Robert S. McKinnell
City Clerk
Kevin A. Larson
City Treasurer
Jennifer Lampman
City Administrator
Placentia City Council
Placentia City Council as Successor to the
Placentia Redevelopment Agency
Placentia Industrial Commercial
Development Authority
Placentia Public Financing Authority
AGENDA
May 5, 2026
Council Chambers - 401 E Chapman Ave.
Placentia, CA 92870 AND Teleconference
Location -150 Midway Dr. Sebring, FL 33870
CHAD P. WANKE
Mayor
District 4
JEREMY B. YAMAGUCHI
Mayor Pro Tem
District 3
THOMAS HUMMER
Councilmember
District 1
KEVIN KIRWIN
Councilmember
District 2
WARD L. SMITH
Christian L. Bettenhausen Phone: (714) 993-8117 Councilmember City Attorney District 5
Email: [email protected]
www.placentia.org
Mission Statement
The City Council is committed to keeping Placentia a pleasant place by providing a safe family atmosphere, superior public services and policies that promote the highest standards of community life.
Vision Statement
The City of Placentia is dedicated to fostering transparency, integrity, and responsiveness through innovative and ethical leadership, ensuring the delivery of high-quality services in a fair and equitable manner. We also strive for financial sustainability, supporting safe, welcoming neighborhoods, well -kept streets, parks, and public spaces while maintaining the small-town charm that defines our community.
Aaenda Materials
Copies of all agenda materials are available online at www.placentia.org and at the City Clerk's Office. For questions regarding any agenda item, please contact the City Clerk's Office at (714) 993-8231 or email [email protected]. In compliance with California Government Code § 54957.5, any materials submitted to the majority of the Council/ Board Members after distribution of this agenda that are non-exempt public records will be made available for public inspection at the City Clerk's Office during normal business hours.
How to View the Meeting
The public can observe the meeting via livestream on the City's website at www.placentia.org/pctv , live on cable television on AT&T Universe (Channel 99), Spectrum (Channel 3), or in person in the Council Chamber.
Procedures for Addressing the Council/Board Members
Public comments are received during the Oral Communications section of the agenda. No action may be taken on off -agenda items unless authorized by law. Public comments for Public Hearings will only be taken at the time of the hearing. It is requested to state your name for the record, then proceed to address the Council/Board. All speakers shall observe civility, decorum, and good behavior.
Members of the public may address the Council/Board on any agenda item before or during Council/Board's consideration of the item, and on any other matters within the Council/Board's jurisdiction by using any of the following methods:
1) In -Person: Complete a "Speaker Request Form" indicating the agenda item or subject matter you wish to address and submit it to the City Clerk before the item is called. 2) Written Public Comments: Submit written comments electronically for the Council/Board consideration by emailing [email protected], by 3:00 p.m. the day of the meeting to ensure distribution.
Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special accommodations contact the City Clerk's Office at (714) 993-8231. Notification at least 48 hours in advance of the meeting will enable the City to make arrangements to assure accessibility. (28 CFR 35.102.35.104 ADA Title II)
Study Sessions are open to the public and held in the City Council Chambers or City Hall Community Room. Closed Sessions are held in the Council Caucus Room. While the public may be in attendance during oral announcements preceding Closed Sessions, Closed Sessions are not open to the public.
1 PLACENTIA CITY COUNCIL REGULAR
MEETING AGENDA - CLOSED SESSION
MAY 5, 2026 - 5:00 p.m.
City Council Chambers
401 E. Chapman Avenue, Placentia, CA
AND
Teleconference Location
150 Midway Dr, Sebring, FL 33870
CALL TO ORDER
ROLL CALL
Council Member/ Board Member Hummer
Council Member/ Board Member Kirwin
Council Member/ Board Member Smith
Mayor Pro Tem/ Board Vice Chair Yamaguchi
Mayor/ Board Chair Wanke
ORAL COMMUNICATIONS
At this time the public may address the City Council and Boards of Directors concerning any items on the Closed Session Agenda only. There is a five (5) minute time limit for each individual addressing the City Council and Boards of Directors. The City Council and Boards of Directors will recess to the City Council Caucus Room for the purpose of conducting their Closed Session proceedings.
CLOSED SESSION PROCEEDINGS
The City Council and Boards of Directors will recess to the City Council Caucus Room for the purpose of conducting their Closed Session proceedings.
1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section § 54957.6
Aaencv Desianated Representatives: Jennifer Lampman, City Administrator; Alice Burnett, Director of Human Resources
Employee Oraanization: Placentia City Employees Association (PCEA)
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section § 54956.9(d)(1): 1 case Adam Gloe v. City of Placentia — Claim No. 23-172351; 25-185013 RECESS - The City Council/ Boards of Directors will recess to their 6:00 p.m. Regular Meeting. 2 PLACENTIA CITY COUNCIL
REGULAR MEETING AGENDA
MAY 5, 2026 - 6:00 p.m.
City Council Chambers
401 E. Chapman Avenue, Placentia, CA
AND
Teleconference Location
150 Midway Dr, Sebring, FL 33870
CALL TO ORDER
ROLL CALL
Council Member/ Board Member Hummer
Council Member/ Board Member Kirwin
Council Member/ Board Member Smith
Mayor Pro Tem/ Board Vice Chair Yamaguchi
Mayor/ Board Chair Wanke
INVOCATION - Chaplain Charles Frost
PLEDGE OF ALLEGIANCE - Police Chief Brad Butts
PRESENTATIONS - None
CLOSED SESSION REPORT
CITY ADMINISTRATOR REPORT
ORAL COMMUNICATIONS
At this time the public may address the City Council and Boards of Directors concerning any agenda item, which is not a public hearing item, or on matters within the jurisdiction of the City Council and Boards of Directors. There is a five (5) minute time limit for each individual addressing the City Council and Boards of Directors.
CITY COUNCIL MEMBER COMMENTS
1. CONSENT CALENDAR
All items on the Consent Calendar are considered routine and are enacted by one motion approving the recommended action listed on the Agenda. Any Member of the City Council and Boards of Directors or City Administrator may request an item be removed from the Consent Calendar for discussion. All items removed shall be considered immediately following action on the remaining items.
1.a CONSIDERATION TO WAIVE READING IN FULL OF ALL ORDINANCES AND
RESOLUTIONS
Recommended Action: It is recommended that the City Council:
Approve.
1.b APPROVAL OF MINUTES
3 Recommended Action: It is recommended that the City Council:
Approve minutes of the City Council/Successor Agency/ICDA/PPFA Regular Meeting on April 21, 2026.
1.c REGISTERS FOR MAY 5, 2026
Fiscal Impact:
Check Registers $ 789,303.36
Electronic Disbursement Registers $ 1,865,738.02
Recommended Action: It is recommended that the City Council:
Receive and file.
1.d SECOND READING AND ADOPTION OF ORDINANCE NO. 0-2026-04, AN
ORDINANCE OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING PLACENTIA MUNICIPAL CODE CHAPTER 6.45 RELATED TO SHORT-TERM
RENTALS
Fiscal Impact:
Potential for approximately $235,000 in revenue annually from Transient Occupancy Tax, based on FY 24-25 actuals.
Recommended Action: It is recommended that the City Council:
1. Find that Ordinance No. 0-2026-04, is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA; and
2. Waive full reading, by title only, and adopt Ordinance No. 0-2026-04, an Ordinance of the City of Placentia, California, amending Chapter 6.45 (Short - Term Residential Rentals) of the City of Placentia Municipal Code.
1.e SECOND READING AND ADOPTION OF ORDINANCE NO. 0-2026-05, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING TITLE 5 OF THE PLACENTIA MUNICIPAL CODE (SCHEDULE OF FEES) TO ADD SECTION 5.02.105 "GENERAL GOVERNMENT FACILITIES FEES" ESTABLISHING A CITY FACILITIES IMPACT FEES AS PART
OF THE CITY'S DEVELOPMENT IMPACT FEE PROGRAM, AND ADOPTING
NECESSARY FINDINGS FOR THE ESTABLISHMENT OF THE CITY FACILITIES IMPACT FEES; AND, SECOND READING AND ADOPTION OF ORDINANCE NO. 0-2026-08, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING TITLE 5 OF THE PLACENTIA MUNICIPAL CODE (SCHEDULE OF FEES) BY AMENDING CHAPTERS 5.01 (FEES SET BY RESOLUTION), 5.03 (TRANSIT ORIENTED DEVELOPMENT (TOD) DEVELOPMENT IMPACT FEES), 5.12 (FIRE DEPARTMENT) AND 5.24 (PUBLIC WORKS DEPARTMENT) AS PART OF THE CITY'S DEVELOPMENT
IMPACT FEE PROGRAM
Fiscal Impact:
The adoption of revised Development Impact Fees and Residential Affordable Housing Impact Fees will not have an immediate impact on revenues to the City as 4 they are effective 60 days subsequent to adoption. These Development Impact Fees are established for cost recovery or statutory purposes only.
Recommended Action: It is recommended that the City Council:
1. Find that the recommended actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA; and
2. Waive full reading, by title only, and adopt Ordinance No. 0-2026-05, an Ordinance of the City Council of the City of Placentia, California, amending Title 5 of the Placentia Municipal Code (schedule of fees) to add Section 5.02.105 "General Government Facilities Fees" establishing a City Facilities Impact Fees as part of the City's Development Impact Fee Program, and adopting necessary findings for the Establishment of the City Facilities Impact Fees; and,
3. Waive full reading, by title only, and adopt Ordinance No. 0-2026-08, an Ordinance of the City Council of the City of Placentia, California, amending Title 5 of the Placentia Municipal Code (Schedule Of Fees) by amending Chapters
5.01 (Fees Set by Resolution), 5.03 (Transit Oriented Development (TOD) Development Impact Fees), 5.12 (Fire Department) and 5.24 (Public Works Department) as part of the City's Development Impact Fee Program.
1.f SECOND READING AND ADOPTION OF ORDINANCE NO. 0-2026-06, AN
ORDINANCE OF THE CITY OF PLACENTIA, CALIFORNIA, ADDING TO PLACENTIA MUNICIPAL CODE CHAPTER 10.74 (FIREWORKS) TO TITLE 10 (PEACE, MORALS, AND SAFETY)
Fiscal Impact:
None.
Recommended Action: It is recommended that the City Council:
Waive full reading, by title only, and adopt Ordinance No. 0-2026-06, an Ordinance of the City Council of the City of Placentia, California, adding Chapter 10.74 (Fireworks) to Title 10 (Peace, Morals, and Safety) of the Placentia Municipal Code.
1.g APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE YORBA
LINDA WATER DISTRICT
Fiscal Impact:
None.
Recommended Action: It is recommended that the City Council:
1. Approve the Memorandum of Understanding between Yorba Linda Water District and City of Placentia; and
2. Authorize the City Administrator to execute all necessary documents, in a form approved by the City Attorney.
1.h AWARD OF CONTRACT TO HOUSTON AND HARRIS INC. FOR SEWER
MAINTENANCE SERVICES
Fiscal Impact:
EXPENSE: $384,236.20 TOTAL COST FOR SERVICES (402-80600-6001) 5 Recommended Action: It is recommended that the City Council:
1. Approve a Professional Services Agreement with Houston and Harris PCS, Inc. for sewer maintenance services in an amount not -to -exceed $384,236.20 per year for an initial three (3) year contract term with the option to extend for one (1) additional two-year term; and
2. Authorize the City Administrator and/or her designee to execute all necessary documents, in a form approved by the City Attorney; and
3. Authorize the City Administrator to approve contract amendments up to 10% of the initial three-year contract amount, or $115,270.86; and
4. Authorize the City Administrator to approve the eligible contract term extension based upon contractor performance and at the discretion of the City.
2. PUBLIC HEARINGS
2.a PUBLIC HEARING REGARDING THE ANNEXATION OF TERRITORY TO EXISTING COMMUNITY FACILITIES DISTRICT NO. 2024-1 (OLD TOWN MAINTENANCE SERVICES) AND AUTHORIZE SPECIAL TAX ANNEXATION NO. 2 Fiscal Impact:
Annual Revenue: $3,123.98
Recommended Action: It is recommended that the City Council:
1. Open the Public Hearing concerning the annexation of certain properties; and
2. Receive the Staff Report, consider all public testimony, ask questions of Staff; and
3. Conduct election for annexation of certain properties to Community Facilities District No. 2024-1 (Old Town Maintenance Services); and
4. Close the Public Hearing; and
5. Adopt Resolution No. R-2026-24, a Resolution of the City Council of the City of Placentia, California, Ordering the Annexation of Territory to its Community Facilities District No. 2024-01 (Old Town Maintenance Services) and Approving the Amended Map for said District (Annexation No. 2); and
6. Authorize Inclusion of the Annexed Territory for Community Facilities District No. 2024-01 (Old Town Maintenance Services) for Fiscal Year 2026-27 on the Orange County Secured Property Tax Roll.
3. REGULAR AGENDA
3.a PROPOSED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, ADDING CHAPTER 13.77 (ELECTRIC BICYCLES AND ELECTRIC MOBILITY DEVICES) TO TITLE 13 (VEHICLES AND TRAFFIC) OF THE
PLACENTIA MUNICIPAL CODE
Fiscal Impact:
None.
Recommended Action: It is recommended that the City Council:
Waive full reading, by title only, and introduce for first reading Ordinance No. 0- 2026-07, an Ordinance of the City Council of the City of Placentia, California, adding 6 Chapter 13.77 (Electric Bicycles and Electric Mobility Devices) to Title 13 (Vehicles and Traffic) of the Placentia Municipal Code.
CITY COUNCIL MEMBERS REQUESTS
Council Members may make requests or ask questions of Staff. If a Council Member would like to have formal action taken on a requested matter, it will be placed on a future Council or Board Agenda.
ADJOURNMENT
The City Council/Successor Agency/ICDA/PPFA Board of Directors will adjourn to the next regular City Council meeting on Tuesday, May 19, 2026.
CERTIFICATION OF POSTING
I, Brooke Lovell, Deputy City Clerk for the City of Placentia and Assistant Secretary of the Industrial Commercial Development Authority, the Successor Agency, and the Placentia Financing Authority hereby certify that the Agenda for the May 5, 2026, meetings of the City Council, Successor Agency, and Industrial Commercial Development Authority, and the Placentia Public Financing Authority was posted on April 30, 2026. /s/ Brooke Lovell
Deputy City Clerk
7 3;itEgA.A
Agenda Item No: 1.b
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: May 5, 2026
Submitted by: Brooke Lovell
From: City Clerk
Subject:
APPROVAL OF MINUTES
Recommended Action:
It is recommended that the City Council:
Approve minutes of the City Council/Successor Agency/ICDA/PPFA Regular Meeting on April 21, 2026.
Attachments
04.21.2026 CC MINUTES.pdf
8 Placentia City Council Regular Meeting
Placentia City Council acting as Successor Agency to the Placentia Redevelopment Agency, Placentia Industrial Commercial Development Authority, Placentia Public Financing Authority
MINUTES
April 21, 2026
City Council Chambers - 401 E. Chapman Avenue, Placentia, CA MINUTES OF THE PLACENTIA CITY COUNCIL CLOSED SESSION MEETING — 5:00 P.M.
CALL TO ORDER - Mayor Pro Tem Yamaguchi called the meeting to order at 5:00 p.m.
ROLL CALL - PRESENT: Council Member/Board Member Hummer, Kirwin, Smith, Yamaguchi ABSENT: Wanke (Excused)
ORAL COMMUNICATIONS - None
CLOSED SESSION PROCEEDINGS
City Clerk McKinnell announced the City Council/ Boards of Directors recessed to the City Council Caucus Room for the purpose of conducting their Closed Session proceedings on the following:
1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(2): 1 Case
2. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section § 54957.6
Agency Designated Representatives:
Employee Organization:
Jennifer Lampman, City Administrator
Alice Burnett, Director of Human Resources
Placentia City Employees Association (PCEA)
RECESS - The City Council and Boards of Directors recessed until their 6:00 p.m. Regular Meeting.
MINUTES OF THE PLACENTIA CITY COUNCIL REGULAR MEETING - 6:00 P.M.
CALL TO ORDER - Mayor Pro Tem Yamaguchi called the meeting to order at 6:00 p.m.
ROLL CALL - PRESENT: Council Member/Board Member Hummer, Kirwin, Smith, Yamaguchi ABSENT: Wanke (Excused)
STAFF PRESENT
City Attorney/Authority Counsel Christian Bettenhausen; City Administrator Jennifer Lampman; Deputy City Administrator Rosanna Ramirez; Police Chief Brad Butts; Fire ChiefJason Dobine; Director of Development Services Joe Lambert; Director of Public Works Chris Tanio; Director of Human Resources Alice Burnett; Director of Finance Jerry Griggs; Director of Community Services Lydie Gutfeld; Deputy Director of Administrative Services Jeannette Ortega; City Clerk Robert McKinnell; Deputy City Clerk Brooke Lovell INVOCATION - Chaplain Ken Milhander
Placentia City Council/Successor Agency/ICDA/PPFA Minutes April 21, 2026 Page 1 of 10 9
PLEDGE OF ALLEGIANCE - Fire Chief Jason Dobine
PRESENTATIONS
A. PRESENTATION OF THE ORANGE COUNTY 2026 GUN BUYBACK PROGRAM Presenter: Doug Chaffee, Orange County Fourth District Supervisor Supervisor Chaffee provided a verbal update on the 2026 Gun Buyback Program and commended the Placentia Police Department and Sergeant John Martinez for their leadership in an initiative that successfully collected 1,055 firearms, among them 76 rapid-fire assault weapons.
B. ACKNOWLEDGEMENT OF CENTENNIAL SPONSOR: DOUG CHAFFEE, ORANGE COUNTY FOURTH
DISTRICT SUPERVISOR
Presenters: Mayor Pro Tem Yamaguchi and City Council
Recipient: Doug Chaffee, Orange County Fourth District Supervisor Mayor Pro Tem Yamaguchi presented Supervisor Chaffee with a certificate of recognition for his sponsorship of the City's Centennial celebrations.
C. RECOGNITION OF 2026 CITIZENS' ACADEMY GRADUATES
Presenters: Mayor Pro Tem Yamaguchi and City Council
Recipients: 2026 Citizens' Academy Graduates
Mayor Pro Tem Yamaguchi and Communications and Marketing Manager Nicolette Drulias presented plaques to each of the 2026 Citizens' Academy graduates.
D. RECOGNITION OF EL DORADO HIGH SCHOOL GIRLS BASKETBALL TEAM AS THE 2026 CIF
CHAMPIONS
Presenters: Mayor Pro Tem Yamaguchi and City Council
Recipients: El Dorado High School Girls Basketball Team Mayor Pro Tem Yamaguchi and City Council presented certificates of recognition to the El Dorado High School Girls Basketball Team's coaches and players.
CLOSED SESSION REPORT
City Attorney/Authority Counsel Bettenhausen stated the City Council took no reportable action.
CITY ADMINISTRATOR REPORT- None
ORAL COMMUNICATIONS
Luis Ochoa requested the City evaluate the installation of sidewalks on Wilson Avenue to improve accessibility for residents.
John Abraham expressed concerns regarding code enforcement actions at his property, including the service of an inspection warrant and subsequent abatement requirements.
Jeff Buchanan requested the City Council pull Item 1.g, from the Consent Calendar and raised concerns regarding meeting start times, parking availability, and potential conflicts of interest related to the 777 West Orangethorpe Avenue development.
Lance Laborde requested the City review traffic signal timing at the intersection of Placentia Avenue and La Jolla Street due to longstanding operational concerns.
Craig Green requested the City Council meetings return to a 7 p.m. start time and requested Item 1.g, be pulled from the Consent Calendar, expressing concerns about the proposed development at 777 West Orangethorpe Avenue and its potential impact on parking and City revenues.
Placentia City Council/Successor Agency/ICDA/PPFA Minutes April 21, 2026 Page 2 of 10 10
Michael Mavrovouniotis submitted written communication opposing Item 1.h, regardingthe agreement with Orange County Animal Care.
Alex Brown submitted written communication opposing Item 1.h, regarding the agreement with Orange County Animal Care.
Jim Dower expressed support for the proposed short-term rental regulations and thanked the City Council and Staff for their work on the item.
CITY COUNCIL/BOARD MEMBER COMMENTS
Council Member Hummer reported serving as the City's representative to the Orange County Mosquito and Vector Control District and announced Mosquito Awareness Week, observed from April 19 through April 25, 2026. He mentioned residents may report mosquito -breeding concerns to the District at 714-971-2421 or 949-654-2421.
Council Member Smith reported his attendance at meetings of the Orange County Council of Governments (OCCOG), the Southern California Association of Governments (SCAG), the Santa Fe business owners, and the Civic Center Joint Use Committee with the Placentia Library District. He thanked the Community Services Department and Influence Church for coordinating the Easter Eggcitement and Helicopter Egg Drop event on April 4, 2026. He mentioned meeting with third-grade students from Tynes Elementary and Golden Elementary to explain local government. He announced National Volunteer Week, observed April 19 through April 25, 2026, and thanked volunteers for supporting City programs and community organizations.
Mayor Pro Tem Yamaguchi remarked on public comments regarding code enforcement and explained the process for submitting concerns through Staff, mentioned the City Council may only discuss items listed on the agenda under the Brown Act. He stated confidence in the City's Code Enforcement Division and encouraged residents to contact Staff or the City Attorney's Office with questions. He reported attending the Fire Department's elected official training demonstration on March 27, 2026, and thanked Staff for organizing the event. He also reported his attendance at the Easter Eggcitement and Helicopter Egg Drop event on April 4, 2026, and thanked Staff and Influence Church for coordinating the event. He congratulated his parents who had recently celebrated their 40th wedding anniversary.
1. CONSENT CALENDAR
Council Member Smith pulled Items i.g and 1.h, for discussion. Motion by Smith, seconded by Hummer, and carried a 4-0-1 vote, to approve the balance of the Consent Calendar, as recommended, Wanke absent.
1.a CONSIDERATION TO WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS Recommended Action: It is recommended that the City Council:
Approve.
(Approved 4-0-1, as recommended, Wanke absent)
1.b APPROVAL OF MINUTES
Recommended Action: It is recommended that the City Council:
Approve minutes of the City Council/Successor Agency/ICDA/PPFA Regular Meetings held on March 17, 2026; and the Special Meeting held on March 27, 2026.
(Approved 4-0-1, as recommended, Wanke absent)
1.c
REGISTERS FOR APRIL 21, 2026
Fiscal Impact:
Check Registers $ 3,183,845.59
Electronic Disbursement Registers $ 9,416,400.56
Recommended Action: It is recommended that the City Council:
Placentia City Council/Successor Agency/ICDA/PPFA Minutes April 21, 2026 Page 3 of 10 11
Receive and file.
(Approved 4-0-1, as recommended, Wanke absent)
1.d SECOND READING AND ADOPTION OF ORDINANCE NO. 0-2026-03, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, GRANTING TO CRIMSON CALIFORNIA PIPELINE, L.P., A FRANCHISE TO OPERATE AND MAINTAIN CERTAIN PIPELINES AND APPURTENANCES FOR THE
TRANSPORTATION OF HYDROCARBON SUBSTANCES IN THE CITY OF PLACENTIA Fiscal Impact:
Revenue: $9,063.06 Annually (101-90000-4201)
Recommended Action: It is recommended that the City Council:
Adopt Ordinance No. 0-2026-03, An Ordinance of the City Council of the City of Placentia, California, granting to Crimson California Pipeline, L.P., a franchise to operate and maintain certain pipelines and appurtenances for the transportation of hydrocarbon substances in the City of Placentia. (Approved 4-0-1, as recommended, Wanke absent)
1.e AMENDMENT NO. 1 TO MAINTENANCE SERVICES AGREEMENT WITH BEAR ELECTRICAL SOLUTIONS, INC. FOR TRAFFIC SIGNAL MAINTENANCE SERVICES
Fiscal Impact:
Expense: $420,000 Amendment No. 1 Additional Contract Amount over 2 -Years Recommended Action: It is recommended the City Council:
1. Approve Amendment No. 1 to the Maintenance Services Agreement with Bear Electrical Solutions, Inc. for Traffic Signal Maintenance Services, increasing the contract capacity by $420,000, resulting in a new not -to -exceed amount of $930,000; and
2. Authorize the City Administrator to approve contract change orders up to 10% of the initial three- year contract amount; and
3. Authorize the City Administrator to execute the necessary documents, in a form approved by the City Attorney.
(Approved 4-0-1, as recommended, Wanke absent)
1.f AMENDMENT NO. 1 TO PUBLIC WORKS AGREEMENT WITH RJ NOBLE COMPANY FOR CONSTRUCTION SERVICES RELATED TO THE FY 24-25 RESIDENTIAL STREET REHABILITATION
PROJECT
Fiscal Impact:
Expense: $340,692.53 Amendment No.1 for extra work related to additional excavation and pavement, the construction of new asphalt pavement at Fire Station 1 and drainage structure reconstruction.
Available Budget: $654,176.00 Fiscal Year 2025-26 CIP, (211-90300-9600) Measure M Recommended Action: It is recommended that the City Council:
1. Approve Amendment No. 1 to a Public Works Agreement with RJ Noble Company in the amount of $340,692.53; and
2. Authorize the City Administrator, and/or her designee, to execute the necessary documents, in a form approved by the City Attorney.
(Approved 4-0-1, as recommended, Wanke absent)
1.g CONSIDERATION OF VESTING TENTATIVE TRACT MAP NO. 19467 FOR THE SUBDIVISION OF A 2.72 - ACRE PROPERTY TO CREATE 75 RESIDENTIAL CONDOMINIUM UNITS, INCLUDING FIVE LIVE -WORK UNITS, LOCATED AT 777 W. ORANGETHORPE AVENUE AND 776 S. PLACENTIA AVENUE (APN 339-112- 27)
Fiscal Impact:
$1,657,634 Development Impact Fees.
Recommended Action: It is recommended that the City Council:
Placentia City Council/Successor Agency/ICDA/PPFA Minutes April 21, 2026 Page 4 of 10 12
1. Find that Vesting Tentative Tract Map No. VTTM 19467 is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.66 (AB 130 — Infill Housing Development Projects); and
2. Adopt Resolution No. R-2026-17, A Resolution of the City Council of the City Of Placentia, California, adopting the California Environmental Quality Act ("CEQA") Statutory Exemption, California Public Resources Code § 21080.66 (Ab 130 — Infill Housing Development Projects), and approving Vesting Tentative Tract Map No. VTTM 19467 for the subdivision of the subject property for the purpose of creating 75 residential condominium units on a 2.72 -acre previously developed site, on property located at 777 W. Orangethorpe Avenue and 776 S. Placentia Avenue (APN 339- 112-27).
(Approved 4-0-1, as recommended, Wanke absent)
Council Member Smith pulled the item to comment on repeated changes to the project. He mentioned the project had undergone multiple iterations with no construction progress and asked the developer to confirm whether the current plans were final. He expressed a desire to avoid additional revisions.
Motion by Smith, seconded by Yamaguchi, and carried a 4-0-1 vote, to approve the Item 1.g, as recommended, Wanke absent.
1.h APPROVAL OF ORANGE COUNTY ANIMAL CARE SERVICES AGREEMENT Fiscal Impact:
Approximately $487,925 per year.
Recommended Action: It is recommended that the City Council:
1. Approve the Master Agreement for the Provision of Orange County Animal Care Services (OCACS) between the City of Placentia and the County of Orange for the period covering May 31, 2026, through May 30, 2031; and
2. Authorize the City Administrator to execute the necessary documents, in a form approved by the City Attorney.
(Approved 3-1-1, as recommended, Smith voted no and Wanke absent) Council Member Smith pulled the item to ask whether the five-year animal services contract allowed an early exit. He mentioned concerns about the increased contract cost compared to previous years and requested clarification on the City's ability to terminate the agreement. Staff confirmed the City could terminate the contract if future funding was not approved.
Motion by Yamaguchi, seconded by Kirwin, and carried a 3-1-1 vote, to approve the Item 1.h, as recommended, Smith voted no and Wanke absent.
