Agenda packet — Placentia City Council, July 15, 2025 (part 2 of 2)

AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
PROVISION OF MAINTENANCE SERVICES WITH TEAM ONE MANAGEMENT INC.

This Amendment No. 3 (“Amendment”) to Professional Services Agreement is made and entered into effective the 1ST day of August 2025, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation (“CITY”), and TEAM ONE MANAGEMENT INC., a California corporation (hereinafter “CONTRACTOR”). CITY and CONTRACTOR are sometimes hereinafter individually referred to as “Party” and or collectively referred to as the “Parties.”

A. Recitals.

(i) CITY and CONTRACTOR entered into a Professional Services Agreement (“Agreement”) effective July 1st, 2021, through which CONTRACTOR has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit “A”.

(ii) The Parties now seek to amend the Agreement to add additional services to the scope of work of porter services and janitorial services for the Civic Center under the Public works Department.

(iii) All legal prerequisites to the making of this Amendment have occurred.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

B. Amendment to Agreement.

1. Section 2, Paragraph 1 of the Agreement is hereby amended to read as follows:

2.1. Contract Sum. Consultant’s total compensation shall not exceed One Hundred Thirty-Seven Thousand, Five Hundred Sixty-Two Dollars and Seventy Cents ($137,562.70).

2. Section 4.1, Paragraph 1 of the Agreement is hereby amended to read as follows:

4. 1. Term. This Agreement shall commence on the Effective Date and continue for a period of 12 months, ending on July 31, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

3. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.

4. The Agreement, all amendments together with this Amendment No. 3 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 3 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

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5. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 3 and that such execution is binding upon the entity for which he or she is executing this document.

IN WITNESS WHEREOF, the Parties have caused Amendment No. 3 to the Consulting Services Agreement are to be executed as of the day and year first above written.

CONSULTANT CITY OF PLACENTIA

By: ______________________________
Mike Akhavan
President

By: _____________________________
Jennifer Lampman
City Administrator

ATTEST:
_____________________________
Robert S. McKinnell
City Clerk

APPROVED AS TO FORM:

By:_____________________________
Christian L. Bettenhausen
City Attorney

164287

07/04/2024
Insurance Solutions
License #0K07568
33302 Valle Rd, Suite 200
San Juan Capistrano CA 92675
Angela Dancy
(949) 348-7400 (949) 201-4515
[email protected]
Team One Management Inc
DBA: Team One Management Services
PO Box 203
Lake Forest CA 92609
West American Ins. Co.44393
California Automobile Insurance Co.38342
CNA Surety 524126
24-25GL
A BKW55748813 07/24/2024 07/24/2025
1,000,000
500,000
10,000
1,000,000
2,000,000
2,000,000
B BA040000009648 10/03/2023 10/03/2024
1,000,000
XS24027616 05/09/2024 07/24/2025
2,000,000
2,000,000
C Janitorial Bond including Employee
Dishonesty 69410585 07/24/2024 07/24/2025
Limit:$100,000
The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respects to liability arising out of activities performed by or on behalf of the Named Insured pursuant to its contract with the City; products and completed operations of the Named Insured; premises owned, occupied or used by the Named Insured; Automobiles owned, leased, hired, or borrow by the Named Insured. This insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributory.

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.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:

PRODUCER
(A/C, No, Ext):PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT

EROTH-STATUTEPER

LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

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

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
165

07/12/2024
Capital Providers Insurance
License #0H52316
20750 Ventura Blvd., Ste 305
Woodland Hills CA 91364
Heidi Gocke
(818) 676-0016 (818) 676-0015
[email protected]
Team One Management
27324 Camino Capistrano
209
Laguna Niguel CA 92677
National Casualty Insurance Company
24 25 WC
A WCNCC312424 07/24/2024 07/24/2025 1,000,000
1,000,000
1,000,000
City of Placentia, its elected and appointed boards, officials, agents, employees, and voluteers are named as Certificate Holder City of Placentia
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.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:

PRODUCER
(A/C, No, Ext):PHONE

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS belowIf yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT

EROTH-STATUTEPER

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

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

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD

HIREDAUTOS ONLY
166

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84)
©1998 by the Workers’ Compensation Insurance Rating Bureau of California. All rights reserved.

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 07/24/2024 Policy No.: WCNCC 312424 Endorsement No.:

Insured:

Team One Management
Premium $ INCL
Insurance Company:

National Casualty Company
Countersigned by
Blanket Waiver
167

Agenda Item No: 1.i

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 15, 2025
Submitted by: Lydie Gutfeld
From: Community Services
Subject:

Approval of the License Agreement with Higher Ground Youth and Family Services for Teen Programming and Counseling and Therapy Services for Individual, Family and Group Sessions at the Teen Center in Kraemer Park
Financial Impact:

Fiscal Impact:

Expense: $0
Revenue: $1 FY25-26
Summary:

The City of Placentia is entering into a license agreement with Higher Ground Youth and Family Services, which will provide after-school teen programming in addition to free counseling and therapy sessions at the teen center located at 116 N. Walnut Ave, within Kraemer Memorial Park. Higher Ground Youth and Family Services is a nonprofit organization committed to building strong families and resilient communities through mentorship, mental health services, enrichment programs, and access to essential resources. Staff recommends a one (1) year initial license for a price of $1 per year to commence services beginning in September 2025, with the possibility of extending the services long term under a lease.

Recommendation:

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

1. Approve a one (1) year License Agreement with Higher Ground Youth and Family Services for teen programming, counseling and therapy services from the date that the agreement is fully executed with a $1 per year payment due September 1, 2025.

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

Strategic Plan Statement:

This item is consistent with the City Council approved 5-Year Strategic Plan Goal: To Increase Community Engagement: By providing much needed teen programing and counseling and therapy sessions, the city can increase their quality of life of its residents and engage a vulnerable teen population with awareness of positive recreational opportunities in the city.

Discussion:

Currently, the building is used as a hub for the PARKS program with very limited attendance, 168

ranging from 4 to 12 students (school age/non-teen). The PARKS program is able to relocate to the Backs Community Center across the park with no delays or issues with service delivery.

Staff is confident that adding the additional services provided by Higher Ground will enhance the service portfolio for the area and will increase the visibility of positive recreational opportunities for the teenage population that attends Kraemer Middle School and Valencia High School, located less than one (1) block away. Higher Ground Family and Youth Services has a successful program in the cities of Anaheim and Fullerton and should be considered as a viable option to provide services that the City is not capable of providing at this time.

Proposed activities and programs include:

Immediate Services (To Launch September 2025)
Core Services:

Free Counseling & Therapy: Individual, family, and group sessions provided by Marriage Family Therapist/Master of Social Worker interns under licensed supervision to address trauma and stress, break cycles of generational trauma, improve academic and social outcomes, reduce stigma and promote mental health awareness, and foster community resilience and long-term health.

Teen Center: A safe, supportive, after-school environment offering mentorship, tutoring, wellness workshops, and youth leadership activities.

Case Management: One-on-one support connecting families to housing assistance, legal aid, utilities relief, and more.

Basic Needs & Food Access: Distribution of clothing, hygiene items, and food boxes to underserved families through case management services.

Adult Workshops & Workforce Development: Courses in ESL, financial literacy, job readiness, parenting, brain/mental health, and life skills.

Ongoing Community Events: Monthly family dinners, cultural celebrations, and youth showcases.

University Partnerships: Site-based student internships to provide additional youth mentoring and connection to teens in the after-school program.

Possible Expansion Opportunities (Post-2026, depending on need within the community) Expanded Choice Market & Basic Needs Pantry:

A dignified shopping experience for food and essentials.

Expanded Counseling and Case Management Support: Multiple therapy rooms and space assigned for mental health and case management support.

Expanded Teen Center to provide additional programming and educational opportunities for local youth.

Expanded workshops and workforce development space and offerings.

Community Kitchen: On-site preparation and distribution of meals to families and individuals.

University Partnerships: Site-based student internships, faculty-led workshops, and in- kind academic support.

By increasing these much-needed services in the Kraemer Park area, Staff is confident that the services will increase community engagement and work towards helping a vulnerable teen population while also providing equity and inclusion with responsive programming to serve the residents in the surrounding area. Having a license agreement benefits the City by allowing there to be a short-term agreement and giving the City time to evaluate the success of the program. In addition, it does not create any property rights so it will allow the City to terminate 169

and then end the agreement if the City determines either the program is unsuccessful, or the City has a need for the facility.

Fiscal Impact Summary:

There is no fiscal impact. The City would continue to maintain the teen center surrounding areas, including the roof and exterior of the teen center, in addition to utility costs. Higher Ground would pay the $1 license fee to become the service provider in the building and would also pay for interior building maintenance.

Attachments
Higher Ground Proposal for Teen Center 2025.pdf
License sept. 1.25 to aug 31.26- higher ground.pdf
LIO Prime General Liability Enhancement Endorsement.pdf Higher Ground City of Placentia certificate.pdf
170

Higher Ground Youth & Family Services
23001 E. La Palma Ave., Suite 220A, Yorba Linda, CA 92887-4770 (714) 833-5087 www.highergroundoc.org EIN#46-1455865

Proposal for use of Teen Center by
Higher Ground Youth and Family Services

Date: June 3, 2025
Submitted to: City of Placentia, Community Services
Submitted by: Higher Ground Youth and Family Services

Executive Summary

Higher Ground Youth and Family Services is a nonprofit organization committed to building strong families and resilient communities through mentorship, mental health services, enrichment programs, and access to essential resources. We propose a strategic, collaborative partnership with the City of Placentia to utilize the facility at 116 N Walnut Ave as a vibrant, holistic community hub modeled after our successful programming framework in the cities of Anaheim and Fullerton. Our approach prioritizes immediate, high impact services in Fall 2025 while building the foundation for long-term expansion.

The project aligns with the City of Placentia’s goals for public safety, community health, economic equity, and revitalization of public infrastructure.

Objectives

 Community Wellness: Deliver trauma-informed, no-cost services for youth and families, including mental health counseling, mentorship, case management, and family enrichment.
 Equity & Inclusion: Offer culturally responsive programming tailored to Placentia’s diverse population.
 Family Stability: Provide wraparound services to address food insecurity, financial stress, and systemic barriers.
 Neighborhood Revitalization: Activate underutilized city-owned property for positive community use.
 Scalable Growth: Establish infrastructure that can evolve into a model Family Wellness Center over time.

Proposed Activities and Programs

Immediate Services (To Launch September 2025)

Core Services:
 Free Counseling & Therapy: Individual, family, and group sessions provided by MFT/MSW interns under licensed supervision to address trauma and stress, break cycles of generational trauma, improve academic and social outcomes, reduce 171

Higher Ground Youth & Family Services
23001 E. La Palma Ave., Suite 220A, Yorba Linda, CA 92887-4770 (714) 833-5087 www.highergroundoc.org EIN#46-1455865

stigma and promote mental health awareness, and foster community resilience and long-term health.
 Teen Center: A safe, supportive, after-school environment offering mentorship, tutoring, wellness workshops, and youth leadership activities.  Case Management: One-on-one support connecting families to housing assistance, legal aid, utilities relief, and more.
 Basic Needs & Food Access: Distribution of clothing, hygiene items, and food boxes to underserved families through case management services.  Adult Workshops & Workforce Development: Courses in ESL, financial literacy, job readiness, parenting, brain/mental health, and life skills.  Ongoing Community Events: Monthly family dinners, cultural celebrations, and youth showcases.
 University Partnerships: Site-based student internships to provide additional youth mentoring and connection to teens in the after-school program.

Possible Expansion Opportunities (Post-2026, depending on need within the community)  Expanded Choice Market & Basic Needs Pantry: A dignified shopping experience for food and essentials.
 Expanded Counseling and Case Management Support: Multiple therapy rooms and space assigned for mental health and case management supports.  Expanded Teen Center to provide additional programming and educational opportunities for local youth.
 Expanded workshops and workforce development space and offerings.  Community Kitchen: Onsite preparation and distribution of meals to families and individuals.
 University Partnerships: Site-based student internships, faculty-led workshops, and in-kind academic support.

Contributions and Commitments

Higher Ground:
 Financial Commitments:
o Cover 100% of ongoing maintenance costs for the recreation center’s interior.
o Cover operational costs for programs and services offered onsite.  Programming:
o Manage the food pantry, counseling services, case management, and educational programs.
 Liability and Insurance:
o Provide comprehensive liability insurance that meets or exceeds city requirements.

We Request the City of Placentia to:
 Facility Responsibilities:
o Maintain the park grounds and exterior of the recreational center. o Cover all utility costs for the recreational center.
o Conduct roof and foundation assessments and repairs as necessary.  Lease Agreement:
172

Higher Ground Youth & Family Services
23001 E. La Palma Ave., Suite 220A, Yorba Linda, CA 92887-4770 (714) 833-5087 www.highergroundoc.org EIN#46-1455865 o Establish a $1 per year lease for the use of the recreational center and associated park space.

Benefits to the City of Placentia

1. Community Development: Provide accessible and impactful resources for underserved populations.

2. Increased Park Engagement: Drive greater utilization of Kraemer Memorial Park, reinforcing its role as a community hub.

3. Partnership Opportunities: Strengthen relationships between the City and local nonprofits, enhancing collaboration on future initiatives.

4. Enhanced Safety: Promote a supervised, structured environment that reduces the potential for unsupervised activities.

5. Economic Growth: Attract visitors to the area, benefiting local businesses and increasing community investment.

Conclusion
Higher Ground Youth and Family Services is eager to collaborate with the City of Placentia to transform Kraemer Memorial Park into a beacon of community enrichment. By combining innovative programming, dedicated stewardship, and a shared vision for public spaces, we aim to create lasting positive impacts for Placentia residents.

Thank you for considering this proposal; we look forward to discussing how we can bring this vision to life.

Contact Information
Jesse Payne
CEO, Higher Ground Youth and Family Services
Email: [email protected]
Phone: 714.714.3217

173

1 LICENSE AGREEMENT FOR TEEN CENTER

AT KRAMER PARK
Higher Ground Youth and Family Services

This License Agreement (“License Agreement”) is made and entered into this 1 st day of September, 2025 (“Effective Date”) by and between the City of Placentia, a California charter city and municipal corporation (“Licensor”) and the Higher Ground Youth and Family Services Inc.

California nonprofit public benefit (“Licensee”).

RECITALS
A. Licensor is the owner of certain real property known as Kraemer Memorial Park (“Park”). Located within the Park is the Kraemer Clubhouse located at 116 N. Walnut Avenue, Placentia, California (“Facility”).

B. Licensee to intends utilized the Facility to provide recreational, after-school tutoring, art and music classes, digital media, dance studio, parent-child counseling, positive parenting classes, and family wraparound care, in addition to other services which may be offered through the Higher Ground Youth and Family Services Program.

C. Licensor desires allow Licensee’s to utilize the Facility for its programs by granting a license for such use as provided herein.

LICENSE
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Licensor and Licensee (each, a “Party” and jointly, the “Parties”) agree as follows:

1. GRANT OF LICENSE. Licensor does hereby grant to Licensee an exclusive license to use the Facility (“License Area”) where Licensee will, in accordance with the provisions of this License Agreement, conduct activities and programs for its members and neighborhood youth as set forth in the recitals above. Licensee shall not have any right or interest in the License Area, but hereby acquires only the exclusive permission to use the License Area for the purposes herein specified.

2. TERM/TERMINATION: The term of this License Agreement shall be for one (1) year, commencing upon execution by both parties and continue until August 31, 2026, unless otherwise terminated earlier as provided for in this License Agreement. Prior to the end of the Term, the Parties agree that any extension shall be created under a Lease Agreement.

3. FEE. Licensee shall pay Licensor an annual fee of One Dollar ($1.00) for the use of the License Area. Licensee shall pay said fee on or before September 1, 2025.

4. UTILITIES. Licensor shall be responsible for the payment of all charges for gas, electricity, and water utilities supplied to the Licensed Area. 174

2 5. TAXES. Licensee shall pay before delinquency all taxes, assessments, license fees and other charges that are levied and assessed against Licensee’s property installed or located in or on the License Area. On demand of Licensor, Licensee shall furnish Licensor with satisfactory evidence of these payments.

6. MAINTENANCE/CUSTODIAL SERVICE. Licensor shall maintain the exterior of the License Area. Licensee shall at its own cost and expense, keep the License Area, except for the exterior, in good order, condition and repair at standards which meet or exceed Licensor’s standards for maintenance. Licensee shall also, at its own cost and expense, provide all janitorial services to the License Area. Licensee further agrees to provide containers for trash and garbage, to provide trash removal and to keep the outside area surrounding the License Area free and clear of rubbish and litter.

7. IMPROVEMENTS OR ALTERATIONS. Licensee shall not alter the License Area in any manner without the prior written consent of Licensor. Licensee shall, before making any improvements or alterations, and at its own cost and expense, secure or cause to be secured any and all permits and approvals from Licensor which may be required. Licensee, at its cost, shall restore the site to the condition designated by Licensor upon termination or expiration of this License Agreement. If the License Area is not fully restored within 30 days from termination or expiration, Licensor will restore the License Area and bill the Licensee for reasonable expenses.

8. INDEMNIFICATION. Licensee shall, to the fullest extent permitted by law, indemnify, defend and hold Licensor and its employees, officers, directors, agents and representatives and its successors and assigns (collectively “Indemnitees) harmless from and against any and all claims, losses, liabilities, costs and expenses, including attorneys’ fees (collectively “Claims”) whether incurred by or made against any Indemnitee, for damage to real, personal, tangible or intangible property, including loss of use of any such property, and all Claims for bodily injury, sickness, disease or death of any person, arising from or in any way related to: (i) any act, omission or entry upon the License Area(s) or the Property or other activity under this Agreement by Licensee or Licensee’s Representatives (including but not limited to any Claim by any insurance company which has paid a claim and is subrogated to the rights of the claimant); and/or (ii) any breach by Licensee of its obligations under this License Agreement; provided, however, that no Indemnitee shall be entitled to indemnification hereunder for the portion, if any, of any Claim which is determined by a court of competent jurisdiction to have been arising from the sole negligence or willful misconduct of such Indemnitee. Payment shall not be a condition precedent to recovery under such indemnification, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend.

9. INSURANCE.

9.1 Licensee shall secure, prior to entry onto the License Area and/or commencing any activities under this License Agreement, and maintain or cause to be maintained during the term of this License Agreement, insurance coverage as follows:

a. Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000. Licensee shall deliver an endorsement to the Workers’ Compensation Insurance policy, in 175

3 form acceptable to the City’s Risk Manager, containing a waiver of subrogation by the insurance carrier with respect to the City, its officials, agents, employees, representatives, and volunteers.

b. Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Bodily Injury Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Liability, and Sexual Abuse and Molestation, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate. Such insurance shall be written on a primary basis, but may include a deductible or self-insured retention, provided that such deductible or self-insured retention is disclosed to Licensor, in writing, for review and acceptance, which shall not be unreasonably withheld, to its Risk Manager prior to the inception of this License Agreement.

c. Commercial Automobile Liability Insurance, as required by California law, including - as applicable - owned, non-owned and hired autos, in an amount of not less than Two Million Dollars ($2,000,000) per occurrence, combined single limit.

d. Professional Liability Insurance coverage in an amount of not less than Two Million Dollars ($2,000,000.00). Licensee shall maintain such coverage for at least one (1) year after the termination of this Agreement.

