conditionally approve any application which TRILLIUM may be required to make under any laws, rules, ordinances or regulations now or hereafter in effect which said CITY may be empowered to apply, including, but not limited to any use permit or approval, whether similar in nature or not.

36. Post -Acquisition Tenancy. The parties hereto represent and warrant, each to the other, and acknowledge and agree that the other is acting in reliance on the representations and warranties that TRILLIUM is a post -acquisition tenant as the same is defined in Title 25 of California Code of Regulations (§ 6034(b)(1)). TRILLIUM therefore agrees that TRILLIUM has no claim to relocation benefits provided for under Title 25 of the California Code of Regulations or under the California Government Code. TRILLIUM further represents and warrants it has made these representations and warranties upon the advice of legal counsel of its own sole selection, which legal counsel has determined the foregoing is true and correct.

37. Entire Agreement. This Lease contains the entire agreement between the parties.

No promise, representation, warranty, or covenant not included in this Lease has been or is relied on by either party. Each party has relied on such party's own examination of this Lease, the counsel of such party's own advisors, and the warranties, representations, and covenants in the Lease itself. The failure or refusal of either party to inspect the Premises or improvements, to read the Lease or other documents or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice.
11 697

WHEREFORE, the parties hereto have entered into the Lease as of the date set forth below opposite the name of each signatory hereto.

Dated:

Dated:
9/10/2024
Approved as to form:

By:

Christian L. Bettenhausen, City Attorney
California Trillium Company
By: liiicwk, fiiid Stitt,
Ryan Erickson, Vice President
City of Placentia
By:

Damien R. Arrula, City Administrator
Attest:

City Clerk and ex -officio Clerk of the
City of Placentia
12 698

EXHIBIT "A"
Legal description & Map
13 699

EXHIBIT "A"

LEGAL DESCRIPTION
C.N.G. LEASE PARCEL
A PORTION OF LOT 2 IN BLOCK 5 OF THE GOLDEN STATE TRACT IN THE CITY OF

PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 4, PAGE 66 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 2 PER RECORD OF SURVEY 2010-1076 FILED IN BOOK 247 RECORD OF SURVEYS, PAGES 14 TO 18 INCLUSIVE, ORANGE COUNTY RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 2 NORTH 74°01'21" EAST 230.00 FEET TO THE POINT OF BEGINNING, SAID POINT OF

BEGINNING ALSO BEING THE SOUTHEASTERLY CORNER OF A PARCEL GRANTED TO

THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA AS SHOWN ON SAID RECORD OF SURVEY;
THENCE LEAVING SAID SOUTHERLY LINE OF LOT 2, AND ALONG THE EASTERLY LINE OF SAID METROPOLITAN WATER DISTRICT PARCEL NORTH 15°58'25" WEST 168.00 FEET TO A POINT THAT IS 32.00 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 2 PER SAID RECORD OF SURVEY;
THENCE LEAVING SAID EASTERLY LINE NORTH 74°01'21" EAST TO A LINE THAT IS PARALLEL WITH AND 55.00 FEET EASTERLY FROM THE EASTERLY LINE OF SAID LOT 2 OF SAID RECORD OF SURVEY;
THENCE ALONG SAID PARALLEL LINE SOUTH 15°58'25" EAST 168.00 FEET TO SAID SOUTHERLY LINE OF LOT 2 OF SAID RECORD OF SURVEY;
THENCE LEAVING SAID PARALLEL LINE AND ALONG SAID SOUTHERLY LINE OF LOT 2 SOUTH 74°01'21" WEST 55.00 FEET TO THE POINT OF BEGINNING.

CONTAINING: 9,240 SQ. FT. MORE OR LESS.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHT-OF-WAY AND EASEMENTS OF RECORD.

ALL AS SHOWN ON THE PLAT ATTACHED HERETO AS "EXHIBIT B" AND BY THIS REFERENCE MADE A PART HEREOF.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYOR'S ACT.

PORTION OF APN: 344-102-09

PREPARED BY
NV5, INC.

J BRALEY, L.S. 8446
05-21-2024
DATE
700

EXHIBIT "B"
i
N
I
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M BK 128A52 O R
194-6-1g
co
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(S1 Q
-
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1"=60' rn
rnr
o

SOUTHWESTERLY
CORNER OF LOT 2

PER RECORD OF
SURVEY R.S.B.
247/14-18
POC
0 o
N
-73 a
a
cp
•
v7,
W
M.W.D. PARCEL
BK 8055, PGS 332-333
& BK 12847, PGS 1946-1952
O.R.

PREPARED FOR:

CITY OF PLACENTIA
21„E 230.00'
POB
\\v./4p1
LOT 4

MAP OF GOLDEN STATE TRACT
M.M. 4/66
LEGEND

POB POINT OF BEGINNING

POC POINT OF COMMENCEMENT
LOT 2

MAP OF GOLDEN STATE TF
M.M. 4/66
CP
O
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1400'21„w �-
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, 21"E gyp'
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RNER
2PER R.S.B 2A-1 �0�

PROPOSED EASEMENT AREA
LEASE PARCEL AREA = 9,240 SQ. FT., MORE OR LESS

THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION

IN CONFORMANCE WITH THE PROFESSIONAL LAND
SURVEYOR'S ACT ON MAY 21, 2024.
5-21-2024
J BRALEY L.S. 8446
DATE
N
V
5 15092 AVENUE OF SCIENCE, SUITE 200
SAN DIEGO, CA 92128
P: 858.385.0500 WWW.NV5.COM