1.i APPROVAL OF THE WASTE INFRASTRUCTURE SYSTEM ENTERPRISE (WISE) AGREEMENT WITH
ORANGE COUNTY WASTE & RECYCLING FOR MUNICIPAL SOLID WASTE DISPOSAL RATES AND
SERVICES
Fiscal Impact: None.
Recommended Action: It is recommended that the City Council:
1. Approve the attached WISE Agreement with the County of Orange for municipal solid waste disposal rates and services; and
2. Authorize the City Administrator, or designee, to execute the agreement on behalf of the City and make minor modifications as necessary.
(Approved 4-0-1, as recommended, Wanke absent)
2. PUBLIC HEARINGS
2.a ADOPTION OF PROPOSED COMPREHENSIVE FEE AND RATE SCHEDULE Fiscal Impact:
Placentia City Council/Successor Agency/ICDA/PPFA Minutes April 21, 2026 Page 5 of 10 13
The proposed fee changes as of July 1, 2026, are intended to recover the cost of providing existing services associated with fee -related regulatory functions and other programs.
Recommended Action: It is recommended that the City Council:
1. Open the Public Hearing to consider amending the Placentia Comprehensive Fee Schedule for certain fees, rates, and charges for various City user services; and
2. Receive the Staff report, consider all public testimony, and discuss the proposed fees; and
3. Close the public hearing; and
4. Adopt Resolution No. R-2026-18, a Resolution of the City Council of the City of Placentia, California, establishing and adopting certain City fees, rates, and charges for various City services with an effective date of July 1, 2026, for Fiscal Year 2026-27. (Approved 4-0-1, as recommended, Wanke absent)
Director of Finance Griggs gave a PowerPoint presentation on the item.
Public Hearing opened at 7:04 p.m.
Public Comments: None.
Public Hearing closed at 7:04 p.m.
Motion by Yamaguchi, seconded by Kirwin, and carried a 4-0-1 vote, to approve Item 2.a, as recommended, Wanke absent.
2.b PUBLIC HEARING FOR THE ANNEXATION OF PROPERTIES INTO COMMUNITY FACILITIES DISTRICT NO. 2014-01 (PUBLIC SERVICES)
Fiscal Impact: None.
Recommended Action: It is recommended that the City Council:
1. Open the Public Hearing concerning Resolution No. R-2026-19; and
2. Receive the Staff report and consider all public testimony; and
3. Close the Public Hearing; and
4. Adopt Resolution No. R-2026-19, A Resolution of the City Council of the City of Placentia, California, ordering the annexation of territory to its Community Facilities District No. 2014-01 (Public Services) (Annexation 2026-01) and approving the amended map for said District. (Approved 4-0-1, as recommended, Wanke absent)
Director of Public Works Tanio gave a verbal presentation on the item.
Public Hearing opened at 7:06 p.m.
Public Comments: None.
Public Hearing closed at 7:06 p.m.
Motion by Yamaguchi, seconded by Kirwin, and carried a 4-0-1 vote, to approve Item 2.b, as recommended, Wanke absent.
2.c PUBLIC HEARING FOR THE ANNEXATION OF PROPERTIES INTO STREET LIGHTING DISTRICT NO. 81-1 Fiscal Impact: None.
Recommended Action: It is recommended that the City Council:
1. Open the Public Hearing concerning Resolution No. R-2026-21; and
2. Receive the Staff report and consider all public testimony; and
3. Close the Public Hearing; and
Placentia City Council/Successor Agency/ICDA/PPFA Minutes April 21, 2026 Page 6 of 10 14
4. Adopt Resolution No. R-2026-21, a Resolution of the City Council of the City of Placentia, California, ordering the annexation of territory to its Street Lighting District No. 81-1 (Annexation 2026-01) and approving the amended map for said District. (Approved 4-0-1, as recommended, Wanke absent)
Director of Public Works Tanio gave a verbal presentation on the item.
Public Hearing opened at 7:07 p.m.
Public Comments: None.
Public Hearing closed at 7:07 p.m.
Motion by Smith, seconded by Hummer, and carried a 4-0-1 vote, to approve Item 2.c, as recommended, Wanke absent.
2.d PUBLIC HEARING FOR THE ANNEXATION OF PROPERTIES INTO LANDSCAPE MAINTENANCE DISTRICT NO. 92-1
Fiscal Impact: None.
Recommended Action: It is recommended that the City Council:
1. Open the Public Hearing concerning Resolution No. R-2026-20; and
2. Receive the Staff report and consider all public testimony; and
3. Close the Public Hearing; and
4. Adopt Resolution No. R-2026-20, a Resolution of the City Council of the City of Placentia, California, ordering the annexation of territory to its Landscape Maintenance District No. 92-1 (Annexation 2026-01) and approving the amended map for said District. (Approved 3-1-1, as recommended, Kirwin voted no and Wanke absent) Director of Public Works Tanio gave a verbal presentation on the item.
Public Hearing opened at 7:08 p.m.
Public Comments: None.
Council Member Kirwin raised concerns about the long-term sustainability of LMD 92-1 due to outdated assessments with no escalator and questioned whether adding parcels worsened the issue. He expressed preference for creation of a new district with updated provisions. Staff stated the parcel owners already agreed to join the existing district, additional parcels increased revenue for maintenance, and any new district or assessment increase required voter approval.
Public Hearing closed at 7:17 p.m.
Motion byYamaguchi, seconded by Smith, and carried a 3-1-1 vote, to approve Item 2.d, as recommended, Kirwin voted no and Wanke absent.
2.e APPEAL OF THE DECISION OF THE PLANNING COMMISSION TO REVOKE SHORT-TERM RENTAL PERMITS STR 2020-10 AND STR 2020-11 AND ASSOCIATED BUSINESS LICENSES FOR PROPERTY LOCATED AT 607 ENCINITAS WAY, UNITS A & C
Fiscal Impact:
Recovery of $17,797.83 in Transient Occupancy Tax owed. Potential for approximately $15,000 in additional annual Transient Occupancy Tax revenue if the STR permits are reinstated.
Recommended Action: It is recommended that the City Council:
Placentia City Council/Successor Agency/ICDA/PPFA Minutes April 21, 2026 Page 7 of 10 15
1. Open the Public Hearing concerning revocation of Short -Term Rental permits STR 2020-10 and STR 2020-11 and associated business licenses for property located at 607 Encinitas Way, Units A & C; and
2. Receive the Staff Report, consider all Public Testimony, ask any questions of Staff; and
3. Close the Public Hearing; and
4. Find that this action is not subject to CEQA pursuant to State CEQA Guidelines § 15321 (Class - 21 Enforcement Actions by Regulatory Agencies); and
5. Approve the agreement between the City of Placentia and Alexander/Celenia Perez in which outstanding Transient Occupancy Tax (TOT) owed to the City of Placentia would be paid. Authorize the City Administrator or her designee to finalize said agreement; and approve the appeal and reverse the Planning Commission revocation of Short -Term Rental Permits STR 2020-10 and STR 2020-11 and reinstate associated business licenses for the property located at 607 Encinitas Way, Units A and C.
(Approved 4-0-1, to deny appeal, uphold the Planning Commission's decision, and direct Staff to revise and return agreement, Wanke absent)
Director of Development Services Lambert gave a verbal presentation on the item and stated the revocation resulted from years of non-payment of transient occupancy tax, unpaid administrative citations, and repeated compliance issues. Staff reported the applicants later submitted a proposed payment plan for the delinquent TOT balance, which Staff incorporated into a draft agreement.
Public Hearing opened at 7:18 p.m.
Public Comments: None.
A discussion ensued on the item about the applicants' long record of unpaid transient occupancy tax, unpaid administrative citations, and repeated noncompliance. City Council questioned the timing of the applicants' proposed payment plan, expressed fairness concerns toward compliant operators, and stated forgiving citation fines created an undesirable precedent. Staff confirmed the applicants remained delinquent on past balances and mentioned ongoing issues with verification and reliability.
Public Hearing closed at 7:35 p.m.
Mayor Pro Tem Yamaguchi motioned to deny the appeal; uphold the Planning Commission's decision to revoke Short -Term Rental Permits STR 2020-10 and STR 2020-11 and the associated business licenses for the property located at 607 Encinitas Way, Units A and C; directed Staff to revise the proposed agreement with a payment plan that includes all unpaid administrative citation fees in addition to the outstanding Transient Occupancy Tax (TOT) owed to the City of Placentia, remove any reference to permit reinstatement, and return the revised agreement to the City Council on a future Consent Calendar item.
Motion by Yamaguchi, seconded by Kirwin, and carried a 4-0-1 vote to approve Item 2.e, as motioned, Wanke absent.
2.f UPDATE REGARDING CITYWIDE DEVELOPMENT IMPACT FEES, TRANSIT ORIENTED DEVELOPMENT
PACKINGHOUSE DISTRICT DEVELOPMENT IMPACT FEES, AND AFFORDABLE HOUSING IMPACT
FEES, INCLUDING ADOPTION OF NEW GENERAL GOVERNMENT FACILITIES FEES FOR COST
RECOVERY
Fiscal Impact:
The adoption of revised development impact fees and residential affordable housing impact fees will not have an immediate impact on revenues to the City as they are effective 60 days subsequent to adoption.
These Development Impact Fees are established for cost recovery or statutory purposes only.
Recommended Action: It is recommended that the City Council:
Placentia City Council/Successor Agency/ICDA/PPFA Minutes April 21, 2026 Page 8 of 10 16
1. Open the Public Hearing concerning the Citywide Development Impact Fee Schedule including adoption of new General Government Facilities fees, the Transit -Oriented Development (TOD) Packing House Development Impact Fee Schedule, and the Affordable Housing Impact Fee Schedule; and
2. Receive the Staff report, consider all public testimony, ask questions of Staff; and
3. Close the public hearing; and
4. Find that the recommended actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3), 15273, and 15378(b)(4) of the CEQA Guidelines, Section 21065 of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA; and
5. Adopt Resolution No. R-2026-22, a Resolution of the City Council of the City of Placentia, California, approving updated Development Impact Fees pursuant to Construction Cost Index to financially mitigate impacts to parks and recreational facilities, sewer facilities, transportation infrastructure, storm drain facilities, Quimby in -lieu fees, Public Safety (Fire, Police, Animal Shelter), Streetscape (Transit Oriented Development), and adopting General Government Facilities fees citywide pursuant to the April 2026 Development Impact fee Nexus; adopt a Capital Improvement Plan for the impact fees; and determine that the adoption of the Development Impact Fees and Capital Improvement Plan is exempt from the California Environmental Quality Act; and
6. Adopt Resolution No. R-2026-23, a Resolution of the City Council of the City of Placentia, California, approving updated Affordable Housing Impact fees pursuant to Construction Cost Index for residential and non-residential developments citywide; and determine that the adoption of the Affordable Housing Impact fees is exempt from the California Environmental Quality Act; and
7. Consider first reading of Ordinance No. 0-2026-05, an Ordinance of the City Council of the City of Placentia, California, amending Title 5 of the Placentia Municipal Code (schedule of fees) to add Section 5.02.105 "General Government Facilities Fees" establishing a City Facilities Impact Fees as part of the City's Development Impact Fee Program, and adopting necessary findings for the Establishment of the City Facilities Impact Fees; and
8. Consider first reading of Ordinance No. 0-2026-08, an Ordinance of the City Council of the City of Placentia, California, amending Title 5 of the Placentia Municipal Code (Schedule Of Fees) by amending Chapters 5.01 (Fees Set by Resolution), 5.03 (Transit Oriented Development (TOD) Development Impact Fees), 5.12 (Fire Department) and 5.24 (Public Works Department) as part of the City's Development Impact Fee Program.
(Approved 4-0-1, as recommended, Wanke absent)
Director of Development Services Lambert gave a verbal presentation on the item.
Public Hearing opened at 7:41 p.m.
Public Comments: None.
Public Hearing closed at 7:45 p.m.
Motion by Yamaguchi, seconded by Kirwin, and carried a 4-0-1 vote, to approve Item 2.f, as recommended, Wanke absent.
3. REGULAR AGENDA
3.a PROPOSED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, ADDING CHAPTER 10.74 (FIREWORKS) TO TITLE 10 (PEACE, MORALS, AND SAFETY) OF THE PLACENTIA MUNICIPAL CODE Fiscal Impact: None.
Recommended Action: It is recommended that the City Council:
Placentia City Council/Successor Agency/ICDA/PPFA Minutes April 21, 2026 Page 9 of 10 17
Waive full reading, by title only, and introduce for first reading Ordinance No. 0-2026-06, an Ordinance of the City Council of the City of Placentia, California, adding Chapter 10.74 (Fireworks) to Title 10 (Peace, Morals, and Safety) of the Placentia Municipal Code.
(Approved 4-0-1, as recommended, Wanke absent)
Police Chief Butts introduced Police Lieutenant Thomas McKenzie, who gave a PowerPoint presentation on the item.
Mayor Pro Tem Yamaguchi asked if the ordinance would assist with firework enforcement, and Staff confirmed it would allow officers to address complaints more effectively.
Motion by Hummer, seconded by Yamaguchi, and carried a 4-0-1 vote, to approve Item 3.a, as recommended, Wanke absent.
3.b DISCUSSION REGARDING SHORT-TERM RENTAL REGULATIONS IN THE CITY OF PLACENTIA AND CONSIDERATION OF ORDINANCE NO. 0-2026-04, AN ORDINANCE OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING PLACENTIA MUNICIPAL CODE CHAPTER 6.45
RELATED TO SHORT-TERM RENTALS
Fiscal Impact:
Potential for approximately $235,000 in revenue annually from Transient Occupancy Tax, based on FY 24- 25 actuals.
Recommended Action: It is recommended that the City Council:
1. Receive the Staff report; and
2. Conduct discussion regarding Short -Term Rental regulations in the City of Placentia; and
3. Find that Ordinance No. 0-2026-04 is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3) and/or 15061(b)(3) of the State CEQA Guidelines; and
4. Consider first reading of Ordinance No. 0-2026-04, an Ordinance of the City of Placentia, California, amending Placentia Municipal Code Chapter 6.45 related to Short -Term Rentals. (Approved 4-0-1, as recommended, Wanke absent)
Director of Development Services Lambert gave a PowerPoint presentation on the item.
A discussion ensued regarding partial -unit rentals, the permit cap, the 300 -foot separation standard, and enforcement of the 24-hour contact requirement. Staff confirmed current permit counts and the operational impacts of the proposed changes.
Motion by Kirwin, seconded by Hummer, and carried a 4-0-1 vote, to approve Item 3.b, as recommended, Wanke absent.
CITY COUNCIL/BOARD MEMBERS REQUESTS - None
ADJOURNMENT
The City Council/Successor Agency/ICDA/PPFA Board of Directors adjourned at 7:55 p.m., in memory of City Attorney Bettenhausen's late father, Dr. Jack M. Bettenhausen, to a regular City Council meeting on Tuesday, May 5, 2026.
Chad P. Wanke, Mayor/Agency Chair
ATTEST:
Robert S. McKinnell, City Clerk/Agency Secretary
Placentia City Council/Successor Agency/ICDA/PPFA Minutes April 21, 2026 Page 10 of 10 18
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: May 5, 2026
Submitted by: Gabriela Calin
From: Finance
Subject:
REGISTERS FOR MAY 5, 2026
Financial Impact:
Check Registers $ 789,303.36
Electronic Disbursement Registers $ 1,865,738.02
Recommended Action:
It is recommended that the City Council:
Receive and file.
Attachments
Check Register 04.16.2026.pdf
ACH-EFT 04.16.2026.pdf
Check Register 04.23.2026.pdf
ACH-EFT 04.23.2026.pdf
Agenda Item No: 1.c
19 Name
V001009 ENTENMANN-ROVIN CO
V001262 LN CURTIS & SONS
V000616 AT&T
V000616 AT&T
V000616 AT&T
V001127 HEALTHPOINTE MEDICAL GROUP INC
V001057 FLEET SERVICES INC
V001794 COUNTY OF ORANGE
V001678 THINKSUPPLIES.COM
V001794 COUNTY OF ORANGE
V002053 COUNTY OF ORANGE -CASHIERING
V001788 SAN DIEGO POLICE EQUIP.
V000616 AT&T
V001814 THE SALVATION ARMY
V001588 SITEONE LANDSCAPE SUPPLY LLC
V001338 MUNICIPAL EMERGENCY SERVICES INC
V001501 QUADIENT INC
V000903 COMMERCIAL AQUATIC SERVICES
V002194 RONALD MOLENDYK
V001346 NAPA AUTO PARTS
V001346 NAPA AUTO PARTS
V002013 SELMAN & COMPANY LLC
V001468 POWERSTRIDE BATTERY CO INC
V001460 PLACENTIA YORBA LINDA UNIFIED SCHOOL DISTRICT
V001402 ORANGE COUNTY SANITATION DISTRICT
V001588 SITEONE LANDSCAPE SUPPLY LLC
V001574 SESAC INC
V001658 TEAM ONE MANAGEMENT
V001672 THE PAPER DEPOT
V000747 AXIS GENERAL CONTRUCTION INC
V001678 THINKSUPPLIES.COM
V001406 ORANGE COUNTY TREASURER TAX COLLECTOR
V002191 MICHAEL R VANG
V001301 MCFADDEN-DALE HARDWARE CO.
V002189 MARY H TRAN
V001262 LN CURTIS & SONS
V002187 ITZEL N RESENDIZ
V001169 INSIGHT PUBLIC SECTOR INC
V002178 GLADWELL GOVERNMENT SERVICES INC
V001054 FIS
V002179 JOANNA ESCOBEDO
V001810 FIRST AMERICAN DATA TREE LLC
V001031 FAIRWAY FORD
V000972 DLT SOLUTIONS LLC
V000969 DIVISION OF THE STATE ARCHITECT
V000962 DFS FLOORING INC
V000946 DAY & NITE DOOR SERVICE
V000873 CITY OF BREA
V001715 TURBO DATA SYSTEMS INC
V002173 TY LIN INTERNATIONAL
V001722 UNA ESTRELLA EN EL CAMINO
V000868 CICCS/EAP
V002151 BARCO PRODUCTS LLC
V002149 BANNER BANK
V000864 CHEMEX INDUSTRIES INC.
V002188 BEATRIZ ORTIZ
V002186 ANN A ICHIKAWA
V000691 ALLIANCE BUSINESS SERVICES INC
V000659 AGA ENGINEERS INC
V002140 VINCOR CONSTRUCTION, INC.
V002078 YORBA COUNTRY CAR WASH
V001779 YORBA LINDA WATER DISTRICT
V002190 ROLAND MOLENDYK
V000636 SOUTHERN CALIFORNIA EDISON
Total
City of Placentia
Check Register 04/16/2026
Memo Amount Dumont Num Date '
PD Badges 195.72 137456 4/16/2026
Four wood handle axes 1,764.29 137455 4/16/2026
FirstNet FAN # 57557082 - March 2026 1,814.95 137454 4/16/2026 FirstNet Fire & PD FAN # 08048052 - Mar 2026 2,432.75 137453 4/16/2026 Acct 333291678 - CH Fiber 107.00 137452 4/16/2026
Pre -Employment Physical Exams: Jose Hemandez, Kate Hernandez 650.00 137451 4/16/2026 Brake repair for T2 1,446.35 137450 4/16/2026
March OCATS Circuit Support 1,104.51 137449 4/16/2026
Paper -Office Supplies 118.32 137448 4/16/2026
March AFIS Services 1,565.00 137447 4/16/2026
Sifi Connection Point 3,626.14 137446 4/16/2026
Ammunition 2,558.45 137445 4/16/2026
AT&T Charges February - March 2026 658.93 137444 4/16/2026 Navigation Center Management Services FY 25 -26 - January 209,070.10 137443 4/16/2026 FY 25-26: Irrigation Supplies 2,285.32 137442 4/16/2026 Personal Protection Equipment 773.94 137441 4/16/2026
May 2026 Services 136.86 137440 4/16/2026
Civic Center Fountain Maintenance: March 2026 2,200.00 137439 4/16/2026 Parking Citation Refund 86.00 137438 4/16/2026
Fleet Repair Supplies 38.52 137437 4/16/2026
Fleet Repair Supplies 428.28 137436 4/16/2026
Ward Smith - Life Policy Coverage 10.00 137435 4/16/2026 Fleet Repair Supplies - Battery 448.51 137434 4/16/2026 Printing -Centennial Envelopes 681.21 137433 4/16/2026
OCSD Capital Facilities Capacity Charge for March 2026 / 5% City Issuance Fee 69,718.60 137432 4/16/2026 FY 25-26: Irrigation Supplies 2,583.15 137431 4/16/2026 Account 79944 bill 747215 2,143.44 137430 4/16/2026
FY 25/26 - Janitorial Services for Park Restrooms 7,274.75 137429 4/16/2026 April 18 City Paper Shredding Event 750.00 137428 4/16/2026 March 2026 Monthly PM: Placentia 2,925.00 137427 4/16/2026 Office Supplies 80.36 137426 4/16/2026
MARCH 2026 PARKING CITATIONS 10,230.00 137425 4/16/2026 Parking Citation Refund 47.00 137424 4/16/2026
1/4 x 2 Clevis Pin W Chain 28.56 137423 4/16/2026
Parking Citation Refund 307.00 137422 4/16/2026
PD Uniforms - Trejo 666.45 137421 4/16/2026
Parking Citation Refund 122.00 137420 4/16/2026
Adobe Pro License Renewals 9,285.62 137419 4/16/2026
Records Retention Schedules 5,400.00 137418 4/16/2026
Interchange Fees Feb 26 5,607.08 137417 4/16/2026
Permit 4486 - Cancellation 215.00 137416 4/16/2026
March 2026 Property Detail Reports 150.00 137415 4/16/2026 FY 25-26 Vehicle Repair Parts/Services: Alternator , Core Chg 795.07 137414 4/16/2026 AutoCad Renewal for FY26-27 10,781.08 137413 4/16/2026
2026 1ST QTR STATE FEES 543.20 137412 4/16/2026
Carpet Cleaning Services: March 650.00 137411 4/16/2026 Senior Center Door Repair 970.00 137410 4/16/2026
March 2026 Printing Charges for Building Dept. 62.10 137409 4/16/2026 March Parking Citation Services 2,828.60 137408 4/16/2026 Golden Ave Bridge Replacement Project; City Project 1801: Dec 2025 - Feb 2026 71,279.56 137407 4/16/2026 Damage Deposit Refund 180.00 137406 4/16/2026
CICCS Trust EAP by Anthem - April 2026 464.60 137405 4/16/2026 Dougout benches for Valadez field 3,578.66 137404 4/16/2026 Retention from RJ Noble Pay App 3 3,462.50 137403 4/16/2026 Graffiti Remover 594.96 137402 4/16/2026
Parking Citation Refund 347.00 137401 4/16/2026
Parking Citation Refund 43.00 137400 4/16/2026
ACCT# 9900000135 744.69 137399 4/16/2026
On-call Traffic Engineering: Feb 2026 2,910.00 137398 4/16/2026 Retention Payout 3,531.37 137397 4/16/2026
FY 25-26 Car Wash Services 731.00 137396 4/16/2026
Yorba Linda Water District Charges - February to March 2026 3,586.92 137395 4/16/2026 Parking Citation Refund 43.00 137394 4/14/2026
Acct# 600002180183 21,124.61 137393 4/14/2026
480,987.08
20 Vendor
V001593 SO CAL GAS
V000622 AMAZON CAPITAL SERVICES
V000711 AMTECH ELEVATOR SERVICES
V000869 CIRA
V001723 UNDERGROUND SERVICE ALERT/SC
V000902 COMLOCK
V000934 CSG CONSULTANTS INC
V000950 DELL MARKETING L.P.
V001203 JONES & MAYER
V001801 KOSMONT TRANSACTIONS SERVICES INC
[email protected] GREENFIELDS OUTDO
V000460 JULIE ROBERTS
V000086 MICHAEL BUTTS
V001320 MILLER MENDEL INC
V001694 TOWNSEND PUBLIC AFFAIRS INC.
V000144 TIFFANY EILEY
V002130 THE REVOLUTION GROUP INC
V001527 RING CENTRAL INC
V000629 KRONOS SAASHR, INC
V001531 RJ NOBLE COMPANY
V001424 PARKHOUSE TIRE INC
V001549 SAGECREST PLANNING AND ENVIRONMENTAL
V001567 SECO ELECTRIC & LIGHTING INC
V002148 CO BROTHERS LLC
V001805 ORACLE AMERICA INC
V000622 AMAZON CAPITAL SERVICES
Total
City of Placentia
ACH/EFT Register 04/16/2026
Date Memo Document Number Amount EFT Status
4/16/2026 So Cal Gas Charges February - March 2026 2,103.51 ACH - Paid Online 4/16/2026 PW Main - Feb 2026 Purchases 00000104/3 2,803.00 EFT Payment 4/16/2026 Elevator Maintenance March 2026 00000104/4 2,056.00 EFT Payment 4/16/2026 CIRA Gen EPL July -Dec 2025 00000104/5 4,412.50 EFT Payment 4/16/2026 March 2026 - State Fee 00000104/6 251.43 EFT Payment 4/16/2026 Door Repairs and Keys 00000104/7 161.19 EFT Payment 4/16/2026 March 2026 On -Call Building Services - Plan Reviel 00000104/8 6,926.36 EFT Payment 4/16/2026 PC Upgrades 00000104/9 2,307.67 EFT Payment
4/16/2026 Professional Legal Services: REVISED Invoice # 1; 00000104/10 808.02 EFT Payment 4/16/2026 LEASE REVENUE BONDS - FY25 00000104/11 2,500.00 EFT Payment 4/16/2026 Additional Kraemer Park Fitness Equipment 00000104/12 1,397.44 EFT Payment 4/16/2026 Tuition Reimbursement - #24-28 00000104/13 714.75 EFT Payment 4/16/2026 March Toll Road charges 00000104/14 454.10 EFT Payment 4/16/2026 Jan -March eSOPH Fax units 00000104/15 57.05 EFT Payment 4/16/2026 To provide legislative advocacy and grant funding s 00000104/16 13,000.00 EFT Payment 4/16/2026 Meal and mileage reimbursement for Arrest and Co 00000104/17 80.96 EFT Payment 4/13/2026 sponsor banners for lightpoles around the city 00000104/1 380.00 EFT Payment 4/14/2026 City Telephone Contract - Subscription 00000104/2 7,877.42 EFT Payment 4/16/2026 UKG Subscription 00000104/18 6,420.00 EFT Payment 4/16/2026 FY 24-25 Residential Street Rehab Project - Pay AK 00000104/19 65,787.50 EFT Payment 4/16/2026 FY 25-26: Tires for City Vehicles 00000104/20 779.85 EFT Payment 4/16/2026 March 2026 On -Call Building Inspection Services 00000104/21 4,730.50 EFT Payment 4/16/2026 Koch Park - Exterior Lighting 00000104/22 3,362.18 EFT Payment 4/16/2026 Old Town Facade Improvement Project - Pay App 2 00000104/23 20,128.59 EFT Payment 4/16/2026 Financials ERP Software System 00000104/24 3,738.00 EFT Payment 4/16/2026 PW Main - Feb 2026 Purchases 00000104/25 60.80 EFT Payment 153,298.82
Total ACH
Total EFT
Payroll PR2601008
2,103.51
151,195.31
675,589.01
828,887.83
21 Mame
V001289 MARIPOSA LANDSCAPES INC
V001903 COMPLETE PAPERLESS SOLUTIONS LLC
V000616 AT&T
V000766 BEAR ELECTRICAL SOLUTIONS INC
V000636 SOUTHERN CALIFORNIA EDISON
V000835 Vulcan Materials Co
V001663 THE BEE MAN
V001029 FACTORY MOTOR PARTS
V001346 NAPA AUTO PARTS
V001378 NV5 Inc
V001346 NAPA AUTO PARTS
V002197 TRITON AERO INC
V002192 ROOFING SERVICES
V001434 PCEA CIO NORTH ORANGE CO
V001346 NAPA AUTO PARTS
City of Placentia
Check Register 04.23.2026
Memo
FY 25-26 Citywide landscape maintenance: February 2026
Laserfiche Cloud Subscription - 1 year subscription
AT&T Charges March 2026
Traffic Signal Maintenance/Repair - Oct 2025
SoCal Edison Charges December - January
Paving Materials
Bee Removal - 2041 Jeffrey Cir
FY 25-26: Vehicle Repair Parts
Fleet Repair Supplies
City Hall HVAC Replacement - Final Invoice
Fleet Repair Supplies
BUSINESS LICENSE OVERPAYMENT
Roof Bond: 30-26-046: 2107 Earnshaw Dr
PCEA PE04/11/26 PD04/17/26
Fleet Repair Supplies - Lucas Oil Stabilizer, Mobil 1 Ow20 5qt V001323 MIRACLE RECREATION EQUIPMENT COMPANY IN Mallets Wagner Invoice 900979 V002193 ONE STOP DEVELOPMENT INC
V001396 ORANGE COUNTY EMPLOYEES ASSN
V001445 PEST OPTIONS INC
V001732 US BANK PARS #6746022400
V001301 MCFADDEN-DALE HARDWARE CO.