9.2 Licensee is financially and legally responsible for any self-insured retention and/or deductible applicable to its insurance policies and coverage.

9.3 Licensor’s Risk Manager is hereby authorized to amend or accept Licensee generated exception requests to the requirements set forth above in the event that such amendment or reduction is in the City’s best interest.

9.4 Any required coverage written with primary and excess layers to satisfy the minimum requirements of this Agreement must be submitted for approval, which shall not be unreasonably withheld, to the Risk Manager prior to the inception of this License Agreement.

9.5 Licensee agrees that this insurance shall not be voluntarily cancelled or limited in scope or coverage by Licensee until after thirty (30) days prior written notice has been given to the Director of Community Services, City of Placentia, 401 E. Chapman Avenue, Placentia California 92870. This does not apply to cancellation for non-payment of premium, which requires notice of not less than ten (10) days. Each insurance policy required by this Agreement, except policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
“It is agreed that any insurance maintained by Licensee pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of Placentia.”
“The City of Placentia, its officers, agents, employees, representatives and Placentia- designated volunteers are added as additional insured as respects 176

4 the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Placentia.”

9.6 Licensee shall deliver to Licensor (i) insurance certificates confirming the existence of the insurance required by this License Agreement, and including the applicable clauses referenced above and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator’s company affiliation and title. Should it be deemed necessary by Licensor, it shall be Licensee’s responsibility to see that Licensor receives documentation, acceptable to Licensor, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company. In addition, Licensor has the right to demand, and to receive, within a reasonable time, copies of any insurance policies required under this License Agreement.

9.7 In addition to any other remedies Licensor may have if Licensee or its agent(s), as applicable, fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Licensor may, at its sole option terminate this License Agreement. Termination of this License Agreement is an alternative to other remedies Licensor may have and is not the exclusive remedy for Licensee’s failure to maintain or cause to be maintained the required insurance or secure or cause to be secured appropriate endorsements.

9.8 Nothing herein contained shall be construed as limiting in any way the extent to which Licensee may be held responsible for payment of damages to persons or property resulting from Licensee’s or its subcontractor’s performance under this License Agreement.

10. SITE AT TERMINATION. Licensee shall surrender the License Area to Licensor in the same condition as when received, ordinary wear and tear excepted. Licensee shall, at its own expense, repair any damage to the License Area occasioned by the removal of its trade fixtures furnishings and equipment. Licensee shall, at its own expense, remove from the License Area any trade fixtures, furnishings and equipment.

11. USES PROHIBITED. Licensee agrees that no activity shall be conducted or carried on in violation of any regulation, order of law, statute, bylaw, or ordinance of any governmental agency having jurisdiction or the regulation of the Department of Community Services. Licensee shall abide by the hours of operation of the Park. Licensee shall not use or permit the License Area, or any part thereof, to be used by any purpose or purposes that will cause a cancellation of any insurance policy covering the buildings located on the site, or any part thereof, nor shall Licensee sell or permit to be kept, used, or sold, in or about the property and article prohibited by the standard form of fire insurance policies. Licensee shall, at its sole cost, comply with all requirements pertaining to the property, of any insurance organization or company, necessary for the maintenance of insurance, as herein provided, covering any building and appurtenances at any time located on the property.

12. WASTE AND NUISANCE PROHIBITED.

12.1 Licensee agrees not to use, or suffer or permit the License Area or any part thereof to be used in any manner that will constitute a nuisance or an unreasonable annoyance to the 177

5 owners or occupants of the License Area or property adjacent to the License Area, or for any extra- hazardous purposes. The License Area and every part thereof shall be kept by Licensee in a clean, sanitary and wholesome condition, free from any objectionable noises, odors or nuisances, public or private.

12.2 Licensee shall, to the reasonable satisfaction of Licensor, keep and maintain the License Area and improvements of any kind which may exist or be placed thereon in a safe, clean, wholesome, sanitary condition, good condition and repair. It shall be Licensee’s responsibility, at Licensee’s sole cost and expense, to take all steps necessary to maintain such a standard of condition and repair equal to or better than the standard of condition and repair that exists on such License Area.

13. O.S.H.A & A.D.A. Licensee covenants at all times during the Term of this License Agreement to comply, to the best of its ability with the requirements of the Occupational Safety and Health Act of 1970, 29 U.S.C. Section 651 et seq. and the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101 et seq. and any analogous legislation in California (collectively “Acts”), to the extent that the Acts apply to the License Area and any activities thereon.

14. PARTIES’ REPRESENTATIVES. Licensee shall designate in writing to Licensor on-site representatives who shall be responsible for the day-to-day operation and level of maintenance, cleanliness, and general order. The Director of Community Services or his or her representative shall represent Licensor in all matters so assigned under this License Agreement and shall be responsible for the administration of this License Agreement. Nothing contained in this Section shall be construed to authorize the Director of Community Services, or his or her representative, to amend, cancel, waive, or otherwise modify any terms of this License Agreement, except to the extent such changes or modifications are expressly authorized by this License Agreement.

15. ASSIGNMENT, SUBLETTING AND RENTAL. Licensee shall not, directly or indirectly, nor by operation of law, assign this License Agreement, or any interest herein, and shall not sublet or rent the License Area or any part thereof, nor permit any other person or entity (the agents, servants and invitees of Licensee excepted) to occupy or use the License Area, or any portion thereof. Any assignment, subletting or rental shall be voidable.

16. LICENSOR ‘S ACCESS. Licensor and Licensor’s agents shall have the right to enter the License Area and make any repairs or restoration as may be needed to restore the License Area after any damage to or destruction of the License Area in the event of an emergency. Licensee acknowledges and agrees that Licensee bears all risk of loss or damage to the interior of the License Area. Licensee shall immediately notify Licensor if any portion of the exterior License Area (i) is not in a state of good repair; (ii) is unsightly; (iii) has been damaged, destroyed or defaced; or (iv) is otherwise injured and in need of repair.

17. DEFAULTS AND REMEDIES.

17.1 Default by Licensee. Default by Licensee shall exist due to the failure by LICENSEE to comply with any term, covenant or condition of this License Agreement and failure 178

6 to remedy the same within thirty (30) days after written notice from Licensor’s Representative specifying the nature of such default, unless such default, by its nature cannot be cured within thirty (30) days , in which case, Licensee shall not be deemed in default so long as Licensee commences such remedy within thirty (30) days of such written notice and diligently prosecutes the same to completion. In no event shall the period of such cure exceed ninety (90) days. If at the end of ninety (90) days, Licensee has failed to cure the breach, Licensor, in its sole discretion, may proceed immediately to terminate this License Agreement or take such other action as is available at law or in equity.

17.2 Licensor’s Remedies. In the event of any such default or breach by Licensee, Licensor may at any time thereafter, with notice of demand and without limiting Licensor in the exercise of any right or remedy which Licensor may have by reason of such default or breach:

a. Terminate Licensee’s License by any lawful means, in which case Licensee shall immediately surrender possession of the License Area to Licensor.

In such event Licensor shall be entitled to recover from Licensee all damages incurred by Licensor of the default of Licensee, including, but not limited to, the cost of recovering possession of the License Area and reasonable attorneys’ fees and costs.

b. Pursue any other remedy now or hereafter available to Licensor under the laws of the State of California.

18. TERMINATION.

18.1 Termination Without Cause. Either party may terminate this License Agreement at any time by giving prior written notice to the other party at least sixty (60) days prior to the effective date of termination.

18.2 Termination With Cause. Licensor may terminate this License Agreement should any of the following occur:
a. If Licensee should be adjudged bankrupt or should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency.

b. If Licensee should disregard any applicable laws and ordinances or be in violation or breach of any provision of this License Agreement.

19. EQUAL OPPORTUNITY – NONDISCRIMINATION. Licensee shall comply with Title VI and VII of the Civil Rights Act of 1964, as amended; the Age Discrimination Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; Title II of the Americans with Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended, California Government Code Section 12940(c), (h), (l), (i), and (j); and other applicable federal and state laws, as well as their implementing regulations, and any other law pertaining to Equal Employment Opportunity Affirmative Action and Discrimination as each may now exist or be hereafter amended. Licensee shall not discriminate against any employee, or applicant for employment and 179

7 shall not withhold any services, benefits or facilities to any participant on the basis of an ethnic group identification, race, color, national origin or ancestry, religion, age, sex, marital status, political belief, religious creed, physical disability, mental disability, sexual orientation, medical condition or military or veterans status.

20. POLITICAL ACTIVITY. Licensee agrees that the License Area shall not be used to promote, directly or indirectly, any political party, political candidate or political activity, except as permitted by law.

21. CONFLICT OF INTEREST. Licensee or its employees may be subject to the provisions of the California Political Reform Act of 1974, which: (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this License Agreement; and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. Licensee shall conform to all requirements of the Act and failure to do so constitutes a material breach and is grounds for immediate termination of this License Agreement. Licensee shall indemnify and hold harmless Licensor for any and all claims for damages resulting from Licensee’s violation of this Section.

22. GOVERNING LAW. This License Agreement shall be governed by the laws of the State of California. If any portion of this License Agreement is held invalid under any applicable statute or rule of law, then such portion only shall be deemed invalid.

23. COMPLIANCE WITH LAWS. In the performance of this License Agreement, Licensee shall abide by and conform to any and all applicable laws of the United States, the State of California and the City Charter and Ordinances of Licensor, as such may be applicable to Licensee’s use of the License Area.

24. ENTIRE AGREEMENT. This License Agreement fully expresses all understandings of the parties and is the total agreement between the parties as to the subject matter of this License Agreement. No additions to, or alterations of, the terms of this License Agreement, whether written or verbal, by the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this License Agreement which is formally approved and executed by both parties.

25. LICENSES AND STANDARDS. Licensee warrants that it has all necessary licenses and permits required by the laws of the United States, State of California, County of Orange, City of Placentia, and all other appropriate governmental agencies, and agrees to maintain these licenses and permits in effect for the duration of this License Agreement. Further, Licensee warrants that its employees shall conduct themselves in compliance with such laws and licensing requirements including, without limitation, compliance with laws applicable to sexual harassment and ethical behavior.

26. FINGERPRINTING. As a condition precedent to the effectiveness of this License Agreement and the furnishing of services hereunder, Licensee agrees to comply with the provisions of Education Code Section 10911.5, Penal Code Section 1105.3 and Public Resources Code Section 5164 with respect to the fingerprinting of employees and volunteers. 180

8 27. WAIVER. No waiver or failure to exercise any right, option or privilege under the terms of this License Agreement on any occasion shall be construed to be a waiver of any other right, option or privilege on any other occasion, and a consent to one assignment, transfer or use of Licensee’s license hereunder by another person shall not be deemed to be a consent to any subsequent assignment or transfer or use by another person.

28. INDEPENDENT CONTRACTOR. Neither Licensor nor any of its employees shall have any control over the manner, mode or means by which Licensee, its agents or employees, perform the services required herein, except as otherwise set forth herein. Except as expressly provided herein, Licensor shall have no voice in the selection, discharge, supervision or control of Licensee’s employees, representatives or agents, or in fixing their number, compensation or hours of service. Licensee shall perform all services required herein as an independent contractor of Licensor and shall remain at all times as to Licensor a wholly independent contractor with only such obligations as are consistent with that role. Licensee shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Licensor. Licensor shall not in any way or for any purpose become or be deemed to be a partner of Licensee in its business or otherwise or a joint venture or a member of any joint enterprise with Licensee.

In consideration of the value of the Licensee granted herein, Licensee agrees that Licensor shall not be liable or responsible for any benefits, including, but not limited to, worker’s compensation, disability, retirement, life, unemployment, health or any other benefits for employees, agents, representatives, instructors or contractors of Licensee and Licensee agrees that it shall not sue or file a claim, petition or application therefor against Licensor or any of its officers, employees, agents, representatives or sureties.

29. NO THIRD-PARTY RIGHTS. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this License Agreement or of any duty, covenant, obligation or undertaking established herein.

30. ATTORNEYS FEES. If any action at law or in equity shall be brought to recover for, or to enforce or to interpret any of the covenants, terms or conditions of this License Agreement, or for the recovery of the possession of the site, the prevailing party shall be entitled to recover from the other party as part of the prevailing party’s cost, reasonable attorney fees.

31. NOTICES. Any notice or demand required or permitted to be given by the terms of this Agreement, or by any law or statute may be given by depositing said notice or demand in the U.S. Mail, postage prepaid, addressed to the other Party’s address or any new address provided by to the other Party in writing. Service of said notice or demand shall be complete five (5) days after deposit of said notice or demand in the mail.

Notices and communication concerning this License Agreement shall be sent to the following addresses:

Licensor: City Clerk
401 E. Chapman Avenue
Placentia, California 92870
181

9 With a copy to:

Director of Community Services
401 E. Chapman Avenue
Placentia, California 92870
Licensee: Higher Ground Youth and Family Services Inc.

Attention: Michael F. Deluca
23001 La Palma Avenue, Suite 220A
Yorba Linda, California 92887

Either party may, by notice to the other Party, change the address specified above. Service of notice or communication shall be complete when received at the designated address.

32. ENTIRE LICENSE. This License Agreement constitutes the entire agreement and understanding between the parties hereto, and supersedes all proposals, oral or written, and all other communications between the parties with respect to the subject matter of this Agreement.

33. AUTHORITY. Licensee and Licensee’s signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this License Agreement on behalf of Licensee and to bind Licensee hereto.

Signatures on Following Page
182

10 IN WITNESS WHEREOF, the Parties have caused their duly authorized representative to execute this License Agreement.

CITY OF PLACENTIA

By: _____________________________
Jennifer Lampman
City Administrator

Attested to by:

By: _____________________________
Robert S. McKinnell
City Clerk

Approved as to form:

By: _____________________________
Christian Bettenhausen
City Attorney

HIGHER GROUND YOUTH

AND FAMILY SERVICES INC

By: _____________________________
Name:

Title:

By: _____________________________
Name:

Title:

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Page 1 of 3 ends

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIME GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement which apply in the event no other specific coverage is provided under this policy. If such specific coverage applies, the terms and conditions of that coverage are the sole coverage applicable under this policy, unless otherwise noted in this endorsement.

Coverage Applicable Limit of Insurance Page #
Damage to Premises Rented To You $1,000,000 1
Expected Or Intended Injury – Property Damage Included 1 Non-Owned Watercraft Less than 58 feet 2
Supplementary Payments – Bail Bonds $3,000 2
Supplementary Payments – Loss of Earnings $1,000 per day 2 Employee Indemnification Defense Coverage $25,000 2
Additional Insured – Broadened Named Insured Included 2 Additional Insured – Grantor of Franchise Included 2
Additional Insured – Managers, Landlords, or Lessors Of Premises
Included 2
Additional Insured – Lessor Of Leased Equipment – Automatic Status When Required In Lease Agreement With You
Included 3
Additional Insured – As Required By Contract Included 3 Additional Insured – Leased Workers Included 3
Transfer Of Rights Of Recovery Against Others To Us Clarification 3 Liberalization Included 3
Bodily Injury – Includes Mental Anguish Included 3

A. Damage to Premises Rented to You

If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:

Paragraph 6. of SECTION III – LIMITS OF INSURANCE is replaced by the following:

Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit of $1,000,000 is the most we will pay under COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages because of “property damage” to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke, or leakage from automatic fire protective systems or any combination thereof.

B. Expected or Intended Injury – Property Damage

Paragraph a. of 2. Exclusions of SECTION I – COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following:

Expected Or Intended Injury
“Bodily injury” or “property damage” expected or intended from the standpoint of the insured. This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.

C. Non-Owned Watercraft
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Page 2 of 3 ends

Subparagraph (2)(a) of Paragraph g. Aircraft, Auto or Watercraft of SECTION I – COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended to read as follows:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent.

D. Supplementary Payments

Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS – COVERAGES A AND B are amended as follows:

1. The limit for the cost of bail bonds is increased from $250 to $3,000; and

2. The limit for actual loss of earnings is increased from $250 a day to $1,000 a day.

E. Employee Indemnification Defense Coverage

The following is added to SUPPLEMENTARY PAYMENTS – COVERAGES A AND B:

We will pay, on your behalf, defense costs incurred by an “employee” in a criminal proceeding.

The most we will pay for any “employee” who is directly involved in a criminal proceeding is $25,000 regardless of the numbers of "employees," claims or “suits” brought or persons or organizations making claims or bringing “suits.”

F. Who Is An Insured

The following is added to Paragraph 2. Of SECTION II – WHO IS AN INSURED:

Each of the following is also an insured:
a. Broadened Named Insured
Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However, coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured, if they are also insured under another similar policy, but for its termination or the exhaustion of its limits of insurance. b. As Required By Contract
Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for "bodily injury," "property damage" or "personal and advertising injury" but only for liability caused, in whole or in part, by the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations.
c. Grantor of Franchise
Any person or organization with respect to their liability as the grantor of a franchise to you.
d. Managers, Landlords, or Lessors of Premises
Any person or organization with respect to their liability caused, in whole or in part, by the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions:

This insurance does not apply to:
(1) Any “occurrence” which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization.

e. Lessor of Leased Equipment – Automatic Status When Required in Lease Agreement With You
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Page 3 of 3 ends

Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization.

A person’s or organization’s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.

With respect to the insurance afforded to these additional insureds, this insurance does not apply to any “occurrence” which takes place after the equipment lease expires. f. Leased Workers
At the First Named Insured’s option, your leased workers.

G. Transfer Of Rights Of Recovery Against Others To Us

The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS:

Therefore, the insured can waive the insurer’s rights of recovery prior to the occurrence of a loss, provided the waiver is made in a written contract.

H. Liberalization

The following is added to SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS:

Liberalization
If we revise this endorsement to provide more coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.

I. Bodily Injury – Includes Mental Anguish

Paragraph 3. of SECTION V – DEFINITIONS is replaced by the following:
“Bodily injury” means bodily injury, sickness or disease sustained by a person, and includes mental anguish resulting from any of these; and except for mental anguish includes resulting death.

186

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:CONTACT
(A/C, No):FAX
E-MAILADDRESS:

PRODUCER
(A/C, No, Ext):PHONE

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT

EROTH-STATUTEPER

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED $PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

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

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
The City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
Higher Ground Youth and Family Services Inc

THE CITY OF PLACENTIA, ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYEES, AND VOLUNTEERS ARE

ADDITIONAL

INSURED & PRIMARY WORDING APPLIES PER THE BLANKET ADDITIONAL INSURED ENDORSEMENT

ATTACHED TO THE
POLICY AS REQUIRED BY WRITTEN CONTRACT. ADDITIONAL INSURED APPLIES TO AUTO LIABILITY.