CNG STATION LEASE PARCEL
2999 E. LA JOLLA STREET
ANAHEIM, CA 92806

SHEET NUMBER
OF 1
1 SHEETS
PREPARED FOR: CITY OF PLACENTIA
DATE SUBMITTED: 05/21/2024

JOB NUMBER
P27624-00037-

Exhibit "B"
Maintenance Schedule
14 702

c`Trillium
A/loos Company
City of Placentia, CA
Lease of CNG Station and Management Services
Trillium Proposal
Schedule
Preventative Station Maintenance Matrix
Station Maintenance Schedule
Maintenance Activity tt`�Q4.,
�`�c
Visual site inspection
e
Monitor/record station operation
e
Check equipment fault history
e
Check for unusual noises and operating conditions
e
Check skids for gas leaks
e
Check compressor oil level
a
Check for oil leaks
a
Inspection/replacement of compression system filters
e
Clean and inspect fast fill dispensers and nozzles
e
Clean and lubricate breakaway couplings
a
Check hoses and nozzles
a
Complete reports
Drain oil from skid recovery system
Drain condensate pot
e
Verify proper function of alarm and ESD system
a
Inspect lubrication system and compressor oil
e
Drain dryer liquid
e
Drain oil from dispensers
e
Cycle dryer
a
Lubricate motors
a
Lubricate fan bearings
a
Service air dryer
a
Change compressor coalescing filter
a
Change dispenser coalescing filters
a
Change air compressor oil
a
Check/drain storage vessels
a
Check/tighten fan belts
a
Calibrate dew point sensors on dryer
a
Service gas dryer
a
Change dryer filters
a
Check all compressor safety shutdowns
a
Check ESD operation
a
Check all station shutdowns
a
Check dryer safety shutdowns
a
Test dispenser hoses
a
Check/test pressure relief valves
a
Station safety audit
a
Trillium: One Partner Any Fuel
22 703

c`Trillium
A/loos Company
City of Placentia, CA
Lease of CNG Station and Management Services
Trillium Proposal
Compressor Recommended Maintenance
Trillium Maintenance Schedule
Maintenance Activity
Check Frame Oil Pressure
Check Frame Oil Level
Check Lubricator Block Indicator
Check Packing Vents
Check for Gas Leaks
Check for Oil Leaks
Check Operation Pressures and Temps
Check Lube Oil Level
Check for Abnormal noise
Check for Abnormal Vibration
Check and Confirm Safety Shutdown Function
Change Oil Filter
Change Oil (or as needed)
Check Crankcase for Foreign Material
Check/Re-Torque Base Bolts
Check/Replace High Pressure Piston Rings
Check Main Bearing Clearance
Check Crosshead Guide Clearance
Inspect/Replace Valves
Inspect Cylinder Bore
Inspect/Replace Piston Rings
Inspect/Replace Piston Rods
Rebuild Cylinder Packing Cases
Inspect/Re-Align Coupling
Check/Record Rod Run Out
Check/Replace DNFT
Pressure Test Lubricator Distribution Blocks
Check Auxiliary Gears and Chain
Rebuild Oil Wiper Cases
Check Main/Connect Rod Bearing Clearance
Check Crosshead Guide Clearance
Check Crosshead Pin Busing
Check Piston Ring Groove
Replace Main and Connecting Rod Bearings
Replace Lubricator Distribution Blocks
Replace Crosshead Bushings
NN
NN
1111
NN
NN
1111
•
�• � 040` �# z°
Pi• p ,ti b '
Trillium: One Partner Any Fuel
23 704

Exhibit C
Equipment List
15 705

EXHIBIT C - EQUIPMENT LIST
The following is a list of CNG equipment on site, including make and model. • 1 - JW Power Company EA -200-2-4 Compressor Package
• 1 - Xebec Single Tower Natural Gas Dryer STR-30NGX-3S • 2 - Kraus Dual Hose Dispensers HAM 2D CGG-P63CX12B2B01 • NCR Fuel Management
• 6 - CP Industries 20" ODX21' ASME Pressure Vessels
• Electrical Distribution Gear and Motor Control Center • Trillium Control System
706

Exhibit D
Insurance Requirements
16 707

EXHIBIT B

INSURANCE REQUIREMENTS
A. Minimum Scope and Limits of Insurance
City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance, including any extension thereof, of this Agreement.

Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages:

1. Commercial General Liability Insurance
• Commercial general liability insurance no less broad than Insurance Services Office (ISO) form CG 00 01.
• Minimum Limits: $2,000,000.00 per occurrence; $4,000,000.00 general aggregate; $4,000,000.00 products/completed operations aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location. The required limits may be provided by a combination of general liability insurance and commercial excess or umbrella liability insurance. If Contractor maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Contractor.
• Any deductible or self -insured retention shall be shown on the certificate of insurance.

If the deductible or self -insured retention exceeds $25,000.00, it must be approved in advance by City. Contractor is responsible for any deductible or self -insured retention and shall fund it upon City's written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving City. • Coverage shall be continued for three (3) years after completion of the work. • City shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor. City shall continue to be an additional insured for completed operations for three (3) years after completion of the work. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as one of the following ISO ongoing operations forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40. • The policy definition of "insured contract" shall include assumptions of liability arising out of both ongoing operations and the products/completed operations hazard ("f" definition of insured contract in ISO form CG 00 01, or equivalent). • The insurance provided to the additional insureds shall be primary to, and non- contributory with, any insurance or self-insurance program maintained by them. 708

• The policy shall cover inter -insured suits and include a "separation of insureds" or "severability" clause which treats each insured separately. • The policy shall be endorsed to include a written waiver of the insurer's right to subrogate against all persons or entities that are, or are required to be, additional insureds.
• The policy shall not contain a contractors' warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance.
• Required evidence of coverage:

1. Copy of the endorsements naming the City of Placentia, its officers, officials, employees, agents, and volunteers as additional insureds;

2. Copy of the endorsement or policy language indicating that coverage applicable to the additional insureds is primary and non-contributory;

3. Properly completed certificate of insurance; and

4. Completed and signed Agent/Broker Questionnaire with supporting documentation as required.

2. Business Automobile Liability Insurance
• Minimum Limit: $2,000,000.00 combined single limit per accident. • Coverage shall apply to all owned, hired, leased, and non -owned vehicles. • City shall be endorsed as additional insured.
• Required evidence of coverage:

1. Copy of the endorsement naming the City of Placentia, its officers, officials, employees, agents, and volunteers as additional insureds; and

2. Properly completed certificate of insurance.

3. Workers' Compensation & Employer's Liability Insurance • Workers' compensation insurance with statutory limits as required by the Labor Code of the State of California.
• Employer's liability with limits of $1,000,000.00 per accident; $1,000,000.00 disease per employee; $1,000,000.00 disease per policy.
• The policy shall include a written waiver of the insurer's right to subrogate against City. • Required evidence of coverage:

1. Subrogation waiver endorsement; and

2. Properly completed certificate of insurance.

4. Contractor's Pollution Liability Insurance
• Minimum Limits: $2,000,000.00 per pollution incident; $2,000,000.00 policy aggregate. • Coverage shall apply to pollution incidents at or from any location at which Contractor 709

is performing work under this Agreement.
• Any deductible or self -insured retention shall be shown on the certificate of insurance.

If the deductible or self -insured retention exceeds $25,000.00, it shall be approved in advance by City. Contractor is responsible for any deductible or self -insured retention and shall fund it upon City written request, regardless of whether Contractor has a claim against the insurance or is named as a party in any action involving City. • City shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Contractor. Additional insured status shall continue for three (3) years after completion of the work. • The insurance provided to the additional insureds shall apply on a primary and non- contributory basis with respect to any insurance or self-insurance program maintained by them.
• The insurance shall be continued for three (3) years after completion of the work. • Required evidence of coverage:

1. Copy of the endorsement naming the City of Placentia, its officers, officials, employees, agents, and volunteers as additional insureds;

2. Copy of the endorsement or policy language indicating that coverage for the additional insureds is primary and non-contributory; and

3. Properly completed certificate of insurance.

5. Standards for Insurance Companies
• All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commission to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide.

B. Documentation and Other Provisions

1. The name and address for additional insured endorsements and certificates of insurance is: City of Placentia, 401 E. Chapman Ave., Placentia, CA 92870.

2. Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement.

3. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure the City is an additional insured on insurance required from subcontractors.

4. Contractor agrees to waive and to obtain endorsements from insurers waiving subrogation rights against the City of Placentia, its officers, officials, employees, agents, and volunteers for losses arising from work performed by Contractor for the City and to require each of its subcontractors, if any, to do likewise under their insurance policies.

5. The Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Placentia, its officers, officials, 710

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.

6. Coverage shall be on a standard occurrence form. Claims -made forms are not acceptable. Modified, limited, or restricted occurrence forms are not acceptable.

7. Current evidence of coverage shall be provided for the entire required period of insurance.

8. Contractor shall deliver to the City, in the manner required for notices, copies of required insurance policies and endorsements of all insurance policies required by the Lease, within the following time limits: (1) Ten (10) days prior to the commencement of work to be performed under this Agreement; (2) For insurance becoming required at a later date, at least ten (10) days before the requirement takes effect; For any renewal or replacement of a policy already in existence, at least thirty (30) days before expiration or other termination of the existing policy.

9. Said policies shall not terminate, nor shall they be cancelled or coverage reduced, without at least thirty (30) days' written notice to the City. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance. Should Contractor fail to immediately procure other insurance, as specified, to substitute for any cancelled policy or reduction in the required insurance limits, the City may procure such insurance at Contractor's sole cost and expense.
711

----1 ®
A� o CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
09/04/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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
Aon Risk Services Southwest, Inc.

Houston TX Office
1300 Post Oak Blvd., Suite 1400
Houston TX 77056 USA

CONTACT
NAME:

A/C. No. Ext): (866) 283-7122 FA No.): (800) 363-0105
(
E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE
NAIC #

INSURED
Trillium USA Company LLC
Po Box 26210
Oklahoma City OK 73126 USA
INSURER A: Texas Insurance Company
16543
INSURER B: Ironshore Specialty Insurance Company
25445
INSURER C: ACE American Insurance Company
22667
INSURER D: Indemnity Insurance Co of North America
43575
INSURER E: ACE Fire Underwriters Insurance Co.
20702
INSURER F:

COVERAGES
CERTIFICATE NUMBER: 570107982958
REVISION NUMBER:

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. Limits shown are as requested INSR
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS
C
X

COMMERCIAL GENERAL LIABILITY
Y
Y
XSLG48912783
04/01/2024
04/01/2025

EACH OCCURRENCE
$1,000,000

CLAIMS -MADE
X
OCCUR
SIR applies per policy terms
& conditions

DAMAGE TO RENTED
PREMISES (Ea occurrence)
$1,000,000
MED EXP (Any one person)

PERSONAL & ADV INJURY
$1,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:

GENERAL AGGREGATE
$8,000,000
X
POLICY

PRO- LOC
JECT

PRODUCTS - COMP/OP AGG
$8,000,000
OTHER:

AUTOMOBILE LIABILITY
Y
Y
ISA H10764919
04/01/2024
04/01/2025

COMBINED SINGLE LIMIT
(Ea accident)
$5,000,000
X

ANY AUTO
BODILY INJURY ( Per person)
OWNED

SCHEDULED
AUTOS
BODILY INJURY (Per accident)
A

AUTOS ONLY

HIRED AUTOS
ONLY

NON -OWNED

AUTOS ONLY

PROPERTY DAMAGE
(Per accident)
A
X

UMBRELLA LIAB
X
OCCUR
Y
Y
TCOK20347a
12/01/2020
04/01/2025

EACH OCCURRENCE
$10,000,000

EXCESS LIAB

CLAIMS -MADE
SIR applies per policy terms
& conditions

AGGREGATE
$15,000,000

DED X RETENTION
D

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
Y
WLRC54507902
04/01/2024
04/01/2025
x

PER STATUTE
OTH-
ER
C

ANY PROPRIETOR/PARTNER/EXECUTIVE
Y/ N
N
N / A
Y
CA & A05
WLRC54508050
04/01/2024
04/01/2025
E.L. EACH ACCIDENT
$1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
AZ
E.L. DISEASE -EA EMPLOYEE
$1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
$1,000,000
B
Environmental Site Liability
Y
Y
ISPILLSCHJOA001
04/01/2022
04/01/2025
Aggregate
Each Incident
$10,000,000
$10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) MCS90 and CA9948 are included on the above referenced Automobile Liability policy. If required by contract, The City of Placentia, its officers, officials, employees, agents and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability Automobile Liability, Umbrella Liability and Pollution Liability policies. General Liability, Automobile Liability and Umbrella Liability policies evidenced herein are Primary and Non -Contributory to other insurance available to The City of Placentia, its officers, officials, employees, agents and volunteers, but only in accordance with the policy's provisions. If Required by contract, a Waiver of Subrogation is granted in favor of The City of Placentia, its officers, officials, employees, agents and volunteers in accordance with the policy provisions of the General Liability,

CERTIFICATE HOLDER

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE

CANCELLED BEFORE THE

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

Ci ty of Placentia
401 E. Chapman Ave.

Placentia CA 92870 USA

AUTHORIZED REPRESENTATIVE
`
,y
ta

The ACORD name and logo are registered marks of ACORD
712

AGENCY CUSTOMER ID: 570000058326
LOC #:

ADDITIONAL REMARKS SCHEDULE
Page _ of _
AGENCY
Aon Risk Services Southwest, Inc.

NAMED INSURED
Trillium USA Company LLC

POLICY NUMBER
See Certificate Number: 570107982958

CARRIER
See Certificate Number: 570107982958

NAIC CODE

EFFECTIVE DATE

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance

INSURER(S) AFFORDING COVERAGE
NAIC #

INSURER

INSURER
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits.

INSR
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YYYY)
POLICY

EXPIRATION
DATE
(MM/DD/YYYY)
LIMITS

AGENCY CUSTOMER ID: 570000058326
LOC #:

ADDITIONAL REMARKS SCHEDULE
Page _ of _
AGENCY
Aon Risk services southwest, Inc.

NAMED INSURED
Trillium USA Company LLC

POLICY NUMBER
see certificate Number: 570107982958

CARRIER
see certificate Number: 570107982958

NAIC CODE
EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles:

Automobile Liability, umbrella Liability, Pollution Liability and workers' compensation policies.

7 ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION
Named Insured
Love's Travel Stops & Country Stores, Inc.

Endorsement Number
1 Policy Symbol
XSL
Policy Number
G48912783
Policy Period
04/01/2024 to 04/01/2025
Effective Date of Endorsement
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This Endorsement modifies insurance provided under the following:

EXCESS COMMERCIAL GENERAL LIABILITY POLICY

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):

Location(s) Of Covered Operations
Any Owner, Lessee or Contractor whom you have agreed
to included as an additional insured under a written
contract, provided such contract was executed prior to the date of loss.

All locations where you are performing operations
for such additional insured pursuant to any such
written contract.

Information recuired 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 organiza- tion(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.

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 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 additional exclusions apply:

This insurance does not apply to "bodily injury" or "property damage" occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or XS -21168a (04/13)
Copyright, Insurance Services Office, Inc., 2012 Page 1 of 2 715

2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance And Retained Limit:

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.

Authorized Representative
XS -21168a (04/13)
Copyright, Insurance Services Office, Inc., 2012 Page 2 of 2 716

5 ADDITIONAL INSURED -

DESIGNATED PERSONS OR ORGANIZATIONS
Named Insured Love's Travel Stops & Country Stores, Inc.

Endorsement Number
3 Policy Symbol
ISA
Policy Number
H10764919
Policy Period
04/01/2024 TO 04/01/2025
Effective Date of Endorsement
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

AUTO DEALERS COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

EXCESS BUSINESS AUTO COVERAGE FORM
Additional Insured(s): Any person or organization whom you have acreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss.

A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of:

1. You.

2. Any of your "employees" or agents.

3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents.

B. The persons or organizations named in this endorsement are not liable for payment of your premium.

Authorized Representative
DA-9U74c (03/16) Page 1 of 1
717

CHUBB``
2 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Named Insured
Love's Travel Stops & Country Stores, Inc.

Endorsement Number
4 Policy Symbol
XSL
Policy Number
G48912783
Policy Period
04/01/2024 to 04/01/2025
Effective Date of Endorsement
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

EXCESS COMMERCIAL GENERAL LIABILITY POLICY

SCHEDULE
Name of Person or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss.

The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section W - Conditions:

We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this policy. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above.

All Other Terms And Conditions Remain Unchanged.