V001901 MANHATTAN STITCHING COMPANY INC
V001266 LONG BEACH BMW MOTORCYCLES
V001687 TLAQUEPAQUE RESTAURANT
V001262 LN CURTIS & SONS
V001148 HR GREEN PACIFIC INC
V001034 FASTSIGNS OF BREA
V002018 BURNETT PRINTING AND GRAPHICS
V000616 AT&T
V001067 FRANCHISE TAX BOARD
V002053 COUNTY OF ORANGE -CASHIERING
V001832 KES MAIL INC
V001880 JARVIS FAY LLP
V001148 HR GREEN PACIFIC INC
V002035 OCY MANAGEMENT LLC
V000775 BIGGS CARDOSA ASSOCIATES INC
V002106 PLATINUM FLEET & FIRE SERVICES LLC
V001588 SITEONE LANDSCAPE SUPPLY LLC
V001643 SVA ARCHITECTS INC.
V002140 VINCOR CONSTRUCTION, INC.
V001093 GOLDEN STATE COMMUNICATIONS INC
V001049 FIREMASTER
V001029 FACTORY MOTOR PARTS
V002070 COLE HUBER LLP
V001606 SOUTHERN CALIFORNIA NEWS GROUP
Roof Bond: 30-26-020: 837 S Melrose St
OCEA PE04/11/26 PD04/17/26
Service site at Champions Sports Complex
PARS PE04/11/26 PD04/17/26
Cust No: 114235
Centennial Polo Shirts - Staff
PD Motorcycle Repairs
Employee Luncheon 05/07/2026
PD Uniforms - Rodgriguez
On -Call Plan check services through March 31, 2026
City Hall Signs
Plaques for Citizens Academy
(pads Acct# 287248890794 - April 2026
FTB PE04/11/26 PD04/17/26
Atwood Trail project - Permit Review
Mailing Notice Services for FY 26-27 Trash Rates
Legal sys - UUT
EFID Design - Through March 31, 2026
Transportation Services - February 2026
Golden Ave Bridge Project: Professional Services 2/1/26-2/28/26 Fire Engine Maintenance E-2
FY 25-26: Irrigation Supplies
on-call architectural and engineering services: March 2026 Asbestos and Moisture testing for potential flooring project at Tynes Gym Cust ID #CU01649
Fire Extinguisher test & refill - Fleet Division
FY 25-26: Vehicle Repair Parts
Professional Legal Services - March 2026
Newspaper Publications for March 2026
V001812 TEMPORARY STAFFING PROFESSIONALS INC Contract Temp for IT, Desktop Support Analyst V001760 WEST GROVE VOLLEYBALL LLC Instructor Payment - Winter 2026 V000892 CLIFTONLARSONALLEN LLP Financial Audit FY24/25
V002039 CHAPMAN COAST ROOF CO. INC Tynes Gym Roof Replacement V001427 PARS Annual Asset Fee (prorated monthly) for February 2026 V001054 FIS Interchange Fees - Mar 26
V000618 ORANGE COUNTY AUDITOR -CONTROLLER Property Tax Revision for Trash Assessment V000688 ALL CITY MANAGEMENT SERVICES INC 3/15-28 Crossing Guard Services V000636Southern California Edison voided - paid online
Total
Amount Document Number
46,436.10 137510 4/23/2026
16,820.00 137509 4/23/2026
13,767.05 137508 4/23/2026
20,845.26 137507 4/23/2026
14,177.85 137506 4/23/2026
1,559.85 137505 4/23/2026
395.00 137504 4/23/2026
40.76 137503 4/23/2026
30.05 137502 4/23/2026
6,511.25 137501 4/23/2026
18.52 137500 4/23/2026
2,514.27 137499 4/23/2026
100.00 137498 4/23/2026
48.60 137497 4/23/2026
282.10 137496 4/23/2026
550.28 137495 4/23/2026
100.00 137494 4/23/2026
562.50 137493 4/23/2026
460.00 137492 4/23/2026
3,252.46 137491 4/23/2026
706.42 137490 4/23/2026
1,570.35 137489 4/23/2026
1,486.87 137488 4/23/2026
2,203.12 137487 4/23/2026
1,402.06 137486 4/23/2026
763.75 137485 4/23/2026
3,780.00 137484 4/23/2026
399.34 137483 4/23/2026
257.84 137482 4/23/2026
107.73 137481 4/23/2026
868.47 137480 4/23/2026
4,636.50 137479 4/23/2026
38.00 137478 4/23/2026
2,020.00 137477 4/23/2026
19,313.10 137476 4/23/2026
75,287.42 137475 4/23/2026
11,281.37 137474 4/23/2026
363.86 137473 4/23/2026
14,463.75 137472 4/23/2026
2,448.00 137471 4/23/2026
107.19 137470 4/23/2026
3,561.54 137469 4/23/2026
338.38 137468 4/23/2026
1,984.00 137467 4/23/2026
900.50 137466 4/23/2026
2,217.60 137465 4/23/2026
318.00 137464 4/23/2026
9,342.90 137463 4/23/2026
14,694.00 137462 4/23/2026
555.75 137461 4/23/2026
372.33 137460 4/23/2026
30.00 137459 4/23/2026
5,860.80 137458 4/23/2026
(3,836.56) 137457
308,316.28
22 Vendor
V001480 PRINCIPAL NATIONAL LIFE INSI
V000831 CALIFORNIA STATE DISBURSEI
V001325 MISSION SQUARE
V001752 WASHINGTON STATE DEPARTP
V001779 YORBA LINDA WATER DISTRIC-
V000829 CALIFORNIA PUBLIC EMPLOYE
V001007 EMPLOYMENT DEVELOPMENT
V001173 INTERNAL REVENUE SERVICE
V001325 MISSION SQUARE
V000636 SOUTHERN CALIFORNIA EDISC
V000622 AMAZON CAPITAL SERVICES
V001010 ENTERPRISE FLEET MANAGEM
V000902 COMLOCK
V001818 CHARLES ABBOTT ASSOCIATE
V000064 JOSHUA CONTRERAS
V001520 REPUBLIC WASTE SERVICES C
V001826 ADVANTEC CONSULTING ENGII
V001462 PLACEWORKS
V001086 GLASBY MAINT. SUPPLY CO.
V001164 INFRASTRUCTURE ENGINEERE
V001801 KOSMONT TRANSACTIONS SEF
[email protected] I
V000944 DTA Public Finance INC
V001453 PLACENTIA FIREFIGHTERS AS:
V001458 PLACENTIA POLICE OFFICERS
V001164 INFRASTRUCTURE ENGINEERE
V001457 PLACENTIA POLICE MANAGEMI
V000325 MARISCAL MONICA
V002130 THE REVOLUTION GROUP INC
V001424 PARKHOUSE TIRE INC
V000121 Ahumada Samuel
V001086 GLASBY MAINT. SUPPLY CO.
V000691 ALLIANCE BUSINESS SERVICE:
V002155 EASTRIDGE ENGINEERING ANC
Total
Date
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
4/23/2026
City of Placentia
ACH/EFT Register 4.23.2026
Memo
May 2026 _ Whole Life Insurance - Executive Bonus
CHILD SUPP-CA PE04/11/26 PD04/17/26
401A MGMT PE04/11/26 PD 04/17/26
CHILD SUPP-WA PE04/11/26 PD04/17/26
YLWD Water Charges Feb 2026- March 2026
CALPERS PE03/28/26 PD04/03/26
CA TAX PE04/11/26 PD04/17/26
FED TAX PE04/11/26 PD04/17/26
401A FIRE PE04/11/26 PD04/17/26
SoCal Edison Charges - February to March 2026
Amazon Purchases March 2026
PD VH Lease Charges April 2026
Facility Door Repairs and Keys - 5 keys, 10 keys, 4 rings, 4 tags, 3 keys FOG Program MGMT SVS: March 2026
Reimbursement for gas
Residential Solid Waste Collection Services - March 2026 On -Call Engineering Services: March 2026
SP5 Update
FY 25-26 Janitorial Services
SiFi network Project Inspections March 2026
Project 2307.6 Placentia KMTC
Fleet Materials - Caliper
March 2026 Development Impact Fee Study
PFFA PE04/11/26 PD04/17/26
PPOA PE04/11/26 PD04/17/26
SiFi network Project Inspections Feb 2026
PPMA PE04/11/26 PD04/17/26
CSMFO Conference - travel reimb
Challenge Coins
FY 25-26: Tires for City Vehicles
BLS Provider eCard - Staff Training
FY 25-26 Janitorial Services
Fire Station 1 - Internet Fiber
Fuel Tank Removal and Replacement Phase 1 - Pay App 3
Total ACH
Total EFT
Document no.: Amount EFT Status
1,573.82 ACH - Paid Online
2,024.28 ACH - Paid Online
2,706.95 ACH - Paid Online
737.07 ACH - Paid Online
116.14 ACH - Paid Online
155,353.64 ACH - Paid Online
47,051.99 ACH - Paid Online
142,377.27 ACH - Paid Online
51,434.02 ACH - Paid Online
1,524.96 ACH - Paid Online
00000108/1 755.47 EFT Payment
00000108/2 5,753.95 EFT Payment
00000108/3 142.34 EFT Payment
00000108/4 4,837.50 EFT Payment
00000108/5 59.67 EFT Payment
00000108/6 425,547.73 EFT Payment
00000108/7 2,970.00 EFT Payment
00000108/8 8,149.55 EFT Payment
00000108/9 968.13 EFT Payment
00000108/10 1,265.00 EFT Payment
00000108/11 2,158.87 EFT Payment
00000108/12 306.53 EFT Payment
00000108/13 16,673.13 EFT Payment
00000108/14 1,575.00 EFT Payment
00000108/15 3,092.86 EFT Payment
00000108/16 4,312.50 EFT Payment
00000108/17 1,216.74 EFT Payment
00000108/18 351.32 EFT Payment
00000108/19 1,225.00 EFT Payment
00000108/20 1,188.94 EFT Payment
00000108/21 33.36 EFT Payment
00000108/22 1,382.73 EFT Payment
00000108/23 733.73 EFT Payment
00000108/24 147,250.00 EFT Payment
1,036,850.19
404,900.14
631,950.05
1,036,850.19
23 3;kc,25,Eggolk
Agenda Item No: 1.d
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: May 5, 2026
Submitted by: Joe Lambert
From: Development Services
Subject:
SECOND READING AND ADOPTION OF ORDINANCE NO. 0-2026-04, AN ORDINANCE
OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING PLACENTIA MUNICIPAL CODE CHAPTER 6.45 RELATED TO SHORT-TERM RENTALS
Financial Impact:
Potential for approximately $235,000 in revenue annually from Transient Occupancy Tax, based on FY 24-25 actuals.
Summary:
First Reading of Ordinance No. 0-2026-04, occurred on April 21, 2026. This Ordinance incorporates amendments to the Placentia Municipal Code, Chapter 6.45, related to Short - Term Rentals.
On September 2, 2025, City Council adopted Urgency Ordinance No. 0-2025-07, placing a moratorium on new Short -Term Residential Rental permits for up to 45 days. The moratorium was intended to allow Staff time to analyze and propose additional STR regulations for City Council consideration. Urgency Ordinance No. 0-2025-07, was set to expire on October 16, 2025, therefore, Ordinance No. 0-2025-10, was adopted by the City Council on October 7, 2025. This ordinance extended the STR moratorium until September 1, 2026, or until the City Council enacts amendments to its zoning ordinances or other applicable Municipal Code regulations, whichever is earlier. The moratorium would be repealed upon the effective date of Ordinance No. 0-2026-04.
Recommended Action:
It is recommended that the City Council:
1. Find that Ordinance No. 0-2026-04, is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA; and
2. Waive full reading, by title only, and adopt Ordinance No. 0-2026-04, an Ordinance of the City of Placentia, California, amending Chapter 6.45 (Short -Term Residential Rentals) of the City of Placentia Municipal Code.
Strategic Plan Statement:
This item is consistent with Strategic Goal 4 (Economic Development), as this item has directly resulted in generating approximately $235,000 in Transient Occupancy Tax (TOT) in 24 FY24-25, additive to revenues collected for four additional Fiscal Years beginning in FY20-21.
Discussion:
On September 2, 2025, City Council conducted a Study Session to discuss the topic of Short - Term Rentals (STRs) citywide, and City Council adopted Urgency Ordinance No. 0-2025-07, placing a moratorium on new Short -Term Rental (residential) permits for up to 45 days from September 2, 2025, as provided by law. This was done to allow Staff time to analyze and propose additional STR regulations for City Council consideration.
Urgency Ordinance No. 0-2025-07, was set to expire on October 16, 2025, however, at the meeting of October 7, 2025, Ordinance No. 0-2025-10, was adopted by the City Council which extended the STR moratorium until September 1, 2026, or until the City Council enacts amendments to its zoning ordinances or other applicable Municipal Code regulations, whichever is earlier.
On October 7, 2025, City Council created a temporary select Committee of (now) Mayor Wanke and Councilmember Hummer to work with Staff in reviewing additional amendments to the STR ordinance. Staff has worked with the Committee to incorporate the following amendments into the Ordinance:
• Define Partial -unit STR
• Cap on total STRs, 0.5% of 16,979 Placentia housing units = 85 total STRs (to be determined annually)
• Partial unit STRs do not count toward the cap
• Prohibit STRs in apartment complexes
• Require site plan, floor plan
• Require inspection by Building Division and Fire and Life Safety, initially and annually • 300 -foot radius locational requirement between STRs, previously was not a requirement • 300 -foot radius measured from property line for single-family and using airspace boundaries for condominiums
• Renewals require staff to confirm continued compliance with STR regulations including distance requirements
• Requiring a local contact person for immediate PD, PFLSD, Code Enforcement contact • Persons renting must be 21 years of age or over
• No more than 10 occupants per stay
• Minimum stay of two consecutive nights
• Appeal of Director of Development Services STR denial/revocation goes directly to City Council
• First violation $250 fine in lieu of a warning
• Require hosting platforms to report to the City TOT certification, records of reservations, etc.
First Reading of Ordinance No. 0-2026-04, occurred on April 21, 2026. The Ordinance incorporates the above amendments to the Placentia Municipal Code, Chapter 6.45, related to Short -Term Rentals. The current moratorium would be repealed upon the effective date of this Ordinance, which is 30 days after adoption.
Financial Summary:
Potential for approximately $235,000 in revenue annually from Transient Occupancy Tax, based on FY 24-25 actuals, assuming current Short -Term Rental permits remain active. 25 Attachments
1.Ordinance No. 0-2026-04 - Short Term Rentals.docx
26 ORDINANCE NO. 0-2026-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, AMENDING CHAPTER 6.45 (SHORT-TERM
RESIDENTIAL RENTALS) OF THE CITY OF PLACENTIA
MUNICIPAL CODE
City Attorney Summary
This Ordinance would amend Chapter 6.45 to the City of Placentia Municipal Code to providing clearer directions in the regulation of Short - Term Rentals.
WHEREAS, on July 23, 2019, the City Council of the City of Placentia ("City") adopted Ordinance No. 0-2019-06 ("Ordinance") adding Chapters 6.45 and 23.71 to the Placentia Municipal Code providing for regulations of short-term rentals; and WHEREAS, the adoption of the Ordinance allowed the City to regulate properties to ensure that all short-term rentals are accounted for in City records, and that no property operating as a short-term rental creates adverse impacts to surrounding residential neighborhoods; and
WHEREAS, since the adoption of the Ordinance, there have been a few issues with some of the short-term rentals; and
WHEREAS, due to issues that have arisen with short-term rentals, on September 2, 2025, the City adopted Ordinance No. 0-2025-07, an Urgency Ordinance Establishing a Moratorium on Short -Term Rental Permits, to allow for City staff to study if additional regulations were needed in connection with short-term rentals; and WHEREAS, on October 7, 2025, the City adopted Ordinance No. 2025-10 extending the moratorium until September 1, 2026; and
WHEREAS, it is in the public interest that short-term rental uses be regulated in order to help preserve housing for long-term tenants and to minimize any potential deleterious effects of short-term rental properties on other properties in the surrounding neighborhoods in which they are located; and
WHEREAS, this Ordinance amends the existing Chapter 6.45 to establish additional regulations and safeguards for the operation of short-term rentals; and WHEREAS, this Ordinance also provides for the ability of the City to require the hosting platforms to provide for requested information as allowed under SB 346; and WHEREAS, upon the effective date of this Ordinance, the moratorium established under Ordinance No. 2025-07 and extended by Ordinance No. 2025-10, is terminated.
Ordinance No. 0-2026-04
27 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this Ordinance.
SECTION 2. Section 6.45.020, Short-term residential rental, definitions, of the Placentia Municipal Code is hereby amended as follows:
6.45.020 Short-term residential rental, definitions.
The following words and phrases, whenever used in this Chapter, shall have the meaning defined in this Section unless the context clearly requires otherwise:
"Advertise" means the act of drawing the public's attention to a short-term rental in order to promote the availability of the residence for use as a short-term rental. Said advertising may be found in any medium, including but not limited to, newspaper, magazine, brochure, website, or mobile application.
"Booking Service" means any reservation and/or payment service provided by a person or entity that facilitates a short-term rental transaction between an Owner and a prospective Occupant, and for which the person or entity collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment services provided for the short-term rental transaction. "City" means the City of Placentia.
"Code" means the Placentia Municipal Code.
"Common Interest Development" means a residential development that is subject to the Davis -Stirling Act of the State of California, and where there exists a common area owned by an association or owners of separate interests, there has been recorded a declaration and final subdivision map, there has been conveyed to each homeowner a separate interest coupled with an interest in the common area or membership in the association, and there is a board of directors elected by the association of homeowners. "Good Neighbor Brochure" means a document prepared by the City, as may be revised from time to time, that summarizes the general rules of conduct, consideration and respect pertaining to the use and occupancy of the short-term rental units. "Hosting Platform" means a person or entity that participates in the short-term rental business by providing, and collecting or receiving a fee for, Booking Services through which an Owner may offer premises for an occupant on a short-term basis. Hosting Platforms usually, though not necessarily, provide Booking Services through an online platform that allows an Owner to advertise the premises through a website provided by the Hosting Platform and the Hosting Platform conducts a transaction by which potential Ordinance No. 0-2026-04
28 occupants arrange their use and their payment, whether the would-be occupant pays rent directly to the Owner or to the Hosting Platform. Hosting Platform also means a marketplace that is created for the primary purpose of facilitating the short-term rental of a residential unit offered for occupancy for tourist or transient use for compensation to the offeror of that unit, and the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. "Facilitating" includes, but is not limited to, the act of allowing the offeror of the residential unit to offer or advertise the residential unit on the Internet Web site provided or maintained by the operator.
"Local contact person" means the person designated by the Owner, or Owner's authorized agent, who shall be available twenty-four (24) hours per day, seven (7) days per week for the purpose of: (1) responding within one (1) hour to complaints regarding the condition, operation, or conduct of occupants of the Short-term residential rental unit; and (2) taking any remedial action necessary to resolve any such complaints. "Managing agency or agent" means a person, firm, or agency representing the Owner of the Short-term residential rental, or a person, firm, or agency owning or operating more than one (1) Short-term residential rental.
"Master Association" means any entity which has written and valid contractual jurisdiction and authority to act on behalf of common interest developments and to exclusively manage all Short-term residential rentals within that entire common interest development, as defined in this Section 6.45.020, and development and promptly respond in the event of Short-term residential rental violations or problems. "Multiple Rentals" means the ownership or controlling interest of any number of real properties in excess of one residential property in the City used for purposes of Short- term residential rentals as defined in this Chapter 6.45. "Occupant" means any individual person living, sleeping or possessing a building, or portion thereof. A person is not required to be paying rent, providing in-kind services, or name in any lease, contract or other legal document to be considered an occupant. "Owner" means any person or entity having fee -title ownership and/or appearing on the last equalized assessment roll of Orange County showing controlling interest of the Premises.
"Owner's authorized agent," or "manager," or "managing agency" means an individual or business entity, or their representative, appointed by an Owner to solicit applications, execute agreements, or otherwise act on Owner's behalf in the rental of property as a Short-term residential rental.
"Partial -unit short-term residential rental" means the rental of a bedroom, room, or portion of a dwelling unit while other portions of the dwelling remain occupied by the owner, tenant, or other persons.
"Premises" means the actual single-family house or other residential dwelling unit, including all of its improved real property, which is used as a Short-term residential rental.
Ordinance No. 0-2026-04
29 "Responsible person" means the signatory of a short-term rental agreement for the use and occupancy of a short-term rental unit, who shall be an occupant of the subject short- term rental unit, and is legally responsible for ensuring that all occupants of the short-term rental unit, and/or their guests, comply with all applicable laws, rules and regulations pertaining to the use and occupancy of subject short-term rental unit, and who may be held liable for any violation of all applicable laws, rules and regulations set forth in this Chapter.
"Short-term residential rental" means the rental of a residential dwelling unit by the Owner thereof to another party for a continuous period twenty-nine (29) days or less, in exchange for any form of monetary or non -monetary consideration such as, but not limited to, trade, fee, swap or any other in lieu of cash payment; and also means "Hotel" as that term is defined in section 3.20.10 of the Municipal Code. "Transient occupancy tax" means the tax levied by the City in accordance with Chapter
3.20 of the Municipal Code. This tax is levied upon individuals or businesses engaged in the sale of sleeping accommodations to the public.
SECTION 3. Section 6.45.030, Locations and Conditions of operations of Short-term residential rentals, of the Placentia Municipal Code is hereby amended as follows:
6.45.030 Locations and Conditions of operations of Short-term residential rentals. (a) Pursuant to this Chapter and any other applicable provisions of this Code, short-term residential rentals are permitted in those zones identified in Chapter 23.71 only if the requirements of this Chapter are met.
(b) The requirements of this Chapter shall be met before a Short-term residential rental of a premises is permitted.
(c) Pursuant to this Chapter and any other applicable provisions of this Code, multiple rentals under one Short-term Residential Rental permit are prohibited. Each Short-term Residential Rental shall require a unique permit and business license. (d) Notwithstanding any provisions in this Chapter to the contrary, Short-term residential rentals shall be permitted pursuant to business licenses and Short-term residential rental permits issued by the City in any new development containing at least ten (10) residential units, unless the City Council expressly prohibits Short-term Residential Rentals in a Development Agreement or as a condition in a Use Permit. (e) The total number of short-term residential rental operating permits issued by the City shall not exceed approximately one-half percent (0.5%) of the total housing units within the City, as determined annually by the Director of Development Services, or designee No additional permits shall be issued once the cap has been reached, except for timely renewals. Partial -Units shall not count toward the total operating permits.
Ordinance No. 0-2026-04
30 (f) Short-term residential rentals shall not be permitted in apartment buildings or other residential developments where dwelling units are not individually owned.
SECTION 4. Section 6.45.050, Registration, of the Placentia Municipal Code is hereby amended as follows:
6.45.050 Registration.
(a) On a written form prepared by the Director of Development Services or his/her designee, of the City, the Owner shall register with the City as the point of contact for the Short-term Residential Rental Premises and shall be responsible for all requirements of this Chapter. However, such registration is deemed satisfied if accomplished by a Managing agency or agent on behalf of the Owner. The Owner of the Premises shall retain primary responsibility for all requirements of this Code related to Short-term residential rentals, notwithstanding registration by a Managing agency or agent. There shall be no subleasing of any Premises for Short-term residential rental purposes; instead, only a rental agreement executed by the Owner shall be permitted for any Premises when used for Short-term residential rentals. A fee may be established by resolution of the City Council to cover costs of processing the registration. Either the Owner of the Premises or a Managing agency or agent shall provide all of the following information to the City at the time of registration, and shall promptly upon change of any such information update such information to maintain accuracy:
(1) Full legal name of the Owner of the Premises and if a business entity or trust, the individual who has responsibility to oversee its ownership of the Premises; and
(2) Street and mailing addresses of the Owner of the Premises; and (3) Telephone number of the Owner of the Premises; and
(4) Email address of the Owner of the Premises; and
(5) Full legal name or business name of a Managing agency or agent, if any; and (6) Street and mailing addresses of a Managing agency or agent, if any; and (7) Telephone number of a Managing agency or agent, if any; and (8) Street and mailing addresses of the Short-term residential rental Premises; and
(9) Telephone number of the Short-term residential rental Premises; and (10) List of all online websites used to advertise Premises for Short-term residential rental along with all listing numbers; and
(11) Full name and telephone number of 24-hour emergency Local contact person; and
(12) A site plan of the property and floor plan of the dwelling to be used for short- term rental which indicates the number and location of bedrooms in the short- term vacation rental unit; and
(13) A sketch of the floor plan, which identifies sleeping areas, proposed maximum number of guests, evacuation route(s), location of fire extinguisher(s), and approximate square footage in the vacation rental unit; and (14) Submit a Transit Occupancy Tax (TOT) registration fee as set by resolution of the Placentia City Council; and
(15) Submit a Short-term residential rental registration fee as set by resolution of Ordinance No. 0-2026-04
31 the Placentia City Council; and
(16) Any other contact information the City may reasonably require. (17) Provide the Uniform Resource Locator (URL), (i.e. the web site address) for any and all advertisements of the short-term residential rental. (18) Proof of insurance.
(b) Prior to issuance or renewal of a short-term residential rental operating permit, the Premises shall undergo and pass a Building Division inspection and a Fire Department life - safety inspection. The Owner shall be responsible for all associated inspection fees. Failure to pass inspection shall constitute grounds for denial or non -renewal. (c) The site plan and floor plan shall be submitted in a form acceptable to the Director of Development Services, identifying: (1) all on-site parking spaces; (2) the number and location of bedrooms; and (3) all areas accessible to occupants. The site plan and floor plan shall be kept on file with the City and made available to public safety personnel upon request.
(d) A current business license, TOT registration and Good Neighbor Brochure shall be hung and/or placed in a conspicuous location within the Premises at all times of the Short- term residential rental business operation. In addition, each Responsible person for the Premises shall be provided with a copy of the City's Good Neighbor Brochure by the Owner or Managing agency or agent.
(e) The Owner or Managing agency or agent shall provide language in their rental agreement allowing for immediate termination of the rental contract, and immediate eviction upon any violation of the Municipal Code by any occupant. The Responsible person shall acknowledge understanding of all Placentia Short-term residential rental rules and their liability for any fines incurred by occupants. (f) Upon successful registration, the City may issue a short-term residential rental operating permit to the owner of the Premises on a first in time and first in right basis.
Notwithstanding any provisions of this Code to the contrary, the City reserves the right to deny a short-term residential rental permit to an applicant if it is determined that the geographic area of the subject property is within a 300 -foot radius of another registered short-term rental.
(1) The 300 -foot shall be measured as a lineal distance from the nearest property line to property line for single-family lots.
(2) For properties located within condominium projects or townhome developments, the separation distance shall be measured from the nearest exterior boundaries of the dwelling units.