LIO1100005435-01
LIO1100005435-01
X
Lloyd's of London
5,000
X
X
LIO1100005435-01
Lio Insurance Company
1,000,000
1,000,000
100,000
X
Each Occurrence
Aggregate
Retention
CA
CA
X
[email protected]
LIO1100005435-01
2,000,000
6590 E Camino Vista Unit 3
92887
A
$1,000,000
Yorba Linda
$2,000,000
$25,000
MR24ABRY
05/10/2026
05/10/2026
X
Morgan Insurance Services 714-323-7304
Bob Morgan
1,000,000
92807
Bob Morgan
23001 La Palma Ave Ste 220A
A
Anaheim
2,000,000
B
A
A
2,000,00
07/08/2024
07/08/2025
X
Sexual Abuse & Molestation
Professional Liability
05/10/2025
4,000,000
X
X
07/08/2025
fax number
05/10/2026
X
05/10/2025
05/10/2026
05/10/2025
05/10/2025
187

Agenda Item No: 1.j

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 15, 2025
Submitted by: Lydie Gutfeld
From: Community Services
Subject:

Approval of Memorandum of Understanding with the Placentia Community Foundation to provide non-profit status for tax-deductible donations for the Centennial Celebration Year.

Financial Impact:

Fiscal Impact:

There are no financials for this Memorandum of Understanding with the Placentia Community Foundation.

Summary:

In preparation for the City of Placentia’s 2026 Centennial Celebration, Staff has been working to identify sponsorship and donation opportunities to support event programming and community engagement. To facilitate contributions from local businesses and community partners who wish to support the Centennial Celebration while receiving tax-deductible credit for their donation, Staff recommends approval of a Memorandum of Understanding (MOU) with the Placentia Community Foundation (PCF).

This partnership will allow sponsors to direct monetary contributions to PCF using the Foundation’s Taxpayer Identification Number (TIN). PCF will serve as the fiscal agent for these contributions, managing funds, providing monthly donation reports, and reimbursing the City for Centennial-related expenses through an invoice process. This collaborative model ensures compliance with nonprofit fundraising standards while streamlining donation processes for business sponsors.

Recommendation:

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

1. Approve the Memorandum of Understanding between the City of Placentia and the Placentia Community Foundation and authorize the City Administrator and/or her designee to execute the agreement, in a form approved by the City Attorney.

Strategic Plan Statement:

This item is consistent with the City Council approved 5-Year Strategic Plan Goal 4: Increase Community Engagement. By partnering with the Placentia Community Foundation, the city is better able to engage with businesses and community partners for sponsorship opportunities to help offset the costs of the Centennial Year.
188

Discussion:

The Placentia Community Foundation was established to support community enrichment projects and initiatives in the City of Placentia. Over the years, the Foundation has partnered with the City on numerous programs and fundraising efforts. As the City prepares to host a year-long Centennial Celebration in 2026, the Foundation has expressed its willingness to support fundraising operations.

Local businesses and community sponsors have indicated strong interest in contributing to Centennial events but require a tax-deductible option to do so. The proposed MOU formalizes this partnership, outlining clear roles and expectations for fund collection, reporting, and disbursement. This collaboration aligns with best practices for public-private partnerships and reflects the community spirit that the Centennial Celebration seeks to honor.

The Centennial Celebration provides a unique opportunity for community-wide involvement in commemorating 100 years of the City’s history. In an effort to expand sponsorship opportunities, many local businesses have expressed interest in making tax-deductible contributions. Since the City is a municipal agency and cannot offer tax-deductibility for donations, the Placentia Community Foundation, a 501(c)(3) nonprofit organization, has agreed to serve as the fiscal sponsor for Centennial contributions.

Under the proposed MOU:

The City will coordinate, promote, and host events as part of the Centennial Celebration.

Businesses and individuals who wish to contribute and receive tax-deductible benefits will be directed to make checks payable to the Placentia Community Foundation, referencing the “Centennial Celebration.”
The Foundation will manage all donations, deposit funds into a designated Centennial account, and report monthly totals to the City.

The City will submit itemized invoices for reimbursement of eligible event-related expenses (e.g., supplies, rentals, entertainment).

The Foundation Board will review and approve disbursements and provide regular updates on fund activity at its monthly board meetings.

This process ensures accountability, transparency, and proper stewardship of all donated funds while allowing community partners to support the City in a tax-advantaged manner.

Fiscal Impact Summary:

There is no direct fiscal impact to approving the MOU. Donations received and managed by the Foundation will be used to reimburse eligible expenses incurred by the City in producing Centennial events.

Attachments
PCF MOU.pdf
189

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF PLACENTIA

AND THE PLACENTIA COMMUNITY FOUNDATION

Centennial Celebration Fundraising Partnership

This Memorandum of Understanding (“MOU”) is made and entered into as of this of , 2025 (“Effective Date”), by and between the City of Placentia, a California municipal corporation (“City”), and the Placentia Community Foundation, a California 501(c)(3) nonprofit public benefit corporation (“Foundation”).

I. PURPOSE

The purpose of this MOU is to establish a mutual understanding and partnership between the City and the Foundation in support of fundraising efforts for the City of Placentia’s Centennial Celebration, to be held throughout the calendar year 2026. The City will organize and host a variety of community events designed to commemorate its 100th anniversary. The Foundation will assist by accepting, managing and reporting on monetary donations received from community partners and local businesses that wish to contribute financially to the Centennial Celebration.

II. ROLES AND RESPONSIBILITIES

A. City of Placentia. The City shall be responsible for the following:

1. Coordinate Centennial Events. Organize, promote, and host a series of community events as part of the Centennial Celebration for the benefit of local businesses and community members.

2. Solicit Donations. Promote donation opportunities to local businesses and individuals who wish to support the Centennial Celebration. The City shall inform donors that all monetary donations should be made payable to the Placentia Community Foundation to ensure their donations are tax-deductible, if applicable.

3. Invoice for Reimbursement. Submit itemized invoices to the Foundation for eligible Centennial-related expenses, including but not limited to event supplies, contracted services, entertainment, rentals, and promotional materials.

4. Provide Supporting Documentation. Provide the Foundation with receipts, contracts, and/or documentation to substantiate the requested reimbursements. 190

B. Placentia Community Foundation. The Foundation shall be responsible for the following:

1. Accept and Manage Donations. Receive, deposit, and account for all monetary donations made in support of the Centennial Celebration. Donations may be made payable to the Foundation, which will provide its Taxpayer Identification Number (TIN) upon request to any donor requiring it for tax purposes. All donations received shall be deposited in a separate account identified as the Centennial Celebration account.

2. Track and Report Donations. Maintain a detailed accounting of all donations received for the Centennial Celebration and report total amounts received monthly to the City Administrator’s Office or designated staff liaison.

3. Disburse Funds. Disburse funds in a timely manner in connection with the reimbursement of invoices submitted by the City for Centennial-related expenses. disburse funds accordingly and in a timely manner.

4. Board Oversight and Reporting. Present a monthly financial report to the Foundation’s Board of Directors and the City’s Designated Representative summarizing donations received, invoices paid, and the balance of Centennial-designated funds.

III. DONATION IDENTIFICATION AND USE

1. Donation Identification. All Centennial-related donations must be clearly identified at the time of submission. Donors must designate their contributions as “Centennial Celebration” funds either in the memo line of checks, accompanying cover letters, or through verbal confirmation with staff when using digital platforms.

2. Restricted Use. All funds received and identified for the Centennial Celebration shall be used solely for expenses directly related to the City’s Centennial events. These funds may not be used for general City or Foundation operations or unrelated programming.

IV. TERM AND TERMINATION

1. Term. This MOU shall commence on the date Effective Date and shall remain in effect through December 31, 2026, unless extended by mutual written agreement between the parties.

2. Termination. Either party may terminate this MOU with thirty (30) days’ written notice to the other party. In the event of termination, all Centennial-designated funds remaining in the Foundation’s account shall be disbursed to the City for use in alignment with the original intent of the donations, or returned to donors where legally appropriate or required.

2 191

V. GENERAL PROVISIONS

1. Non-Binding Agreement. This MOU is a mutual expression of intent and cooperation and does not create any legally enforceable obligations or a joint venture between the parties.

2. Indemnification. Each party agrees to indemnify and hold harmless the other party, its officers, employees, and agents from any claims, liabilities, damages, or expenses arising out of or related to the party’s performance under this MOU, to the extent permitted by law.

3. Amendments. This MOU may be amended only in writing and signed by authorized representatives of both parties.

4. Designated Representatives. Each party shall designate a representative to coordinate communication and logistics associated with this partnership:

o City : Lydie Gutfeld, Community Services Director, [email protected]; Phone: 714-993-8227

o Foundation:

5. Notices. Any notices, documents, correspondence or other communications concerning this MOU may be provided by personal delivery, mail or e-mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 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.

City: Foundation

City of Placentia Placentia Community Foundation
Attention: City Administrator Attention: Tricia Montelongo, Jennifer Lampman Sheila Jordan 401 E. Chapman Avenue 401 E. Chapman Avenue
Placentia, California 92870 Placentia, California 92870 Email: Email:

6. Governing Law. This MOU 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.

7. Venue. In the event of any legal action arising under this MOU, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

Signatures on following page.
192

_______________
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding as of the date first written above.

CITY OF PLACENTIA

By:

Name: Jennifer Lampman
Title: City Administrator

Attested to by:

By:

Name: Robert S. McKinnell
Title: City Clerk
Approved as to form:

By:

Name: Christian Bettenhausen
Title: City Attorney

PLACENTIA COMMUNITY FOUNDATION

By:

Name:

Title: PFC Co-Chair

By:

Name:

Title: Sheila Jordan, Co-Chair

4 193

Agenda Item No: 2.a

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 15, 2025
Submitted by: Samantha Byfield
From: Public Works
Subject:

Public Hearing on Annual Solid Waste Handling Services Rates Adjustment and Related Resolutions for Fiscal Year 2025-26
Financial Impact:

Fiscal Impact:

Increased revenue of $30,224.57
Summary:

In 2010, the City entered into a franchise agreement (Agreement) with Republic Waste Services of Southern California, LLC (Republic) for solid waste collection services. Per the Agreement, solid waste rates are to be reviewed annually to determine if any adjustments are warranted based on changes in the Consumer Price Index (CPI). Staff and representatives from Republic discuss each year potential adjustments to solid waste rates paid by residents and businesses. The last residential and commercial rate adjustments took effect July 1, 2024.

On Thursday, May 29, 2025, the required 45-day notice under Proposition 218 was mailed to 12,445 record property owners of parcels in the City. The notice informed property owners about the proposed rate increases, the scheduled public hearing, and procedures for submitting a written protest to meet the notification requirements of Proposition 218.

This action recommends that the City Council conduct a public hearing at this Council meeting to consider resolutions approving the adjusted solid waste handling rates for Fiscal Year (FY) 2025-26, to be effective July 1, 2025; authorize the placement of revised residential rates on the County of Orange tax roll for FY 2025-26; and approve Amendment No. 16 to the Agreement.

Recommendation:

Recommended Action: It is recommended that the City Councill take the following actions:

1. Open the public hearing concerning the solid waste handling services, rate adjustment and related resolutions for Fiscal Year 2025-26; and

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

3. Close the public hearing and direct the City Clerk to tabulate the written protests and report the results of the tabulation to the City Council; and

4. Adopt Resolution No. R-2025-37, approving the amended fee schedule for solid waste handling services for Fiscal Year 2025-26; and
194

5. Adopt Resolution No. R-2025-38, authorizing and determining residential solid waste handling service charges and directing placement thereof on the Orange County property tax rolls for Fiscal Year 2025-26; and

6. Approve Amendment No. 16 to the Amended, Revised and Restated Agreement for Solid Waste Handling Services between the City of Placentia and Republic Waste Services of Southern California, LLC; and

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

Strategic Plan Statement:

There is no specific strategic planning statement or goal associated with this agenda item.

Discussion:

On July 20, 2010, the City entered into an Agreement with Republic for solid waste and recycling services. Per Section 24.3 of the Agreement, Republic is entitled to request a general annual rate adjustment to account for inflation each year. The agreed upon methodology for making this adjustment is determined by the CPI for the Los Angeles-Long Beach-Anaheim area as stated in Section 24.3 of the Agreement. Republic can adjust the rates in July of each year based upon the change in CPI for all Urban Consumers for the 12- month period ending January 31 of each year. Staff and representatives from Republic confer each year to discuss potential adjustments to solid waste rates paid by residents and businesses. The last residential and commercial rate adjustment took place on July 1, 2024.

According to the terms of the Agreement, the proposed adjustment to residential and commercial rates will have a retroactive effective date of July 1, 2025.

Proposed Rates for FY 2025-26
The proposed refuse rates for Fiscal Year (FY) 2025-26 (Attachment 4) include rate adjustments based upon the following:

Annual Rate Adjustment per CPI per Section 24.3 of the Agreement

Increase in the Orange County Landfill Tipping Fees per Section 24.5 of the Agreement

Annual Rate Adjustment per CPI for January 2025
In accordance with the City’s current waste hauling Franchise Agreement with Republic, the company is entitled to request a general annual rate adjustment to account for inflation. The agreed upon methodology for making this adjustment is determined by the CPI for Los Angeles-Long Beach-Anaheim area as stated in Section 24.3 of the Agreement. Republic can adjust the rates in July of each year based upon the change in CPI for all Urban Consumers for the 12-month period ending January 31 of each year. The change in CPI for the most recent 12-month period was 3.33%.

Orange County Landfill Tipping Fees
Another component of the rate includes landfill “tipping fees”, which are passed through directly to the customer. Beginning in 2010, the County of Orange (County) increased the landfill gate tipping fees from $22.00 per ton to $31.37 per ton. Per the Waste Disposal Agreement with the County of Orange, the County disposal fee is adjusted each July 1st according to the change in CPI–All Urban Consumers, All Cities for the 12-month period ending October 31 of each year. For FY 2025-26, the County will increase the fee to $43.76, which represents a 2.6% increase from the FY 2024-25 fees. 195

Proposed Residential Waste Rate Summary FY 2025-26
Residential Rate Current Rate Proposed Rate Rate Change Single-Family
(Monthly)$41.20 $44.86 $3.66/month
Single-Family (Annual)$494.40 $538.32 $43.92/year

Single-Family Residential Rate Breakdown FY 2025-26
Rate Component Monthly Amount
Current Base Service Fee $36.86
Green Waste Processing Fee $2.25
Service Fee CPI Adjustment of

3.33%$1.30
Current Landfill Disposal Fee $4.00
Landfill Disposal Fee Adjustment
of +2.6%$0.10
City Refuse & Recycling
Coordinator Fee $0.34
Total Proposed Rate $44.86*
*Rounded to the nearest hundredth

The following two tables provide a summary and breakdown of the proposed commercial waste rates for FY 2025-26. The tables only reflect the most utilized rates for discussion purposes. Attachment 4 includes the full rate schedule for both residential and commercial refuse services.

Proposed Commercial Waste Rates Summary FY 2025-26
Commercial Rate Current Rate Proposed Rate Rate Change
3-Yard Trash Bin $215.96 $222.66 $6.70/month
3-Yard Recycling Bin $184.27 $190.16 $5.89month
2-Yard Organics Bin $168.46 $173.72 $5.26/month
64-Gallon Organics
Cart $56.57 $58.37 $1.80/month

Commercial Rates
3-Yard Trash Bin 3-Yard Recycling
Bin
2-Yard Organic
Bin
64-Gallon
Organics Cart
Current Base
Service Fee $182.39 $182.68 $145.81 $56.08
CPI Adjustment of
+3.33%$6.07 $6.08 $4.85 $1.87
Current Landfill
Disposal Fee $31.98 N/A $21.38 N/A
196

Landfill Disposal
Fee Adjustment of
+2.6%
$0.83 N/A $0.56 N/A
City Refuse &
Recycling
Coordinator Fee
$1.40 $1.40 $1.12 $0.43
Total Proposed
Rate*$222.66 $190.16 $173.72 $58.37
*Rounded to the nearest hundredth

Proposition 218 Procedures
In addition to the provisions established in the Agreement, the City's ability to adjust rates is governed by Proposition 218. In 1996, California voters approved Proposition 218 which requires a specific process for cities to impose or increase certain types of fees. The provisions of Proposition 218 set forth in Article XIII D of the California Constitution provide that certain types of "Property Related Fees" are subject to a "majority protest" process.

The provisions of Proposition 218 set criteria for property-related fees for refuse, water and sewer services. The fees must be set so that:

The revenues generated by the fee do not exceed the cost of service.

No property owner's fee exceeds his/her proportionate share of the costs.

The City does not impose a property-related fee for a service that is not available to the property owner.

Under Proposition 218, the City's refuse collection fees are considered "Property Related Fees", because the fees are paid by property owners via the property tax roll. In other cities, refuse collection fees are either billed directly to each customer by the waste hauler or they are collected as part of the water utility bill. Proposition 218, and subsequent legislation AB 1260, defines the process for establishing or adjusting property-based fees. The process requires a notice of the proposed fee be sent to all property owners in the City and 45 days after the notice is sent, a public hearing be conducted by the City Council. During the 45-day period and until the close of the public hearing, a property owner may protest the fee by submitting a written protest. If more than 50% of the property owners of record in the City protest the fee, the City Council would be prohibited from enacting the fee change.

On May 29, 2025, the required 45-day notice was mailed to 12,445 record property owners of parcels in the City. The notice informed property owners about the proposed rate increases, the public hearing, and procedures for submitting a written protest (Attachment 5). As of July 10, 2025, the City Clerk has received 5 written protests. A total of 6,223 protests must be received to constitute a majority. If there is no majority protest vote, Staff recommends that City Council adopt the attached resolutions and amendment to the Agreement.

Fiscal Impact Summary:

The cost for providing solid waste services to the City's residents and businesses are covered by the customer rates established by the franchise hauler and paid by those receiving the services. However, the City does receive franchise and admin fees related to the contract.

Based on the CPI increase of 3.3%, the City would collect an additional $30,224.57 in revenue due to the increased rates.
197

Attachments
Attachment 1 - Resolution No. R-2025-37 - Solid Waste Rates for FY 2025-26.docx Attachment 1a. - Exhbit A - FY 2025-26 Placentia Refuse Rate Schedule.pdf Attachment 2 - Resolution No. R-2025-38 - Authorizing Billing on Property Tax Roll.docx Attachment 2a. - Exhbit A - FY 2025-26 Placentia Refuse Rate Schedule.pdf Attachment 3 - Amendment No. 16 for FY 2025-26 Rate Schedule.pdf Attachment 3a. - Exhbit A - FY 2025-26 Placentia Refuse Rate Schedule.pdf Attachment 4 - Proposed FY 2025-26 Placentia Refuse Rate Schedule.pdf Attachment 5 - Prop 218 Notice of Public Hearing.pdf
Attachment 6 - Presentation.pdf
198

Resolution R-2025-37 ATTACHMENT 1

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RESOLUTION NO. R-2025-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, APPROVING THE AMENDED

FEE SCHEDULE FOR SOLID WASTE HANDLING
SERVICES FOR FISCAL YEAR 2025-26

A. Recitals

(i). The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”), has declared that it is in the public interest to authorize and require local agencies to make adequate provision for the disposal of all solid waste within their jurisdictions.