Authorized Representative
XS-6W34a (O2/2O)
Page of
718

3 POLICY NUMBER: ISA H10764919 Endorsement Number: 7

COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
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: Love's Travel Stops & Country Stores, Inc.

Endorsement Effective Date:

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss.

Information recuired 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.

Page 1 of 1 ends

719

Workers' Compensation and Employers' Liability Policy
Named Insured
LOVE'S TRAVEL STOPS & COUNTRY STORES, INC.
10601 NORTH PENNSYLVANIA AVENUE
OKLAHOMA CITY OK 73120
Endorsement Number
Policy Number
Symbol: SCF Number: C54508116
Policy Period
04-01-2024 TO 04-01-2025
Effective Date of Endorsement
04-01-2024
Issued By (Name of Insurance Company)

ACE FIRE UNDERWRITERS INS CO
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
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.

This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.

Schedule

ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS.

For the states of CA, UT, TX, refer to state specific endorsements.

This endorsement is not applicable in KY, NH, and NJ.

The endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri statutes, a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employer in the construction group of code classifications.

For Kansas, use of this endorsement is limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto) and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto). According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that, subject to the Acts, a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program.

Authorized Representative
WC 00 03 13 (11/05) Ptd. U.S.A. Copyright 1982-83, National Council on Compensation 720

Exhibit E
Scope of Work
17 721

SCOPE OF WORK
CITY OF PLACENTIA CNG FUELING STATION SERVICE, MAINTENANCE 8c OVERSIGHT The City of Placentia (City) owns a Compressed Natural Gas (CNG) fueling facility located at 2999 E. La Jolla Street, Placentia, CA 92870. The City is initiating this request for proposals (RFP) to solicit proposals from qualified CNG station operators for the inspection, service, maintenance, and management of its CNG fueling facility.

The CNG fueling station supports the operation of City vehicles and provides fueling for other public agencies and private fleets. The selected operator shall provide and manage its own cardlock or point of sale purchasing system. On average, the City's CNG fueling station dispenses 432,350 diesel gallon equivalent (DGE) or 592,628 therms per year.

AGREEMENT EFFECTIVE START DATE
The City has a current agreement to lease its CNG fueling station which is set to expire June 30, 2024. As a result of the existing agreement, any award and work under this RFP will take effect no sooner than July 1, 2024.

REPORTING
Operator shall provide detailed reports to City by the seventh day of each month for the prior month and within 10 days after the end of the fiscal year for the prior fiscal year annual report.

The report will include a complete accounting of all transactions including purchaser information, number of transactions, GGE and therms purchased, and sales amounts for each purchaser, each month and all purchasers for the reporting period and each fiscal year.

Operator shall also provide monthly maintenance and operations reports which shall include a complete accounting of all inspections, service, maintenance, photos and repair activities for the reporting period. An online or cloud -based customer portal that allows for access to work orders, reports, invoices and ad hoc reports is desired.

RENT
Operator shall pay City as base rent as included in their proposal each lease year. Operator shall pay rent to City within 30 days after each anniversary of the Commencement Date during the term hereof, with the first year's rent payable within 30 days after the execution of the agreement by both City and Operator. Base rent payments shall be payable to City within 30 days of the anniversary of the Commencement date and each year of the initial term thereafter.

Rental, royalty, and other payments to be made shall be paid to City without deduction or offset except as expressly set forth in the agreement.
722

RENEWABLE NATURAL GAS
In the event that renewable natural gas (RNG) becomes commercially available, the Operator shall obtain 85,971 diesel gallon equivalent (DGE) of RNG per calendar year which shall be credited to the City to satisfy the State -mandated procurement target.

Operator shall provide documentation to the City that RNG is deemed renewable per CalRecycle definition, procured from a permitted anaerobic digestion facility in California. RNG procured from any other source or procured without CalRecycle acceptable documentation shall not be considered RNG for the City's purposes.

Operator shall satisfy themselves regarding SB 1383 procurement requirements or contact CalRecycle to satisfy any inquiries on bioenergy and anaerobic digestion.

ROYALTY PAYMENT
Operator shall pay City annual royalty payment equal to percentage of all revenue as included in their proposal. Said royalty payments shall be made annually, for the previous lease year within 10 days of the end of the fiscal year, June 30tH

CAPITAL IMPROVEMENTS
Operator shall be responsible for all capital improvements to the station and solely responsible for funding all costs for such improvements. All proposed capital improvements shall be included in the proposal along with a timeline and estimated costs.

MAINTENANCE
Operator is responsible for all operations and maintenance services and associated costs.

Operator personnel and subcontractors shall perform the actual on -site service and maintenance activities for the CNG station and equipment. All operations and maintenance shall be performed in a safe and legal manner and in compliance with all City, CaIOSHA, State and Federal requirements.

Operator is responsible for furnishing appropriately trained maintenance personnel and is responsible for furnishing its personnel with vehicles, safety equipment, computers, and all materials and supplies necessary to complete work. Operator shall provide service personnel with the required personal protective equipment necessary for the work. Operator shall provide maintenance personnel with a standard uniform which includes a company name or logo and the individual employee's name for identification purposes. 723

Maintenance activities include, but are not limited to, the following:

Proactive Maintenance
Daily monitoring of CNG station systems including critical flow, temperature, pressure, vibration, leaks and false alarms. Electronic monitoring is an acceptable alternative to an on - site inspection.

Periodic Maintenance
Maintenance shall be performed in conformance with manufacturer recommendations and industry best practices. Contractor shall develop a scheduled maintenance process per each manufacturer or vendor requirements for each of the major and minor components of the CNG station. Maintenance for each component shall be performed per schedule and in a timely manner. Maintenance shall be performed in such a manner as to eliminate emergency shutdowns and catastrophic failures.