(g) Renewal of a short-term residential rental operating permit shall require Planning Division review to confirm continued compliance with this Chapter, the Zoning Code, spacing requirements, and any conditions of approval applied to the previous permit term.
SECTION 5. Section 6.45.060, Personal Availability, of the Placentia Municipal Code is hereby amended as follows:
Ordinance No. 0-2026-04
32 6.45.060 Personal availability.
(a) For each Short-term residential rental, a Local contact person shall be available by telephone on a seven (7) day per week, twenty-four (24) hour per day basis to respond to public safety calls, nuisances, or other complaints regarding the use, condition, operation, or conduct of occupants on the Premises. The Local contact person shall respond within one (1) hour to satisfactorily correct any alleged nuisance or violation of this Chapter by occupants occurring at the Premises. If the Local contact person does not respond within one (1) hour or does not satisfactorily correct the alleged nuisance or violation pertaining to the call, the Owner shall be subject to citation pursuant to Section 6.45.170 of this Code. (b) The Local contact person shall be physically present within the geographical limits of the City during the term of the Short-term residential rental or be otherwise physically available to respond by visiting the Premises in person, at the request of the City or the City's police authority, within one (1) hour of contact concerning any alleged nuisance or violation of this Chapter.
(c) The Owner or Managing agency or agent hereby grants permission for local authorities, including but not limited to the Police Department, Code Enforcement, and Fire Department, to contact the designated Local Contact Person at any time for the purpose of responding to complaints, violations, or issues related to the short-term residential rental.
SECTION 6. Section 6.45.070, Notice to occupants, of the Placentia Municipal Code is hereby amended as follows:
6.45.070 Notice to occupants.
The Owner or Managing agency or agent shall provide the Responsible person of a Short- term residential rental with the following information prior to occupancy of the Premises and shall post such information in a conspicuous place within the dwelling on the premises:
(a) The name of the Owner or Managing agency or agent and a telephone number at which each may be reached on a seven (7) day per week, twenty-four (24) hour per day basis; and
(b) Notification of the maximum number of overnight and daytime occupants permitted on the Premises pursuant to this Chapter; and
(c) Notification of the City's noise standards, as provided in Chapter 23.76 of this Code, as may be amended from time to time; and
(d) Notification of the parking standards of this Chapter; and (e) A copy of this Chapter of the Placentia Municipal Code, as may be amended from time to time; and
Ordinance No. 0-2026-04
33 (f) Notification that an occupant may be cited or fined by the City, in addition to any other remedies available at law, for violating any provisions of this Chapter; and (g)
A copy of the "Good Neighbor Brochure"; and
(h) The Owner or Managing agency or agent shall keep on file a signed agreement acknowledging that the Responsible person and occupants agree to the general rules summarized in the Good Neighbor Brochure and rental contract, including without limitation the immediate termination provision in the rental contract for any violation of the Municipal Code by any occupant; and
(1) The Responsible person signing the rental agreement shall be at least twenty-one (21) years of age and shall remain present at the Premises for the duration of the short- term residential rental.
SECTION 7. Section 6.45.120, Occupancy, of the Placentia Municipal Code is hereby amended as follows:
6.45.120 Occupancy.
The maximum overnight occupancy on the Premises of the Short-term residential rental, from the hours of 11:00 p.m. through 6:00 a.m. on the following morning, shall not exceed two (2) persons per bedroom with an exception for children under the age of six (6) who may additionally occupy the premises, and no additional occupants shall be permitted on the Premises during such hours. Notwithstanding the foregoing, the total number of overnight occupants shall not exceed ten (10) persons. In any advertising concerning the Premises for Short-term residential rental, the Owner or Managing agency or agent shall advertise the maximum number of overnight occupants allowed as set forth above.
SECTION 8. Section 6.45.140, Minimum duration of rental, of the Placentia Municipal Code is hereby amended as follows:
6.45.140 Minimum duration of rental.
The duration of any lease or rental of Premises as a Short-term residential rental registered pursuant to Sections 6.45.040 and 6.45.050 of this Code shall be for a minimum of two (2) consecutive nights, during which time there shall be no overlapping leases or rental of the Premises. In any advertising concerning the availability of the Premises for Short-term residential rental, the Owner or Managing agency or agent shall advertise the minimum number of rental nights and days set forth in this subsection.
SECTION 9. Section 6.45.160, Revocation of Short-term residential rental permit and business license, of the Placentia Municipal Code is hereby amended as follows:
6.45.160 Revocation of Short-term residential rental permit and business license. (a) Grounds for Revocation. In addition to any other penalty authorized by law, a permit and business license for a Short-term residential rental may be revoked by the City Ordinance No. 0-2026-04
34 if the Director of Development Services finds, after notice to the licensee and opportunity to be heard, that the licensee or his or her agent or employee has violated, or failed to fulfill, the requirements of this Chapter or this Code, The Director of Development Services, or designee, shall immediately revoke all rental permits from the Owner and Managing agency or agent upon three (3) violations of this Chapter pertaining to any combination of Premises owned by the Owner or managed by the Owner's Managing agency or agent within the City within any twelve (12) month period.
(b) Appeal from denial, suspension or revocation of a business license for Short-term residential rental. Any applicant for a business license for the business of Short-term residential rentals whose application was denied by the Director of Development Services, and any licensee whose business license for a Short-term residential rental is suspended or revoked by the Director of Development Services, may, within ten (10) days following such decision, appeal such decision to the City Council, in which event the decision of the Director of Development Services shall be vacated and the City Council shall determine whether to affirm, reverse, or modify the decision of the Director of Development Services in accordance with the requirements for Short-term residential rentals set forth in this Chapter. The letter of appeal shall be accompanied by a processing fee as established by City Council Resolution. The letter shall be filed with the City Clerk's office. At least fourteen (14) days prior to the City Council's meeting to consider the appeal of the applicant or licensee, the City Clerk, shall send, by United States mail, certified, return receipt requested, written notice to the applicant or licensee of the time and place at which the City Council will consider the application, suspension or revocation. At the time of the City Council meeting the applicant or licensee shall be provided an opportunity to be heard by the City Council prior to its decision being made. The decision of the City Council shall be final, and the City Clerk shall notify the applicant or licensee, as applicable, in writing of the decision of the City Council.
SECTION 10. Section 6.45.170, Administrative citation, of the Placentia Municipal Code is hereby amended as follows:
6.45.170 Administrative citation/Reporting.
(a) The City, may issue an administrative citation to any occupant, invitee, renter, lessee or Owner of the Premises, or Managing agency or agent, and/or Hosting Platform for a violation of any provision of this Chapter.
(b) All complaints against a Short-term residential rental for any violation of this Code may be handled by the City on a 24-hour basis. Any police report where the City's police authority has concluded that a violation of this Chapter has occurred, may be submitted to the City's Code Enforcement Division for review, processing and issuance of an administrative citation. Each and every day, or portion thereof, that a violation of this Chapter exists constitutes a separate and distinct violation for which an administrative citation may be issued. Such an administrative citation shall be issued, notice given, and any appeals heard by the processes and in the manner prescribed by Sections 8.06.010 through 8.06.180 of this Code, as amended from time to time.
Ordinance No. 0-2026-04
35 (c) In addition or in the alternative, any violation of this Chapter may constitute a misdemeanor which may be subject to the maximum punishment therefor as allowed by law.
(d) Owner. The City may issue an administrative citation to the Owner for any violation of this Chapter 6.45, or any other provision of this Code which is violated during a Short- term residential rental including, without limitation, the City's noise ordinance, by the Owner or Short-term residential rental occupant, as follows:
(1) First violation – $250 administrative fine;
(2) Second and subsequent violations within any twelve (12) month period, other than operating without a business license or Short-term residential rental permit — $500 fine for each violation, and permanent revocation of business license and Short-term residential rental permit;
(3) Second violation of operating without a business license or Short-term residential rental permit and permanent prohibition against receipt of a business license and Short-term residential rental permit — $1,000 fine. (4) Violations for operating without a business license or Short-term Residential Rental Permit shall be cited and enforced pursuant to Chapter 6.04 and/or Chapter 1.08, accordingly.
(e) Hosting Platform.
(1) Subject to applicable laws, Hosting Platforms and Booking Services operating within the City shall, upon written request by the City:
(i) Report to the City the property address, owner identification, local STR license number, and TOT certification for each listing within the City;
(ii) Submit quarterly reports of all reservations, including duration and amounts collected;
(iii) Maintain records for three (3) years and provide such records to the City upon request for verification of TOT remittance.
(2) The City may issue and the Hosting Platform may receive an administrative citation for failure to report or for each violation of Section 6.45.210 of this Chapter.
(i) Each and every violation -- $1,000 fine per violation per day.
SECTION 11. CEQA. This Ordinance does not commit the City to any action that may have a significant effect on the environment. As a result, such action is exempt from Ordinance No. 0-2026-04
36 California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) in that it can be seen with certainty that the adoption of this Ordinance will not have a significant impact on the environment.
SECTION 12. SEVERABILITY. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance, which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable, This Ordinance amends, adds to and deletes (as applicable) sections of the Placentia Municipal Code.
SECTION 13. EFFECTIVE DATE. This Ordinance shall take effect and be in force 30 days after passage.
SECTION 14. PUBLICATION. The City Clerk is directed to publish this Ordinance, full text or summary form, in the manner and in the time prescribed by law.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on April 21, 2026.
PASSED, APPROVED AND ADOPTED this 5th day of May 2026.
Chad P. Wanke, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 21st day of April 2026, and was finally adopted at a regular meeting held on the 5th day of May 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Ordinance No. 0-2026-04
37 Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Ordinance No. 0-2026-04
38 3;kc,25,Eggolk
Agenda Item No: 1.e
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: May 5, 2026
Submitted by: Joe Lambert
From: Development Services
Subject:
SECOND READING AND ADOPTION OF ORDINANCE NO. 0-2026-05, AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING TITLE 5 OF THE PLACENTIA MUNICIPAL CODE (SCHEDULE OF FEES) TO ADD SECTION
5.02.105 "GENERAL GOVERNMENT FACILITIES FEES" ESTABLISHING A CITY
FACILITIES IMPACT FEES AS PART OF THE CITY'S DEVELOPMENT IMPACT FEE
PROGRAM, AND ADOPTING NECESSARY FINDINGS FOR THE ESTABLISHMENT OF THE CITY FACILITIES IMPACT FEES; AND, SECOND READING AND ADOPTION OF ORDINANCE NO. 0-2026-08, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, AMENDING TITLE 5 OF THE PLACENTIA MUNICIPAL CODE (SCHEDULE OF FEES) BY AMENDING CHAPTERS 5.01 (FEES SET BY RESOLUTION),
5.03 (TRANSIT ORIENTED DEVELOPMENT (TOD) DEVELOPMENT IMPACT FEES), 5.12 (FIRE DEPARTMENT) AND 5.24 (PUBLIC WORKS DEPARTMENT) AS PART OF THE
CITY'S DEVELOPMENT IMPACT FEE PROGRAM
Financial Impact:
The adoption of revised Development Impact Fees and Residential Affordable Housing Impact Fees will not have an immediate impact on revenues to the City as they are effective 60 days subsequent to adoption. These Development Impact Fees are established for cost recovery or statutory purposes only.
Summary:
The City's Development Impact Fees program ("DIF") was first established in the early 1970's when much of the City was undeveloped. The City's costs for infrastructure have significantly increased over that period of time; however, the City's DIFs were not updated regularly to adequately cover said infrastructure costs, thus requiring the General Fund to subsidize infrastructure improvements or, in some cases, the improvements that are not conducted by a developer. First Reading of Ordinance Nos. 0-2026-05 and 0-2026-08, occurred on April 21, 2026.
Ordinance No. 0-2026-05 will create a new General Government Facilities Fee pursuant to the Development Impact Fee Justification Study (Nexus Study) considered by City Council on April 21, 2026. This fee would be in place concurrent with the effective dates of Ordinance No. 0-2026-05 and Resolution No. R-2026-22.
39 Ordinance No. 0-2026-08 will amend Title 5 (Schedule of Fees) of the City of Placentia Municipal Code to delete selections that no longer apply, revise the Fire Department to remove references to Orange County Fire, and provide clarification as to fees applicable to Transit Oriented Development.
Recommended Action:
It is recommended that the City Council:
1. Find that the recommended actions are exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) of the Public Resources Code, and the City of Placentia Local Guidelines for implementing CEQA; and
2. Waive full reading, by title only, and adopt Ordinance No. 0-2026-05, an Ordinance of the City Council of the City of Placentia, California, amending Title 5 of the Placentia Municipal Code (schedule of fees) to add Section 5.02.105 "General Government Facilities Fees" establishing a City Facilities Impact Fees as part of the City's Development Impact Fee Program, and adopting necessary findings for the Establishment of the City Facilities Impact Fees; and,
3. Waive full reading, by title only, and adopt Ordinance No. 0-2026-08, an Ordinance of the City Council of the City of Placentia, California, amending Title 5 of the Placentia Municipal Code (Schedule Of Fees) by amending Chapters 5.01 (Fees Set by Resolution), 5.03 (Transit Oriented Development (TOD) Development Impact Fees), 5.12 (Fire Department) and 5.24 (Public Works Department) as part of the City's Development Impact Fee Program.
Strategic Plan Statement:
This item is consistent with Strategic Goal No. 1 (Fiscal Sustainability), Goal No. 2 (Public Safety) and Goal No. 3 (Infrastructure, Facilities & Public Spaces) as this item will update Development Impact Fees to facilitate cost recovery by requiring new development to pay a fair share of costs for City facilities, including Public Safety centers, parks and recreation centers. These funds can also be utilized for capital improvement projects including street paving and repair, sewer system and storm drain system upgrades. By doing so, the fiscal sustainability of the City will benefit in that the burden on the City's reserves will be lessened.
Discussion:
BACKGROUND:
DIFs are a commonly used method of collecting a proportional share of funds from new development for infrastructure improvements and/or other public facilities capital improvements that would be needed as a result of the new development. Pursuant to the Mitigation Fee Act ("Act"), California Government Code Section 66000, et seq. (also known as AB 1600), adoption of impact fees requires documentation of the "nexus" between the fees being charged, the impacts of new development, the benefit of the facilities needed to mitigate such impacts, and the proportional cost allocation among different fee categories. Impact fee programs must be adopted by the City Council via an ordinance, however, once the program is adopted, the fees can be automatically updated via City Council resolution. Impact fees are imposed either jurisdiction -wide or in a relatively large area anticipating significant amounts of new development, such as a specific plan area or community plan area. In Placentia, we have both citywide (includes affordable housing) impact fees and TOD District specific impact fees.
In 2017, the City prepared development impact fee nexus studies for the purpose of updating DIFs pursuant to California Government Code Section 66000. Three different nexus studies were completed in 2017 and were utilized respectively to adopt the current citywide DIFs, the 40 housing impact fee, and the TOD DIFs. The DIF program that is currently in place was adopted by City Council in October 2017.
In April 2023, two specific fees were updated commensurate with actual costs. The fees that were specifically updated beyond Construction Cost Index (CCI) are the Public Safety Impact Fee (now known as Fire, Police, Animal Shelter fees) and TOD Sewer Impact Fee. Those specific fees were updated beyond CCI because the City performed the "City of Placentia Development Impact Fee Nexus Study" dated April 2023. The balance of all Development Impact Fees were adjusted by CCI .23% as measured from April 2022 to April 2023. An annual DIF update pursuant to CCI also occurred on April 16, 2024.
One of the City Council directions from the April 16, 2024 annual DIF update was to prepare a new Development Impact Fee Nexus Study Report to update both Citywide Development Impact Fees and TOD Impact Fees. The Studies were utilized to prepare the recommended revised Development Impact Fee schedule for all citywide and TOD Impact fees.
DISCUSSION:
The existing DIFs include the following updated fees:
• Citywide Public Safety Fees: Fire, Police and Animal Shelter • Citywide Park Fee
• Citywide Quimby Fee
• Citywide Sewer Impact Fee
• Citywide Traffic Impact Fee Program (recommended to be renamed Transportation) • Storm Drainage Impact Fee Program
• TOD Traffic Impact Fee (recommended to be omitted)
• TOD Sewer Impact Fee
• TOD Streetscape Infrastructure Impact Fee
• Affordable Housing Impact Fee
Proposed new DIF:
• General Government Facilities Fee
The Development Impact Fee Nexus Studies considered by City Council on April 21, 2026 contemplate a new General Government Facilities fee. Ordinance No. 0-2026-05 will create a new General Government Facilities Fee pursuant to the Development Impact Fee Nexus Studies. This fee would be in place concurrent with the effective dates of Ordinance No. 0- 2026-05 and Resolution R-2026-22. Staff is recommending adoption of Ordinance No. 0- 2026-05.
In addition, Staff recommends adoption of Ordinance No. 0-2026-08. This Ordinance would clean up Title 5 (Schedule of Fees) of the City of Placentia Municipal Code to delete selections that no longer apply, revise the Fire Department to remove references to Orange County Fire, and provide clarification as to fees applicable to Transit Oriented Development.
Financial Summary:
DIFs are a commonly used cost recovery method of collecting a proportional share of funds from new development for infrastructure improvements and/or other public facilities capital improvements that would be needed as a result of the new development. These fees are seen as paying for necessary infrastructure costs as opposed to the General Fund and are therefore seen as cost recovery in nature. The adoption of revised Development Impact Fees 41 and Residential Affordable Housing Impact Fees will not have an immediate impact on revenues to the City until effective 60 days subsequent to adoption.
Attachments
1.Ordinance No. 0-2026-05 - General Government Facilities Fee.docx
2.Ordinance No. 0-2026-08 - Title 5 Amendments.pdf
42 ORDINANCE NO. 0-2026-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, AMENDING TITLE 5 OF THE PLACENTIA MUNICIPAL CODE (SCHEDULE OF FEES) TO ADD SECTION 5.02.105 "GENERAL GOVERNMENT FACILITIES FEES" ESTABLISHING A
CITY FACILITIES IMPACT FEES AS PART OF THE CITY'S
DEVELOPMENT IMPACT FEE PROGRAM, AND ADOPTING
NECESSARY FINDINGS FOR THE ESTABLISHMENT OF THE CITY
FACILITIES IMPACT FEES.
City Attorney Summary
This Ordinance would add Section 5.02.105 to the City of Placentia Municipal Code establishing a City Facilities Fee on new development and conversions to fund the construction, expansion, renovation, and improvement of City buildings and related facilities.
A. RECITALS
WHEREAS, the continuing growth of the City of Placentia ("City"), combined with the expectation of high-quality services by persons who live and work in the City have encouraged a review of the City's existing and future City facilities made necessary by new development; and
WHEREAS, pursuant to Government Code Section 66000 et seq., ("Mitigation Fee Act") the City is empowered to impose fees and other exactions to provide necessary public facilities required to mitigate the negative effects of new development in the City; and
WHEREAS, the type of improvements that public facility fees can pay for include the construction, expansion, renovation, and improvement of government facilities; and WHEREAS, it is fair and equitable for new development to pay its fair share and contribute to the financing and development of government facilities; and WHEREAS, the proposed fees are based upon the information contained in a document and addendum prepared by City staff and DTA Public Finance, Inc. entitled Development Impact Fees Justification Study, City of Placentia, dated April 2026 (t "Nexus Study"); and
WHEREAS, the City desires to add a General Government Facilities Fee to its development impact fee program; and
Ordinance No. 0-2026-05
43 WHEREAS, copies of the Nexus Study are on file in the City Clerk's office and have been made available for public review in accordance with state law, as more fully described below; and
WHEREAS, the City has: 1) made available to the public, at least ten days prior to its public hearing, data indicating the estimated cost required to provide the facilities and infrastructure for which these development fees are levied and the revenue sources anticipated to provide those facilities and infrastructure; 2) mailed notice at least fourteen days prior to this meeting to all interested parties who have requested notice of new or increased development fees; and 3) held a duly noticed, regularly scheduled public hearing on April 21, 2026, at which time oral and written testimony was received regarding the proposed fees; and
WHEREAS, the City Council has reviewed and considered the staff report, the Nexus Study and all oral and written testimony.
B. ORDINANCE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Section 5.02.105 of the Placentia Municipal Code is added in its entirety as follows:
§ 5.02.105 General Government facilities fees.
(a) Findings. The City Council finds:
(1) Additional or remodeled government facilities are needed to accommodate future growth and maintain an acceptable level of existing government facilities for all areas of the City of Placentia. (2) New development or conversions within the City of Placentia result in increased usage of the existing government facilities, which thereby increases the service requirements and capital equipment requirements of the government facilities. Such increased usage does not ordinarily result from mere subdivision or parcel map divisions of existing properties in the absence of new development or conversions.
(3)
In the absence of the imposition of a government facility impact fee upon new development or conversions, the additional capital expenses necessary to maintain an acceptable level of civic services for the entire City would be unfairly imposed upon the owners and Ordinance No. 0-2026-05
44 residents of the existing buildings and improvements within the City of Placentia.
(4) The government facility fee will be used to fund the construction, expansion, and improvement of government facilities that are needed to serve new development.
(5)
The facts and evidence presented in the City's impact fee study establish that there exists a reasonable relationship between the need for government facilities improvements and the impacts of the types of new developments or conversions for which a
corresponding fee is charged. A reasonable relationship or nexus also exists between the fee's use and the type of new development or conversions for which the fee is charged.
(b) Schedule of General Government Facilities Fees. A general government facilities fee shall be imposed on new development or conversions within the City of Placentia. See Section 5.02.180 "Schedule of development impact fees." (c) There is hereby established and created a fund of the City entitled "General Government facilities impact fund" and all revenues derived from and monies collected under this section, including accrued interest thereon, shall be deposited in such fund.
The City facilities impact fund is established for the sole purpose of providing money for the construction, expansion, renovation, and reconstruction of City facilities.
C. CEQA. This Ordinance does not commit the City to any action that may have a significant effect on the environment. As a result, such action is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) in that it can be seen with certainty that the adoption of this Ordinance will not have a significant impact on the environment.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on the 21st day of April 2026.
PASSED, APPROVED, AND ADOPTED THIS DAY OF 2026
Chad P. Wanke, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Ordinance No. 0-2026-05
45 STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia held on the 21st day of April 2026, and adopted at a regular meeting of the City Council of the City of Placentia, held on the day of , 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Ordinance No. 0-2026-05
46 ORDINANCE NO. 0-2026-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, AMENDING TITLE 5 OF THE PLACENTIA
MUNICIPAL CODE (SCHEDULE OF FEES) BY AMENDING CHAPTERS
5.01 (FEES SET BY RESOLUTION), 5.03 (TRANSIT ORIENTED
DEVELOPMENT (TOD) DEVELOPMENT IMPACT FEES), 5.12 (FIRE
DEPARTMENT) AND 5.24 (PUBLIC WORKS DEPARTMENT) AS PART
OF THE CITY'S DEVELOPMENT IMPACT FEE PROGRAM.
City Attorney Summary
This Ordinance would clean up Title 5 (Schedule of Fees) of the City of Placentia Municipal Code to delete selections that no longer apply, revise the Fire Department to remove references to Orange County Fire, and provide clarification as to fees applicable to Transit Oriented Development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Section 5.01.010 of the Placentia Municipal Code is hereby amended as follows:
Fees related to the work of the building division, the planning department, the police department, the fire and life safety departmen the public works department, and the community services department shall be established by city City council Council resolution.
Section 2. Section 5.03.020(a) of the Placentia Municipal Code is hereby amended as follows:
§ 5.03.020 Description of fees.
(a) Development impact fees are hereby established on new development or conversions within the TOD area of the city—City of Placentia to pay for public improvements related to civic improvement projects, public safety, sewer projects, traffic mitigation, storm drain and parks as set forth in Chapter 5.02 as well as the fees set forth in this Chapter. In the following section ;Sections, the city City council Council sets forth the specific amount of the development fee for each type of public improvement project.
Section 3. Section 5.03.100 of the Placentia Municipal Code is hereby deleted in its entirety.
Section 4. Chapter 5.12 (Fire Department) of the Placentia Municipal Code is hereby amended in its entirety and replaced with the following:
Ordinance No. 0-2026-08
47 Chapter 5.12 Fire Department
§ 5.12.010. Adoption of fire and life safety department fees. § 5.12.020. Administration.
§ 5.12.030. Definitions.
§ 5.12.040. Alarm business, central station and false alarm service charges. § 5.12.050. Intentional false alarms—Penalties.
§ 5.12.010. Adoption of fire and life safety department fees.
The City Council is authorized to provide by resolution the amount of each fee which shall be charged to those City residents who request, require or incur fire prevention, false alarm and other miscellaneous services provided by the Fire and Life Safety Department.
Said fees may be amended by the City Council from time to time. § 5.12.020. Administration.
The Fire and Life Safety Department of the City is authorized to administer the fire department fee schedule and take collection and enforcement action as may be necessary.
§ 5.12.030. Definitions.
For the purpose of this Chapter the words set out in this Section shall have the following meanings:
"False alarm" means an alarm necessitating response by the fire department where an emergency situation does not exist. This shall include mechanical failure, accidental tripping, misoperation, malfunction, misuse or neglect of an alarm system. "Fire department" means the City of Placentia Fire and Life Safety Department. "Fire department" includes and also means the emergency response agency. "Person" means any individual, occupant, business owner, partnership, corporation, or other entity.
§ 5.12.040. Alarm business, central station and false alarm service charges.
In addition to such other fines or penalties established by law, a false alarm service fee is imposed upon the residential occupants and/or commercial owner and/or operator of the premises wherein a false alarm was made and any central station owners and operators who initiated the fire department's response to such premises. The City Council is authorized to provide by resolution the amount of each fee which shall be charged to those City residents and/or businesses who incur false alarm charges and/or penalties and other miscellaneous charges relating to alarm systems and businesses for services provided by the fire department.
Ordinance No. 0-2026-08
48 § 5.12.050. Intentional false alarms—Penalties.
No person shall intentionally initiate a false alarm except for purposes of testing an alarm system and then only if made in accordance with the rules and regulations of the fire department therefor and after having given the emergency response agency or the fire department prior notice thereof. Any person who violates this section shall be guilty of a misdemeanor and shall be also subject to such other penalties prescribed by law.
Section 5. Sections 5.24.030 (Storm drain acreage fees), 5.24.060 (Sewer acreage fees) and 5.24.090 (Thoroughfare acreage fees) of the Placentia Municipal Code are hereby deleted in its entirety.
INTRODUCED at a regular meeting of the City Council of the City of Placentia held on the 21st day of April 2026.
PASSED, APPROVED, AND ADOPTED THIS DAY OF 2026
Chad P. Wanke, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Ordinance No. 0-2026-08
49 STATE OF CALIFORNIA
COUNTY OF ORANGE
1, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia held on the 21st day of April 2026, and adopted at a regular meeting of the City Council of the City of Placentia, held on the day of , 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ATTEST:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Ordinance No. 0-2026-08
50 3;kc,25,Eggolk
Agenda Item No: 1.f
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: May 5, 2026
Submitted by: Teri Knutson
From: Police Department
Subject:
SECOND READING AND ADOPTION OF ORDINANCE NO. 0-2026-06, AN ORDINANCE
OF THE CITY OF PLACENTIA, CALIFORNIA, ADDING TO PLACENTIA MUNICIPAL CODE CHAPTER 10.74 (FIREWORKS) TO TITLE 10 (PEACE, MORALS, AND SAFETY) Financial Impact:
None.
Summary:
The First Reading of Ordinance No. 0-2026-06, occurred on April 21, 2026. This Agenda Report conducts the Second Reading and, therefore, adoption of an Ordinance making an addition to Chapter 10.74 to the Municipal Code, providing clear regulations prohibiting fireworks within the City of Placentia, and for the enforcement of any violation of these regulations.
Recommended Action:
It is recommended that the City Council:
Waive full reading, by title only, and adopt Ordinance No. 0-2026-06, an Ordinance of the City Council of the City of Placentia, California, adding Chapter 10.74 (Fireworks) to Title 10 (Peace, Morals, and Safety) of the Placentia Municipal Code.