(ii). Pursuant to California Public Resources Code §40059 (a)(1), the City Council of the City of Placentia (“City Council”) has determined that the public health, safety, and welfare require that an exclusive franchise agreement be awarded to qualified solid waste enterprise for solid waste handling services within the City of Placentia (“City”).

(iv). City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling, and disposal of solid waste, including AB 341, AB 939, AB 1826, AB 1594, SB 1383, the Resource Conservation and Recovery Act (“RCRA”), and the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), all as may be amended from time to time hereinafter

(v). City desires, among other things, to ensure adequate landfill space remains available to meet the public’s need for the safe handling and disposal of solid waste, and further desires to ensure its citizens do not incur undue costs in safely disposing of solid waste and has entered into that certain waste disposal agreement by and among various Orange County cities, including City, and the County of Orange, relating to the use of County landfills for the disposal of solid waste. Contractor has proposed to provide such services and take such actions as are necessary or desirable to ensure City complies with its obligations pursuant to the County Agreement, as the same may be amended from time to time hereinafter.

(vi). On May 29, 2025, the City mailed the Notice to a total of 12,445 record property owners of parcels to which the proposed rates for solid waste collection services would apply, informing them of a July 15, 2025, public hearing.

(vii). On July 1 5 , 2025, the City Council opened the public hearing, and received 5 valid written protests prior to the closing of the public hearing.

(viii). The total number of valid written protests was 5 which is less than 50 percent of the total number of valid written protests that could legally be presented.

199

Resolution R-2025-37 ATTACHMENT 1

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(ix). After hearing public testimony, the City Council considered whether to establish potential rate increases for residential and commercial solid waste collection services.

(x). Based upon the testimony provided at the public hearing, the City Council hereby establishes the solid waste handling service charges for residential and commercial services commencing on July 1 , 2025, as set forth in “Exhibit A,” attached hereto and incorporated by this reference as though fully set forth herein.

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., above.

2. Solid waste handling service charges for residential and commercial services commencing on July 1, 2025, as set forth in “Exhibit A,” attached hereto and incorporated by this reference as though fully set forth herein.

APPROVED and ADOPTED this 15th day of July 2025

Kevin Kirwin, Mayor

ATTEST:

Robert S. McKinnell, City Clerk
200

Resolution R-2025-37 ATTACHMENT 1

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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 adjourned meeting of the City Council held on the 15th day of July 2025 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Robert S. McKinnell, City Clerk

APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney
201

EXHIBIT A

Placentia Rate Adjustments Calculation (Effective July 1, 2025)

Resolution R-2025-37 EXHIBIT A

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202

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Service Fee Landfill Cost
Solid Waste &
Recycling Srvcs
Coordinator Fee
Adjusted Rate Current Rate Change % Change
Residential Rates
Single Family 40.41$ 4.10$ 0.34$ 44.86$ 41.20$ 3.66$ 8.88%

Additional Containers
Black "Trash" Container 7.23$ 4.10$ N/A 11.33$ 11.00$ 0.33$ 3.03% Brown "Yard Waste" Container 6.28$ N/A N/A 6.28$ 6.00$ 0.28$ 4.70% Green "Recycling" Container -$ N/A N/A -$ -$ -$ 0.00%

Residential Special Services
Residential Roll-Out Service 14.92$ N/A N/A 14.92$ 14.44$ 0.48$ 3.33% Extra Dump - All 3 Containers 31.68$ N/A N/A 31.68$ 30.66$ 1.02$ 3.33% Exchange of All 3 Containers 48.99$ N/A N/A 48.99$ 47.41$ 1.58$ 3.33% Container Replacement - Misuse 86.66$ N/A N/A 86.66$ 83.87$ 2.79$ 3.33%

Residential Bulky-Item Pick-ups
Additional Pick-ups over 3x p/Year 61.30$ N/A N/A 61.30$ 59.33$ 1.97$ 3.32% Charge for each item over 10 8.75$ N/A N/A 8.75$ 8.47$ 0.28$ 3.34% Additional Fee Gas Recovery 61.30$ N/A N/A 61.30$ 59.33$ 1.97$ 3.32%

Three Yard Containers
3 Days + Dump 113.33$ 7.12$ N/A 120.45$ 116.62$ 3.83$ 3.28% Each Additional Day 9.27$ N/A N/A 9.27$ 8.97$ 0.30$ 3.31%

Commercial Rates
Commercial Barrel (Each)
1 x p/wk (Max of Three)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05% Each Additional Pick-up Freq.(Max 3 X)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05%

Organic Commercial Barrel (Each)
35G only, 1 x p/wk (Max of Three)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05% Each Additional Pick-up Freq.(Max 3 X)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05%

Organic Commercial Barrel (Each)
64G only, 1 x p/wk (Max of Three)57.95$ N/A 0.43$ 58.37$ 56.57$ 1.81$ 3.19% Each Additional Pick-up Freq.(Max 3 X)57.95$ N/A 0.43$ 58.37$ 56.57$ 1.81$ 3.19% CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2025
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Service Fee Landfill Cost
Solid Waste &
Recycling Srvcs
Coordinator Fee
Adjusted Rate Current Rate Change % Change
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2025

Two Yard Containers
One Pick-up Only 150.66$ 21.94$ 1.12$ 173.72$ 168.46$ 5.26$ 3.12% Each Additional Pick-up Freq.(Max 3 X)78.68$ 21.83$ 0.58$ 101.10$ 98.09$ 3.01$ 3.07% Non-Scheduled Pick-up 71.67$ 5.13$ 0.53$ 77.33$ 74.96$ 2.37$ 3.16%

Three Yard Containers
First Pick-up 188.46$ 32.81$ 1.40$ 222.66$ 215.96$ 6.70$ 3.10% Each Additional Pick-up Freq.101.83$ 32.68$ 0.75$ 135.26$ 131.26$ 4.01$ 3.05% Non-Scheduled Pick-up 88.11$ 7.63$ 0.65$ 96.39$ 93.45$ 2.94$ 3.14%

Three Yard Manure Containers
First Pick-up 188.46$ 49.25$ 1.40$ 239.10$ 231.98$ 7.12$ 3.07% Each Additional Pick-up Freq.101.83$ 49.12$ 0.75$ 151.70$ 147.28$ 4.43$ 3.01% Non-Scheduled Pick-up 88.11$ 7.62$ 0.65$ 96.38$ 93.44$ 2.94$ 3.14%

Three Yard Compactors
First Pick-up 232.52$ 80.64$ 1.72$ 314.88$ 305.57$ 9.31$ 3.05% Each Additional Pick-up Freq.146.18$ 80.47$ 1.08$ 227.73$ 221.13$ 6.60$ 2.99% Non-Scheduled Pick-up 133.89$ 18.72$ 0.99$ 153.60$ 148.96$ 4.64$ 3.12%

Four Yard Containers
First Pick-up 207.31$ 44.18$ 1.53$ 253.02$ 245.44$ 7.58$ 3.09% Each Additional Pick-up Freq.112.02$ 44.04$ 0.83$ 156.89$ 152.27$ 4.61$ 3.03% Non-Scheduled Pick-up 96.91$ 10.27$ 0.72$ 107.90$ 104.62$ 3.28$ 3.14%

Six Yard Containers
First Pick-up 216.73$ 65.37$ 1.60$ 283.70$ 275.28$ 8.42$ 3.06% Each Additional Pick-up Freq.117.10$ 65.21$ 0.87$ 183.18$ 177.88$ 5.30$ 2.98% Non-Scheduled Pick-up 101.34$ 15.16$ 0.75$ 117.25$ 113.71$ 3.54$ 3.12%

Three Yard Construction Bin
First Pick-up 245.60$ 33.43$ 1.82$ 280.85$ 272.33$ 8.51$ 3.13% Each Additional Pick-up Freq.119.89$ 34.43$ 0.89$ 155.21$ 150.60$ 4.61$ 3.06% Non-Scheduled Pick-up 88.11$ 8.04$ 0.65$ 96.80$ 93.85$ 2.95$ 3.14%

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Service Fee Landfill Cost
Solid Waste &
Recycling Srvcs
Coordinator Fee
Adjusted Rate Current Rate Change % Change
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2025
Temp Three Yard Container - Non Profit
3 Days + Dump 109.69$ 8.09$ 0.81$ 118.59$ 114.96$ 3.64$ 3.16% Each Additional Day 8.99$ -$ 0.07$ 9.06$ 8.78$ 0.28$ 3.14% Commercial Recycle Containers
Three Yard "Recycle" Containers
First Pick-up 188.76$ N/A 1.40$ 190.16$ 184.27$ 5.89$ 3.19% Each Additional Pick-up Freq.101.97$ N/A 0.75$ 102.73$ 99.55$ 3.18$ 3.19% Non-Scheduled Pick-up 88.25$ N/A 0.65$ 88.91$ 86.16$ 2.75$ 3.19% Contaminated Bin (Trash)188.76$ N/A 1.40$ 190.16$ 184.27$ 5.89$ 3.19%

Commercial Special Services
Pull Out Service
First Pick-up 74.17$ N/A N/A 74.17$ 71.78$ 2.39$ 3.33% Each Additional Pick up Freq 74.17$ N/A N/A 74.17$ 71.78$ 2.39$ 3.33% Non-Scheduled Pick up 74.17$ N/A N/A 74.17$ 71.78$ 2.39$ 3.33%

Surcharge - Sunday Service 17.03$ N/A N/A 17.03$ 16.48$ 0.55$ 3.35%

Bin Exchange after One-Time p/Year 107.97$ N/A N/A 107.97$ 104.49$ 3.47$ 3.32%

Redelivery of Bin(s) - Non Payment 109.48$ N/A N/A 109.48$ 105.95$ 3.52$ 3.33%

Locking Latch Bins
Set-Up Cost 129.93$ N/A N/A 129.93$ 125.75$ 4.19$ 3.33% Monthly Maintenance Fee P/tip Freq.2.89$ N/A N/A 2.89$ 2.80$ 0.09$ 3.37%

Special Access / Code or Key Fee 14.39$ N/A N/A 14.39$ 13.93$ 0.46$ 3.30%

Container Steam Cleaning after 1x/Year 138.69$ N/A N/A 138.69$ 134.22$ 4.47$ 3.33%

Clean-Up/Disposal "Over the Top"50.40$ N/A N/A 50.40$ 48.78$ 1.62$ 3.32%

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Service Fee Landfill Cost
Solid Waste &
Recycling Srvcs
Coordinator Fee
Adjusted Rate Current Rate Change % Change
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2025
Commercial Bulky-Item Pick-ups
Basic Charge - Two Items 61.30$ N/A N/A 61.30$ 59.33$ 1.97$ 3.32% Charge for each item over Two 8.75$ N/A N/A 8.75$ 8.47$ 0.28$ 3.34% Additional Fee Gas Recovery 61.30$ N/A N/A 61.30$ 59.33$ 1.97$ 3.32%

Tilt Hopper Monthly Rental 56.15$ N/A N/A 56.15$ 54.34$ 1.81$ 3.33% Three Yard Bin Monthly Rental 71.99$ N/A N/A 71.99$ 69.67$ 2.32$ 3.33%

Industrial Rates for Roll-Off Services

Permanent Services
15-Yard Demo Container 498.07$ 272.29$ 3.69$ 774.05$ 751.60$ 22.45$ 2.99% 15-Yard Demo Container - Clean Inerts 454.22$ N/A 3.36$ 457.58$ 443.41$ 14.16$ 3.19%

30-Yard Drop Off Container 470.88$ 227.01$ 3.49$ 701.38$ 680.93$ 20.45$ 3.00% 30-Yard Container - Green Waste 654.59$ N/A 4.85$ 659.43$ 639.02$ 20.41$ 3.19%

40-Yard Compactor 591.58$ 317.69$ 4.38$ 913.65$ 887.14$ 26.51$ 2.99%

Temporary Services
15-Yard Demo Container 508.67$ 272.31$ 3.77$ 784.74$ 761.97$ 22.77$ 2.99% 15-Yard Demo Container - Clean Inerts 469.12$ N/A 3.47$ 472.59$ 457.96$ 14.63$ 3.20%

30-Yard Drop Off Container 494.69$ 227.04$ 3.66$ 725.39$ 704.20$ 21.19$ 3.01% 30-Yard Container - Green Waste 669.50$ N/A 4.96$ 674.45$ 653.57$ 20.88$ 3.20%

Overweight Surcharge p/ton
(Actual weight over 8 tons/load)
Trash Loads 24.20$ 45.29$ 0.18$ 69.67$ 67.76$ 1.91$ 2.82% Clean Inerts 44.69$ N/A 0.33$ 45.02$ 43.62$ 1.40$ 3.21% Clean Green Waste 58.50$ N/A 0.43$ 58.94$ 57.11$ 15.32$ 35.11%

206

Page 5 of 5 ends

Mandatory Signature Required - Per Pull 7.20$ N/A N/A 7.20$ 6.97$ 0.23$ 3.30%

Additional Days Temp R/O Per Day 17.49$ N/A N/A 17.49$ 16.93$ 0.57$ 3.34%

Stand-By Hourly Rate 109.48$ N/A N/A 109.48$ 105.95$ 3.52$ 3.33%

Relocation/Trip Charge/Dead Run 71.99$ N/A N/A 71.99$ 69.67$ 2.32$ 3.33%

Packer "Turn-A-Round" Surcharge Per Pull 14.39$ N/A N/A 14.39$ 13.93$ 0.46$ 3.30%

Heavy-Duty Truck Service - Per Pull 503.93$ N/A N/A 503.93$ 487.70$ 16.23$ 3.33%

R/O Container Steam Cleaning after 1x/Year 143.99$ N/A N/A 143.99$ 139.35$ 4.63$ 3.32%

Storage Container Rental / Delivery 113.74$ N/A N/A 113.74$ 110.08$ 3.66$ 3.32% Storage Container Return $10.00 + Per/Mile 1.58$ N/A N/A 1.58$ 1.53$ 0.05$ 3.49% 207

Resolution R-2025-38 ATTACHMENT 2

Page 1 of 3 ends

RESOLUTION NO. R-2025-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, AUTHORIZING AND

DETERMINING RESIDENTIAL SOLID WASTE HANDLING

SERVICE CHARGES AND DIRECTING PLACEMENT

THEREOF ON THE ORANGE COUNTY PROPERTY TAX
ROLLS FOR FISCAL YEAR 2025-26

A. Recitals

(i). Section 8.04.310 of the Placentia Municipal Code provides that the City Council may, by resolution, cause solid waste handling service charges to be collected with the Orange County Property Tax bills.

(ii). The City Council has received and analyzed the proposed refuse collection charges for residential services and has determined appropriate residential solid waste handling service charges to be set for the Fiscal Year 2025-26

(iii). The City Council has determined that residential solid waste and handling service charges collected via the tax rolls affords the least costly mechanism for the residential taxpayers of the City of Placentia and users of the solid waste handling services.

(iv). All legal prerequisites to the adoption of this Resolution have occurred.

B. Resolution

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

1. In all respects as set forth in the Recitals, Part A., above.

2. Solid waste handling service charges for residential and commercial services are set forth in “Exhibit A,” attached hereto and incorporated by this reference as though fully set forth herein.

3. Solid waste handling service charges for residential services be placed on the Orange County Property Tax Rolls for the Fiscal Year 2025-26, and such charges be collected in the same manner as the Property Tax.

4. A copy of this Resolution shall forthwith be transmitted by the City Clerk to the Auditor-Controller of the County of Orange.
208

Resolution R-2025-38 ATTACHMENT 2

Page 2 of 3 ends

APPROVED and ADOPTED this 15th day of July 2025.

Kevin Kirwin, Mayor

ATTEST:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

Robert S. McKinnell, City Clerk

APPROVED AS TO FORM:

Christian L. Bettenhausen, City Attorney
209

Exhibit A

EXHIBIT A
Placentia Rate Adjustments Calculation (Effective July 1, 2025)

Resolution R-2025-38

Page 3 of 3 ends

210

Page 1 of 5 ends

Service Fee Landfill Cost
Solid Waste &
Recycling Srvcs
Coordinator Fee
Adjusted Rate Current Rate Change % Change
Residential Rates
Single Family 40.41$ 4.10$ 0.34$ 44.86$ 41.20$ 3.66$ 8.88%

Three Yard Containers
3 Days + Dump 113.33$ 7.12$ N/A 120.45$ 116.62$ 3.83$ 3.28% Each Additional Day 9.27$ N/A N/A 9.27$ 8.97$ 0.30$ 3.31%

Commercial Rates
Commercial Barrel (Each)
1 x p/wk (Max of Three)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05% Each Additional Pick-up Freq.(Max 3 X)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05%

Organic Commercial Barrel (Each)
35G only, 1 x p/wk (Max of Three)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05% Each Additional Pick-up Freq.(Max 3 X)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05%

Page 2 of 5 ends

Service Fee Landfill Cost
Solid Waste &
Recycling Srvcs
Coordinator Fee
Adjusted Rate Current Rate Change % Change
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2025

212

Page 3 of 5 ends

Surcharge - Sunday Service 17.03$ N/A N/A 17.03$ 16.48$ 0.55$ 3.35%

Bin Exchange after One-Time p/Year 107.97$ N/A N/A 107.97$ 104.49$ 3.47$ 3.32%

Redelivery of Bin(s) - Non Payment 109.48$ N/A N/A 109.48$ 105.95$ 3.52$ 3.33%

Locking Latch Bins
Set-Up Cost 129.93$ N/A N/A 129.93$ 125.75$ 4.19$ 3.33% Monthly Maintenance Fee P/tip Freq.2.89$ N/A N/A 2.89$ 2.80$ 0.09$ 3.37%

Special Access / Code or Key Fee 14.39$ N/A N/A 14.39$ 13.93$ 0.46$ 3.30%

Container Steam Cleaning after 1x/Year 138.69$ N/A N/A 138.69$ 134.22$ 4.47$ 3.33%

Clean-Up/Disposal "Over the Top"50.40$ N/A N/A 50.40$ 48.78$ 1.62$ 3.32%

213

Page 4 of 5 ends

Service Fee Landfill Cost
Solid Waste &
Recycling Srvcs
Coordinator Fee
Adjusted Rate Current Rate Change % Change
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2025
Commercial Bulky-Item Pick-ups
Basic Charge - Two Items 61.30$ N/A N/A 61.30$ 59.33$ 1.97$ 3.32% Charge for each item over Two 8.75$ N/A N/A 8.75$ 8.47$ 0.28$ 3.34% Additional Fee Gas Recovery 61.30$ N/A N/A 61.30$ 59.33$ 1.97$ 3.32%

Tilt Hopper Monthly Rental 56.15$ N/A N/A 56.15$ 54.34$ 1.81$ 3.33% Three Yard Bin Monthly Rental 71.99$ N/A N/A 71.99$ 69.67$ 2.32$ 3.33%