Weights & Measures
Calibration of CNG dispensers shall be in conformance with manufacturer recommendations and industry best practices. Operator shall develop a scheduled process per each manufacturer or vendor requirements for each dispenser. Calibration activities shall be included in maintenance reports.

Cleanliness
Operator shall keep the CNG station and equipment clean to the greatest extent possible to improve performance, help determine oil and grease leaks and prevent any wear on fitting and hoses. Contractor shall use non-flammable, US EPA Safer Choice leaning products to protect human health and the environment.

Filters
Filters on the CNG station equipment shall be replaced in conformance with manufacturer recommendation and industry best practices. When replaced, the new filter shall be marked with the date (MM/DD/YYYY) of installation as well as the equipment hours (as applicable) on the filter housing. Filter replacements shall be noted in maintenance reports.

SYSTEM MONITORING AND ALARMS
CNG station monitoring and alarm systems must be operational at all times. The monitoring an alarm system shall be tested monthly preferable during minimal demand periods.

Operator's monitoring system shall be capable of proactively troubleshooting and diagnosing CNG station failures remotely and dispatching technician support as needed.

HAZARDOUS WASTE
Operator shall be responsible for the removal of hazardous waste materials. Contractor shall not stockpile hazardous materials in the CNG station or adjacent areas. 724

MATERIALS AND SUPPLIES
Operator is responsible for the procurement of all materials, parts and services.

COORDINATION AND COMPLIANCE WITH REGULATORY AGENCIES
Operator shall maintain and pay required permits for CNG station operations. Operator is responsible for maintaining compliance with all applicable federal, state and local laws and regulatory requirements and shall hold the City harmless from any violations of said laws and regulations.

Operator shall consult with City prior to initiating contact with any regulatory agencies.

Routine communication for ongoing permitting shall not require City prior approval. Operator shall keep City fully apprised, both by immediate oral notification and in writing, of any such discussions with regulatory personnel.

Operator shall immediately notify the City CNG Contract Manager or designees when regulatory inspectors are on City property and shall immediately provide all inspections reports issued by regulators to City. When a regulatory agency identifies a violation or cites a defect, Operator shall provide City CNG Contract Manager or designee with a written remedial action plan within five business days, which addresses how Operator intends to resolve (or has already resolved) all regulatory violations, and any mitigating circumstances that led to violation. Operator shall provide City CNG Contract Manager or designee with any inspection reports recommending violation. Any and all penalties and fines imposed regarding violation of state and federal codes, regulations and laws shall be wholly borne by Operator when the violation occurs as a result of Operator's failure to perform as required by the agreement.

SAFETY
Where an immediate and serious hazard exists, Operator has the authority to immediately contact the appropriate personnel to request that the hazardous condition be corrected, or hazardous practices halted.

OTHER ADMINISTRATIVE DUTIES
Operator shall update and maintain as -built drawings in AutoCAD format based on any changes made to CNG facilities. Updates to as -built drawings shall be provided to City Contract Manager or designee.

SOFTWARE
Right and license to use any software installed by Operator at CNG station that is needed to operate and maintain the systems shall be transferred to City along with all maintenance records and electronic records, programs, and files upon termination of the contract. 725

AUDITING PROVISION
The City shall have the right to audit the Operator's financial statements related solely to the City's CNG Station every two years. The City shall select the auditor and the Operator shall cover 50% of the cost of the audit.
726

CITY OF PLACENTIA

DELIVERY OF DIESEL FUEL SERVICES AGREEMENT
WITH
AAA Oils dba California Fuels and Lubricants
THIS AGREEMENT is made and entered into this 17th day of September, 2024 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and IIAAA Oils dba California Fuels and Lubricants, a California Gasoline and Diesel Fuel Company ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide delivery of diesel fuel services 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, Section 3.08.070(3) of the Placentia Municipal Code authorizes the procurement of services as part of a cooperative purchasing program; and E. WHEREAS, Consultant is providing these services at rates negotiated pursuant to an agreement with the State of California dated May 1, 2023 (1-23-91-31C); and F. 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. 727

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 warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

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

Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

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

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

1.7. Delegation and Assignment. This is a personal service contract, and the duties 2 AA Oils dba California Fuels and Lubricants
Rev. 01/2024
728

set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.

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 Two Hundred Thousand Dollars ($200,000), unless authorized herein.

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 10% of the total contract sum. The City Administrator is authorized to approve a Change Order for such additional services. Where the original contract is $40,000.00 or less, City Council approval shall be required prior to any increase bringing the total compensation to more than $40,000.00.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within thirty (30) 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. In no event, however, will said invoices exceed 95% of individual task totals described in Exhibit "A".

Consultant agrees that, in no event, shall City be required to pay to Consultant any sum in excess of 95% of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein, and the Work is completed, acceptable in form and content to City. Final payment shall be made no later 3 AA Oils dba California Fuels and Lubricants
Rev. 01/2024
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than sixty (60) days after presentation of final documents and acceptance thereof by City.

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". Consultant shall supply copies of all requisite maps, surveys, reports, plans, models, computer files, and documents, including all supplemental technical documents, as described in Exhibit "A" within the time specified herein.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The 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 60 months, ending on September 17th, 2029, 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 4 AA Oils dba California Fuels and Lubricants
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of termination on the Consultant, if the latter should:
a.
b.
c.

Be adjudged a bankrupt;
Become insolvent or have a receiver of its assets or property appointed because of insolvency;
Make a general assignment for the benefit of creditors; d. Default in the performance of any
indebtedness under this Agreement;
e. Suffer any judgment against it to remain
for thirty (30) days or longer; or
f. Institute or suffer to be instituted any
rearrangement of its affairs.
obligation or payment of any
unsatisfied or unbonded of record
procedures for reorganization or

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

Neither the City nor any of its officers, officials, 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.
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5.2. 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.