Strategic Plan Statement:
This item conforms to Strategic Plan Goal No. 2, Public Safety., to provide a safe, family - friendly environment through proactive policing, efficient fire and emergency medical services, disaster preparedness, and strong community partnerships that protect residents, businesses and visitors.
Discussion:
Fireworks pose a significant risk of personal injuries, property damage, fires and other threats to public safety. Currently the Placentia Municipal Code is limited in its ability to properly regulate the use of fireworks, other than in the Fire Code. If firework products continue to be unregulated, then the possession, storage, use, manufacture, transportation, and sale of these items will continue to pose a threat to the public health, safety, and welfare of the City of Placentia, and its residents.
The attached Ordinance confirms the prohibition of fireworks, including the "Safe and Sane 51 Fireworks" product within the City of Placentia. Adoption of this Ordinance will permit enforcement upon those individuals deemed responsible, including the ability to issue citations and subject to penalties.
Financial Summary:
The adoption of this Ordinance has no fiscal impact on the City of Placentia.
Attachments
Ordinance No. 0-2026-06 - Fireworks.docx
52 ORDINANCE NO. 0-2026-06
AN ORDINANCE OF THE CITY OF PLACENTIA, CALIFORNIA, ADDING A NEW CHAPTER 10.74 (FIREWORKS) TO TITLE 10 (PEACE, MORALS,
AND SAFETY) OF THE PLACENTIA MUNICIPAL CODE REGARDING
THE REGULATION OF FIREWORKS WITHIN IN THE CITY OF
PLACENTIA
City Attorney's Summary
This Ordinance would result in an amendment to Title 10 (Peace, Morals, and Safety) of the Placentia Municipal Code by adding Chapter 10.74 (Fireworks). This Chapter establishes regulations governing the possession, storage, use, manufacture, transportation, and sale of fireworks within the City of Placentia.
WHEREAS, the City of Placentia has the authority under its police power to enact regulations for the public health, safety, and welfare; and WHEREAS, the unregulated possession, storage, use, manufacture, transportation, and sale of fireworks pose a threat to the public health, safety, and welfare of the City and its residents; and
WHEREAS, fireworks pose a significant risk of personal injuries, property damage, fires and other threats to public safety; and
WHEREAS, California Health and Safety Code section 12541 authorizes the City Council to establish local regulations on fireworks; and WHEREAS, the City Council of the City of Placentia finds that establishing an ordinance to regulate the possession, storage, use, manufacture, transportation, and sale of fireworks will promote the public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.74 (Fireworks) is hereby added to Title 10 (Peace, Morals, and Safety) of the Placentia Municipal Code to be read as follows:
Chapter 10.74 Fireworks
§10.74.010 Definitions
§10.74.020 Prohibition
§10.74.030 Displays
§10.74.040 Exceptions
§10.74.050 Seizure and disposal
Ordinance No. 0-2026-06
53 §10.74.060 Penalties
§10.74.070 Responsible Party
§10.74.010 Definitions
As used in this chapter, the following terms and words shall have the following meanings:
"Dangerous Fireworks" has the same meaning as in California Health and Safety Code §12505 and includes all of the following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Any fireworks which contain any of the following:
(a) Arsenic sulfide, arsenates, or arsenites;
(b) Boron;
(c) Chlorates, except:
(i) In colored smoke mixtures in which an equal or grater amount of sodium bicarbonate is included;
(ii) In caps and party poppers;
(iii) In those small items (such as ground spinners) in which the total powder content does not exceed four grams, of which not greater than 15% (or 600 milligrams) is potassium, sodium, or barium chlorate;
(d) Gallates or gallic acid;
(e) Magnesium (magnesium -aluminum alloys, called magnalium, are permitted);
(f) Mercury salts;
(g) Phosphorous (red or white except that red phosphorous is permissible in caps and party poppers);
(h) Picrates or picric acid;
(i) Thiocyanates;
(j) Titanium, except in particle size greater than 100 -mesh; (k) Zirconium.
Firecrackers;
Skyrockets and rockets, including all devices which employ any combustible or explosive material, and which rise in the air during discharge; Roman candles, including all devices which discharge balls of fire into the air;
Chasers, including all devices that dart or travel about the surface of the ground during discharge;
Sparklers more than ten inches in length or one-fourth of one inch in diameter;
Fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto- foolers, cigarette loads, exploding golf balls, and trick matches; Ordinance No. 0-2026-06
54 (8) Fireworks known as "devil -on -the -walk," or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to applicable law;
(9) Torpedoes of all kinds which explode on impact;
(10) Fireworks kits;
(11) Any other fireworks examined and tested by the State Fire Marshal and determined by him or her, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
"Exempt Fireworks" has the same meaning as in California Health and Safety Code §12508 and means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial or agricultural use, or to religious ceremonies when authorized by a permit granted by the authority having jurisdiction. "Fire Chief" or "Chief" means the Fire Chief of the City of Placentia or his or her authorized representative.
"Fireworks" has the same meaning as in California Health and Safety Code §12511 and means any device containing chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "Fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, Roman candles, model rockets, rockets, Daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs and firework kits.
"Firework Kits" has the same meaning as in California Health and Safety Code §12512 and means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance, and that when assembled would come within the definition of fireworks. "Public Display of Fireworks" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks.
"Pyrotechnic Operator" means any licensed pyrotechnic operator who, by examination, experience and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted. "Pyrotechnic Special Effects Material" means a low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment productions for which a permit from the chief is required for use or storage.
Ordinance No. 0-2026-06
55 "Responsible Party" means those person or persons who are responsible for any violation of this Chapter as further set forth in Section §10.74.070. "Safe and Sane Fireworks" has the same meaning as in California Health and Safety Code §12529 and means any fireworks which do not come within the definition of dangerous fireworks or exempt fireworks.
"Social Host" means a person or persons with a right of possession of the residence or other private property at which illegal fireworks are sold, offered to be sold, possessed, stored, used, ignited or discharged including but not limited to: (a) any owner of the residence or other private property - meaning the record owner of the title to property as of the time of the possession, storage, sale, use, ignition or discharge, wherever that person or entity resides at that time; (b) a tenant or lessee of the residence of other private property at the time when the illegal fireworks are possessed, stored, sold, used, ignited, or discharged; (c) the person(s) in charge of the residence or other private property at the time when illegal fireworks are possessed, stored, sold, used, ignited or discharged; (d) the person(s) who organizes supervises, officiates, conducts or controls the gathering or any other persons(s) accepting responsibility for such gatherings where illegal fireworks are possessed.
§10.74.020 Prohibition
(1) General prohibition. Pursuant to Section 18.04.050 of this Code, no person shall possess, keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport any fireworks, dangerous fireworks, or safe and sane fireworks, except in a public display pursuant to a permit obtained under the provisions of the Cal. Health and Safety Code §§ 12640 through 12654 and this Chapter. (2) Manufacturing prohibited. The manufacturing of fireworks, dangerous fireworks, or safe and sane fireworks within the City is prohibited. (3) Pyrotechnic special effects material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. Applications for such permits shall be submitted to the Fire Chief and the Chief of Police. A permit shall be granted only to a State Fire Marshall licensed pyrotechnic operator. §10.74.030 Displays
(1) Permit required. A permit is required to conduct a public display of fireworks.
Applications for such permits shall be submitted to the Fire Chief and the Chief of Police no fewer than thirty (30) days prior to the scheduled date of the display. The permit application shall include, at a minimum, a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged and the fallout zone and areas; details and list of any aerial devices utilized, including shell size and effect; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telephone lines Ordinance No. 0-2026-06
56 and other overhead obstructions. At the time of permit application, the Fire Chief shall determine the requirements for standby fire apparatus.
(2) Supervision. A public display of fireworks shall be under the direct supervision of a pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of a display related to pyrotechnics.
(3) Bond required. The permitee shall furnish a bond and/or certificate of insurance, in the discretion of Risk Management, and in an amount deemed adequate by the Risk Management for the payment of damages which could be caused either to a person or persons or to property by reason of the permitted display and arising from acts of the permitee, agents, employees, or subcontractors. The City shall be named as the beneficiary under any bond and as an additional insured under any required insurance. §10.74.040 Exceptions
Nothing in this Chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, for signal or ceremonial purposes in athletics or sports, or for use by military organizations.
§10.74.050 Seizure and disposal
(1) The Fire Chief, the Chief of Police and their authorized representatives are authorized to enforce the provisions of this Chapter.
(2) The Fire Chief, the Chief of Police and their authorized representatives shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks. The Fire Chief, the Chief of Police and their authorized representatives may charge any person whose fireworks are seized pursuant to this section, a reasonable amount which is sufficient to cover the cost of transporting, storing, handling, and disposing of the seized fireworks.
(3) The City and its authorized representatives may utilize the procedures set forth in § 10.74.060 and other remedies legally available to it to enforce this Chapter. §10.74.060 Penalties
(1) A Responsible Party and/or any person who violates any provision of this Chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $500 nor more than $1,000, by imprisonment in the county jail for a period not exceeding one year, or by both fine and imprisonment.
(2) Upon any second or subsequent conviction of the offense, the Responsible Party and/or person shall be punished by the penalties of a fine of $1,000 and by imprisonment in the county jail for one year.
Ordinance No. 0-2026-06
57 (3) A Responsible Party and/or person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this Chapter.
(4) Nothing in this Chapter shall be intended to limit any of the penalties provided under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, and/or transportation of dangerous fireworks. §10.74.070 Responsible Party
(1) Every parent, guardian or other person, having the legal care, custody or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this Chapter, is also in violation of this Chapter addition to any penalty that may be issued to the offending minor.
(2) Any property owner or person in control of property who has knowledge of a person selling, using, discharging, possessing fireworks, or providing fireworks to a minor on the property owned by such person or under such person's control, shall be in violation of this Chapter.
(3) It is unlawful for any Social Host to allow, by invitation or consent, which consent may be implied given surrounding facts and circumstances such as repeated violations, any violation of this Chapter to occur without first obtaining all required permits and licenses. Such violation subjects any and all Social Host(s) to strict liability for penalties imposed for violation(s) of this section.
(4) A Social Host need not be present at the time illegal fireworks are possessed, stored, sold, used, ignited or discharged for the City to impose penalties. Prior knowledge of the possession, storage, sale, use, ignition or discharge is not a pre -requisite to a finding that any specific individual is a Social Host as defined by this section.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is held invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 3. This matter is exempt from the California Environmental Quality Act ("CEQA") because it is not a project as defined in CEQA Guidelines section 15378(b)(5) and pursuant to the common sense exemption section 15061(b)(3) since it can be seen with certainty that this action will not have a significant impact on the environment.
SECTION 4. This Ordinance shall take effect thirty (30) days following its adoption.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law.
Ordinance No. 0-2026-06
58 INTRODUCED at a regular meeting of the City Council of the City of Placentia held on April 21, 2026.
PASSED, APPROVED AND ADOPTED this 5th day of May 2026.
Chad P. Wanke, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Placentia, held on the 21st day of April 2026, and was finally adopted at a regular meeting held on the 5th day of May 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Ordinance No. 0-2026-06
59 3;kc,25,Eggolk
Agenda Item No: 1.g
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: May 5, 2026
Submitted by: Matthew Di Mario
From: Public Works
Subject:
APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE YORBA LINDA
WATER DISTRICT
Financial Impact:
None.
Summary:
This proposed Memorandum of Understanding (MOU) is with the Yorba Linda Water District (YLWD). The purpose is to specify certain practices, protocols, and procedures to streamline each Party's projects, minimize delays, and resolve in advance any questions regarding permitting, fees, and approvals to the extent possible.
Some key areas of this MOU include coordination between parties on paving and roadway projects, annual permit requirements, notification of private development projects that will require services from YLWD, and the use of YLWD facilities for Police and Fire/Life Safety Department training. On March 10, 2026, this item was presented to the Sewer Utility, Refuse, and Recycling Committee (Committee), and the Committee recommends the approval and adoption of this MOU between YLWD and City of Placentia.
Recommended Action:
It is recommended that the City Council:
1. Approve the Memorandum of Understanding between Yorba Linda Water District and City of Placentia; and
2. Authorize the City Administrator to execute all necessary documents, in a form approved by the City Attorney.
Strategic Plan Statement:
This item aligns with Strategic Goal 5: Organizational Excellence, to cultivate a high - performing, well-run organization that delivers exceptional service and operates with transparency, accountability, honesty, and integrity.
Discussion:
The Yorba Linda Water District (YLWD) provides water and sewer services to residents and businesses in most of Yorba Linda and portions of Placentia, Brea, Anaheim, and in areas of unincorporated Orange County. In the City of Placentia (City), their service areas are with the 60 eastern parts of the City. The City and the YLWD have a long history of mutual courtesy, cooperation, and accommodation. This is demonstrated in prior and present agreements such as the Billing Services Agreement dated July 18, 2005, and amended on July 9, 2019; and in a Reimbursement Agreement Regarding Adjustment of YLWD Facilities, dated November 10, 2022 and amended on February 17, 2026. In addition to these current agreements, the City uses YLWD facilities for law enforcement training.
This Memorandum of Understanding (MOU) between the City and YLWD is to specify certain practices, protocols, and procedures to streamline each Party's projects, minimize delays, and resolve in advance any questions regarding permitting, fees, and approvals to the extent possible. Some key areas of this MOU include coordination between parties on paving and roadway projects, annual permit requirements, notification of private development projects that will require services from YLWD, and the use of YLWD facilities for Police and Fire/Life Safety Department training.
This MOU was presented before the Sewer Utility, Recycling, and Refuse Committee (Committee) on March 10, 2026. From this meeting, the Committee recommends this MOU for City Council approval and adoption.
Financial Summary:
There is no fiscal impact associated with the recommended action.
Attachments
Attachment 1 - MOU with YLWD
61 MEMORANDUM OF UNDERSTANDING
BETWEEN YORBA LINDA WATER DISTRICT AND
CITY OF PLACENTIA
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into this 5th day of May 2026, by and between the YORBA LINDA WATER DISTRICT, a local public agency, created and operating under authority of Division 12 of the California Water Code ("YLWD") and the CITY OF PLACENTIA, a California municipal corporation and charter city ("City") (collectively referred to as "Parties" or individually as a "Party").
RECITALS
A. YLWD and City have a long history of mutual courtesy, cooperation, and accommodation as demonstrated in (1) prior and presently effective agreements such as (a) the Billing Services Agreement dated July 18, 2005, and amended on July 9, 2019, which remains in effect; and (b) a Reimbursement Agreement Regarding Adjustment of YLWD Facilities dated November 10, 2022, and any subsequent renewals or amendments thereto, which also remains in effect; and (2) the City's ongoing use of YLWD facilities for law enforcement training; among other activities.
B. YLWD's water and sewer service areas include significant portions of the City and the Parties desire to make this MOU effective as to those areas where the YLWD services areas and the City's service areas overlap.
C. Nothing in this MOU shall terminate or otherwise impact any other agreements or arrangements between the Parties, specifically including those noted above, unless specifically outlined herein.
D. YLWD and City desire to continue to work together with a heightened spirit of courtesy, cooperation, and accommodation and a recognition that the Parties each serve much of the same population and community.
E. Both Parties anticipate future and current projects that may affect the other which underscores the need for the Parties to work together for the benefit of the community they jointly serve.
F. The Parties desire to set forth certain practices, protocols, and procedures to reach mutual understanding on the issues set forth below, streamline each Party's projects, minimize delays, and resolve in advance any questions regarding permitting, fees, and approvals to the extent possible.
NOW, THEREFORE, in consideration of the matters recited above, the Parties hereby commit to the following:
1. Construction of Water/Wastewater Facilities. The Parties each specifically acknowledge the provisions of California Government Code §53091 with respect to the MOU Between YLWD and City of Placentia 1 of 6
62 applicability of the City's building and zoning laws in connection with YLWD's construction of water/wastewater facilities.
2. Coordination of YLWD Proiects. YLWD will make every reasonable effort not to disturb recently paved surfaces. YLWD will continue to coordinate with City on planned projects requiring disturbance of paved surfaces and to coordinate paving schedules to consider planned YLWD water and sewer improvement projects. Any disturbance of recently paved surfaces shall be subject to typical City pavement moratorium requirements.
3. Coordination of Paving/Roadway Proiects. In order to avoid unnecessary disturbance of paved surfaces, City and YLWD will make best efforts to coordinate paving/road projects. City will make every effort to give YLWD as much advance notice of these projects as is reasonably possible such that YLWD would be able to exercise/replace/maintain valves and/or install needed water/sewer facilities in advance of such projects with the intent to avoid disturbing the pavement for emergency repairs as much as possible.
4. New Water Main Installation. Backfill for all new water line installations shall follow these requirements: Trenches shall be backfilled with crushed aggregate base compacted to 95% or 1 -sack sand cement slurry. Pavement section shall comply with City standard Trench Backfill and Pavement detail. All pipe bedding requirements shall be according to YLWD Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities.
5. Annual Permit; Inspection; and Remedy for Failed Patching. a. Annual Permit. City will issue an annual permit to YLWD for pavement patching/repair with one permit number to be used on all repair work for the annual permit period starting on July 1st of each year and expiring on June 30th of the following year. YLWD agrees to provide extended slurry in moratorium areas as deemed appropriate by the City Engineer, in addition to typical City pavement moratorium requirements. In areas where the edge of trench repair areas are within 3'-6" of adjacent concrete gutter, YLWD agrees to extend limits of the asphalt grind overlay to the nearest concrete edge.
b. Temporary Asphalt Repairs for Unplanned Work. YLWD will provide a list to the City of all new patches from the previous week every Monday for the purpose of inspection. In the event that any temporary YLWD pavement patch should fail, City will notify YLWD of such failure as soon as possible, and YLWD will repair the failure within 24 hours. c. Permanent Asphalt Repairs for Planned Work. Permanent asphalt repairs shall be completed within a reasonable time following completion of the work for any repair work. As a condition of the permit for permanent asphalt repairs, YLWD will submit the following to City for review: 1) MOU Between YLWD and City of Placentia 2 of 6
63 location, 2) limit/scope of work, and 3) proposed traffic control prior to YLWD contracting for repair work. City will provide a response and summarize any requirements. YLWD, its contractor(s) and any subcontractor(s) completing such repair work, shall provide to City policies of insurance in an amount and form acceptable to the City that list the City as an additional insured.
For these permanent asphalt repair locations, YLWD agrees to provide a warranty for any failed patches and/or trenches installed by YLWD or its contractors until such time as the City repaves the street in accordance with its normal paving schedule. However, should pavement failure occur in any previously trenched areas, YLWD agrees to repair for up to one (1) year following the repair. YLWD will endeavor to repair any such failed patches and/or trenches within a reasonable timeframe. The City may request, for any permanent asphalt repair location, compaction reports demonstrating compliance with City requirements. Should any of these locations not meet City requirements, they will be repaved to City standards.
6. Plaster Disposal. City will make reasonable efforts to notify YLWD anytime a permit is issued for the construction, repair, rehabilitation, re -plastering, or other activity regarding swimming pools, ponds, fountains, or other features where plaster disposal is required. Notice is not necessary for re-plaster/re-model work on any existing pool, spa or any water feature less than 18" deep and requiring no electrical and for which no permit is required to be issued. Notice would only be necessary for projects within the YLWD service area or which feed into the YLWD sewers.
7. Food Service Establishment. For projects within the YLWD service area, the City will make reasonable efforts to notify YLWD anytime a permit or other entitlement is issued for a food service establishment so that YLWD may ensure proper sewer source control of fat, oils and grease. YLWD shall provide the City and the applicant with YLWD's requirements for Fat, Oil and Grease (FOG) disposal. Such requirements shall be incorporated into the food service plans prior to building permit issuance. The City shall require written approval from YLWD, by way of a signed and dated letter that is emailed to the City and the applicant, prior to completion of plan check and before permit issuance.
City shall also direct the applicant to YLWD to obtain a FOG permit.
8. Fire Sprinklers. For projects within the YLWD service area, the City will make reasonable efforts to notify YLWD anytime a permit is issued for fire sprinklers in a structure so that YLWD may ensure that proper backflow prevention is in place.
9. Police and Fire/Life Safety Use of Facilities for Training. YLWD agrees to allow the City's Police Department and/or Fire/Life Safety Department to use its facilities for training purposes in a manner that does not disrupt YLWD regular business activities or cause damage to YLWD's property or infrastructure. The City shall be responsible for ensuring that all training activities are conducted safely and in accordance with applicable laws and regulations. YLWD assumes no liability for, and the City shall defend and indemnify YLWD for any third -party liability against YLWD regarding any injuries, damages, or claims arising from the use of YLWD facilities by the City's personnel, unless such injury, damages or claims are caused by YLWD's actions. The City shall be solely MOU Between YLWD and City of Placentia 3 of 6
64 responsible for any damages to YLWD property resulting from the City's use and shall be required to restore or repair any affected areas to their original condition.
10. Private Development and Accessory Dwelling Units (ADUs). City will make its best effort to notify YLWD of applications received for any additions/modifications that involve plumbing modifications. This includes, but is not limited to, new development, room additions, space conversions, changes in property use, new construction of an accessory dwelling unit or junior accessory dwelling unit, meter changeouts or upsizing within the YLWD service area.
11. Easements. City and YLWD each have numerous easements and access rights throughout the City. The Parties will each make reasonable efforts to ensure that such easements are not encroached upon by each other or third parties. To accomplish this, the Parties will provide information (i.e., GIS layer[s]) showing the locations of their respective easements for review and consideration, along with additional GIS layers showing storm drains, waterlines and sewers within the YLWD service area, relative to City or YLWD projects. This information also will be reviewed prior to issuance of any third -party construction permit(s). When, based on the provided easement information, it is evident that a proposed City or YLWD project would conflict with easements held by either Party, the constructing Party will confer with the other Party to obtain encroachment authorization at the earliest possible timeframe, but prior to commencement of any work on the project that would cause such encroachment. The Parties agree to provide responses to each other's requests for review and/or for encroachment authorization in a timely manner and in accordance with a Party's encroachment policy, if any. When, based on the provided easement information, it is evident that proposed third -party project construction would conflict with easements held by either City or YLWD, the permitting agency (either City or YLWD, as applicable) will withhold issuance of applicable permit(s) until such encroachment has been authorized by the easement holder. In such instances, third -party project proponents shall be referred to applicable easement holder (either City or YLWD) to obtain encroachment authorization. Third -party project proponents shall provide written proof of such encroachment authorization by easement holder to permitting agency prior to permitting agency issuance of applicable permit(s). Although the Parties seek in good faith to assist each other with identifying and avoiding potential conflicts with easements held by either Party, each Party ultimately is responsible for preserving its own easement rights. Finally, to facilitate the foregoing efforts, the Parties will make their best efforts to provide up-to-date and accurate information to each other regarding existence and location of respective easements.
12. Waiver of Fees. The Parties each agree to waive any fees for services in connection with any aspect of a Parties' project, including but not limited to, reviews, permits, inspections, design review, and the like. This does not include charges for water and sewer use/service, frontage fees and capacity fees other than charges waived pursuant to other existing agreements or arrangements between the Parties.
Notwithstanding the waiver of said fees, the City and YLWD shall reimburse each other for actual labor and material costs incurred for work performed as requested by either Party. The fee waiver herein only applies to public projects of the City or YLWD and not private projects in which the City or YLWD perform work for a private party or perform work that is a condition on a private development project.
MOU Between YLWD and City of Placentia 4 of 6
65 13. Cooperation to Effectuate Projects. The Parties agree to cooperate in the preparation of such permits, plans, surveys, documents, or other materials necessary to effectuate a project.
14. Meet and Confer. In the event that an issue arises that is not contemplated by this MOU, then the Parties agree to meet and confer on such issue and make a good faith effort to resolve the issue at the staff level.
15. Approval of this MOU. The Parties each understand and agree that this MOU shall be subject to the approval of the Board of Directors of YLWD and the City Council of the City.
16. Party Ordinances or Policies. Except for Section 12 (Waiver of Fees), this MOU does not amend or supplement any existing or future Party ordinance, policy, or legal requirement that addresses subject matter in this MOU. If any language in this MOU conflicts with language in a Party ordinance or policy, the ordinance or policy shall prevail.
17. No Monetary Damages. The intent of this MOU is to coordinate activities of government agencies serving the same geographic region. In no event shall either Party be entitled to monetary damages of any kind from the other Party, including, without limitation, damages for economic loss, lost profits, or any other economic or consequential damages of any kind for any alleged default or breach of this MOU.
However, the duty for a Party to indemnify, hold harmless or defend the other Party as required by any permit or other grant of authority by one Party to the other remains valid and is not extinguished by this MOU.
18. Termination. Either Party may terminate this MOU upon 30 days written notice to the other Party addressed to the City Administrator/General Manager of the Party at the principal business office of the Party.
19. No Impact on Prior Agreements/Compliance with Law. Nothing in this MOU terminates or otherwise impacts any other agreements or arrangements between the Parties unless specifically included within this MOU. All obligations within this MOU are to be interpreted and undertaken in compliance with all applicable local, state and federal laws. To the extent such local, state or federal laws are amended, this MOU is to be interpreted and obligations undertaken in compliance with such amended laws without need of amending this MOU.
MOU Between YLWD and City of Placentia 5 of 6
66 YORBA LINDA WATER DISTRICT
By By
Tom Lindsey, President Mark Toy, General Manager
APPROVED AS TO FORM ATTEST
By By
Andrew B. Gagen, Esq., General Counsel Annie Alexander, Board Secretary Kidman Gagen Law LLP
CITY OF PLACENTIA
By By
Chad P. Wanke, Mayor Jennifer Lampman
City Administrator
APPROVED AS TO FORM ATTEST
By
Christian L. Bettenhausen, Esq,
City Attorney
By
Robert S. McKinnell
City Clerk
MOU Between YLWD and City of Placentia 6 of 6
67 3;kc,25,Eggolk
Agenda Item No: 1.h
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: May 5, 2026
Submitted by: Ontoine Lewis
From: Public Works
Subject:
AWARD OF CONTRACT TO HOUSTON AND HARRIS INC. FOR SEWER MAINTENANCE
SERVICES
Financial Impact:
EXPENSE: $384,236.20 TOTAL COST FOR SERVICES (402-80600-6001) Summary:
The City's current Agreement for sewer maintenance services expired on May 4, 2026. The City issued a Notice Inviting Bids for these services on April 9, 2026, and bids were received on April 23, 2026, from five (5) contractors. The lowest responsive and responsible bid was received from Houston and Harris PCS, Inc. ("Houston and Harris"). This action will award a three-year agreement to Houston & Harris for sewer maintenance services as directed by the City in an amount not to exceed $384,236.20 per year or a cumulative three-year contract for an amount not to exceed $1,152,708.60. The term of the agreement is three (3) years, with the option to extend it for one (1) two-year term, based on contractor performance and at the City's discretion.
Recommended Action:
It is recommended that the City Council:
1. Approve a Professional Services Agreement with Houston and Harris PCS, Inc. for sewer maintenance services in an amount not -to -exceed $384,236.20 per year for an initial three (3) year contract term with the option to extend for one (1) additional two- year term; and
2. Authorize the City Administrator and/or her designee to execute all necessary documents, in a form approved by the City Attorney; and
3. Authorize the City Administrator to approve contract amendments up to 10% of the initial three-year contract amount, or $115,270.86; and
4. Authorize the City Administrator to approve the eligible contract term extension based upon contractor performance and at the discretion of the City.
Strategic Plan Statement:
Awarding this contract aligns with Strategic Goal No. 3: Infrastructure, Facilities & Public Spaces by maintaining our public facilities.