Industrial Rates for Roll-Off Services

Permanent Services
15-Yard Demo Container 498.07$ 272.29$ 3.69$ 774.05$ 751.60$ 22.45$ 2.99% 15-Yard Demo Container - Clean Inerts 454.22$ N/A 3.36$ 457.58$ 443.41$ 14.16$ 3.19%

30-Yard Drop Off Container 470.88$ 227.01$ 3.49$ 701.38$ 680.93$ 20.45$ 3.00% 30-Yard Container - Green Waste 654.59$ N/A 4.85$ 659.43$ 639.02$ 20.41$ 3.19%

40-Yard Compactor 591.58$ 317.69$ 4.38$ 913.65$ 887.14$ 26.51$ 2.99%

Temporary Services
15-Yard Demo Container 508.67$ 272.31$ 3.77$ 784.74$ 761.97$ 22.77$ 2.99% 15-Yard Demo Container - Clean Inerts 469.12$ N/A 3.47$ 472.59$ 457.96$ 14.63$ 3.20%

30-Yard Drop Off Container 494.69$ 227.04$ 3.66$ 725.39$ 704.20$ 21.19$ 3.01% 30-Yard Container - Green Waste 669.50$ N/A 4.96$ 674.45$ 653.57$ 20.88$ 3.20%

214

Page 5 of 5 ends

Mandatory Signature Required - Per Pull 7.20$ N/A N/A 7.20$ 6.97$ 0.23$ 3.30%

Additional Days Temp R/O Per Day 17.49$ N/A N/A 17.49$ 16.93$ 0.57$ 3.34%

Stand-By Hourly Rate 109.48$ N/A N/A 109.48$ 105.95$ 3.52$ 3.33%

Relocation/Trip Charge/Dead Run 71.99$ N/A N/A 71.99$ 69.67$ 2.32$ 3.33%

Packer "Turn-A-Round" Surcharge Per Pull 14.39$ N/A N/A 14.39$ 13.93$ 0.46$ 3.30%

Heavy-Duty Truck Service - Per Pull 503.93$ N/A N/A 503.93$ 487.70$ 16.23$ 3.33%

R/O Container Steam Cleaning after 1x/Year 143.99$ N/A N/A 143.99$ 139.35$ 4.63$ 3.32%

Storage Container Rental / Delivery 113.74$ N/A N/A 113.74$ 110.08$ 3.66$ 3.32% Storage Container Return $10.00 + Per/Mile 1.58$ N/A N/A 1.58$ 1.53$ 0.05$ 3.49% 215

Page 1 of 2 ends

ATTACHMENT 3

AMENDMENT NO. 16 TO

AMENDED, REVISED AND RESTATED AGREEMENT FOR SOLID WASTE

SERVICES BETWEEN

THE CITY OF PLACENTIA AND

REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC

This Amendment No. 16 (the “Amendment”) is made and entered into effective the 1st day of July 2025, by and between the City of Placentia, a Charter City and Municipal Corporation (“City”), and Republic Waste Services of Southern California, LLC, a wholly owned subsidiary of Republic Services, Inc., a Delaware Limited Liability Company, dba Placentia Disposal for Solid Waste Handling Services (hereinafter “Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and or collectively referred to as the “Parties.”

A. Recitals.

(i) Effective July 20, 2010, City and Contractor entered into the “Amended, Revised and Restated Agreement” (the “Agreement”).

(ii) The Agreement has been revised thirteen times previously, the most recent revision being the Amendment No. 15, which became effective July 1, 2024.

(iii). City and Contractor have determined that this Amendment is required to adjust the solid waste collection rates per the terms of the Agreement in connection with solid waste handling services for City’s residents and commercial, industrial and municipal entities and agencies within the City.

(iv.) All legal prerequisites to the making of this Amendment have occurred.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties Agree as follows:

B. Agreement Amendment

1. Recitals Incorporated. In all respects as set forth in the Recitals, Part A., above, the Recitals are incorporated into the Agreement.

2. Contractor shall continue to provide solid waste handling services for City’s residents and commercial, industrial and municipal entities and agencies within the City in accordance with the Agreement.

3. Exhibit A Rates Revised. Exhibit “A” of the Agreement hereby is amended to reflect the rates and charges permitted to be charged by Contractor during Fiscal Year 2025-26 as set forth in Exhibit “A” hereto captioned “City of Placentia Rate Summary – Effective July 1, 2025.”

4. Terms Remain in Effect. Except as specifically modified herein, all of the remaining terms, conditions and provisions of the Agreement shall remain in full force and effect. 216284

Page 2 of 2 ends

ATTACHMENT 3

5. Merger. The Agreement, all amendments together with this Amendment No.16 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 16 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

6. Authority to Sign. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 16 and that such execution is binding upon the entity for which he or she is executing this document.

IN WITNESS WHEREOF, the Parties have caused Amendment No. 16 to the Agreement are to be executed as of the day and year first above written.

CONTRACTOR: CITY OF PLACENTIA

By: ______________________________
Peter Besada, General Manager

By: _________________________________
Jennifer Lampman, City Administrator

ATTEST:

By: _________________________________
Robert S. McKinnell, City Clerk

APPROVED AS TO FORM:

By: _________________________________
Christian L. Bettenhausen, City Attorney

217285

Page 1 of 5 ends

Service Fee Landfill Cost
Solid Waste &
Recycling Srvcs
Coordinator Fee
Adjusted Rate Current Rate Change % Change
Residential Rates
Single Family 40.41$ 4.10$ 0.34$ 44.86$ 41.20$ 3.66$ 8.88%

Three Yard Containers
3 Days + Dump 113.33$ 7.12$ N/A 120.45$ 116.62$ 3.83$ 3.28% Each Additional Day 9.27$ N/A N/A 9.27$ 8.97$ 0.30$ 3.31%

Commercial Rates
Commercial Barrel (Each)
1 x p/wk (Max of Three)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05% Each Additional Pick-up Freq.(Max 3 X)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05%

Organic Commercial Barrel (Each)
35G only, 1 x p/wk (Max of Three)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05% Each Additional Pick-up Freq.(Max 3 X)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05%

Page 2 of 5 ends

Service Fee Landfill Cost
Solid Waste &
Recycling Srvcs
Coordinator Fee
Adjusted Rate Current Rate Change % Change
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2025

219

Page 3 of 5 ends

Surcharge - Sunday Service 17.03$ N/A N/A 17.03$ 16.48$ 0.55$ 3.35%

Bin Exchange after One-Time p/Year 107.97$ N/A N/A 107.97$ 104.49$ 3.47$ 3.32%

Redelivery of Bin(s) - Non Payment 109.48$ N/A N/A 109.48$ 105.95$ 3.52$ 3.33%

Locking Latch Bins
Set-Up Cost 129.93$ N/A N/A 129.93$ 125.75$ 4.19$ 3.33% Monthly Maintenance Fee P/tip Freq.2.89$ N/A N/A 2.89$ 2.80$ 0.09$ 3.37%

Special Access / Code or Key Fee 14.39$ N/A N/A 14.39$ 13.93$ 0.46$ 3.30%

Container Steam Cleaning after 1x/Year 138.69$ N/A N/A 138.69$ 134.22$ 4.47$ 3.33%

Clean-Up/Disposal "Over the Top"50.40$ N/A N/A 50.40$ 48.78$ 1.62$ 3.32%

220

Page 4 of 5 ends

Service Fee Landfill Cost
Solid Waste &
Recycling Srvcs
Coordinator Fee
Adjusted Rate Current Rate Change % Change
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2025
Commercial Bulky-Item Pick-ups
Basic Charge - Two Items 61.30$ N/A N/A 61.30$ 59.33$ 1.97$ 3.32% Charge for each item over Two 8.75$ N/A N/A 8.75$ 8.47$ 0.28$ 3.34% Additional Fee Gas Recovery 61.30$ N/A N/A 61.30$ 59.33$ 1.97$ 3.32%

Tilt Hopper Monthly Rental 56.15$ N/A N/A 56.15$ 54.34$ 1.81$ 3.33% Three Yard Bin Monthly Rental 71.99$ N/A N/A 71.99$ 69.67$ 2.32$ 3.33%

Industrial Rates for Roll-Off Services

Permanent Services
15-Yard Demo Container 498.07$ 272.29$ 3.69$ 774.05$ 751.60$ 22.45$ 2.99% 15-Yard Demo Container - Clean Inerts 454.22$ N/A 3.36$ 457.58$ 443.41$ 14.16$ 3.19%

30-Yard Drop Off Container 470.88$ 227.01$ 3.49$ 701.38$ 680.93$ 20.45$ 3.00% 30-Yard Container - Green Waste 654.59$ N/A 4.85$ 659.43$ 639.02$ 20.41$ 3.19%

40-Yard Compactor 591.58$ 317.69$ 4.38$ 913.65$ 887.14$ 26.51$ 2.99%

Temporary Services
15-Yard Demo Container 508.67$ 272.31$ 3.77$ 784.74$ 761.97$ 22.77$ 2.99% 15-Yard Demo Container - Clean Inerts 469.12$ N/A 3.47$ 472.59$ 457.96$ 14.63$ 3.20%

30-Yard Drop Off Container 494.69$ 227.04$ 3.66$ 725.39$ 704.20$ 21.19$ 3.01% 30-Yard Container - Green Waste 669.50$ N/A 4.96$ 674.45$ 653.57$ 20.88$ 3.20%

221

Page 5 of 5 ends

Mandatory Signature Required - Per Pull 7.20$ N/A N/A 7.20$ 6.97$ 0.23$ 3.30%

Additional Days Temp R/O Per Day 17.49$ N/A N/A 17.49$ 16.93$ 0.57$ 3.34%

Stand-By Hourly Rate 109.48$ N/A N/A 109.48$ 105.95$ 3.52$ 3.33%

Relocation/Trip Charge/Dead Run 71.99$ N/A N/A 71.99$ 69.67$ 2.32$ 3.33%

Packer "Turn-A-Round" Surcharge Per Pull 14.39$ N/A N/A 14.39$ 13.93$ 0.46$ 3.30%

Heavy-Duty Truck Service - Per Pull 503.93$ N/A N/A 503.93$ 487.70$ 16.23$ 3.33%

R/O Container Steam Cleaning after 1x/Year 143.99$ N/A N/A 143.99$ 139.35$ 4.63$ 3.32%

Storage Container Rental / Delivery 113.74$ N/A N/A 113.74$ 110.08$ 3.66$ 3.32% Storage Container Return $10.00 + Per/Mile 1.58$ N/A N/A 1.58$ 1.53$ 0.05$ 3.49% 222

Page 1 of 5 ends

Service Fee Landfill Cost
Solid Waste &
Recycling Srvcs
Coordinator Fee
Adjusted Rate Current Rate Change % Change
Residential Rates
Single Family 40.41$ 4.10$ 0.34$ 44.86$ 41.20$ 3.66$ 8.88%

Three Yard Containers
3 Days + Dump 113.33$ 7.12$ N/A 120.45$ 116.62$ 3.83$ 3.28% Each Additional Day 9.27$ N/A N/A 9.27$ 8.97$ 0.30$ 3.31%

Commercial Rates
Commercial Barrel (Each)
1 x p/wk (Max of Three)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05% Each Additional Pick-up Freq.(Max 3 X)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05%

Organic Commercial Barrel (Each)
35G only, 1 x p/wk (Max of Three)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05% Each Additional Pick-up Freq.(Max 3 X)25.18$ 7.90$ 0.19$ 33.27$ 32.28$ 0.98$ 3.05%

Page 2 of 5 ends

Service Fee Landfill Cost
Solid Waste &
Recycling Srvcs
Coordinator Fee
Adjusted Rate Current Rate Change % Change
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2025

224

Page 3 of 5 ends

Surcharge - Sunday Service 17.03$ N/A N/A 17.03$ 16.48$ 0.55$ 3.35%

Bin Exchange after One-Time p/Year 107.97$ N/A N/A 107.97$ 104.49$ 3.47$ 3.32%

Redelivery of Bin(s) - Non Payment 109.48$ N/A N/A 109.48$ 105.95$ 3.52$ 3.33%

Locking Latch Bins
Set-Up Cost 129.93$ N/A N/A 129.93$ 125.75$ 4.19$ 3.33% Monthly Maintenance Fee P/tip Freq.2.89$ N/A N/A 2.89$ 2.80$ 0.09$ 3.37%

Special Access / Code or Key Fee 14.39$ N/A N/A 14.39$ 13.93$ 0.46$ 3.30%

Container Steam Cleaning after 1x/Year 138.69$ N/A N/A 138.69$ 134.22$ 4.47$ 3.33%

Clean-Up/Disposal "Over the Top"50.40$ N/A N/A 50.40$ 48.78$ 1.62$ 3.32%

225

Page 4 of 5 ends

Service Fee Landfill Cost
Solid Waste &
Recycling Srvcs
Coordinator Fee
Adjusted Rate Current Rate Change % Change
CITY OF PLACENTIA EXHIBIT "A"
RATE SUMMARY - EFFECTIVE JULY 1, 2025
Commercial Bulky-Item Pick-ups
Basic Charge - Two Items 61.30$ N/A N/A 61.30$ 59.33$ 1.97$ 3.32% Charge for each item over Two 8.75$ N/A N/A 8.75$ 8.47$ 0.28$ 3.34% Additional Fee Gas Recovery 61.30$ N/A N/A 61.30$ 59.33$ 1.97$ 3.32%

Tilt Hopper Monthly Rental 56.15$ N/A N/A 56.15$ 54.34$ 1.81$ 3.33% Three Yard Bin Monthly Rental 71.99$ N/A N/A 71.99$ 69.67$ 2.32$ 3.33%

Industrial Rates for Roll-Off Services

Permanent Services
15-Yard Demo Container 498.07$ 272.29$ 3.69$ 774.05$ 751.60$ 22.45$ 2.99% 15-Yard Demo Container - Clean Inerts 454.22$ N/A 3.36$ 457.58$ 443.41$ 14.16$ 3.19%

30-Yard Drop Off Container 470.88$ 227.01$ 3.49$ 701.38$ 680.93$ 20.45$ 3.00% 30-Yard Container - Green Waste 654.59$ N/A 4.85$ 659.43$ 639.02$ 20.41$ 3.19%

40-Yard Compactor 591.58$ 317.69$ 4.38$ 913.65$ 887.14$ 26.51$ 2.99%

Temporary Services
15-Yard Demo Container 508.67$ 272.31$ 3.77$ 784.74$ 761.97$ 22.77$ 2.99% 15-Yard Demo Container - Clean Inerts 469.12$ N/A 3.47$ 472.59$ 457.96$ 14.63$ 3.20%

30-Yard Drop Off Container 494.69$ 227.04$ 3.66$ 725.39$ 704.20$ 21.19$ 3.01% 30-Yard Container - Green Waste 669.50$ N/A 4.96$ 674.45$ 653.57$ 20.88$ 3.20%

226

Page 5 of 5 ends

Mandatory Signature Required - Per Pull 7.20$ N/A N/A 7.20$ 6.97$ 0.23$ 3.30%

Additional Days Temp R/O Per Day 17.49$ N/A N/A 17.49$ 16.93$ 0.57$ 3.34%

Stand-By Hourly Rate 109.48$ N/A N/A 109.48$ 105.95$ 3.52$ 3.33%

Relocation/Trip Charge/Dead Run 71.99$ N/A N/A 71.99$ 69.67$ 2.32$ 3.33%

Packer "Turn-A-Round" Surcharge Per Pull 14.39$ N/A N/A 14.39$ 13.93$ 0.46$ 3.30%

Heavy-Duty Truck Service - Per Pull 503.93$ N/A N/A 503.93$ 487.70$ 16.23$ 3.33%

R/O Container Steam Cleaning after 1x/Year 143.99$ N/A N/A 143.99$ 139.35$ 4.63$ 3.32%

Storage Container Rental / Delivery 113.74$ N/A N/A 113.74$ 110.08$ 3.66$ 3.32% Storage Container Return $10.00 + Per/Mile 1.58$ N/A N/A 1.58$ 1.53$ 0.05$ 3.49% 227

Page 1 of 2 ends

NOTICE IS HEREBY GIVEN that on Tuesday, July 15, 2025 at 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Placentia will hold a Public Hearing in the Council Chambers of the Placentia City Hall located at 401 E. Chapman Avenue to consider the proposed City’s solid waste collection rates for Fiscal Year (FY) 2025-26, with a proposed effective date of July 1, 2025.

BASIS FOR RATE INCREASES
The proposed rates for FY 2025-26 are based upon the City’s existing refuse collection franchise agreement with Republic Services (Franchise Agreement). The Franchise Agreement allows for increases to solid waste collection rates each July 1st in proportion to the increase or decrease in the cost of living as determined by the percentage change in the Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles-Long Beach- Anaheim, CA area for the twelve (12) month period ending on January 31st. Rate adjustments under the Franchise Agreement are also allowed due to changes in other operational costs in providing solid waste collection services. In addition, the County of Orange Landfill Gate Tipping fee is adjusted annually as determined by the Waste Disposal Agreement between the County of Orange and the City.

SUMMARY OF PROPOSED RATES FOR FY 2025-26
The proposed rates for FY 2025-26 are inclusive of the change in CPI for the 12-month period ending on January 31st which was 3.33% and a 2.6% increase in the County of Orange (County) Landfill Gate Tipping Fee. For 2025-26, the County will increase the landfill gate tipping fee to $43.76, which represents a 2.6 % increase from FY 2024-25 rate of $42.65. The tables below compare the current rates for typical residential and commercial services with the proposed FY 2025-26 solid waste collection service rates.

Proposed Residential Waste Rate Summary – FY 2025-26
Residential Rate Current Rate Proposed Rate Rate Change Single-Family (Monthly) $41.20 $44.86 $3.66/month
Single-Family (Annual) $494.40 $538.32 $43.92/year
Note: Single-family residential services are billed as a special assessment on the property tax roll.

City of Placentia
401 East Chapman Avenue
Placentia, CA 92870

CITY OF PLACENTIA

NOTICE OF PUBLIC HEARING FOR

PROPOSED SOLID WASTE COLLECTION RATES
228

Page 2 of 2 ends

Proposed Commercial Waste Rates Summary – FY 2025-26
Commercial Rate Current Rate Proposed Rate Rate Change
3-Yard Trash Bin $215.96 $222.66 $6.70/month
3-Yard Recycling Bin $184.27 $190.16 $5.89/month
2-Yard Organics Bin $168.46 $173.72 $5.26/month
64-Gallon Organics Cart $56.57 $58.37 $1.80/month
Note: Rates are for commercial services for a single bin serviced once a week, billed monthly

Additional information and the full proposed rate schedule can be viewed online at the City’s website at:
http://placentia.org/solidwasterates .

REASON FOR PUBLIC HEARING
The City Council will hold a public hearing on the above date and time to consider increasing rates for residential and commercial solid waste collection services. In 1996, California voters approved Proposition 218, which establishes a specific process for cities to impose or increase certain types of fees. Proposition 218 provides that certain “Property Related” rates are subject to a noticed public hearing and “majority protest” process.