5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements 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 "C" and incorporated herein by this reference.

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

6.0. GENERAL PROVISIONS

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

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

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

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 6 AA Oils dba California Fuels and Lubricants
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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:

AAA Oils dba California Fuels and
Lubricants
11621 Westminster Ave.

Garden Grove, CA, 92843
Tel: (714) 530-4795
Attn: Jennifer Crawley -Wayne
IF TO CITY:

City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
Tel: (714) 993-8212
Attn: Samantha Byfield

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

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

6.7. Legal Responsibilities. 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 effect the performance of its services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws and regulations. Neither the City, nor its officers, officials, agents, employees, and volunteers, shall be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

6.8. Assignment. Because of the specialized nature of the services to be rendered pursuant to this Agreement, only the Project Team listed in the Proposal shall perform the services described in this Agreement. The Project Team may use assistants, under direct supervision, to perform some of the services under this Agreement. Consultant shall provide the City fourteen (14) days' notice prior to the departure of and project team members from Consultant's employ.

Should any team members leave Consultant's employ, City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and Consultant.

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 7 AA Oils dba California Fuels and Lubricants
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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.

6.9. City Assistance to Consultant. City agrees to provide to Consultant:
a. Information and assistant as set forth in Exhibit "A" hereto. b. Photographically reproducible copies of maps and other information, if available, which Consultant considers necessary in order to complete the work. c. Such information as is generally available from City files applicable to the work. d. Assistance, if necessary, in obtaining information from other governmental and/or private parties. However, it shall be Consultant's responsibility to make all initial contact with respect to the gathering of such information.

6.10. Licenses/Certifications. At all times during the term of this Agreement, Consultant shall keep and maintain, in full force and effect, all licenses or certifications required of Consultant by law for the performance of the services described in this Agreement.

6.11. Indemnification and Hold Harmless. Consultant agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Consultant's sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits or other legal proceedings brought against the City, its officers, officials, agents, employees, and volunteers arising out of or in any way connected with the performance of the Consultant, its employees, and/or authorized subcontractors' work undertaken pursuant to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Consultant, its employees and/or subcontractors. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers 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, and whether or not there is any evidence of fault or wrongdoing by the Consultant, its employees and/or its subcontractors. 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.

6.12. Patent/Copyright. To the fullest extent permissible under law, and in lieu of any other warranty by the City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against the City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information, and assistance at Consultant's expense for the 8 AA Oils dba California Fuels and Lubricants
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defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness, or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof and Consultant shall not be obligated to indemnify the City under any settlement made without Consultant's consent or in the event the City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to the City, shall obtain for the City the right to use and sell the item, or shall substitute an equivalent item acceptable to the City and extend this patent and copyright indemnity hereto.

6.13. Non -Liability. No officers, officials, agents, employees, or volunteers of the City shall be personally liable to Consultant, or any successor -in -interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

6.14. Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officers, officials, agents, employees, or volunteers of the City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officers, officials, agents, employees, or volunteers of the City will receive compensation, directly or indirectly, from Consultant, or from any officer, employee, agent, or subcontractor of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

6.15. No Benefit to Employees. No officers, officials, agents, employees, or volunteers of the City who exercise authority over or responsibilities with respect to the Work during his or her tenure, or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for work to be performed in connection with the Work under this Agreement.

6.16. 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 9 AA Oils dba California Fuels and Lubricants
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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.

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

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

6.18. 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.

6.19. 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.

6.20. 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 10 AA Oils dba California Fuels and Lubricants
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by the California Public Records Act (California Government Code Section 7920.000 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 7924.510, 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.

6.21. Conflict of Interest. Consultant and its officers, employees, associates, and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.

During the term of this Agreement, Consultant and its officers, employees, associates, and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant's duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.

Consultant's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.

6.22. 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.

6.23. Prohibited Em Dloyment. Consultant will not employ any regular employee of City while this Agreement is in effect.

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

6.25. Costs. Each party shall bear its own costs and fees incurred in the preparation 11 AA Oils dba California Fuels and Lubricants
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and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.26. 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.

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

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

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

6.30. 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.

6.31. 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.

6.32. 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.

6.33. 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. 12 AA Oils dba California Fuels and Lubricants
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CITY OF PLACENTIA,
A municipal corporation
Date:

Damien R. Arrula, City Administrator
ATTEST:

City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT:
zito--214'
Signature
Efrain Davalos, Jr.

CEO
Name and Title
CEO
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:

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

Krystle Murillo, Risk Manager
APPROVED AS TO CONTENT:

SovAitu 1516tLL
Samantha Byfield, Public Works Manager
13 Date:

Date:

Date:
9/3/2024
Date: 9/3/2024
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DEPARTMENTAL APPROVAL:

Date:

Christopher Tanio, Director of Public Works
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EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK
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COST PROPOSAL
Service Provider's price shall consist of the Oil Price Information Service (OPIS) Ultra Low Sulfur Diesel with Car Cost based on Los Angeles County daily average rack price plus a stated amount.

Bidder shall submit a rate which will be applied to the published average to establish the cost per gallon.