Discussion:
68 The City currently uses a contractor to provide sewer cleaning and sewer line closed-circuit television (CCTV) services throughout the City's sewer utility system. The contractor shall serve on an on-call basis and the service contract scope of work includes the annual flushing of 372,246 linear feet of sewer lines, CCTV inspection of interior sewer lines, and after-hours emergency response. The current agreement expires on May 4, 2026. Prior to that, staff issued a Notice Inviting Bids on April 9, 2026 to continue providing these services. On April 23, 2026, the City received five (5) bids from contractors qualified to provide these services. The following provides the bid amounts received from each contractor:
1. Houston and Harris: $384,236.20
2. Empire Cleaning: $439,871.38
3. Mattucci Plumbing Incorporated: $613.647.47
4. Downstream Services: $729,716.88
5. Pipe Tech Inc.: $792,131.00
Houston and Harris have provided sewer maintenance services to Placentia for the past ten (10) years and has performed exceptionally throughout their contract. Additionally, Houston and Harris provide sewer maintenance services to several other Orange County cities, including Newport Beach, Orange, Santa Ana, and Buena Park. Based upon Houston and Harris's extensive experience, prior success in delivering these services to Placentia, and the bid amount received, Houston and Harris has been identified as the lowest responsive and responsible bidder. As such, Staff recommends awarding a contract to Houston and Harris for these services.
Financial Summary:
The agreement with Houston and Harris is for an annual not -to -exceed amount of $384,236.20. The term of the agreement is for three (3) years for a cumulative three-year not - to -exceed contract amount of $1,152,708.60 with the option to extend for one (1) additional two-year term based upon contractor performance and at the discretion of the City. Funding for sewer maintenance services has been approved in the Fiscal Year 2025-26 Operating Budget, with $285,500 allocated to the Sewer Maintenance Account No. 402-80600-6001. No General Fund dollars will be utilized for these services.
Attachments
Houston and Harris Sewer Agreement 2026.pdf
69 CITY OF PLACENTIA
MAINTENANCE SERVICES AGREEMENT
WITH
HOUSTON AND HARRIS PCS, INC
THIS AGREEMENT is made and entered into this 5th day of May, 2026 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and Houston and Harris PCS, INC, a California corporation ("Contractor").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Contractor as an independent contractor to provide sewer maintenance and inspection services, as more fully described herein; and
B. WHEREAS, Contractor represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Contractor desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties, and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide the professional services described in Contractor's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor's performance of this Agreement. Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this Section.
1.3. Performance to Satisfaction of City. Contractor agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
70 (a) Meet with Contractor to review the quality of the work and resolve the matters of concern;
(b) Require Contractor to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship.
Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Contractor shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Contractor may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Contractor's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Contractor may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Contractor in the course of their duties may have 2 HOUSTON AND HARRIS PCS, INC
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access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Contractor shall be paid in accordance with the fee schedule set forth in Exhibit "A". Contractor's total compensation shall not exceed Three Hundred Eighty -Four Thousand, Two Hundred Thirty -Six Dollars and Sixty Cents ($384,236.60) annually, or a cumulative amount of One Million, One Hundred Fifty -Two Thousand, Seven Hundred Eight Dollars and Sixty Cents ($1,152,708.60), unless authorized herein.
2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in the Contractor's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "Scope of Services", an additional fee based upon the Contractor's standard hourly rates shall be paid to the Contractor for such additional services. Such increase in additional fees shall be limited to 10% of the total contract sum. The City Administrator is authorized to approve a Change Order for such additional services. Where the original contract is $40,000.00 or less, City Council approval shall be required prior to any increase bringing the total compensation to more than $40,000.00.
2.3. Method of Billing. Contractor may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Contractor's services which have been completed to City's sole satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A". The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3 HOUSTON AND HARRIS PCS, INC
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3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Contractor is encountered, a time extension may be mutually agreed upon in writing by the City and the Contractor. The Contractor shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on May 31, 2029 unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Contractor, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any
indebtedness under this Agreement;
e. Suffer any judgment against it to remain
for thirty (30) days or longer; or
f. Institute or suffer to be instituted any
rearrangement of its affairs.
4 obligation or payment of any
unsatisfied or unbonded of record
procedures for reorganization or
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4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.
In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development, and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City's sole risk and without liability or legal expense to Contractor.
5.0. INSURANCE
5.1. Insurance. The Contractor and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, insurance as set forth in Exhibit "B" attached hereto and incorporated herein by this reference.
Neither the City nor any of its officers, officials, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Contractor under this Agreement are adequate to protect Contractor. If Contractor believes that any such insurance coverage is insufficient, Contractor shall provide, at its own expense, such additional insurance as Contractor deems adequate.
5.2. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.3. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements, in a form and content approved by City, prior to performing any services under this Agreement.
The certificates of insurance and endorsements shall be attached hereto as Exhibit "C" and incorporated herein by this reference.
5.4. Non -limiting.. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the 5 HOUSTON AND HARRIS PCS, INC
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parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. It shall be the Contractor's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Contractor without the express written approval by the City. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence, or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONTRACTOR:
Houston and Harris PCS, Inc.
1655 Riverview Dr
San Bernardino, CA, 92408
Tel: 909-622-8990
Attn: Larry Houston
General Manager
IF TO CITY:
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
Tel: 714-993-8212
Attn: Ontoine Lewis
Public Works Manager
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
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6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Contractor agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement.
Regardless of City's consent, no subletting or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Consultant's sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits or other legal proceedings brought against the City, its officers, officials, agents, employees, and volunteers arising out of or in any way connected with the performance of the Consultant, its employees, and/or authorized subcontractors' work undertaken pursuant to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Consultant, its employees and/or subcontractors. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable, and whether or not there is any evidence of fault or wrongdoing by the Consultant, its employees and/or its subcontractors. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Contractor shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Contractor shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of 7 HOUSTON AND HARRIS PCS, INC
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Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Contractor's performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information, and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files, and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor.
Contractor shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes, or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Contractor or Contractor's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, 8 HOUSTON AND HARRIS PCS, INC
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in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Contractor and its officers, employees, associates, and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Contractor and its officers, employees, associates, and subcontractors shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates, or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant's duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.
Consultant's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement.
6.15. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable:
This Agreement, the City's Request for Proposals, the Contractor's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
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6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Jennifer Lampman, City Administrator
10 Date:
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ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
CONTRACTOR:
Signature
Larry Houston, President
Name and Title
460495452
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Cyndi Alvarenga, Risk Management Analyst
APPROVED AS TO CONTENT:
Ontoine Lewis, Project Manager
DEPARTMENTAL APPROVAL:
Chris Tanio, Director of Public Works
11 Date:
Date:
Date:
Date:
Date:
4/29/2026
(HOUSTON AND HARRIS PCS, INC
Rev. 01/2024
EXHIBIT A
CONTRACTOR'S PROPOSAL AND SCOPE OF WORK
12 HOUSTON AND HARRIS PCS, INC
Rev. 01/2024 81
SECTION C
PROPOSAL
for the
SEWER MAINTENANCE SERVICES
in the
CITY OF PLACENTIA
TO THE HONORABLE MAY AND MEMBERS OF THE COUNCIL OF
PLACENTIA:
In compliance with the Notice Inviting Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the Scope of Work as described in the bid documents. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Placentia, and to enter into a contract at the following prices. Contractor shall perform all work under this contract for a period of 60 months starting from the day indicated in the Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents.
If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City at the prices set forth in the Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to City of the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fess, etc., and will be guaranteed for a period of 90 days from the bid opening date. If at such time the contract is not awarded, the City will reject all bids and will re -advertise the project.
In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.
Page C-1
If awarded the contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the City's Notice of Award of Contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the City and this bid and the acceptance hereof may, at the City's option, be considered null and void.
Accompanying this proposal is Bidder's Bond
in the amount of $ 10% in dollars, which said amount is not Tess than 10% of the aggregate of the total bid price, as required by Notice Inviting Bids, payable to the City. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be.)
Bidder shall signify receipt of all Addenda here, if any:
Addenda No.
Date Received
Q and A Set 1 4/20/2026
Siphon Info 4/20/2026
Page C-2
Bidder's Signature
City of Placentia
California
PROPOSAL
FOR
SEWER MAINTENANCE SERVICES
BID SHEET
UNIT OF EST. UNIT ITEM
NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST
1. Sewer Line Cleaning LF 372,246 $ .66 $ 245,682.36
2. CCTV Inspection LF 50,000 $ .98 $ 49,000.00
After- Hours Emergency
3°Response HR 150 $ 445.00 $ 67,750.00
Quarterly Cleaning of
4•Enhance Areas LF 23,754 $ 96 $ 22,803.84
TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES):
$ 384,236.20
Total Bid Price in Numbers
Three Hundred Eighty-four Thousand Two Hundred Thirty Six and 20/100 Total Bid Price in Written Form
IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL.
NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the right to reject all bids and re -advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract.
The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents.
Legal Business Name of Bidder
Houston & Harris PCS Inc.
Business Address PO Box 10367 San Bernardino, CA 92423
Business Tel. No.
909-422-8990
Page C-3
Signature
Signature
Date
Date
/22/2026
President
Title
Title
Signature Date Title
If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint venturers or of fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors.
Page C-4
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Bernardino
On April 22, 2026
before me, Shivon Constantine, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Larry Houston
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
IF
SHIVON CONSTANTINE
Notary Public - California
San Bernardino County T.
Commission # 2418184
My Comm. Expires Sep 24, 2026
•
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
O Individual 0 Attorney in Fact
❑ Trustee 0 Guardian or Conservator
❑ Other:
Signer is Representing:
©2019 National Notary Association
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 0 Limited 0 General
❑ Individual 0 Attorney in Fact
❑ Trustee 0 Guardian or Conservator
❑ Other:
Signer is Representing:
$t :i orng.v%iR-iF:r r; i;+.'.r cvy;•7.." 'L:s:Y?•;a'•;:... ......,
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Houston & Harris PCS Inc.
Bidder Name
PO Box 10367
Business Address
San Bernardino, CA 92423
City,
( 909 ) 422-8990
Telephone Number
State Zip
884167, A Haz
State Contractor's License Number and Class
C61 /D38
Supplemental License Classification(s)
1000003580- 6/30/2027
DIR Registration Number and Expiration Date
The work site was inspected by Brad Houston
2026.
of our office on April 17
The following are persons, firms, and corporations having a principal interest in this proposal:
Page C-5
The undersigned is prepared to satisfy the Council of the City of PLACENTIA of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth.
Houston & Harris PCS Inc.
Company Name
,e -,...7 -
Signature of Bidder
Larry Houston
Printed or Typed Signature
Subscribed and sworn to before me this day of , 2024.
NOTARY PUBLIC
Page C-6
NOTARY SEAL
CALIFORNIA JURAT GOVERNMENT CODE § 8202
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Bernardino
SHIVON CONSTANTINE
Notary Public - California
San Bernardino County
+ Commission # 2418184
Fo '� My Comm. Expires Sep 24, 2026
Subscribed and sworn to (or affirmed) before me on
this 22 day of April , 20 26 , by
Date Month Year
(1) Larry Houston
(and (2)
Name(s) of Signer(s)
proved to me on the basis of satisfactory evidence to
be the person(s) who appeared before me.
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
A .fin
i{1i'We?:`fr'ii_ �;•'yY,.' T`a+:F i 9 "44 .1 ;
©2019 National Notary Association
Number of Pages:
�`•'+i s: rat}. Vigo,VaC
),
Listed below are the names, address and telephone numbers for three references, public or private, for which the bidder has performed similar work within the past two years:
1. City of Santa Ana
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
Jose Medina, 714-647-3561
$800,000.00 Hydro -Clean and CCTV Inspection of Sanitary Sewer System Ongoing Contract Amount
Type of Work Date Completed
2. Coachella Valley Water District
Name and Address of Public Agency
Name and Telephone No. of Project Manager: Nahum Padilla, 760-398-2661 X 3608 $446,445.00 Hydro -Clean and CCTV Inspection of Sanitary Sewer System Ongoing Contract Amount Type of Work Date Completed
3. City of Corona
Name and Address of Public Agency
Name and Telephone No. of Project Manager:
$1,250,000.00 Hydro -Clean and CCTV Inspection of Sanitary Sewer System Ongoing Contract Amount Type of Work Date Completed
David Ortiz- 951-992-8633
Page C-7
LIST OF SUBCONTRACTORS
0)
In accordance with Public Contract Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor.
Portion
of Work
Name and Address of Subcontractor
No Subcontractors
DIR
State License Class Registra-
Number tion
Number
By submission of this proposal, the Bidder certifies:
1. That he/she is able and will perform the balance of all work, which is not covered in the above subcontractors listing.
2. That the CITY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor(s) for this project.
Page C-8
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
Larry Houston , being first duly sworn, deposes and says that he or she is President of Houston & Harris PCS Inc. the
party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Larry Houston- Houston & Harris PCS Inc.
Name of Bidder
Signature of Bidder
PO Box 10367 San Bernardino, CA 92423
Address of Bidder
Subscribed and sworn to before me this 22 day of April
NOTARY PUBLIC
Page C-9
, 2026
NOTARY SEAL
CALIFORNIA JURAT
GOVERNMENT CODE § 8202
:.b•^r ., . .. „ ii . ..r:i*f' r::Y: .. .S`;u•7T:gy ::.;s:.�8� , .,.., :'ri:.., .'•:ix:a`.... .,-_.yi..ti.. .. ,8a•.:-3. . .:'?ix.. ._..,,................i•;i3.......... $..titi,v..... � r:i ..... '=i.'.. r=s •1i<sp:.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Bernardino
SHIVON CONSTANTINE
Notary Public - California
San Bernardino County T.
Commission # 2418184
My Comm. Expires Sep 24, 2026
Place Notary Seal and/or Stamp Above
Subscribed and sworn to (or affirmed) before me on
this 22 day of April , 20 26 , by
Date Month Year
(1) Larry Houston
(and (2)
Name(s) of Signer(s)
proved to me on the basis of satisfactory evidence to
be the person(s) who appeared before me.
Signature
OPTIONAL
Signature of Notary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
�t#F) iq'i�:+';Ni ia#`J.'� •'}. wi,rt•%~.i'Y�%i'••iw e,.':i-'.^. •�'si :14t3:' "...e4•iw:
©2019 National Notary Association
Number of Pages:
):
UTILITY AGREEMENT
HONORABLE MAYOR AND CITY COUNCIL
CITY OF PLACENTIA, CALIFORNIA
The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as HEATING, VENTILATION AND COOLING MAINTENANCE SERVICES, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein.
Date: 4/22/2026
Houston & Harris PCS Inc.
Contractor
By
Larry Houston, President
Title
Page C-10
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed, or otherwise prevented from bidding on or completing a Federal, State, or local government project because of a violation of law or a safety regulation?
❑ Yes ®No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire.
Page C-1 1
WORKERS COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Date: 4/22/2026
Houston & Harris PCS Inc.
Contractor
By
President
Title
Page C-12
NOTICE OF AFFIRMATIVE ACTION
By submitting a proposal on any job or entering into any contractual agreement with the City of Placentia, the undersigned agrees not to discriminate in employment decisions against any person on account of race, creed, national origin, ethnic background, color, sex, age, or handicap in performing the work required under this proposal.
ACKNOWLEDGED this _22_day of _April_, 2026, at
San Bernardino, CA
Authorize Signature
Larry Houston, President
Position
Houston & Harris PCS Inc.
Company
Page C-14
EXHIBIT B
INSURANCE REQUIREMENTS
13 HOUSTON AND HARRIS PCS, INC
Rev. 01/2024 98
EXHIBIT B
INSURANCE REQUIREMENTS
A. Minimum Scope and Limits of Insurance
City reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance, including any extension thereof, of this Agreement.
Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages:
1. Commercial General Liability Insurance
Broad -form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premises and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and personal and advertising injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
2. Business Automobile Liability Insurance
Business automobile liability for all owned, hired, leased, and non -owned vehicles at least as broad as the most current version of ISO Business Auto Coverage form CA 00 01, with a policy limit of not less than Two Million Dollars ($2,000,000.00) combined single limit per accident. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.
3. Workers' Compensation and Employer's Liability Insurance Workers' compensation insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per accident for any employee or employees of Consultant. Consultant agrees to waive and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, officials, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
By signing this Agreement, the Consultant acknowledges and agrees to the following:
99 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete workers' compensation insurance, and shall furnish a certificate of insurance to the Project Manager before execution of this Agreement by the City. The City, its officers, officials, agents, employees, and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this Section.
4. Standards for Insurance Companies
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commission to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide.
B. Documentation and Other Provisions
1. The commercial general liability insurance policy and business automobile liability policy shall be endorsed to contain the following: The City of Placentia, its officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant; and automobiles owned, leased, hired, or borrowed by the Consultant. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance at least as broad as one of the following ISO ongoing operations forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations forms:
CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.
2. Said policies shall not terminate, nor shall they be cancelled or coverage reduced, without at least thirty (30) days' written notice to the City. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any cancelled policy or reduction in the required coverage limits, the City may procure such insurance at Consultant's sole cost and expense.
3. The Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy.
4. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers. 100
5. Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement.
6. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
7. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure the City is an additional insured on insurance required from subcontractors.
8. Consultant agrees to waive, and to obtain endorsements from insurers waiving, subrogation rights against the City, its officers, officials, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their insurance policies.
9. Coverage shall be on a standard occurrence form. Claims -made forms are not acceptable, except under the Professional Errors & Omissions ("E&O") Liability policy.
Modified, limited, or restricted occurrence forms are not acceptable. 101
EXHIBIT C
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
14 HOUSTON AND HARRIS PCS, INC
Rev. 01/2024 102
4WRL
HOUS&HA-01 MAXU
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
8/27/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER License # 0C36861
Irvine - Alliant Insurance Services, Inc.
18100 Von Karman Ave 10th FI
Irvine, CA 92612
INSURED
Houston & Harris P C S Inc
PO Box 10367
San Bernardino, CA 92423
CONTACT Melissa Kaiser
NAME:
PHONE
(A/C, No, Ext):
E-MAILDSS: [email protected]
FAX
(A/C, No):
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: National Fire Insurance Company of Hartford 20478 INSURER B : Transportation Insurance Company 20494
INSURER C : Continental Insurance Company of New Jersey 42625 INSURER D : Redwood Fire and Casualty Insurance Company 11673 INSURER E : Nautilus Insurance Company 17370
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY DAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSD WVD (MM/DDIYYYYI (MM/DDIYYYYI
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR X X 7092433885
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X PRO- LOC
JECT
OTHER:
B AUTOMOBILE LIABILITY
X ANY AUTO
OWNED
AUTOS ONLY
X HIRED
AUTOS ONLY
■
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
C+ UMBRELLA LIAB X
X EXCESS LIAB
DED X RETENTION $
D WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
IfQriEonal LiaION Qt �RATIONS below
E Professional
E Pollution Liability
OCCUR
CLAIMS -MADE
0 Y/N
N
NIA
6/24/2025 6/24/2026
X
x 7092433868 6/24/2025 6/24/2026
7092433871
X HOWC627077
CPP2043967-11
CPP2043967-11
6/24/2025 6/24/2026
9/1/2025 9/1/2026
6/24/2025 6/24/2026
6/24/2025 6/24/2026
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
EBL
COMBINED SINGLE LIMIT
(Ea accident) $
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident) $
$
EACH OCCURRENCE $
AGGREGATE $
X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
Retro Date 6/24/13
Claims Aggregate Lmt
$
1,000,000
100,000
15,000
1,000,000
2,000,000
2,000,000
1,000,000
1,000,000
4,000,000
4,000,000
1,000,000
1,000,000
1,000,000
2,000,000
2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Job: Operations pertaining to the Named Insured for Certificate Holder The City of Placentia and its elected and appointed boards, officers, officials, agents, employees and volunteers are included as additional insured, primary and non-contributory, waiver of subrogation applies as respects to general liability per endorsements attached; additional insureds, waiver of subrogation applies as respects to auto liability per endorsement attached; waiver of subrogation applies as respects to workers compensation per endorsement attached.
CERTIFICATE HOLDER CANCELLATION
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
ACORD 25 (2016/03)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
© 1988-2015 ACORD CORPORATION. All rights reser
The ACORD name and logo are registered marks of ACORD
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply.
TABLE OF CONTENTS
1. Additional Insureds
2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance
3. Bodily Injury — Expanded Definition
4. Broad Knowledge of Occurrence/ Notice of Occurrence
5. Broad Named Insured
6. Broadened Liability Coverage For Damage To Your Product And Your Work
7. Contractual Liability - Railroads
8. Electronic Data Liability
9. Estates, Legal Representatives and Spouses
10. Expected Or Intended Injury — Exception for Reasonable Force
11. General Aggregate Limits of Insurance — Per Project
12. In Rem Actions
13. Incidental Health Care Malpractice Coverage
14. Joint Ventures/Partnership/Limited Liability Companies
15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control
16. Liquor Liability
17. Medical Payments
18. Non -owned Aircraft Coverage
19. Non -owned Watercraft
20. Personal And Advertising Injury — Discrimination or Humiliation
21. Personal And Advertising Injury - Contractual Liability
22. Property Damage - Elevators
23. Supplementary Payments
24. Unintentional Failure To Disclose Hazards
25. Waiver of Subrogation — Blanket
26. Wrap -Up Extension: OCIP CCIP, or Consolidated (Wrap -Up) Insurance Programs CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 104
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to:
(a) the bodily injury or property damage; or
(b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. such person or organization's financial control of a Named Insured; or
2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
B. Co-owner of Insured Premises
A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises.
C. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease.
D. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
E. Lessor of Premises
CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 105
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
F. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured.
G. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or
2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.
The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured.
H. Trade Show Event Lessor
1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by:
a. the Named Insured's acts or omissions; or
b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event.
CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 106
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard.
2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization.
3. BODILY INJURY — EXPANDED DEFINITION
Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.
4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE
Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice.
B. NOTICE OF OCCURRENCE
The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim.
5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:
3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control:
a. on the effective date of this Coverage Part; or
b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance.
But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership, limited liability company or joint venture; or CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 107
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
(b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.
For the purpose of this provision, management control means:
A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust.
4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases.
5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ.
6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following:
This insurance does not apply to:
k. Damage to Your Product
Property damage to your product arising out of it, or any part of it except when caused by or resulting from:
(1) fire;
(2) smoke;
(3) collapse; or
(4) explosion.
I. Damage to Your Work
Property damage to your work arising out of it, or any part of it and included in the products -completed operations hazard.
This exclusion does not apply:
(1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or
(2) If the cause of loss to the damaged work arises as a result of:
(a) fire;
(b) smoke;
(c) collapse; or
(d) explosion.
B. The following paragraph is added to LIMITS OF INSURANCE:
CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 108
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product -completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor.
C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy.
7. CONTRACTUAL LIABILITY — RAILROADS
With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following:
Insured Contract means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;
(2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities.
8. ELECTRONIC DATA LIABILITY
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following:
This insurance does not apply to:
p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of:
(1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
(2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property.
However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above.
B. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data.
C. The following definition is added to DEFINITIONS:
Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following:
Property damage means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or
c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it.
For the purposes of this insurance, electronic data is not tangible property.
E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit.
9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES
The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business.
10. EXPECTED OR INTENDED INJURY - EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:
CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 110
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
This insurance does not apply to:
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.
11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of:
1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and
2. All medical expenses under Coverage C,
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project.
B. All:
1. Damages under Coverage B, regardless of the number of locations or construction projects involved;
2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and
3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project,
will reduce the General Aggregate Limit shown in the Declarations.
C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project.
D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products - completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved.
E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.
F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.
12. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured.
13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:
CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and
B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to:
i. add the following to the Employers Liability exclusion:
This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:
This insurance does not apply to:
Contractual Liability
the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees.
iii. add the following additional exclusions:
This insurance does not apply to:
Discrimination
any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation.
Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.
Medicare/Medicaid Fraud
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program.
Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.
C. DEFINITIONS is amended to:
add the following definitions:
Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of:
a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.
CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 112
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required:
a. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical trials or product testing.
ii. delete the definition of occurrence and replace it with the following:
Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence;
iii. amend the definition of Insured to:
a. add the following:
• the Named Insured's employees are Insureds with respect to:
(1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and
(2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business;
when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to:
(1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and
(2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;
when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED.
D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following:
Other Insurance
b. Excess Insurance
CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 113
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage.
14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:
No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and
If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program.
15. LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED
INSURED'S CARE, CUSTODY OR CONTROL
A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following:
This insurance does not apply to:
j•
Damage to Property
Property damage to:
(1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property;
(2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises;
(3) Property loaned to the Named Insured;
(4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it.
CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 114
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE.
Paragraph (2) of this exclusion does not apply if the premises are your work.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph (6) of this exclusion does not apply to property damage included in the products - completed operations hazard.
Paragraphs (3) and (4) of this exclusion do not apply to property damage to:
i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises.
However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to:
a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft;
d. property in transit; or
e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions.
A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below.
B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following:
Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE.
C. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount.
D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following:
6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 115
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of:
a. $500,000; or
b. The Damage To Premises Rented To You Limit shown in the Declarations.
E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following:
(ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control;
16. LIQUOR LIABILITY
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability.
This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
17. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following:
7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: (aPP@@@@@(@P@@@; or (2) the amount shown in the Declarations for Medical Expense Limit.
B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and This Paragraph B. does not apply to medical expenses incurred in the state of Missouri.
18. NON -OWNED AIRCRAFT
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows:
The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following:
This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:
1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot;
2. the aircraft is rented with a trained, paid crew to the Named Insured; and
3. the aircraft is not being used to carry persons or property for a charge.
19. NON -OWNED WATERCRAFT
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following.
This exclusion does not apply to:
CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 116
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.
20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort:
• Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.
B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to:
1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:
This insurance does not apply to:
Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured; or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured.
2. add the following exclusions:
This insurance does not apply to:
Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured.
Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured.
Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.
The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from
• Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part.
This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability.
CNA74705XX (1-15) Policy No: 7092433885
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 117
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B:
1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee;
2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:
So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance.
C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part.
This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
22. PROPERTY DAMAGE - ELEVATORS
A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators.
23. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows:
A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit.
24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure.
25. WAIVER OF SUBROGATION - BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products -completed operations hazard.
CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 118
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part; and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim.
26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap- up) insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply:
A. The following wording is added to the above -referenced endorsement:
With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of:
1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor
2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures.
B. Condition 4. Other Insurance is amend to add the following subparagraph 4.b.(1)(c):
This insurance is excess over:
(c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program.
C. DEFINITIONS is amended to add the following definitions:
Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.).
Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to:
1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and
2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures).
However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons.
This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 119
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CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
All other terms and conditions of the Policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy.
CNA74705XX (1-15)
Policy No: 7092433885
Endorsement No:
Effective Date: 6/24/2025
Insured Name: Houston & Harris PCS Inc
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 120
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CNA63359XX
(Ed. 04/12)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS EXTENDED COVERAGE ENDORSEMENT
- BUSINESS AUTO PLUS -
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILITY COVERAGE
A. Who Is An Insured
The following is added to Section II, Paragraph
A.1., Who Is An Insured:
1. a. Any incorporated entity of which the
Named Insured owns a majority of the
voting stock on the date of inception of
this Coverage Form; provided that,
b. The insurance afforded by this
provision A.1. does not apply to any
such entity that is an "insured" under
any other liability "policy" providing
"auto" coverage.
2. Any organization you newly acquire or form,
other than a limited liability company,
partnership or joint venture, and over which
you maintain majority ownership interest.
The insurance afforded by this provision
A.2.:
a. Is effective on the acquisition or
formation date, and is afforded only
until the end of the policy period of this
Coverage Form, or the next anniversary
of its inception date, whichever is
earlier.
b. Does not apply to:
(1) "Bodily injury" or "property damage"
caused by an "accident" that
occurred before you acquired or
formed the organization; or
(2) Any such organization that is an
"insured" under any other liability
"policy" providing "auto" coverage.
3. Any person or organization that you are
required by a written contract to name as
an additional insured is an "insured" but
only with respect to their legal liability for
acts or omissions of a person, who qualifies
as an "insured" under Section II — Who Is
An Insured and for whom Liability Coverage
is afforded under this policy. If required by
written contract, this insurance will be
primary and non-contributory to insurance
on which the additional insured is a Named
Insured.