This notice is being provided to you pursuant to Section 6 of Article XIIID of the California Constitution (Proposition 218) and Section 53755 of the Government Code which require that notification be sent 45 days in advance of the public hearing, to the address to which the City customarily provides the refuse collection service, or the known mailing address of the property owner, for each identified parcel upon which any new or increased refuse rate or charge is being proposed. You are being provided with this notice 45 days in advance of the public hearing as the identified owner of real property in the City of Placentia subject to the proposed solid waste and recycling rates. As a property owner, you have a right to submit a written protest to the proposed rate change.

WRITTEN PROTEST PROCEDURES
Any property owner whose property will be subject to the imposition of the proposed solid waste service fees and any tenant directly responsible for the payment of such fees (i.e., a customer of record) may submit a written protest to the proposed changes; provided, however, that only one protest will be counted per identified parcel.

Written protests may be submitted by mail or in person to the City Clerk’s Office at 401 East Chapman Avenue, Placentia, CA 92870 or at the Public Hearing (date and time noted above), provided they are received prior to the conclusion of the public comment portion of the Public Hearing. Any protest submitted via e-mail or other electronic means will not be accepted. Any written protest must (1) state that the identified property owner is in opposition to the proposed solid waste service charges; (2) provide the location of the identified parcel (by assessor’s parcel number, street address, or customer account); (3) provide written evidence (example: current copy of City Services Bill) that the person is the property owner, if the person was not shown on County of Orange’s last equalized assessment roll as the property owner; and (4) include the name and signature of the property owner submitting the protest.

If written protests against the proposed increases are not presented by a majority of identified parcels upon which the proposed rates are to be imposed, the City Council will be authorized to adopt the proposed rates. If adopted, the proposed solid waste collections rates will be effective July 1, 2025. Please note that each property will be counted as a single vote, regardless of the number of owners. If there are two record owners, both must sign the written protest. If there are more than two owners, the protest must be signed by a majority of the owners. Multiple protests returned for a single property will be disallowed and the City Clerk will only accept one protest per property. Email, fax, telephone, or oral protests of any kind will not be counted. Mailed protests received after the close of the public hearing will not be counted, even if they were postmarked earlier.

The City Council meeting agenda and staff report for the Public Hearing will be available 72 hours prior to the regular meeting of Tuesday, July 15, 2025, on the City’s website at: http://placentia.org/citycouncilagenda . If you have questions regarding this notice or how it may impact your property, please contact the Public Works Department at (714) 993-8148, Monday through Thursday from 7:30 a.m. to 6:00 p.m.

EN ESPAÑOL: Para recibir una copia de este aviso en español sobre cambios propuestos a las tarifas de la colección de basura, llame al (714) 993-8148, de lunes a jueves de 7:30 a.m. a 6:00 p.m. 229

Public Hearing: Solid Waste Handing Services Rate
Adjustment for Fiscal Year 2025-26
City Council
July 15, 2025
City of Placentia
230

Background
•Franchise Agreement with Republic became effective on
July 20, 2010
•Notice of Cancellation issued on July 19, 2017
•Agreement will expire on November 11, 2037
•Rates are adjusted annually on July 1st based on Agreement 2231

Previous City Council Action
•July 31, 2024 City Council Meeting
Approval of FY 24-25 Rate Schedule
3232

Proposed Rate Changes for
Fiscal Year (FY) 2025-26

1.Annual Rate Adjustment per CPI per Section 24.3 of the Agreement

1.CPI for Los Angeles-Anaheim-Long Beach Region for January 2025 was

3.33%

2.Orange County Landfill Tipping Fees Adjustment per
Section 24.5 of the Agreement

1.Increased 2.6% based on the Second Amendment to the Waste Disposal Agreement with the County
4233

Summary of Proposed
Solid Waste Collection Rates
5 Rate Current Monthly Rate Proposed Monthly Rate Rate Change per Month
3-Yard Trash Container $215.96 $222.66 $6.70
3-Yard Recycle Container $184.27 $190.16 $5.89
2-Yard Organics Container $168.46 $173.72 $5.26
64-gallon Organics Cart $56.57 $58.37 $1.80
Current
Monthly
Rate
Proposed
Monthly Rate
Current Annual
Assessment
Rate
Proposed Annual
Assessment Rate
Rate Change per
Month/Year
Single-Family
Residential Rate $41.20 $44.86 $494.40 $538.32 $3.66/$43.92 Commercial Rates (Includes Multi-family & Industrial Rates) Residential Rates
234

Public Hearing Notice & Process
•Proposition 218 requirements
45-day public hearing notice
Majority protest (50% + 1) by ratepayers precludes adoption of proposed rate increase
May 29, 2025: mailed out public hearing notices to property owners (ratepayers)
City Clerk’s Office received five (5) protest letters; Final tally at conclusion of public hearing
6235

Recommended Actions

1.Open the Public Hearing; and

2.Receive Staff Report & Public Testimony; and

3.Close the Public Hearing and direct the City Clerk to tabulate the written protests and report the results of the tabulation to the City Council; and

4.If no majority protest exists, Adopt Resolution No. R-2025-37 and R-2025-38 and Amendment No.16 setting the adjusted waste hauling rates for FY 2025-26.
7236

Questions & Comments
8237

Agenda Item No: 3.a

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 15, 2025
Submitted by: Gabriel Guerrero-Gabany
From: Public Works
Subject:
2025 Sewer Cost Recovery Fee Rate Study and Resolution Setting the Public Hearing Financial Impact:

Fiscal Impact:

Expense: $5,000 Mailing Expense
Budgeted: $5,000 FY 2025-26 Operating Budget Sewer Maintenance Fund

There is no immediate fiscal impact associated with this Study Session. Based upon City Council policy direction, Staff will finalize any proposed sewer rate cost recovery adjustments and return to the City Council at a later date to initiate the public hearing and the Proposition 218 process.

Summary:

The Public Works Department is responsible for administering over 84 miles of gravity sanitary sewer pipeline. In 2021 the City approved a sewer rate increase. This increase was meant to provide sufficient funding to maintain the existing sewer system and budget necessary capital improvements identified in the adopted 2018 Sewer Master Plan. The adopted sewer rate provided an annual increase of 3% per year to account for inflation over 5 years. The annual increase is set to expire at the end of FY 2025-26, after which fees will remain flat until a new sewer fee schedule is adopted.

Since that time, the Sewer Enterprise Fund has provided sufficient budget for routine maintenance but not for capital improvements. This presentation will provide a summary of the needed capital improvements, review the draft revised sewer rates necessary to implement those capital improvements, and receive direction from City Council regarding the recommended adjustments.

If approved by City Council the public hearing date would be set for October 7, 2025 and Staff would begin the Proposition 218 process.

Recommendation:

Recommended Action:

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

1. Receive and file the Staff report and presentation; and

2. Ask any questions of Staff; and
238

3. Adopt Resolution No. R-2025-40, a Resolution of the City Council of the City of Placentia, California, declaring its intention to adopt increased sanitary sewer system service fees, setting a public hearing for October 7, 2025, and directing Staff to provide notice pursuant to Proposition 218; and

4. Adopt Resolution No. R-2025-41, a Resolution of the City Council of the City of Placentia, California, adopting procedures for establishing and increasing property related fees and charges under Proposition 218.

Strategic Plan Statement:

This item is consistent with the City Council approved 5-Year Strategic Plan Goal 1: By ensuring long-term fiscal sustainability and Strategic Goal 5: By implementing public infrastructure to meet community needs.

Discussion:

The presentation to City Council will provide the background and analysis relative to a potential increase to the City's existing sewer collection rate. In general, the operation and maintenance costs of the City's sewer collection system have been sufficiently covered by the current sewer collection rate adopted in 2021. However, revenues have not been sufficient to cover the capital needs identified in the 2018 Sewer Master plan. The City, therefore, has a deferred backlog of much needed sewer system capital improvements.

Increases to the rate are recommended in order to provide sufficient funding to expand the capacity of the existing collection system, provide for much needed sewer rehabilitation and to ensure the Sewer Enterprise Fund remains financially solvent. If recommended by the City Council the public hearing date would be set for October 7, 2025 and the notification process, in conformance with Proposition 218 requirements, would begin. In addition, Staff would engage the community with information and outreach explaining the proposed adjustments to the sewer rate with a goal of implementing the new rates by November 2025.

Background:

The City currently maintains 84 miles of gravity sanitary sewer pipelines and approximately 600 manholes. The City's wastewater is transferred into the Orange County Sanitation District's (OCSD) collection system via 35 separate connections for treatment. Yorba Linda Water District (YWLD) owns and maintains 10 miles of sewer lines within the City's borders.

On April 26, 2002, the Santa Ana Regional Water Quality Control Board (RWQCB) issued Board Order (Order) No. R8-2002-0014, which prohibited the discharge of untreated sewage to any surface water storm or drainage system. This Order included numerous provisions, including the requirement for every agency to prepare a Sewer System Management Plan (SSMP) to address all requirements of the Order by September 30, 2005. In 2005, the City adopted a sanitary sewer fee and established the Sewer Maintenance Enterprise Fund to meet the increased costs and to comply with regulations adopted by the Santa Ana RWQCB.

The City adjusted the sanitary sewer fee rates in March 2005 even though the costs associated with maintaining the City's sewer system continued to rise. In 2021 the City adopted a revised sewer service fee structure, shown below.

User Class FY 2021-22
(per CCF)
FY 2022-23
(per CCF)
FY 2023-24
(per CCF)
FY 2024-25
(per CCF)
FY 2025-26
(per CCF)
239

Single Family
Residential $0.72 $0.74 $0.76 $0.79 $0.81
Multi-Family
Residential $0.82 $0.84 $0.87 $0.89 $0.92
Commercial $0.96 $0.99 $1.02 $1.05 $1.08
Industrial $0.96 $0.99 $1.02 $1.05 $1.08
Institutional $0.53 $0.54 $0.56 $0.58 $0.59
Government &
Public $0.72 $0.74 $0.76 $0.79 $0.81

The established fees increased at 3% per fiscal year to account for inflation. The annual increase is set to expire after this fiscal year, at which point the fee will remain flat until a new sewer fee is established. While the fee revenues have provided sufficient funding for maintenance needs, they have not provided sufficient funding for the ongoing capital improvement needs. Based on the 2018 Sewer Master Plan adopted by City Council, the estimated deferred sewer capital improvement costs are approximately $18.9M.

2025 Sewer Cost Recovery Fee Rate Study:

The completed analysis reviewed a five-year cost of service to continue ongoing maintenance while providing sufficient funding for capital improvements identified in the 2018 Sewer Master Plan to be completed over the next 5 years. To mitigate the effects of variable water usage, which led to the unreliability of the current fee structure, Staff is recommending a flat CIP fee be applied to each user category, with multi-family residential users tiered based on a range of units. This would provide a reliable revenue source to ensure capital sewer improvements could be completed. The proposed fee structure will continue to include a portion of the sewer fee based on water consumption per user category and charged on a per hundred cubic foot (CCF) unit.

The analysis was presented to the Sewer Utility, Refuse, and Recycling Ad-Hoc Committee (SURR Committee) at their June 10, 2025 meeting. Staff presented their recommendations and proposed an updated sewer rate structure. Upon a thorough review, the Committee provided Staff direction and recommended that the rates be forwarded to City Council for consideration.

The table in Attachment 1 provides a summary and breakdown of the proposed sewer fee rates over the next five years.

Proposition 218 Process
The City's ability to adjust rates is governed by Proposition 218. In 1996, California voters approved Proposition 218 which requires a specific process for cities to impose or increase certain types of fees. The provisions of Proposition 218 set forth in Article XIII D of the California Constitution provide that certain types of "Property Related Fees" are subject to a "majority protest" process.

The provisions of Proposition 218 set criteria for property-related fees for refuse, water, and sewer services. The fees must be set so that:

The revenues generated by the fee do not exceed the cost of service No property owner's fee exceeds his/her proportionate share of the costs The City does not impose a property-related fee for a service that is not available to the 240

property owner

Upon incorporation of the City Council's recommendations and direction to send Proposition 218 notices, pursuant to California constitution Article XIII D, Section 6, Staff will prepare and send notices to all property owners (and as a courtesy to all customers, i.e. tenants) that receive sewer service from the City. There will be a 45-day public notice period at which time, property owners and customers may send written protests for consideration by the City Council. Protests from property owners will be tallied at the public hearing tentatively set for October 7, 2025. Notwithstanding a majority protest, City Council can consider verbal testimony from anyone and written protests from non-property owners and decide to approve the rates.

Proposition 218, and subsequent legislation AB 1260, define the process for establishing or adjusting property-based fees. The process requires a notice of the proposed fee be sent to all property owners in the City and 45 days after the notice is sent, a public hearing be conducted by the City Council. During the 45-day period and up until the close of the public hearing, a property owner may protest the fee by submitting a written protest. If more than 50% of the property owners of record in the City protest the fee, the City Council would be prohibited from enacting the fee change.

Below is a tentative timeline of the steps necessary to complete the process:

Step Date
Adoption of Resolution to Set Public Hearing
and Direct Staff to Initiate the Proposition 218
Process
July 15, 2025
Community Outreach July 23, 2025 - October 7, 2025
Staff finalizes the Public Notice for printing and
mailing July 16, 2025 - July 23, 2025
Notice of Public Hearing - 45 Day Minimum
Notice August 7, 2025
Public Hearing October 7, 2025
Effective Date of Rates November 7, 2025

Staff recommends that the City Council adopt a resolution stating the City's intention to adopt the proposed Sanitary Sewer Service Fees for fiscal years 2025-26 through 2030-31 and sets a public hearing date of October 7, 2025, in conformance with Proposition 218 (Attachment 2) and a second resolution that establishes the procedures for establishing and increasing property-related fees and directs Staff to commence the 45-day protest process consistent with Proposition 218 (Attachment 3). A notice including procedures for submitting a written protest will be mailed to all property owners shown on the last equalized property tax assessment roll that receive sewer service from the City. The notice will include information about sewer services in the City and the reason for the proposed rate increase, as well as the current rates and proposed rates. Owners will be informed that if they wish to protest the proposed new rates, they must submit their written protest to the City Clerk in advance or on the night of the public hearing prior to the close of the hearing.

Fiscal Impact Summary:

The cost for postage for mailing out the public hearing notice for the proposed rate increase to 241

the City's sewer rates is estimated at $5,000. There are budgeted funds in the Fiscal Year 2025-26 Sewer Enterprise Fund budget to cover these costs. There is no impact to the General Fund.

Attachments
Attachment_1_-_Proposed_2025_Sewer_Rates.pdf
Attachment 2 - Public Hearing Resolution No 2025-40.pdf Attachment 3 - Ballot Procedures - Resolution No. 2025-41.pdf Attachment 4 - 2025 Sewer Fee Update Presentation.pdf
242

Proposed 2025 Sewer Cost Recovery Fee Rates Rate Class Current (FY 2025-26) FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-21 Single Family $0.81 $0.55 $0.55 $0.55 $0.55 $0.55 $0.55 Multi Family 2-4 Units $0.92 $0.89 $0.89 $0.89 $0.89 $0.89 $0.89 Multi Family 5-19 Units $0.92 $0.89 $0.89 $0.89 $0.89 $0.89 $0.89 Multi Family 20+ Units $0.92 $0.89 $0.89 $0.89 $0.89 $0.89 $0.89 Commerical/Industrial $1.08 $1.05 $1.05 $1.05 $1.05 $1.05 $1.05 Institutional $0.59 $0.58 $0.58 $0.58 $0.58 $0.58 $0.58 Government and Public $0.81 $0.55 $0.55 $0.55 $0.55 $0.55 $0.55 CIP Residential Fee $10.00 $12.00 $12.00 $12.00 $12.00 $14.00 CIP Multi Family 2-4 Units $20.00 $24.00 $24.00 $24.00 $24.00 $28.00 CIP Multi Family 5-20 Units $50.00 $60.00 $60.00 $60.00 $60.00 $70.00 CIP Multi Family 21+ Units $210.00 $252.00 $252.00 $252.00 $252.00 $294.00 CIP Non-Residential Fee $30.00 $30.00 $30.00 $30.00 $30.00 $30.00 243

Resolution R-2025-40 ATTACHMENT 2
Exhibit A
RESOLUTION NO. R-2025-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, DECLARING ITS INTENTION TO

ADOPT INCREASED SANITARY SEWER SYSTEM SERVICE
FEES, SETTING A PUBLIC HEARING FOR OCTOBER 7, 2025,

AND DIRECTING STAFF TO PROVIDE NOTICE PURSUANT
TO PROPOSITION 218

A. Recitals

(i). The City Council of the City of Placentia, California ("City") hereby finds, determines, declares, and resolves as follows:

Pursuant to Section 5473 of the California Health & Safety Code, the City Council has received a report of sewer charges for Fiscal Years 25-26 through, which Report will be placed on file in the Office of the City Clerk and available for public inspection prior to the protest hearing and is incorporated herein by reference; and,

(ii). On July 15, 2025, the City Council considered the proposed sewer rates and concluded that it is appropriate to adopt the rates it proposes for the next five fiscal years; and,

(iii). Article XIIID of the California Constitution imposes certain procedural and substantive requirements relating to assessments (as defined).

Proposition 218, article XIIID section 2(e) defines "fee" as any levy or charge imposed upon real property by an agency "as an incident of property ownership, including a user fee or charge for a property related service." Article XIIID section 2(h) defines "property-related service" as "a public service having direct relationship to property ownership.

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., above.

2. The City Council hereby declares its intention to conduct a Public Hearing concerning the proposed sewer rate increases for fiscal years 2025-2026 through 2030- 2031 in accordance with Section 6 of Article 13D of the California Constitution; and, notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, October 7, 2025 at 7:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 401 East Chapman Avenue, Placentia, California.

244

Resolution R-2025-40 ATTACHMENT 2
Exhibit A

3. The City Clerk is hereby instructed and authorized to give notice of a hearing on the proposed rates in the manner required by Health & Safety Code section 5473.1 and Government Code section 6066 and the Deputy Director of Public Works is hereby instructed and authorized to give notice of a protest hearing on the proposed rates as required by Article XIII D, section 6, subdivision (a) of the California Constitution in substantially the form presented to the City Council at its July 15, 2025 meeting with such hearing to be held at 7:00 p.m. in the City Council chambers on October 7, 2025.

4. At the Public Hearing, the City Council shall consider all objections or protests, if any, to the proposed rate increases, and any person shall be permitted to present written or oral testimony. Although oral comments at the Public Hearing will not qualify as a formal protest, the City Council welcomes community input during the Public Hearing.

5. At the conclusion of the Public Hearing, all protests submitted and not withdrawn will be tabulated in conformity with the City's tabulation guidelines.

6. A majority protest exists if protests are submitted in opposition to the proposed rate increases by a majority (50% plus 1) of the property owners and solid waste service customers. Although both property owners and solid waste service customers are permitted to submit protests, only one protest shall be counted for each parcel.

7. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

8. The City Council hereby directs staff to mail the notice of the public hearing regarding the levy of a user fee to be held on October 7, 2025 at 7:00 p.m. at the Council Chambers located at 401 East Chapman Avenue, Placentia, CA 92870.