TYPE OF FUEL

COST PER

GALLON OVER OPIS
Renewable Diesel (RD99) Clear - orders 2,500 gallons or greater ("base rate")
$ 0.085
Renewable Diesel (RD99) Clear - orders less than 2,500
gallons will use the following formula to determine the cost differential over OPIS Ultra Low Sulfur Diesel with Car Cost based on Los Angeles County daily average
rack price which will be added to the base rate.
(0.085 x 2500) /
quantity received +
base rate
For example, if the City ordered 1,000 gallons (.085*2500) = $212.50 / 1000 =

0.2125 per gallon plus base rate.
742

EXHIBIT B

INSURANCE REQUIREMENTS
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EXHIBIT B

INSURANCE REQUIREMENTS
A. Minimum Scope and Limits of Insurance
City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance, including any extension thereof, of this Agreement.

Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages:

1. Commercial General Liability Insurance
Broad -form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premises and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and personal and advertising injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

2. Business Automobile Liability Insurance
Business automobile liability for all owned, hired, leased, and non -owned vehicles at least as broad as the most current version of ISO Business Auto Coverage Form CA 00 01, with a policy limit of not less than Two Million Dollars ($2,000,000.00) combined single limit per accident. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

3. Workers' Compensation and Employer's Liability Insurance Workers' compensation insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) 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, officials, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
744

By signing this Agreement, the Consultant acknowledges and agrees to the following:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

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 Project Manager before execution of this Agreement by the City. The City, its officers, officials, agents, employees, and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this Section.

4. Professional Errors and Omissions ("E&O") Liability Insurance Professional errors and omissions ("E&O") liability insurance on an occurrence based policy with policy limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) policy aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. The retroactive date must be shown, and this date must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another policy form with a retroactive date prior to the contract effective date, the Consultant must purchase "extended reporting coverage" for a minimum of three (3) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Project Manager for review. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

5. Standards for Insurance Companies
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commission to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide.

B. Documentation and Other Provisions

1. The commercial general liability insurance policy and business automobile liability policy shall be endorsed to contain the following: The City of Placentia, its officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant; and automobiles owned, leased, hired, or borrowed by the Consultant. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as one of the following ISO ongoing operations forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from 745

subcontractors), or CG 20 38; and one of the following ISO completed operations forms:

CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.

2. Said policies shall not terminate, nor shall they be cancelled or coverage reduced, without at least thirty (30) days' written notice to the City. 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 cancelled policy or reduction in the required coverage limits, the City may procure such insurance at Consultant's sole cost and expense.

3. The Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 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.

4. 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.

5. Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement.

6. 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.

7. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure the City is an additional insured on insurance required from subcontractors.

8. Consultant agrees to waive, and to obtain endorsements from insurers waiving, subrogation rights against the City, its officers, officials, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their insurance policies.

9. Coverage shall be on a standard occurrence form. Claims -made forms are not acceptable. Modified, limited, or restricted occurrence forms are not acceptable. 746

EXHIBIT C

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
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/
A� o® CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DDIYYYY)
g(MM/DD4
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

PRODUCER
Churchill & Associates Insurance Services Inc
31248 Oak Crest Drive, Suite 140
Westlake Village CA 91361

CONTACT
NAME: Michelle DeMoss

PHONE FAX
(A/C, No, Ext): 805-372-2200 (A/C, No):

ADDRESS: [email protected]

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: GuideOne Insurance Company
15032
INSURED CAFUELS-01
AAA Oil, Inc. California Fuels and Lubricants; FOPCO, Inc. 11621 Westminster Avenue
Garden Grove CA 92843
INSURER B : Insurance Company of the West
27847
INSURER C: General Star Indemnity Company
37362
INSURER D :

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: 582315686
REVISION NUMBER:

INSR

TYPE OF INSURANCE
IADDL
NSD
SWUBR
VD

POLICY NUMBER

POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
Y
Y
62P10099903
5/1/2024
5/1/2025

EACH OCCURRENCE
$ 1,000,000

CLAIMS -MADE
X
OCCUR

DAMAGE RETED
PREMISESO(Ea occurrence)
$ 100,000
MED EXP (Any one person)
$ 5,000

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

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES
'
PER:

LOC

GENERAL AGGREGATE
$2,000,000

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

AUTOMOBILE
X
X
X

LIABILITY

ANY AUTO
OWNED
X
X

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
MCS 90
Y
Y
62P10099903
5/1/2024
5/1/2025

COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$

PROPERTY DAMAGE
(Per accident)
$
$
C
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
Y
Y
IXG671934C
5/1/2024
5/1/2025

EACH OCCURRENCE
$ 5,000,000

AGGREGATE
$ 5,000,000
DED
RETENTION $
$
g

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N / A
Y
WSA 5060563 04
5/1/2024
5/1/2025
X

PERTUTE
STA
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
A
B
Motor Truck Cargo
USL&H
62P10099903
WSA 5060563 04
5/1/2024
5/1/2024
5/1/2025
5/1/2025
Limit
Statutory
$50,000
$1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Placentia, its officers, officials, agents, employees, and volunteers are additionally insured with respect to the General and Auto Liability where required by written contract per attached endorsements. General and Auto Liability is Primary and Non -Contributory with Excess follow form. Waiver of Subrogation applies with regards to General and Auto Liability as well as Workers Compensation coverage per attached endorsements. Pollution Liability provided per Form CA9948 (10/13).

CERTIFICATE HOLDER

CANCELLATION
City of Placentia
401 E. Chapman Ave.

Placentia CA 92870

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

The ACORD name and logo are registered marks of ACORD 748

POLICY NUMBER: 62P100999-03 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
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: AAA Oil Inc
Endorsement Effective Date: 5/1/2024

SCHEDULE
Name(s) Of Person(s) Or Organization(s):

Blanket as per Written Contract or Agreement
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.

Page 1 of 1 ends

Placentia City CouncilSeptember 17, 2024

Placentia City Council
September 17, 2024