CNA63359XX
(Ed. 04/12)
4. An "employee" of yours is an "insured"
while operating an "auto" hired or rented
under a contract or agreement in that
"employee's" name, with your permission,
while performing duties related to the
conduct of your business.
"Policy," as used in this provision A. Who Is An
Insured, includes those policies that were in
force on the inception date of this Coverage
Form but:
1. Which are no longer in force; or
2. Whose limits have been exhausted.
B. Bail Bonds and Loss of Earnings
Section II, Paragraphs A.2. (2) and A.2. (4)
are revised as follows:
1. In a.(2), the limit for the cost of bail bonds is
changed from $2,000 to $5,000; and
2. In a.(4), the limit for the loss of earnings is
changed from $250 to $500 a day.
C. Fellow Employee
Section II, Paragraph B.5 does not apply.
Such coverage as is afforded by this provision
C. is excess over any other collectible
insurance.
II. PHYSICAL DAMAGE COVERAGE
A. Glass Breakage - Hitting A Bird Or Animal -
Falling Objects Or Missiles
The following is added to Section III,
Paragraph A.3.:
With respect to any covered "auto," any
deductible shown in the Declarations will not
apply to glass breakage if such glass is
repaired, in a manner acceptable to us, rather
than replaced.
B. Transportation Expenses
Section III, Paragraph A.4.a. is revised, with
respect to transportation expense incurred by
you, to provide:
a. $60 per day, in lieu of $20; subject to
b. $1,800 maximum, in lieu of $600.
C. Loss of Use Expenses
Copyright, CNA Corporation, 2000. Page 1 of 3
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Section III, Paragraph A.4.b. is revised, with
respect to loss of use expenses incurred by
you, to provide:
a. $1,000 maximum, in lieu of $600.
D. Hired "Autos"
The following is added to Section III.
Paragraph A.:
5. Hired "Autos"
If Physical Damage coverage is provided under
this policy, and such coverage does not extend
to Hired Autos, then Physical Damage coverage
is extended to:
a. Any covered "auto" you lease, hire, rent
or borrow without a driver; and
b. Any covered "auto" hired or rented by
your "employee" without a driver, under
a contract in that individual
"employee's" name, with your
permission, while performing duties
related to the conduct of your business.
c. The most we will pay for any one
"accident" or "loss" is the actual cash
value, cost of repair, cost of
replacement or $75,000, whichever is
less, minus a $500 deductible for each
covered auto. No deductible applies to
"loss" caused by fire or lightning.
d. The physical damage coverage as is
provided by this provision is equal to
the physical damage coverage(s)
provided on your owned "autos."
e. Such physical damage coverage for
hired "autos" will:
(1) Include loss of use, provided it is
the consequence of an "accident"
for which the Named Insured is
legally liable, and as a result of
which a monetary loss is sustained
by the leasing or rental concern.
(2) Such coverage as is provided by
this provision will be subject to a
limit of $750 per "accident."
E. Airbag Coverage
The following is added to Section III,
Paragraph B.3.:
The accidental discharge of an airbag shall not
be considered mechanical breakdown.
F. Electronic Equipment
Section III, Paragraphs B.4.c and B.4.d. are
deleted and replaced by the following:
CNA63359XX
(Ed. 04/12)
CNA63359XX
(Ed. 04/12)
c. Physical Damage Coverage on a covered
"auto" also applies to "loss" to any
permanently installed electronic equipment
including its antennas and other
accessories.
d. A $100 per occurrence deductible applies
to the coverage provided by this provision.
G. Diminution In Value
The following is added to Section III,
Paragraph B.6.:
Subject to the following, the "diminution in
value" exclusion does not apply to:
a. Any covered "auto" of the private
passenger type you lease, hire, rent or
borrow, without a driver for a period of
30 days or less, while performing duties
related to the conduct of your business;
and
b. Any covered "auto" of the private
passenger type hired or rented by your
"employee" without a driver for a period
of 30 days or less, under a contract in
that individual "employee's" name, with
your permission, while performing
duties related to the conduct of your
business.
c. Such coverage as is provided by this
provision is limited to a "diminution in
value" loss arising directly out of
accidental damage and not as a result
of the failure to make repairs; faulty or
incomplete maintenance or repairs; or
the installation of substandard parts.
d. The most we will pay for "loss" to a
covered "auto" in any one accident is
the lesser of:
(1) $5,000; or
(2) 20% of the "auto's" actual cash
value (ACV).
III. Drive Other Car Coverage — Executive Officers
The following is added to Sections II and III:
1. Any "auto" you don't own, hire or borrow is a
covered "auto" for Liability Coverage while
being used by, and for Physical Damage
Coverage while in the care, custody or control
of, any of your "executive officers," except:
a. An "auto" owned by that "executive officer"
or a member of that person's household; or
b. An "auto" used by that "executive officer"
while working in a business of selling,
servicing, repairing or parking "autos."
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Such Liability and/or Physical Damage
Coverage as is afforded by this provision.
(1) Equal to the greatest of those
coverages afforded any covered "auto";
and
(2) Excess over any other collectible
insurance.
2. For purposes of this provision, "executive
officer" means a person holding any of the
officer positions created by your charter,
constitution, by-laws or any other similar
governing document, and, while a resident of
the same household, includes that person's
spouse.
Such "executive officers" are "insureds" while
using a covered "auto" described in this
provision.
IV. BUSINESS AUTO CONDITIONS
A. Duties In The Event Of Accident, Claim, Suit
Or Loss
The following is added to Section IV,
Paragraph A.2.a.:
(4) Your "employees" may know of an
"accident" or "loss." This will not mean
that you have such knowledge, unless
such "accident" or "loss" is known to
you or if you are not an individual, to
any of your executive officers or
partners or your insurance manager.
The following is added to Section IV,
Paragraph A.2.b.:
(6) Your "employees" may know of
documents received concerning a claim
or "suit." This will not mean that you
have such knowledge, unless receipt of
such documents is known to you or if
you are not an individual, to any of your
executive officers or partners or your
insurance manager.
B. Transfer Of Rights Of Recovery Against
Others To Us
The following is added to Section IV,
Paragraph A.5. Transfer Of Rights Of
Recovery Against Others To Us:
CNA63359XX
(Ed. 04/12)
We waive any right of recovery we may have,
because of payments we make for injury or
damage, against any person or organization for
whom or which you are required by written
contract or agreement to obtain this waiver from
us.
This injury or damage must arise out of your
activities under a contract with that person or
organization.
You must agree to that requirement prior to an
"accident" or "loss."
C. Concealment, Misrepresentation or Fraud
The following is added to Section IV,
Paragraph B.2.:
Your failure to disclose all hazards existing on the
date of inception of this Coverage Form shall not
prejudice you with respect to the coverage afforded
provided such failure or omission is not intentional.
D. Other Insurance
The following is added to Section IV,
Paragraph B.5.:
Regardless of the provisions of Paragraphs 5.a.
and 5.d. above, the coverage provided by this
policy shall be on a primary non-contributory
basis. This provision is applicable only when
required by a written contract. That written
contract must have been entered into prior to
"Accident" or "Loss."
E. Policy Period, Coverage Territory
Section IV, Paragraph B. 7.(5).(a). is revised
to provide:
a. 45 days of coverage in lieu of 30 days.
V. DEFINITIONS
Section V. Paragraph C. is deleted and replaced
by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by a person, including mental
anguish, mental injury or death resulting from any of
these.
CNA63359XX Copyright, CNA Corporation, 2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. 123
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990410C
(Ed. 01-19)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA
BLANKET BASIS
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.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Blanket Waiver
Person/Organization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
Job Description
All CA Operations
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124
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Agenda Item No: 2.a
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: May 5, 2026
Submitted by: Jeannette Ortega
From: City Administrator
Subject:
PUBLIC HEARING REGARDING THE ANNEXATION OF TERRITORY TO EXISTING COMMUNITY FACILITIES DISTRICT NO. 2024-1 (OLD TOWN MAINTENANCE SERVICES) AND AUTHORIZE SPECIAL TAX ANNEXATION NO. 2
Financial Impact:
Annual Revenue: $3,123.98
Summary:
On March 5, 2024, the City Council adopted Resolution No. R-2024-13 Establishing the City of Placentia Community Facilities District No. 2024-1 (Old Town Maintenance Services) ("District") and Ordinance No. 0-2024-03, an Ordinance of the City Council of the City of Placentia, California, Levying Special Taxes within the District to provide a non -General Fund and sustainable funding source to pay for the ongoing maintenance and repairs of the public streetscape improvements as specified in the Streetscape Master Plan for Old Town Placentia. Staff recommends that the City Council annex certain properties to the Community Facilities District No. 2024-1 (Old Town Maintenance Services).
Recommended Action:
It is recommended that the City Council:
1. Open the Public Hearing concerning the annexation of certain properties; and
2. Receive the Staff Report, consider all public testimony, ask questions of Staff; and
3. Conduct election for annexation of certain properties to Community Facilities District No. 2024-1 (Old Town Maintenance Services); and
4. Close the Public Hearing; and
5. Adopt Resolution No. R-2026-24, a Resolution of the City Council of the City of Placentia, California, Ordering the Annexation of Territory to its Community Facilities District No. 2024-01 (Old Town Maintenance Services) and Approving the Amended Map for said District (Annexation No. 2); and
6. Authorize Inclusion of the Annexed Territory for Community Facilities District No. 2024- 01 (Old Town Maintenance Services) for Fiscal Year 2026-27 on the Orange County Secured Property Tax Roll.
Strategic Plan Statement:
This item is consistent with the City Council approved Strategic Goal No. 1: Fiscal Sustainability, to ensure long-term financial health by responsibly managing resources, 125
investing wisely, and maintaining a balanced budget that supports high-quality services for the community. This agenda item will specifically provide an ongoing funding mechanism to preserve and maintain the future reconstruction of the public infrastructure in Old Town Placentia.
Discussion:
On July 11, 2017, the Placentia City Council approved the adoption of the Old Town Revitalization Plan. The Old Town Revitalization Plan includes a comprehensive Streetscape Master Plan. The Streetscape Master Plan dictates the specific amenities for the Old Town area, so that these elements will be consistent throughout and give the area a sense of place and a feeling of cohesiveness. These include widened sidewalks, landscape enhancements, new trees, bike racks, lighting, trash receptacles, bollards and seating.
In 2020, the City, in partnership with the County of Orange, established an Enhanced Infrastructure Financing District (EIFD). The purpose of the EIFD is to create a funding mechanism that can facilitate the construction of the Streetscape Master Plan in Old Town Placentia.
On January 23, 2024, the City Council adopted Resolution of Intention to establish the proposed City of Placentia Community Facilities District No. 2024-01 (Old Town Maintenance Services) ("District") (Resolution No. R-2024-04). The City Council also adopted a Resolution of Intention to allow for Future Annexation of territory to the CFD (Resolution No. R-2024-05).
A public hearing was set for March 5, 2024, to discuss the formation of the District and future annexation of territory.
On March 5, 2024, the City Council held a public hearing to discuss the formation of the District and future annexation of territory and ordered a special election. After the Special Tax Election hearing, the City Council adopted Resolution No. R-2024-16 which declared the Results of the Special Election, determined the Validity of Prior Proceedings, and directed the Recording of Notice of Special Tax Lien. The City Council introduced Ordinance No. 0-2024- 03, levying the Special Taxes within the City of Placentia Community Facilities District No. 2024-01 (Old Town Maintenance Services).
The CFD Report provides a description of the Services to be funded by the District and an estimate of the fair and reasonable cost of the Services and incidental expenses of the District.
These services include maintenance of trees and landscape, catch basins, electricity, lighting, irrigation costs, traffic signs, sidewalks, furnishings, tools and supplies, and staff salaries. The CFD Report also shows the boundaries of the proposed District and the affected assessor's parcels. The District boundary map and future annexation area of the District was recorded on February 6, 2024, in the Office of the County Recorder of Orange County, California in Book 109, page 40-41 M/M of Maps of Assessment and Community Facilities Districts (Instrument No. 2024000026763).
The proposed tax to be levied is based upon a Rate and Method of Apportionment analysis.
The analysis indicates that the tax rate needed to maintain the Old Town public infrastructure improvements per land area square footage for properties that are undergoing rehabilitation/remodeling per year. Since the area is completely built out and is historic in nature, it is anticipated that most properties in Old Town will be rehabilitated/remodeled vs. new construction/development. The "Rehab/Remodel Property" means all Assessor's Parcels of Existing Building/Structure Property for which a building permit with a construction valuation 126
greater than $25,000 as determined by the CFD Administrator.
Annexation Process
Resolution No. R-2024-15 was adopted to allow for future annexation of territory to the District through a streamlined and expedited process. Annexation to the District will only require a petition from the property owners within the area to be annexed and a public hearing to count the votes and annex the properties into the District.
Properties
The following landowners have submitted to the City a petition requesting and approving annexation of their respective parcels ("Annexation Parcels") to the District (Attachment No. 2):
• 132 W. Santa Fe Avenue, Assessor Parcel Number 339-394-01; and • 202 W. Santa Fe Avenue, Assessor Parcel Number 339-393-08; and • 101 W. Santa Fe Avenue, Assessor Parcel Number 339-365-26; and • 330 W. Santa Fe Avenue, Assessor Parcel Numbers 339-392-07 and 339-392-08 The City's Planning Division has processed building improvements for the Annexation Parcels under the category Rehab/Remodel Property with a construction valuation exceeding $25,000.
The conditions require annexation into the District as the improvements for each separate Annexation Parcel exceed the $25,000 construction valuation of the "Rehab/Remodel Property" for the District.
Financial Summary:
The annexation of the properties into the District is projected to generate $1,583.46 in revenue for Fiscal Year 2026-27. Combined with existing properties in the District, this results in a total annual revenue of approximately $3,123.98. These recommended actions have no fiscal impact on the General Fund.
Attachments
Attachment 1 - Property Owners Petitions.pdf
Attachment 2 - Annexation Resolution No. R-2026-24.docx Attachment 3 - Annexation No. 2 Boundary Map.pdf
PowerPoint - Old Town CFD Annexation No. 2.pptx
127
LANDOWNER PETITION
Requesting and Approving Annexation of Territory
To City of Placentia
Community Facilities District No. 2024-01
(Old Town Maintenance Services)
Pursuant to the Mello -Roos Community Facilities Act of 1982 (Section 53311 et seq. of the California Government Code) ("Act"), the undersigned ("Landowner") hereby petitions the City Council of the City of Placentia ("City") as follows:
1. Landowner certifies that it is the record owner of certain lots and parcels ("Property"), which Tots and parcels are identified below and as fully described in Exhibit "A" attached hereto and incorporated herein by reference.
2. Landowner recognizes that the Property is located within the "future annexation area" of City of Placentia Community Facilities District No. 2024-01 (Old Town Maintenance Services) ("District"), as shown on the Boundary Map entitled "Annexation Map No. 1 of Community Facilities District No. 2014-01 (Old Downtown Maintenance Services) of City of Placentia, County of Orange, California (Territory proposed for annexation in the future, with the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed)" ("Map"). The Map is recorded in the records of the Orange County Recorder in Book 109 of Maps of Assessment and Community Facilities Districts at pages 40-41.
3. Landowner asks that the City Council undertake proceedings under the Act to annex territory to the District to levy special taxes on the Property.
4. This Petition asks that the territory to be included in the boundaries of the annexation to the District consists of Property, as shown on the proposed Amended Map filed with the City Clerk of the City and which map is attached hereto as Exhibit "B' and incorporated herein by reference.
5. Landowner requests and approves the annexation of the Property to the District as a part of the following Tax Rate Area(s) of the District: 132 W. Santa Fe Avenue, Placentia, CA 92870 (APN 339-394-01).
6. Landowner acknowledges receipt of the Rate and Method of Apportionment for the District entitled "Rate and Method of Apportionment for City of Placentia Community Facilities District 2024-1 (Old Town Maintenance Services)" attached hereto as Exhibit "C" and incorporated herein by reference, and acknowledges and agrees that, upon annexation, the Property will be subject to an annual special tax to fund the following services, as well as the incidental expenses of administration of the District:
a. Maintenance and lighting of parkways, streets, roads, public parking lots and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to streetlights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; and
b. Maintenance (including irrigation and replacement) of landscaping vegetation and trees situated on or adjacent to parkways, streets, roads, public parking lots and open space. Maintenance and repair of irrigation facilities; planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation; and c. Maintenance and replacement of public signage and wayfinding signage, directional signage; and
d. Graffiti removal from and maintenance and repair of public structures situated on parkways, streets, roads, public parking Tots and open space; and
e. Furnishing, maintenance, repair or replacement of equipment, apparatuses, fixtures or facilities; and
f. Maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts and similar facilities.
Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of any of the water quality improvements within the public right-of-way; clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance; and
g. Public street sweeping and refuse services on the segments of the arterials.
7 Landowner acknowledges that, pursuant to Section 53339.7(a) of the Mello - Roos Act, as a consequence of the consent and approval given by it in this petition, the City Council of the City may annex the Property to the District without any further public hearings or elections. Such annexation may only subject the Property to the taxes associated with the Tax Rate Area(s) listed in Paragraph 5 of this Petition.
8. Landowner asks that the special election to be held under the Act to authorize the annexation to the District and levy special taxes be conducted by the City and its officials, using a mailed or hand -delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as
the public hearing on the annexation of the Property to the District or as soon thereafter as possible.
9. To expedite the completion of the proceedings, Landowner waives all notices of hearing and all published notices regarding the annexation of Property to the District, notices of election, applicable waiting periods under the Act for the holding of any public hearing and for election and all ballot arguments and analysis for the election, it being acknowledged by the Landowner that all such notices are for the benefit of the Landowner and may be waived. The Landowner agrees to timely complete and return a consent and waiver to be provided to Landowner by the City in order to expedite such proceedings.
Landowner further hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to the District or the special election therein shall be invalidated or affected by any such irregularity, error, mistake or departure.
The undersigned is the owner of the following parcels, identified below by their legal description or by the Assessor's Parcel Number assigned to them by the Orange County Assessor:
339-394-01
The full and complete legal name of the undersigned is as follows:
Castro Family Trust
The undersigned certifies under penalty of perjury under the laws of the State of California that it is authorized to execute this petition and that the foregoing is true and correct:
Owner Name: N S Ar, [Printed]
By: 1,5,7 ,: 1
i [Signature]
[Printed Name of Signer]
Its: 9Jf)JT C). ),)v) f r [Title]
Date: lr�,--\ (2- [Date]
Owner Name:
By:
Its:
Date:
[Printed]
[Signature]
[Printed Name of Signer]
[Title]
[Date]
EXHIBIT A
The following is the legal description of the Property to be annexed to the District.
PARCEL 1:
LOT 1 BLOCK E OF TOWNSITE OF PLACENTIA, IN THE CITY OF PLACENTIA, AS PER MAP RECORDED IN BOOK 6, PAGE 38, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
AP# 339-394-01
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132
EXHIBIT C
Rate and Method of Apportionment
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(OLD TOWN MAINTENANCE SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in City of Placentia Community Facilities District No. 2024-1 ("CFD No. 2024-1") and collected each Fiscal Year commencing in Fiscal Year 2023-2024, in an amount determined by the City Council of the City of Placentia through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2024-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2024-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2024-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2024-1 for any other administrative purposes of CFD No. 2024-1.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining and providing for the levy and collection of the Special Tax.
"CFD No. 2024-1" means the City of Placentia Community Facilities District No. 2024-1 (Old Town Maintenance Services).
"City" means the City of Placentia.
"Consumer Price Index" means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers in the Los Angeles -Long Beach -Anaheim region, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles -Long Beach -Anaheim region. "Council" means the City Council of the City.
"County" means the County of Orange, California.
"Developed Property" means, for each Fiscal Year, all Taxable Property, excluding Existing Building/Structure Property, for which a building permit was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year for construction of a new building/structure.
"Existing Building/Structure Property" means, for each Fiscal Year, all Taxable Property, for which a building or structure existed on such property prior to March 1, 2023.
"Fiscal Year" means the period starting July 1 and ending on the following June
30. "Hotel/Motel Property" means, for each Fiscal Year, all Assessor's Parcels of Non -Residential Property for which a building permit has been issued for building a non-residential structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. Such related facilities may include, but are not limited to, on-site restaurants, retail establishments, conference rooms/areas, etc.
"Hotel/Motel Rooms" means, for each Assessor's Parcel of Hotel/Motel Property, the number of hotel/motel rooms available for rent for the purpose of overnight lodging, as indicated on the building permit issued by the City. If such room data is not included on the building permit for an Assessor's Parcel of Hotel/Motel Property, then the CFD Administrator shall rely on the site plan or other reasonable data sources as determined by the CFD Administrator.
"Industrial Property" means, for each Fiscal Year, all Assessor's Parcels of Non - Residential Property for which a building permit(s) was issued for construction of a non-residential structure(s) which is primarily used for: manufacturing, procession, fabricating, assembly, refining, repairing, packaging, or treatment of goods, material or produce; research and development; and/or warehousing and wholesale distribution of goods, material, or produce.
"Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2024-1. "Multi -Family Residential Property" means any Assessor's Parcel of Residential Property for which one or more building permits have been issued for attached residential units, all of which are made available for rental, but not purchase, by the general public.
"Non -Residential Floor Area" means, for Non -Residential Property, the total square footage of enclosed area within the perimeter of a non-residential structure located on such property, not including any space devoted to vehicle parking, walkway, overhang, patio, and areas incident thereto for which a building permit for new construction was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year. The determination of Non -Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor's Parcel, or if square footage is not available from this source, as otherwise determined by the CFD Administrator.
"Non -Residential Property" means, for each Fiscal Year, all Developed Property for which a building permit(s) was issued for the construction of a new building/structure with a non-residential use.
"Non -Retail Commercial Property" means all Assessor's Parcels of Non - Residential Property not considered (i) Hotel/Motel Property, (ii) Industrial Property, (iii) Retail Commercial Property, or (iv) Office Property. "Office Property" means, for each Fiscal Year, all Assessor's Parcels of Non - Residential Property for which a building permit(s) was issued for construction of a non-residential structure(s) which is primarily used for: general, professional, and/or medical office space.
"Parcel Square Foot" or "Parcel Square Footage" means the land area, or Acreage multiplied by 43,560, of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Parking Lot Property" means, for each Fiscal Year, Assessor's Parcels 339- 394-06 and 339-394-07 as designated on the Assessor's Parcel Map at the time of formation of CFD No. 3-1 and any other Assessor's Parcel that is not Public Property and for which a building permit has been issued for the construction of, or on which is located a garage, parking lot, or parking structure, as of March 1 of the prior Fiscal Year, and on which is located no other Developed Property, as determined by the CFD Administrator.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor's Parcel within the boundaries of CFD No. 2024-1 that was owned by a property owner association, including any master or sub -association, as of March 1 of the prior Fiscal Year.
"Proportionately" means, for Developed Property, Rehab/Remodel Property, and Parking Lot Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Developed Property, Rehab/Remodel Property, and Parking Lot Property.
"Public Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2024-1 that is (i) used for rights-of-way or any other purpose and is owned by or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency as of March 1 of the prior Fiscal Year or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement as of March 1 of the prior Fiscal Year, provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. "Rehab/Remodel Property" means all Assessor's Parcels of Existing Building/Structure Property for which a building permit with a construction valuation greater than $25,000, as determined by the CFD Administrator, was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year to rehabilitate or remodel Existing Building/Structure Property.
"Residential Property" means all Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Retail Commercial Property" means all Assessor's Parcels of Non -Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator, and not considered (i) Hotel/Motel Property, (ii) Industrial Property, or (iii) Office Property.
"Single Family Residential Property" means any Assessor's Parcel of Residential Property not considered Multi -Family Residential Property.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement for Services.
"Special Tax Requirement for Services" means that amount required in any Fiscal Year to: (i) pay directly for annual maintenance services that are authorized to be financed by CFD No. 2024-1; (ii) pay Administrative Expenses; less (iii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2024-1 which are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Rehab/Remodel Property, Parking Lot Property, Taxable Property Owner Association Property or Taxable Public Property. "Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County's assessor's roll finalized as of the last preceding January 1.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2024-1 shall be classified as Developed Property, Rehab/Remodel Property, Parking Lot Property, or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
Developed Property shall be further classified as Residential Property or Non - Residential Property. For Residential Property, the Special Tax will be based on the number of dwelling units as indicated on the building permit. For Non -Residential Property, the Special Tax will be based on the Non -Residential Floor Area or number of Hotel/Motel Rooms. For Rehab/Remodel Property and Parking Lot Property, the Special Tax will be based on the Parcel Square Footage.
C. MAXIMUM SPECIAL TAX
1. Developed Property, Rehab/Remodel Property, and Parking Lot Property
a. Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2023-2024 for each Land Use Class is shown below in Table 1.
TABLE 1
Maximum Special Tax for Developed Property, Rehab/Remodel Property, and Parking Lot Property
For Fiscal Year 2023-2024
Land
Use Description Maximum Special Tax
Class
1 Single Family Residential
Property
2 Multi -Family Residential Property
3 Non -Retail Commercial Property
4 Retail Commercial Property
5 Office Property
6 Industrial Property
7 Hotel/Motel Property
$318.00 per dwelling unit
$293.00 per dwelling unit
$0.2996 per square foot of Non -Residential Floor
Area
$0.2074 per square foot of Non -Residential Floor
Area
$0.2996 per square foot of Non -Residential Floor
Area
$0.2996 per square foot of Non -Residential Floor
Area
$230.00 per Hotel/Motel Room
8 Rehab/Remodel Property $0.0765 per Parcel Square Foot 9 Parking Lot Property $0.0665 per Parcel Square Foot
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2024, the Maximum Special Tax for Developed Property, Rehab/Remodel Property, and Parking Lot Property shall be increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
c. Multiple Land Use Classes
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax for such Assessor's Parcel shall be the sum of the Maximum Special
Tax for all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final.
2. Undeveloped Property and Existing Building/Structure Property The Special Tax shall not be levied on Undeveloped Property and Existing Building/Structure Property not classified as Rehab/Remodel Property or Parking Lot Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Services and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement for Services. The Special Tax shall be levied each Fiscal Year as follows:
The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property, Rehab/Remodel Property, and Parking Lot Property at up to 100% of the Maximum Special Tax.
E. EXEMPTIONS
No Special Tax shall be levied on Public Property, Property Owner Association Property, or any Assessor's Parcel that has a Welfare Exemption. However, should an Assessor's Parcel no longer be classified as Public Property, Property Owner Association Property, or have a Welfare Exemption, its tax-exempt status will, without the necessity of any action by the Council, terminate.
F PREPAYMENT OF SPECIAL TAX
Prepayment of the Special Tax is not authorized.
G. APPEALS/INTERPRETATION
Any landowner or resident may file a written appeal of the Special Tax levied on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant.
If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to
appeal to the Council by filing a written notice of appeal with the Council, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for the appellant's disagreement with the CFD Administrator's determination. The CFD Administrator may charge the appellant a reasonable fee for processing the appeal.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
H. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2024-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
I. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for Services.
LANDOWNER PETITION
Requesting and Approving Annexation of Territory
To City of Placentia
Community Facilities District No. 2024-01
(Old Town Maintenance Services)
Pursuant to the Mello -Roos Community Facilities Act of 1982 (Section 53311 et seq. of the California Government Code) ("Act"), the undersigned ("Landowner") hereby petitions the City Council of the City of Placentia ("City") as follows:
1. Landowner certifies that it is the record owner of certain lots and parcels ("Property"), which lots and parcels are identified below and as fully described in Exhibit "A" attached hereto and incorporated herein by reference.
2. Landowner recognizes that the Property is located within the "future annexation area" of City of Placentia Community Facilities District No. 2024-01 (Old Town Maintenance Services) ("District"), as shown on the Boundary Map entitled "Annexation Map No. 1 of Community Facilities District No. 2014-01 (Old Downtown Maintenance Services) of City of Placentia, County of Orange, California (Territory proposed for annexation in the future, with the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed)" ("Map"). The Map is recorded in the records of the Orange County Recorder in Book 109 of Maps of Assessment and Community Facilities Districts at pages 40-41.