9. If any section, subsection, sentence, clause, or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

APPROVED and ADOPTED this 15th day of July 2025

___________________________ Kevin Kirwin, Mayor

ATTEST:

___________________________
Robert S. McKinnell, City Clerk

245

Resolution R-2025-40 ATTACHMENT 2
Exhibit A

STATE OF CALIFORNIA

COUNTY OF ORANGE

I, Robert S. McKinnell, City Clerk of the City of Placentia do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 15th day of July 2025 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

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

__________________________________ Christian L. Bettenhausen, City Attorney 246

Resolution R-2025-41 ATTACHMENT 3
Exhibit A
RESOLUTION NO. R-2025-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, ADOPTING PROCEDURES FOR

ESTABLISHING AND INCREASING PROPERTY RELATED
FEES AND CHARGES UNDER PROPOSITION 218

A. Recitals

(i). The City Council of the City of Placentia, California ("City") hereby finds, determines, declares, and resolves as follows:

(ii). Proposition 218 was adopted on November 6, 1996, adding Articles XIIIC and XIIID to the California Constitution.

(iii.) Articles XIIIC and XIIID of the California Constitution requires the City to comply with the substantive and procedural requirements set forth in section 6 of Article XIIID of the California Constitution prior to imposing or increasing a fee or charge upon any parcel of property or upon any person as an incident of property ownership; and

(iv). Proposition 218 requires that the "record owner'' of the parcel upon which the fee or charge is proposed for imposition or increase be notified of the amount of the fee, the basis upon which the amount of the fee was calculated, the reason for the fee, and the date, time, and location of a public hearing on the fee; and

(v.) Proposition 218 does not clearly set forth the meaning of "record owner'' for purposes of the notice required by section 6 of Article XIIID; and Proposition 218 does not clearly set forth who is allowed to submit protests, the procedure for submitting protests, or how the protests are to be tabulated; and

(vi). The City Council wishes to set forth procedures for these two issues in this resolution which are intended to be consistent with both Proposition 218 and with the Proposition 218 Omnibus Implementation Act.

(vii). Proposition 218, article XIIID section 2(e) defines "fee" as any levy or charge imposed upon real property by an agency "as an incident of property ownership, including a user fee or charge for a property related service." Article XIIID section 2(h) defines "property-related service" as "a public service having direct relationship to property ownership.

B. Resolution

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

1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct. 247

Resolution R-2025-41 ATTACHMENT 3
Exhibit A

2. The following procedures shall be used when imposing or increasing a fee or charge subject to Article XIIID of the California Constitution when notice of a public hearing with respect to the adoption or increase of water, wastewater, or solid waste utility charges has been given by the City pursuant to Article XIIID, Section 6(a) of the California Constitution, the following shall apply:

3. Definitions. Unless the context plainly indicates another meaning was intended, the following definitions shall apply in construction of these guidelines:

(a). "Parcel" means a County Assessor's parcel the owner or occupant of which is subject to the proposed charge that is the subject of the hearing.

(b). "Record customer'' and "customer of record" mean (i) the person or persons whose name or names appear on the City's records as the person who has contracted for, or is obligated to pay for, utility services to a particular utility account or
(ii) another person who demonstrates to the reasonable satisfaction of the City Clerk that he, she, or it is a tenant of real property directly liable to pay the proposed fee.

(c). "Record owner'' or "parcel owner'' means the person or persons whose name or names appear on the County Assessor's latest equalized assessment roll as the owner of a parcel.

(d) A "fee protest proceeding" is not an election, but the City Clerk will maintain the confidentiality of protests as provided below and will maintain the security and integrity of protests at all times.

4. Protest Submittal:

(a) Any record owner or customer of record who is subject to the proposed utility charge that is the subject of the hearing may submit a written protest to the City Clerk, by:
• Delivery to the City Clerk's Office at Placentia City Hall, 401 East Chapman Avenue, Placentia, CA 92870 during published
business hours
• Mail to City Clerk, 401 East Chapman Avenue, Placentia, CA 92870 or
• Personally submitting the protest at the public hearing.

(b) Protests must be received by the end of the public hearing, including those mailed to the City. No postmarks will be accepted; therefore, any protest not actually received by the close of the hearing, whether or not mailed prior to the hearing, shall not be counted.

248

Resolution R-2025-41 ATTACHMENT 3
Exhibit A
(c) Emailed, faxed and photocopied protests shall not be counted.

(d) Although oral comments at the public hearing will not qualify as a formal protest unless accompanied by a written protest, the City Council welcomes input from the community during the public hearing on the proposed charges.

5. Protest Withdrawal. Any person who submits a protest may withdraw it by submitting to the City Clerk a written request that the protest be withdrawn. The withdrawal of a protest shall contain sufficient information to identify the affected parcel and the name of the record owner or customer of record who submitted both the protest and the request that it be withdrawn.

6. Multiple Record Owners or Customers of Record:

a. Each record owner or customer of record of a parcel served by the City may submit a protest. This includes instances where:
i. A parcel is owned by more than a single record owner or more than one name appears on the City's records as the customer of record for the parcel, or
ii. A customer of record is not the record owner, or
iii. A parcel includes more than one record customer, or iv. Multiple parcels are served via a single utility account, as master- metered multiple family residential units.

b. Only one protest will be counted per parcel as provided by Government Code Section 53755(b).

7. Transparency, Confidentiality, and Disclosure:

a. To ensure transparency and accountability in the fee protest tabulation while protecting the privacy rights of record owners and customers of record, protests will be maintained in confidence until tabulation begins following the public hearing.

b. Once a protest is opened during the tabulation, it becomes a disclosable public record, as required by state law.

8. City Clerk. The City Clerk shall not accept as valid any protest if he or she determines that any of the following is true:

a. The protest does not state its opposition to the proposed charges.

b. The protest does not name the record owner or record customer of the parcel identified in the protest as of the date of the public hearing.

249

Resolution R-2025-41 ATTACHMENT 3
Exhibit A
c. The protest does not identify a parcel served by the City that is subject to the proposed charge.

d. The protest does not bear an original signature of the named record owner of, or record customer with respect to, the parcel identified on the protest. Whether a signature is valid shall be entrusted to the reasonable judgment of the City Clerk, who may consult signatures on file with the County Elections Official.

e. The protest was altered in a way that raises a fair question as to whether the protest actually expresses the intent of a record owner or a customer of record to protest the charges.

f. The protest was not received by the City Clerk before the close of the public hearing on the proposed charges.

g. A request to withdraw the protest was received prior to the close of the public hearing on the proposed charges.

9. City Clerk's Decisions Final. The City Clerk's decision that a protest is not valid shall constitute a final action of the City and shall not be subject to any internal appeal.

10. Majority Protest:

a. A majority protest exists if written protests are timely submitted and not withdrawn by the record owners of, or customers of record with respect to, a majority (50% plus one) of the parcels subject to the proposed charge.

b. While the City may inform the public of the number of parcels served by the City when a notice of proposed rates is mailed, the number of parcels with active customer accounts served by the City on the date of the hearing shall control in determining whether a majority protest exists.

11. Tabulation of Protests. At the conclusion of the public hearing, the City Clerk shall tabulate all protests received, including those received during the public hearing, and shall report the results of the tabulation to the City Council. If the total number of protests received is insufficient to constitute a majority protest, the City Clerk may determine the absence of a majority protest without validating the protests received but may instead deem them all valid without further examination. Further, if the number of protests received is obviously substantially fewer than the number required to constitute a majority protest, the City Clerk may determine the absence of a majority protest without opening the envelopes in which protests are returned.
250

Resolution R-2025-41 ATTACHMENT 3
Exhibit A

12. Report of Tabulation. If at the conclusion of the public hearing, the City Clerk determines that he will require additional time to tabulate the protests, he shall so advise the City Council, which may adjourn the meeting to allow the tabulation to be completed on another day or days. If so, the City Council shall declare the time and place of tabulation, which shall be conducted in a place where interested members of the public may observe the tabulation, and the City Council shall declare the time at which the meeting shall be resumed to receive and act on the tabulation report of the City Clerk.

13. This resolution will become effective immediately upon adoption.

APPROVED and ADOPTED this 15th day of July 2025

___________________________ Kevin Kirwin, Mayor

ATTEST:

___________________________
Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

______________________________
Robert S. McKinnell, City Clerk

APPROVED AS TO FORM:

__________________________________
Christian L. Bettenhausen, City Attorney
251

2025 Sewer Fee Update
July 15, 2025
City of Placentia
1 252

Agenda

1.Review of the City’s Sewer System

2.Status of Sewer System and Fund

3.Overview of Proposed Update to City Sewer Service Rates 2 253

Overview of City’s Sewer System
•The City contains 84 miles of gravity sanitary sewer pipelines. •The City’s wastewater is treated by Orange County Sanitation District’s (OCSD) via 35 separate connections.
•Yorba Linda Water District (YWLD) owns and maintains 10 miles of sewer lines within the City’s borders.
3 254

Sewer Service Areas
4 255

Overview of City’s
Sanitary Sewer System (continued)
•Approximately 20 % of the City’s collection system was constructed prior to 1970.
•50% of the City’s collection system was constructed during the 1980’s and 1990’s with the remaining post year 2000
construction
•The City does not own or operate any sewer lift or pump stations.
5 256

City’s Current Sewer Fee Structure
•Established in 2005 via O-2005-04
(Chapter 5.24 of Municipal Code)
•Operation and Maintenance of City’s
Sewer System
•Variable fee based upon domestic
water consumption
•Fees were updated in 2021
User Category Current Sanitary
Sewer Fee per CCF
(100 cubic ft.)
Single-Family
Residential $0.81
Multi-Family
Residential $0.92
Commercial
/Industrial $1.08
Institutional $0.59
Government &
Public $0.81
6 257

Status of the Sewer Maintenace Funds
7 258

Status of the Sewer Construction Funds
8 259

9 Current Needs
•Two emergency repairs took place in FY 23-24
Cost $148,500
•One emergency repair is taking place in FY 24-25
Cost $170,000
•These locations were identified as needed for
rehabilitation in the 2018 SMP
260

10 Sewer Capital Improvement Program (7-Year)
No. Fiscal Year Project Description Location Project Cost 1 25-26 Old Town Sewer
Rehab Project
(Project B3)
Various in southwestern portion of City
(Center St, alleys, Angelina Dr, Chapman Ave, Kraemer
Memorial Park, Anned Dr, Bradford Ave, Wilson Ave, Orchid Dr, Primrose Ave, Sunset Dr, Placentia Ave, Harmony Ln, Twilight St, Alta St, Backs Ln, Molokai Ln, Lanai Ln, Kauai Ln ) $1,396,710
2 26-27, 27-28 Manhole Wall and
Bench Repairs
Citywide $410,884
3 27-28, 28-29 Project B1 –
Pipeline
Rehabilitation
Project
Various in southwestern portion of City
(Orangethorpe Ave, Ohio Ave, Missouri Ave, Kansas Ave,
Arnold Dr, Cypress Ave, La Jolla St, Vista Ave, Ortega Way, Melrose St, Boysenberry Ln, Crowther Ave, Temple St)
$673,968
4 27-28, 28-29 Project A6 –
Pipeline Capacity
Project
Tuffree Blvd $937,052
5 27-28, 28-29 A2 - Pipeline
Capacity Project
Bradford Ave, Orange Grove Ave, Walnut Ave, Santa
Barbara St, Placentia Ave
$6,837,228
261

11 Sewer Capital Improvement Program (7-Year)
No.Fiscal Year Project Description Location Project Cost 6 28-29, 29-30 Project B2 – Pipeline
Rehabilitation Project
Various in southwestern portion of City
(Primrose Ave, Diamond Rd, Orange Grove Ave,
Kraemer Blvd, Sunrise St, Stardust Dr, Moonbeam St,
Twilight St, Ruby Drive Elementary, Diane Ave, Vicky
Ln, Sheree Ln, Lawanda Pl, Aquamarine St, Jade Circle,
Emerald Way, Madison Ave, Bradford Ave, Carlson Ln,
Pageantry Dr, Fairway Ln)
$829,158
7 28-29, 29-30 Project A3 – Pipeline Capacity
Project
Twilight St, Sunrise Way, Sunrise St, Melody Ln,
Chapman Ave, Placentia Ave
$2,478,606
8 28-29, 29-30 Project A7 – Pipeline Capacity
Project
Bastanchury Rd $580,854
7 29-30, 30-31 Project A4 – Pipeline Capacity
Project
Orangethorpe Ave $1,232,652
8 30-31, 31-32 Project A5 – Pipeline Capacity
Project
Orangethorpe Ave, Melrose St, Silverlake Dr,
Glenlake Dr
$3,533,898
Total $18,911,010262

12 Map of CIP recommended
projects from 2018 SMP
263

2025 Sewer Rate Study
13 •Current Rate Structure not adequate to support needs Assumptions of Previous Study
•Aging Infrastructure and Capital Improvements
Deferred maintenance of $18M+
•Current fees approved through FY 25-26. There is an immediate need to update them this fiscal year.
•Proposing rate adjustments based on water consumption and a flat fee for CIP
264

Financial and Planning Assumptions
14 Assumption Description
CIP Fee Flat Rate for Residential and Non-Residential
Customers
Inflation Assumption for CIP 3%
Annual Increase in Water Usage 0%
First Rate Increase October 7, 2025
Base Fiscal Year FY 2025-26
Capital Improvement Plan FY 2025-26 – FY 31 -32
265

MFR Tiered System
15 Rate Class Current (FY
2025-26) FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-21 Single Family $0.81 $0.55 $0.55 $0.55 $0.55 $0.55 $0.55 Multi Family $0.92 $0.89 $0.89 $0.89 $0.89 $0.89 $0.89
Commerical/Industrial $1.08 $1.05 $1.05 $1.05 $1.05 $1.05 $1.05 Institutional $1.08 $0.58 $0.58 $0.58 $0.58 $0.58 $0.58 Government and Public $0.59 $0.55 $0.55 $0.55 $0.55 $0.55 $0.55 CIP Residential Fee $10.00 $12.00 $12.00 $12.00 $12.00 $14.00 CIP Multi Family (per unit)$10.00/unit $12.00/unit $12.00/unit $12.00/unit $12.00/unit $14.00/unit CIP Non-Residential Fee $30.00 $30.00 $30.00 $30.00 $30.00 $30.00 Example MFR Current (FY
2025-26) FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-21 CIP Multi-Family (5 units)$50.00 $60.00 $60.00 $60.00 $60.00 $70.00 CIP Multi-Family (10 units)$100.00 $120.00 $120.00 $120.00 $120.00 $140.00 266

Average Monthly Fee By Customer
16 Rate Class
Water
CCF FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 FY 29-30 FY 30-31 Single Family 16 $12.64 $18.72 $20.72 $20.72 $20.72 $20.72 $22.72 Multi Family (2-4
Units)152 $135.28 $155.28 $159.28 $159.28 $159.28 $159.28 $163.28 Multi Family (5-19
Units)152 $135.28 $185.28 $195.28 $195.28 $195.28 $195.28 $205.28 Multi Family (20+
Units)152 $135.28 $345.28 $387.28 $387.28 $387.28 $387.28 $429.28 Commercial 66 $69.30 $99.30 $99.30 $99.30 $99.30 $99.30 $99.30 Industrial 63 $66.15 $96.15 $96.15 $96.15 $96.15 $96.15 $96.15 Institutional 430 $249.40 $279.40 $279.40 $279.40 $279.40 $279.40 $279.40 Government and
Public 42 $33.18 $52.89 $52.89 $52.89 $52.89 $52.89 $52.89267

Average Monthly Increase by Customer
17 Rate Class
Water
CCF FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 FY 29-30 FY 30-31 Single Family 16 $ 6.08 $ 2.00 $ - $ - $ - $ 2.00 Multi Family (2-4
Units)152 $ 20.00 $ 4.00 $ - $ - $ - $ 4.00 Multi Family (5-19
Units)152 $ 50.00 $ 10.00 $ - $ - $ - $ 10.00 Multi Family (20+
Units)152 $ 210.00 $ 42.00 $ - $ - $ - $ 42.00 Commercial 66 $ 30.00 $ - $ - $ - $ - $ - Industrial 63 $ 30.00 $ - $ - $ - $ - $ - Institutional 430 $ 30.00 $ - $ - $ - $ - $ - Government and
Public 42 $ 19.71 $ - $ - $ - $ - $ - 268

Average Monthly Increase % by Customer
18 Rate Class
Water
CCF FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 FY 29-30 FY 30-31 Single Family 16 48%11%0%0%0%10%
Multi Family (2-4
Units)152 15%3%0%0%0%3%
Multi Family (5-19
Units)152 37%5%0%0%0%5%
Multi Family (20+
Units)152 155%12%0%0%0%11%
Commercial 66 43%0%0%0%0%0%
Industrial 63 45%0%0%0%0%0%
Institutional 430 12%0%0%0%0%0%
Government and
Public 42 59%0%0%0%0%0%269

Sewer Fund Revenue Projections
19 Item
Current
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 Single Family $922,957.38 $636,840.59 $636,840.59 $636,840.59 $636,840.59 $636,840.59 $636,840.59 Multi Family 2-4 Units $255,526.12 $255,526.12 $255,526.12 $255,526.12 $255,526.12 $255,526.12 $255,526.12 Multi Family 2-4 Units $56,232.58 $56,232.58 $56,232.58 $56,232.58 $56,232.58 $56,232.58 $56,232.58 Multi Family 5-19 Units $27,770.37 $27,770.37 $27,770.37 $27,770.37 $27,770.37 $27,770.37 $27,770.37 Multi Family 20+ Units $147,630.53 $147,630.53 $147,630.53 $147,630.53 $147,630.53 $147,630.53 $147,630.53 Commerical/Industrial $781,021.50 $781,021.50 $781,021.50 $781,021.50 $781,021.50 $781,021.50 $781,021.50 Institutional $67,790.40 $67,790.40 $67,790.40 $67,790.40 $67,790.40 $67,790.40 $67,790.40 Government and Public $894.54 $617.23 $617.23 $617.23 $617.23 $617.23 $617.23 CIP Residential Fee $1,680,720.00 $2,016,864.00 $2,016,864.00 $2,016,864.00 $2,016,864.00 $2,353,008.00 CIP Multi Family 2-4 Units $80,160.00 $96,192.00 $96,192.00 $96,192.00 $96,192.00 $112,224.00 CIP Multi Family 5-20 Units $600.00 $720.00 $720.00 $720.00 $720.00 $840.00 CIP Multi Family 21+ Units $2,520.00 $3,024.00 $3,024.00 $3,024.00 $3,024.00 $3,528.00 CIP Commercial Fee $671,760.00 $671,760.00 $671,760.00 $671,760.00 $671,760.00 $671,760.00 Total $2,259,823.43 $4,409,189.33 $4,761,989.33 $4,761,989.33 $4,761,989.33 $4,761,989.33 $5,114,789.33 270

Fund Balances
20 Fund Balances
Current
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 FY 2029-30 FY 2030-31 Projects $0.00 $1,039,050.00 $3,442,591.00 -$2,242,962.00 -$3,343,020.00 -$1,787,112.00 -$2,179,650.00 Yearly $0.00 $1,154,378.09 $2,267,803.61 $3,338,228.95 $4,363,504.09 $5,341,371.51 $6,269,460.84 Total $0.00 $2,193,428.09 $5,710,394.61 $1,095,266.95 $1,020,484.09 $3,554,259.51 $4,089,810.84 271

21 Rates of Surrounding Cities
User
Category
Anaheim Brea Fullerton Yorba Linda
(administered by
YWLD)
Single-
Family
Residential
$6.93/month $13.31/month - 5/8”, 3/4”,
1”, 1-1/2” meter
$28.41/ month - 2”, 3”
meter
$0.66 fixed fee/month
+
$1.90/month per 1,000 gal
($1.42/month per CCF)
$13.77/ month
Multi-Family
Residential
$6.93/month $8.34/month per unit $0.66-96.16 fixed fee/month (Based on water meter size)
+
$1.90/month per 1,000 gal
($1.42/month per CCF)
$13.25/month per unit
Commercial
/Industrial
$13.87 per water closet $29.65/month – 5/8”, 1”
meter
$106.01 - 1-1/2, 2” meter
$189.05 - $1884.93/month
– 3” & Larger Meter
$0.66-$96.16 fixed fee/month
(Varies by water meter size)
+
$1.58/month per 1,000 gal
($1.18/month per CCF)
$13.77/month
+
Tier 1 (0-7 ccfs): $0.00
Tier 2 (8+ ccfs): $0.53
Institutional N/A N/A N/A
Government
& Public N/A N/A
$0.66-$96.16 fixed fee/month
(Varies by water meter size)
+
$1.58/month per 1,000 gal
N/A
272

Next Steps
•Adoption of Resolution to Set Public Hearing and Direct Staff to Initiate the Proposition 218 Process •Community Outreach
•Notice of Public Hearing - 45 Day Minimum Notice
•Public Hearing for Sewer Fee Increase (October 7, 2025) •Potential Effective Rate Date (November 7, 2025)
22 273

Questions & Comments
23 274

Agenda Item No: 3.b

PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: July 15, 2025
Submitted by: Lydie Gutfeld
From: Community Services
Subject:

Event Fee Waiver Request Pertaining to the operation of the Placentia Community Chorus and their rehearsals at the Backs Community Center for Fiscal Year 25-26.

Financial Impact:

Fiscal Impact:

Facility Use Fees: $ 6,233
Damage Deposit: $ 180
Staff Cost revenue: $ (1,600)
Total Fiscal Impact: $ 6,413

Though this shows as a fiscal impact of $6,413.00, the recommended reservation dates and times are not high use and not likely to be requested for rental by the public. The expenditure for Staff is fully reimbursed.

Summary:

The Placentia Community Chorus has been operating rehearsals out of the Backs Community Center since being awarded a scholarship over twenty years ago. During budget review, Staff identified that the group was using the Backs Community Center without an MOU or facility rental agreement. In addition, it was identified that the group was not paying rental or Staff fees to use the building. A new facility rental permit has been created with true costs. The Placentia Community Chorus has requested a waiver of facility use fees and damage deposit fees totaling $8,013.00. They have agreed to pay the staff cost of $1,600.00. Total waiver of cost would be $6,413.00.

Recommendation:

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

1. Approve a facility rental/use agreement with the Placentia Community Chorus to host their rehearsals at the Backs Community Center located within Kraemer Memorial Park; and

2. Approve Staff recommendation to waive facility use/rental, damage deposit, and fees for the use of Backs Community Center and not Staff costs or the associated with the operation of the rental; and

3. Authorize the City Administrator and/or her designee to execute all necessary documents, in a form approved by the City Attorney.
275

Strategic Plan Statement:

This item is consistent with the City Council approved 5-Year Strategic Plan Goal 4: To increase community engagement by partnering with outside organizations and allowing them to have events at our community centers, which will enhance community participation.

Discussion:

The Placentia Community Chorus has requested continued use of the Backs Community Center for its 2025–2026 rehearsal season. This local, volunteer-led group has a longstanding presence in Placentia and contributes to the cultural vibrancy of the community by performing at community events and local assisted living facilities.

The Chorus has submitted its requested rehearsal dates and times for the upcoming season.

Rehearsals are scheduled on Thursdays from 7:00 p.m. to 9:00 p.m., starting in September 2025 and concluding in May 2026, for a total of 32 rehearsals on the following dates:

September 2025: 18, 25
October 2025: 2, 9, 16, 23, 30
November 2025: 6, 13, 20
December 2025: 4, 11, 18
January 2026: 8, 15, 22, 29
February 2026: 5, 12, 19, 26
March 2026: 5, 12, 19, 26
April 2026: 2, 9, 16, 23, 30
May 2026: 7, 14

The total estimated cost for the facility rental and staffing is approximately $8,013.00. Staff recommends that the City Council consider granting a one-time waiver of the facility rental and damage deposit fees ($6,413.00) and instead require the Chorus to pay only for the Staff costs associated with opening and closing the facility, which total $1,600.00.

The Placentia Community Chorus performs twice yearly at the Nixon Library and conducts multiple outreach concerts at local assisted living facilities each season (five in the fall and five in the spring). Their performances enhance the quality of life for Placentia’s senior population and foster civic pride through their volunteerism. In addition, the Chorus has contributed to community engagement by participating in the City’s Tree Lighting Ceremony and other civic events.

Supporting the Placentia Community Chorus aligns with the City’s goals of fostering the arts, promoting community-based programming, and offering intergenerational enrichment opportunities. Specific benefits include:

Enhancing community culture and visibility through free public performances.

Providing outreach and engagement to older adults in assisted living communities.

Supporting volunteerism and civic engagement.

Encouraging arts education and appreciation for residents of all ages.

To ensure long-term sustainability, City Staff have encouraged the Chorus to apply for grant scholarships through the Community Foundation and to obtain nonprofit status to strengthen their eligibility for future funding opportunities. These steps will better position the Chorus to continue operations without reliance on City subsidies. 276

Staff also recommends that this proposed waiver be considered a one-time exception for FY 2025–2026. Any future support should be reviewed annually and aligned with the City's overall financial strategy and community grant funding process.

Fiscal Impact Summary:

There is no fiscal impact on this item as the Placentia Community Chorus has agreed to pay Staff fees of $1,600.00. Though this shows as a fiscal impact of $6,413.00, the recommended reservation dates and times are not high use and not likely to be requested for rental by the public. The expenditure for staff is fully reimbursed.

Attachments
Placentia Comm Chorus Permit#R4260.pdf
request for waiver email from PCC.pdf
277

# R4260 Status Approved Page 1 of 5
1 resource(s)32 booking(s)Subtotal: $6,413.00
System User Randii Gallegos
Primary Phone Number (714) 994-9573
Email Address [email protected]
Agent Name Ben Berkley
Organization Phone 1
Number
(714) 994-9573
Organization Phone 2
Number
(714) 394-7144
Organization Name Placentia Community Chorus - 62
TypeCustomer Non-profit Non-resident
Organization Address 679 Brunswick Avenue
Placentia, CA 92870
Permit #R4260
Status Approved
Date Jul 7, 2025 1:33 PM

CITY OF PLACENTIA
401 East Chapman Ave
PLACENTIA, CA 92870
PHONE:(714) 993-8232
FAX:(714) 961-0283
EMAIL:[email protected]
Permit
Rental Fee $6,233.00
Discounts $0.00
Subtotal $6,233.00
Deposits $180.00
Deposit Discounts $0.00
Total Permit Fee $6,413.00
Total Payment $0.00
Refunds $0.00
Balance $6,413.00
Placentia Community Chorus
Booking Summary
Backs Community Building Main Room (Meeting)Center: Kraemer Memorial Park

START DATE/TIME END DATE/TIME ATTENDEE AMT W/O TAX
Thu, Sep 18, 2025 7:00 PM Thu, Sep 18, 2025 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Sep 25, 2025 7:00 PM Thu, Sep 25, 2025 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Oct 2, 2025 7:00 PM Thu, Oct 2, 2025 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Oct 16, 2025 7:00 PM Thu, Oct 16, 2025 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Oct 23, 2025 7:00 PM Thu, Oct 23, 2025 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Oct 30, 2025 7:00 PM Thu, Oct 30, 2025 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Nov 6, 2025 7:00 PM Thu, Nov 6, 2025 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Nov 13, 2025 7:00 PM Thu, Nov 13, 2025 9:00 PM 1 $194.00 278

# R4260 Status Approved Page 2 of 5
Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Nov 20, 2025 7:00 PM Thu, Nov 20, 2025 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Dec 18, 2025 7:00 PM Thu, Dec 18, 2025 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Jan 8, 2026 7:00 PM Thu, Jan 8, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Jan 15, 2026 7:00 PM Thu, Jan 15, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Jan 22, 2026 7:00 PM Thu, Jan 22, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Jan 29, 2026 7:00 PM Thu, Jan 29, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Feb 5, 2026 7:00 PM Thu, Feb 5, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Feb 12, 2026 7:00 PM Thu, Feb 12, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Feb 19, 2026 7:00 PM Thu, Feb 19, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Feb 26, 2026 7:00 PM Thu, Feb 26, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Mar 5, 2026 7:00 PM Thu, Mar 5, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Mar 12, 2026 7:00 PM Thu, Mar 12, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Mar 19, 2026 7:00 PM Thu, Mar 19, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Mar 26, 2026 7:00 PM Thu, Mar 26, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Apr 2, 2026 7:00 PM Thu, Apr 2, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Apr 9, 2026 7:00 PM Thu, Apr 9, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Apr 16, 2026 7:00 PM Thu, Apr 16, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Apr 23, 2026 7:00 PM Thu, Apr 23, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Apr 30, 2026 7:00 PM Thu, Apr 30, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, May 7, 2026 7:00 PM Thu, May 7, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 279

# R4260 Status Approved Page 3 of 5
Mon, Jun 8, 2026 7:00 PM Mon, Jun 8, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Tue, Jun 9, 2026 7:00 PM Tue, Jun 9, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Wed, Jun 10, 2026 7:00 PM Wed, Jun 10, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Thu, Jun 11, 2026 7:00 PM Thu, Jun 11, 2026 9:00 PM 1 $194.00 Backs/Whitten Main Weekday Non-Resident Non-Profit $97.00 / Hour x 2 $194.00 Resource level fees $205.00
Damage Deposit $180.00 / Each x 1 $180.00
Permit Processing Fee Non-refundable $25.00 / Each x 1 $25.00 Custom Questions

QUESTION ANSWER
Do you have any special needs or medical concerns/limitations that we need to be aware of?
No
How did you hear about us?Previous Customer
Will you be having Amplified Sound?No
Will you be needing the use of the kitchen?No
Disclaimers

DESCRIPTION TEXT
Facility Rules & Regulations I have received a copy of the City of Placentia's Facility Rules & Regulations and agree to abide by them. Please initial below.
________
Waivers and Information

WAIVER NAME DUE DATE FOR SIGNING STATUS
Facility Waiver
Attachment
Sep 18, 2025 Ben Berkley Waiver Signed by: Ben
Berkley on Jul 7, 2025
280

# R4260 Status Approved Page 4 of 5
Current Balance: $6,413.00Original Balance: $6,413.00Payment Schedules

CITY OF PLACENTIA FACILITY RENTAL WAIVER
AND

RELEASE OF LIABILITY
I, _________________, (Full legal name)(“Applicant”) desire to rent__________ facility (“Facility”) on__________ (Date). I understand that any false statements are grounds for denial or revocation of this Application.

In consideration for rental of the Facility, I agree as follows:

1. The City of Placentia (the "City") reserves the right to cancel this Agreement at any time. In the event of an EMERGENCY OR AFTER OFFICE HOURS, please call 714-993-8111.

2. I specifically accept responsibility for any damage to the Facility, furniture or equipment caused by the occupancy and/or use of said premises.

I further acknowledge and understand that the City is not responsible for lost or stolen property.

3. I agree to obey all policies, procedures and all other applicable laws that pertain to the rental of the Facility provided by the Community Services Department and/or by City staff and volunteers during my use of the Facility.

4. I agree to follow the current State and County health guidelines for events and gatherings and will be solely responsible to ensure the safety and health of event participants. Guidance is meant to supplement, not replace any State and County safety laws, rules and/or regulations. I acknowledge that these orders and guidelines may change at any time with no prior notice. Changes in any orders may result in additional requirements to permittees and issued permits. If the State determines that the County must return to a more restrictive tier, the City reserves the right to cancel facility rentals in public areas to protect the health and well-being of the community.

5. I, on my own behalf and/or on behalf of the named organization, hereby, voluntarily release, discharge, waive and relinquish any and all actions or causes of action for personal injury, property damage or wrongful death that occurs as a result of my and/or said organization's use of the Facility.

6. I and/or said organization agree to defend, indemnify and hold harmless, the City and/or its officers, officials, agents, employees and volunteers from and against any claims, cause of actions, loss, liability or wrongful death arising out of the use of the Facility.

7. I am solely responsible for implementing any cleaning measures required or suggested to ensure the Facility is safe for use prior to any of my volunteers, agents, personnel or invitees entering the Facility and agree to adequately clean the Facility after any such use.

8. I understand and agree that there are dangers, inherent and otherwise, in accessing and/or utilizing the Facility during the COVID-19 pandemic, and that by entering and/or utilizing the Facility, anyone who uses the Facility may be exposed to COVID-19, which may cause myself and/or anyone that attends an event that I hold at the Facility to acquire and/or transmit the virus to others. I acknowledge that accessing and/or utilizing the Facility is voluntary and agree to assume the full risk of any injuries, illnesses, viruses, communicable diseases, damages, and/or losses of any kind, regardless of severity and including death that may occur in connection with accessing and/or utilizing the Facility.

9. I, intending to be legally bound for myself and my heirs, personal representatives, next of kin, and anyone who might make a claim on my behalf, hereby waive, release, and discharge the Community Services Department, the City, and their elected officials, officers, agents, employees, and volunteers from any and all claims for damages and/or liability, whether caused by any active or passive negligent act or omission of the Community Services Department or the City, or their elected officials, officers, agents, employees, and/or volunteers, or otherwise related to my use of the Facility and promise not to sue the Community Services Department, the City, or their elected officials, officers, agents, employees, and/or volunteers for any damages I incur in connection with the rental of the Facility. This release and waiver extends to all claims of every kind or nature whatsoever, foreseen or unforeseen, known or unknown.

10. I acknowledge and agree that this Agreement is binding upon my heirs, assigns and legal representatives. I agree that this Agreement is intended to be as broad and inclusive as is permitted by California law. I further agree that this Agreement is severable and that if any clause is found invalid, the balance of the Agreement will remain in effect, valid, and enforceable.

I HAVE READ THIS AGREEMENT AND WAIVER AND RELEASE OF LIABILITY, KNOW, UNDERSTAND AND AGREE TO BE BOUND BY ITS CONTENTS, AND SIGN IT OF MY OWN FREE WILL.

Applicant’s Full Legal Name:________ ______
Signature:__ _______________Date:___ ___
Signature
Deposit

EVENT RESOURCE DEPOSIT FEE CHARGE TAX AMOUNT PAID REFUNDS BALANCE Placentia
Community
Chorus
Backs
Community
Building
Main Room
Damage
Deposit
$180.00 $0.00 $0.00 $0.00 $180.00
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# R4260 Status Approved Page 5 of 5
X:

Date:

Placentia Community Chorus
Customer Type: Non-profit Non-resident
Customer ID: 23235
Mailing Address: 679 Brunswick Avenue, Placentia, CA
92870
Organization Phone 1 Number: (714) 994-9573
Organization Phone 2 Number: (714) 394-7144
Authorized Agent Name: Ben Berkley
Primary Phone Number: (714) 994-9573
Email Address: [email protected]
X:

Date:

CITY OF PLACENTIA
Mailing Address: 401 East Chapman Ave, PLACENTIA, CA
92870
Phone Number: (714) 993-8232
Fax Number: (714) 961-0283
Email Address: [email protected]

DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE Sep 4, 2025 $6,413.00 $0.00 $0.00 $6,413.00
282

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Page 1 of 2 ends

ATTACHMENT 3

AMENDMENT NO. 16 TO

AMENDED, REVISED AND RESTATED AGREEMENT FOR SOLID WASTE

SERVICES BETWEEN

THE CITY OF PLACENTIA AND

REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC

A. Recitals.

(i) Effective July 20, 2010, City and Contractor entered into the “Amended, Revised and Restated Agreement” (the “Agreement”).

(ii) The Agreement has been revised thirteen times previously, the most recent revision being the Amendment No. 15, which became effective July 1, 2024.

(iv.) All legal prerequisites to the making of this Amendment have occurred.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties Agree as follows:

B. Agreement Amendment

1. Recitals Incorporated. In all respects as set forth in the Recitals, Part A., above, the Recitals are incorporated into the Agreement.

4. Terms Remain in Effect. Except as specifically modified herein, all of the remaining terms, conditions and provisions of the Agreement shall remain in full force and effect. 216284

Page 2 of 2 ends

ATTACHMENT 3

IN WITNESS WHEREOF, the Parties have caused Amendment No. 16 to the Agreement are to be executed as of the day and year first above written.

CONTRACTOR: CITY OF PLACENTIA

By: ______________________________
Peter Besada, General Manager

By: _________________________________
Jennifer Lampman, City Administrator

ATTEST:

By: _________________________________
Robert S. McKinnell, City Clerk

APPROVED AS TO FORM:

By: _________________________________
Christian L. Bettenhausen, City Attorney

217285

Page 1 of 2 ends

AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT
PROVISION OF MAINTENANCE SERVICES WITH TEAM ONE MANAGEMENT INC.

A. Recitals.

(ii) The Parties now seek to amend the Agreement to add additional services to the scope of work of porter services and janitorial services for the Civic Center under the Public works Department.

(iii) All legal prerequisites to the making of this Amendment have occurred.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

B. Amendment to Agreement.

1. Section 2, Paragraph 1 of the Agreement is hereby amended to read as follows:

2.1. Contract Sum. Consultant’s total compensation shall not exceed One Hundred Thirty-Seven Thousand, Five Hundred Sixty-Two Dollars and Seventy Cents ($137,562.70).

2. Section 4.1, Paragraph 1 of the Agreement is hereby amended to read as follows:

3. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.

163286

Page 2 of 2 ends

IN WITNESS WHEREOF, the Parties have caused Amendment No. 3 to the Consulting Services Agreement are to be executed as of the day and year first above written.

CONSULTANT CITY OF PLACENTIA

By: ______________________________
Mike Akhavan
President

By: _____________________________
Jennifer Lampman
City Administrator

ATTEST:
_____________________________
Robert S. McKinnell
City Clerk

APPROVED AS TO FORM:

By:_____________________________
Christian L. Bettenhausen
City Attorney

164287

Placentia City CouncilJuly 15, 2025

Placentia City Council
July 15, 2025