3. Landowner asks that the City Council undertake proceedings under the Act to annex territory to the District to levy special taxes on the Property.
4. This Petition asks that the territory to be included in the boundaries of the annexation to the District consists of Property, as shown on the proposed Amended Map filed with the City Clerk of the City and which map is attached hereto as Exhibit "B' and incorporated herein by reference.
5. Landowner requests and approves the annexation of the Property to the District as a part of the following Tax Rate Area(s) of the District: 202 W. Santa Fe Avenue, Placentia, CA 92870 (APN 339-393-08).
6. Landowner acknowledges receipt of the Rate and Method of Apportionment for the District entitled "Rate and Method of Apportionment for City of Placentia Community Facilities District 2024-1 (Old Town Maintenance Services)" attached hereto as Exhibit "C" and incorporated herein by reference, and acknowledges and agrees that, upon annexation, the Property will be subject to an annual special tax to fund the following services, as well as the incidental expenses of administration of the District:
a. Maintenance and lighting of parkways, streets, roads, public parking lots and open space, which maintenance and lighting services may include, without
limitation, furnishing of electrical power to streetlights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; and b. Maintenance (including irrigation and replacement) of landscaping vegetation and trees situated on or adjacent to parkways, streets, roads, public parking lots and open space. Maintenance and repair of irrigation facilities; planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation; and
c. Maintenance and replacement of public signage and wayfinding signage, directional signage; and
d. Graffiti removal from and maintenance and repair of public structures situated on parkways, streets, roads, public parking lots and open space; and e. Furnishing, maintenance, repair or replacement of equipment, apparatuses, fixtures or facilities; and
f. Maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts and similar facilities. Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of any of the water quality improvements within the public right-of-way; clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance; and
g. Public street sweeping and refuse services on the segments of the arterials.
7. Landowner acknowledges that, pursuant to Section 53339.7(a) of the Mello -Roos Act, as a consequence of the consent and approval given by it in this petition, the City Council of the City may annex the Property to the District without any further public hearings or elections. Such annexation may only subject the Property to the taxes associated with the Tax Rate Area(s) listed in Paragraph 5 of this Petition.
8. Landowner asks that the special election to be held under the Act to authorize the annexation to the District and levy special taxes be conducted by the City and its officials, using a mailed or hand -delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as the public hearing on the annexation of the Property to the District or as soon thereafter as possible.
9. To expedite the completion of the proceedings, Landowner waives all notices of hearing and all published notices regarding the annexation of Property to the District, notices of election, applicable waiting periods under the Act for the holding of any public hearing and for election and all ballot arguments and analysis for the election, it being acknowledged by the Landowner that all such notices are for the benefit of the Landowner and may be waived. The Landowner agrees to timely complete and return
a consent and waiver to be provided to Landowner by the City in order to expedite such proceedings. Landowner further hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to the District or the special election therein shall be invalidated or affected by any such irregularity, error, mistake or departure.
The undersigned is the owner of the following parcels, identified below by their legal description or by the Assessor's Parcel Number assigned to them by the Orange County Assessor:
339-393-08.
The full and complete legal name of the undersigned is as follows:
Vartan Martirosian
The undersigned certifies under penalty of perjury under the laws of the State of California that it is authorized to execute this petition and that the foregoing is true and correct:
Owner Name:
By:
Its:
Date:
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[Signature]
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[Title]
[Date]
EXHIBIT A
The following is the legal description of the Property to be annexed to the District.
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 1 IN BLOCK "F" AND LOT 2 OF BLOCK "F" OF THE TOWNSITE OF PLACENTIA, IN
THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 339, PAGE 39 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY.
APN: 339-393-08
EXHIBIT B
The following map shows the proposed boundaries of the Property to be annexed.
202 W. Santa Fe Avenue, Placentia, CA 92870
(APN: 339-393-08)
36 EXHIBIT C
Rate and Method of Apportionment
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(OLD TOWN MAINTENANCE SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in City of Placentia Community Facilities District No. 2024-1 ("CFD No. 2024-1") and collected each Fiscal Year commencing in Fiscal Year 2023-2024, in an amount determined by the City Council of the City of Placentia through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2024-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2024-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2024-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2024- 1 for any other administrative purposes of CFD No. 2024-1. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining and providing for the levy and collection of the Special Tax. "CFD No. 2024-1" means the City of Placentia Community Facilities District No. 2024-1 (Old Town Maintenance Services).
"City" means the City of Placentia.
"Consumer Price Index" means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers in the Los Angeles -Long Beach -Anaheim region, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles -Long Beach - Anaheim region.
"Council" means the City Council of the City.
"County" means the County of Orange, California.
"Developed Property" means, for each Fiscal Year, all Taxable Property, excluding Existing Building/Structure Property, for which a building permit was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year for construction of a new building/structure. "Existing Building/Structure Property" means, for each Fiscal Year, all Taxable Property, for which a building or structure existed on such property prior to March 1, 2023. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Hotel/Motel Property" means, for each Fiscal Year, all Assessor's Parcels of Non - Residential Property for which a building permit has been issued for building a non- residential structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. Such related facilities may include, but are not limited to, on-site restaurants, retail establishments, conference rooms/areas, etc.
"Hotel/Motel Rooms" means, for each Assessor's Parcel of Hotel/Motel Property, the number of hotel/motel rooms available for rent for the purpose of overnight lodging, as indicated on the building permit issued by the City. If such room data is not included on the building permit for an Assessor's Parcel of Hotel/Motel Property, then the CFD
Administrator shall rely on the site plan or other reasonable data sources as determined by the CFD Administrator.
"Industrial Property" means, for each Fiscal Year, all Assessor's Parcels of Non -Residential Property for which a building permit(s) was issued for construction of a non-residential structure(s) which is primarily used for: manufacturing, procession, fabricating, assembly, refining, repairing, packaging, or treatment of goods, material or produce; research and development; and/or warehousing and wholesale distribution of goods, material, or produce.
"Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2024-1.
"Multi -Family Residential Property" means any Assessor's Parcel of Residential Property for which one or more building permits have been issued for attached residential units, all of which are made available for rental, but not purchase, by the general public. "Non -Residential Floor Area" means, for Non -Residential Property, the total square footage of enclosed area within the perimeter of a non-residential structure located on such property, not including any space devoted to vehicle parking, walkway, overhang, patio, and areas incident thereto for which a building permit for new construction was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year. The determination of Non -Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor's Parcel, or if square footage is not available from this source, as otherwise determined by the CFD Administrator. "Non -Residential Property" means, for each Fiscal Year, all Developed Property for which a building permit(s) was issued for the construction of a new building/structure with a non-residential use.
"Non -Retail Commercial Property" means all Assessor's Parcels of Non -Residential Property not considered (i) Hotel/Motel Property, (ii) Industrial Property, (iii) Retail Commercial Property, or (iv) Office Property.
"Office Property" means, for each Fiscal Year, all Assessor's Parcels of Non -Residential Property for which a building permit(s) was issued for construction of a non-residential structure(s) which is primarily used for: general, professional, and/or medical office space.
"Parcel Square Foot" or "Parcel Square Footage" means the land area, or Acreage multiplied by 43,560, of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the
applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Parking Lot Property" means, for each Fiscal Year, Assessor's Parcels 339-394-06 and 339-394- 07 as designated on the Assessor's Parcel Map at the time of formation of CFD No. 3-1 and any other Assessor's Parcel that is not Public Property and for which a building permit has been issued for the construction of, or on which is located a garage, parking lot, or parking structure, as of March 1 of the prior Fiscal Year, and on which is located no other Developed Property, as determined by the CFD Administrator.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor's Parcel within the boundaries of CFD No. 2024-1 that was owned by a property owner association, including any master or sub -association, as of March 1 of the prior Fiscal Year. "Proportionately" means, for Developed Property, Rehab/Remodel Property, and Parking Lot Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Developed Property, Rehab/Remodel Property, and Parking Lot Property.
"Public Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2024-1 that is (i) used for rights-of-way or any other purpose and is owned by or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency as of March 1 of the prior Fiscal Year or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement as of March 1 of the prior Fiscal Year, provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use.
"Rehab/Remodel Property" means all Assessor's Parcels of Existing Building/Structure Property for which a building permit with a construction valuation greater than $25,000, as determined by the CFD Administrator, was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year to rehabilitate or remodel Existing Building/Structure Property.
"Residential Property" means all Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Retail Commercial Property" means all Assessor's Parcels of Non -Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator, and not considered (i) Hotel/Motel Property, (ii) Industrial Property, or (iii) Office Property.
"Single Family Residential Property" means any Assessor's Parcel of Residential Property not considered Multi -Family Residential Property.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement for Services. "Special Tax Requirement for Services" means that amount required in any Fiscal Year to: (1) pay directly for annual maintenance services that are authorized to be financed by CFD No. 2024-1; (ii) pay Administrative Expenses; less (iii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator. "State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2024-1 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Rehab/Remodel Property, Parking Lot Property, Taxable Property Owner Association Property or Taxable Public Property.
"Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County's assessor's roll finalized as of the last preceding January 1.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2024-1 shall be classified as Developed Property, Rehab/Remodel Property, Parking Lot Property, or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
Developed Property shall be further classified as Residential Property or Non -Residential Property. For Residential Property, the Special Tax will be based on the number of dwelling units as indicated on the building permit. For Non -Residential Property, the Special Tax will be based on the Non -Residential Floor Area or number of Hotel/Motel Rooms. For Rehab/Remodel Property and Parking Lot Property, the Special Tax will be based on the Parcel Square Footage.
C. MAXIMUM SPECIAL TAX
1. Developed Property, Rehab/Remodel Property, and Parking Lot Property
a. Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2023-2024 for each Land Use Class is shown below in Table 1.
TABLE 1
Maximum Special Tax for Developed Property, Rehab/Remodel Property, and Parking Lot Property
For Fiscal Year 2023-2024
Land
Use
Class
Description
Maximum Special Tax
1 Single Family Residential Property
2 Multi -Family Residential Property
3 Non -Retail Commercial Property
4 Retail Commercial Property
5 Office Property
6 Industrial Property
7 Hotel/Motel Property
8 Rehab/Remodel Property
9 Parking Lot Property
$318.00 per dwelling unit
$293.00 per dwelling unit
$0.2996 per square foot of Non -Residential Floor Area
$0.2074 per square foot of Non -Residential Floor Area
$0.2996 per square foot of Non -Residential Floor Area
$0.2996 per square foot of Non -Residential Floor Area
$230.00 per Hotel/Motel Room
$0.0765 per Parcel Square Foot
$0.0665 per Parcel Square Foot
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2024, the Maximum Special Tax for Developed Property, Rehab/Remodel Property, and Parking Lot Property shall be increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
c. Multiple Land Use Classes
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax for such Assessor's Parcel shall be the sum of the Maximum Special Tax for all Land
Use Classes located on that Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final.
2. Undeveloped Property and Existing Building/Structure Property The Special Tax shall not be levied on Undeveloped Property and Existing Building/Structure Property not classified as Rehab/Remodel Property or Parking Lot Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Services and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement for Services. The Special Tax shall be levied each Fiscal Year as follows:
The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property, Rehab/Remodel Property, and Parking Lot Property at up to 100% of the Maximum Special Tax.
E. EXEMPTIONS
No Special Tax shall be levied on Public Property, Property Owner Association Property, or any Assessor's Parcel that has a Welfare Exemption. However, should an Assessor's Parcel no longer be classified as Public Property, Property Owner Association Property, or have a Welfare Exemption, its tax-exempt status will, without the necessity of any action by the Council, terminate.
F. PREPAYMENT OF SPECIAL TAX
Prepayment of the Special Tax is not authorized.
G. APPEALS/INTERPRETATION
Any landowner or resident may file a written appeal of the Special Tax levied on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes.
During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.
If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the Council, provided that the appellant is current in his/her payments of Special Taxes. The
second appeal must specify the reasons for the appellant's disagreement with the CFD Administrator's determination. The CFD Administrator may charge the appellant a reasonable fee for processing the appeal.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
H. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2024-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
I. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for Services.
LANDOWNER PETITION
Requesting and Approving Annexation of Territory
To City of Placentia
Community Facilities District No. 2024-01
(Old Town Maintenance Services)
Pursuant to the Mello -Roos Community Facilities Act of 1982 (Section 53311 et seq. of the California Government Code) ("Act"), the undersigned ("Landowner") hereby petitions the City Council of the City of Placentia ("City") as follows:
1. Landowner certifies that it is the record owner of certain lots and parcels ("Property"), which lots and parcels are identified below and as fully described in Exhibit "A" attached hereto and incorporated herein by reference.
2. Landowner recognizes that the Property is located within the "future annexation area" of City of Placentia Community Facilities District No. 2024-01 (Old Town Maintenance Services) ("District"), as shown on the Boundary Map entitled "Annexation Map No. 1 of Community Facilities District No. 2014-01 (Old Downtown Maintenance Services) of City of Placentia, County of Orange, California (Territory proposed for annexation in the future, with the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed)" ("Map"). The Map is recorded in the records of the Orange County Recorder in Book 109 of Maps of Assessment and Community Facilities Districts at pages 40-41.
3. Landowner asks that the City Council undertake proceedings under the Act to annex territory to the District to levy special taxes on the Property.
4. This Petition asks that the territory to be included in the boundaries of the annexation to the District consists of Property, as shown on the proposed Amended Map filed with the City Clerk of the City and which map is attached hereto as Exhibit "B' and incorporated herein by reference.
5. Landowner requests and approves the annexation of the Property to the District as a part of the following Tax Rate Area(s) of the District: 101 W. Santa Fe Avenue, Placentia, CA 92870 (APN 339-365-26).
6. Landowner acknowledges receipt of the Rate and Method of Apportionment for the District entitled "Rate and Method of Apportionment for City of Placentia Community Facilities District 2024-1 (Old Town Maintenance Services)" attached hereto as Exhibit "C" and incorporated herein by reference, and acknowledges and agrees that, upon annexation, the Property will be subject to an annual special tax to fund the following services, as well as the incidental expenses of administration of the District:
a. Maintenance and lighting of parkways, streets, roads, public parking Tots and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to streetlights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; and
b. Maintenance (including irrigation and replacement) of landscaping vegetation and trees situated on or adjacent to parkways, streets, roads, public parking lots and open space. Maintenance and repair of irrigation facilities; planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation; and c. Maintenance and replacement of public signage and wayfinding signage, directional signage; and
d. Graffiti removal from and maintenance and repair of public structures situated on parkways, streets, roads, public parking lots and open space; and
e. Furnishing, maintenance, repair or replacement of equipment, apparatuses, fixtures or facilities; and
f. Maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts and similar facilities.
Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of any of the water quality improvements within the public right-of-way; clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance; and
g. Public street sweeping and refuse services on the segments of the arterials.
7. Landowner acknowledges that, pursuant to Section 53339.7(a) of the Mello - Roos Act, as a consequence of the consent and approval given by it in this petition, the City Council of the City may annex the Property to the District without any further public hearings or elections. Such annexation may only subject the Property to the taxes associated with the Tax Rate Area(s) listed in Paragraph 5 of this Petition.
8. Landowner asks that the special election to be held under the Act to authorize the annexation to the District and levy special taxes be conducted by the City and its officials, using a mailed or hand -delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as
the public hearing on the annexation of the Property to the District or as soon thereafter as possible.
9. To expedite the completion of the proceedings, Landowner waives all notices of hearing and all published notices regarding the annexation of Property to the District, notices of election, applicable waiting periods under the Act for the holding of any public hearing and for election and all ballot arguments and analysis for the election, it being acknowledged by the Landowner that all such notices are for the benefit of the Landowner and may be waived. The Landowner agrees to timely complete and return a consent and waiver to be provided to Landowner by the City in order to expedite such proceedings.
Landowner further hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to the District or the special election therein shall be invalidated or affected by any such irregularity, error, mistake or departure.
The undersigned is the owner of the following parcels, identified below by their legal description or by the Assessor's Parcel Number assigned to them by the Orange County Assessor:
339-365-26
The full and complete legal name of the undersigned is as follows:
Raul C. Davis
The undersigned certifies under penalty of perjury under the laws of the State of California that it is authorized to execute this petition and that the foregoing is true and correct:
Owner Name:
By:
Its:
Date:
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EXHIBIT A
The following is the legal description of the Property to be annexed to the District.
PARCEL A AS SHOWN ON EXHIBIT "B" OF LOT LINE ADJUSTMENT NO. 2010-01, RECORDED JUNE 15, 2010 INSTRUMENT NO. 2010-279539 IN THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA AS LOT 10 AND 11 IN BLOCK "C"
OF PLAT OF TOWNSITE OF PLACENTIA, IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 38
OF MISCELLANEOUS MAPS IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY.
APN: 339-365-26
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EXHIBIT C
Rate and Method of Apportionment
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(OLD TOWN MAINTENANCE SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in City of Placentia Community Facilities District No. 2024-1 ("CFD No. 2024-1") and collected each Fiscal Year commencing in Fiscal Year 2023-2024, in an amount determined by the City Council of the City of Placentia through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2024-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2024-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2024-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2024-1 for any other administrative purposes of CFD No. 2024-1.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining and providing for the levy and collection of the Special Tax.
"CFD No. 2024-1" means the City of Placentia Community Facilities District No. 2024-1 (Old Town Maintenance Services).
"City" means the City of Placentia.
"Consumer Price Index" means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers in the Los Angeles -Long Beach -Anaheim region, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles -Long Beach -Anaheim region. "Council" means the City Council of the City.
"County" means the County of Orange, California.
"Developed Property" means, for each Fiscal Year, all Taxable Property, excluding Existing Building/Structure Property, for which a building permit was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year for construction of a new building/structure.
"Existing Building/Structure Property" means, for each Fiscal Year, all Taxable Property, for which a building or structure existed on such property prior to March 1, 2023.
"Fiscal Year" means the period starting July 1 and ending on the following June
30. "Hotel/Motel Property" means, for each Fiscal Year, all Assessor's Parcels of Non -Residential Property for which a building permit has been issued for building a non-residential structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. Such related facilities may include, but are not limited to, on-site restaurants, retail establishments, conference rooms/areas, etc.
"Hotel/Motel Rooms" means, for each Assessor's Parcel of Hotel/Motel Property, the number of hotel/motel rooms available for rent for the purpose of overnight lodging, as indicated on the building permit issued by the City. If such room data is not included on the building permit for an Assessor's Parcel of Hotel/Motel Property, then the CFD Administrator shall rely on the site plan or other reasonable data sources as determined by the CFD Administrator.
"Industrial Property" means, for each Fiscal Year, all Assessor's Parcels of Non - Residential Property for which a building permit(s) was issued for construction of a non-residential structure(s) which is primarily used for: manufacturing, procession, fabricating, assembly, refining, repairing, packaging, or treatment of goods, material or produce; research and development; and/or warehousing and wholesale distribution of goods, material, or produce.
"Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2024-1. "Multi -Family Residential Property" means any Assessor's Parcel of Residential Property for which one or more building permits have been issued for attached residential units, all of which are made available for rental, but not purchase, by the general public.
"Non -Residential Floor Area" means, for Non -Residential Property, the total square footage of enclosed area within the perimeter of a non-residential structure located on such property, not including any space devoted to vehicle parking, walkway, overhang, patio, and areas incident thereto for which a building permit for new construction was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year. The determination of Non -Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor's Parcel, or if square footage is not available from this source, as otherwise determined by the CFD Administrator.
"Non -Residential Property" means, for each Fiscal Year, all Developed Property for which a building permit(s) was issued for the construction of a new building/structure with a non-residential use.
"Non -Retail Commercial Property" means all Assessor's Parcels of Non - Residential Property not considered (i) Hotel/Motel Property, (ii) Industrial Property, (iii) Retail Commercial Property, or (iv) Office Property. "Office Property" means, for each Fiscal Year, all Assessor's Parcels of Non - Residential Property for which a building permit(s) was issued for construction of a non-residential structure(s) which is primarily used for: general, professional, and/or medical office space.
"Parcel Square Foot" or "Parcel Square Footage" means the land area, or Acreage multiplied by 43,560, of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Parking Lot Property" means, for each Fiscal Year, Assessor's Parcels 339- 394-06 and 339-394-07 as designated on the Assessor's Parcel Map at the time of formation of CFD No. 3-1 and any other Assessor's Parcel that is not Public Property and for which a building permit has been issued for the construction of, or on which is located a garage, parking lot, or parking structure, as of March 1 of the prior Fiscal Year, and on which is located no other Developed Property, as determined by the CFD Administrator.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor's Parcel within the boundaries of CFD No. 2024-1 that was owned by a property owner association, including any master or sub -association, as of March 1 of the prior Fiscal Year.
"Proportionately" means, for Developed Property, Rehab/Remodel Property, and Parking Lot Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for aII Developed Property, Rehab/Remodel Property, and Parking Lot Property.
"Public Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2024-1 that is (i) used for rights-of-way or any other purpose and is owned by or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency as of March 1 of the prior Fiscal Year or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement as of March 1 of the prior Fiscal Year, provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. "Rehab/Remodel Property" means all Assessor's Parcels of Existing Building/Structure Property for which a building permit with a construction valuation greater than $25,000, as determined by the CFD Administrator, was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year to rehabilitate or remodel Existing Building/Structure Property.
"Residential Property" means all Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Retail Commercial Property" means all Assessor's Parcels of Non -Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator, and not considered (i) Hotel/Motel Property, (ii) Industrial Property, or (iii) Office Property.
"Single Family Residential Property" means any Assessor's Parcel of Residential Property not considered Multi -Family Residential Property.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement for Services.
"Special Tax Requirement for Services" means that amount required in any Fiscal Year to: (i) pay directly for annual maintenance services that are authorized to be financed by CFD No. 2024-1; (ii) pay Administrative Expenses; less (iii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2024-1 which are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means, for each Fiscal Year, aII Taxable Property not classified as Developed Property, Rehab/Remodel Property, Parking Lot Property, Taxable Property Owner Association Property or Taxable Public Property. " Wolfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County's assessor's roll finalized as of the last preceding January 1.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2024-1 shall be classified as Developed Property, Rehab/Remodel Property, Parking Lot Property, or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
Developed Property shall be further classified as Residential Property or Non - Residential Property. For Residential Property, the Special Tax will be based on the number of dwelling units as indicated on the building permit. For Non -Residential Property, the Special Tax will be based on the Non -Residential Floor Area or number of Hotel/Motel Rooms. For Rehab/Remodel Property and Parking Lot Property, the Special Tax will be based on the Parcel Square Footage.
C. MAXIMUM SPECIAL TAX
1. Developed Property, Rehab/Remodel Property, and Parking Lot Property
a. Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2023-2024 for each Land Use Class is shown below in Table 1.
TABLE 1
Maximum Special Tax for Developed Property, Rehab/Remodel Property, and Parking Lot Property
For Fiscal Year 2023-2024
Land
Use Description Maximum Special Tax
Class
1 Single Family Residential
Property
$318.00 per dwelling unit
2 Multi -Family Residential Property $293.00 per dwelling unit 3 Non -Retail Commercial Property $0.2996 per square foot of Non -Residential Floor Area
4 Retail Commercial Property $0.2074 per square foot of Non -Residential Floor 5 Office Property
Area
$0.2996 per square foot of Non -Residential Floor
Area
6 Industrial Property $0.2996 per square foot of Non -Residential Floor Area
7 Hotel/Motel Property $230.00 per Hotel/Motel Room
$0.0765 per Parcel Square Foot
$0.0665 per Parcel Square Foot
8 Rehab/Remodel Property
9 Parking Lot Property
Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2024, the Maximum Special Tax for Developed Property, Rehab/Remodel Property, and Parking Lot Property shall be increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
c. Multiple Land Use Classes
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax for such Assessor's Parcel shall be the sum of the Maximum Special
Tax for all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final.
2. Undeveloped Property and Existing Building/Structure Property The Special Tax shall not be levied on Undeveloped Property and Existing Building/Structure Property not classified as Rehab/Remodel Property or Parking Lot Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Services and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement for Services. The Special Tax shall be levied each Fiscal Year as follows:
The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property, Rehab/Remodel Property, and Parking Lot Property at up to 100% of the Maximum Special Tax.
E. EXEMPTIONS
No Special Tax shall be levied on Public Property, Property Owner Association Property, or any Assessor's Parcel that has a Welfare Exemption. However, should an Assessor's Parcel no longer be classified as Public Property, Property Owner Association Property, or have a Welfare Exemption, its tax-exempt status will, without the necessity of any action by the Council, terminate.
F PREPAYMENT OF SPECIAL TAX
Prepayment of the Special Tax is not authorized.
G. APPEALS/INTERPRETATION
Any landowner or resident may file a written appeal of the Special Tax levied on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant.
If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to
appeal to the Council by filing a written notice of appeal with the Council, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for the appellant's disagreement with the CFD Administrator's determination. The CFD Administrator may charge the appellant a reasonable fee for processing the appeal.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
H. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2024-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
I. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for Services.
LANDOWNER PETITION
Requesting and Approving Annexation of Territory
To City of Placentia
Community Facilities District No. 2024-01
(Old Town Maintenance Services)
Pursuant to the Mello -Roos Community Facilities Act of 1982 (Section 53311 et seq. of the California Government Code) ("Act"), the undersigned ("Landowner") hereby petitions the City Council of the City of Placentia ("City") as follows:
1. Landowner certifies that it is the record owner of certain Tots and parcels ("Property"), which lots and parcels are identified below and as fully described in Exhibit "A" attached hereto and incorporated herein by reference.
2. Landowner recognizes that the Property is located within the "future annexation area" of City of Placentia Community Facilities District No. 2024-01 (Old Town Maintenance Services) ("District"), as shown on the Boundary Map entitled "Annexation Map No. 1 of Community Facilities District No. 2014-01 (Old Downtown Maintenance Services) of City of Placentia, County of Orange, California (Territory proposed for annexation in the future, with the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed)" ("Map"). The Map is recorded in the records of the Orange County Recorder in Book 109 of Maps of Assessment and Community Facilities Districts at pages 40-41.
3. Landowner asks that the City Council undertake proceedings under the Act to annex territory to the District to levy special taxes on the Property.
4. This Petition asks that the territory to be included in the boundaries of the annexation to the District consists of Property, as shown on the proposed Amended Map filed with the City Clerk of the City and which map is attached hereto as Exhibit "B' and incorporated herein by reference.
Landowner requests and approves the annexation of the Property to the District as a part of the following Tax Rate Area(s) of the District: 330 W. Santa Fe Avenue, Placentia, CA 92870 (APN 339-392-07 and 339-392-08).
6. Landowner acknowledges receipt of the Rate and Method of Apportionment for the District entitled "Rate and Method of Apportionment for City of Placentia Community Facilities District 2024-1 (Old Town Maintenance Services)" attached hereto as Exhibit "C" and incorporated herein by reference, and acknowledges and agrees that, upon annexation, the Property will be subject to an annual special tax to fund the following services, as well as the incidental expenses of administration of the District:
a. Maintenance and lighting of parkways, streets, roads, public parking lots and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to streetlights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; and
b. Maintenance (including irrigation and replacement) of landscaping vegetation and trees situated on or adjacent to parkways, streets, roads, public parking Tots and open space. Maintenance and repair of irrigation facilities; planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation; and c. Maintenance and replacement of public signage and wayfinding signage, directional signage; and
d. Graffiti removal from and maintenance and repair of public structures situated on parkways, streets, roads, public parking lots and open space; and
e. Furnishing, maintenance, repair or replacement of equipment, apparatuses, fixtures or facilities; and
f. Maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts and similar facilities.
Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of any of the water quality improvements within the public right-of-way; clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance; and
g. Public street sweeping and refuse services on the segments of the arterials.
7 Landowner acknowledges that, pursuant to Section 53339.7(a) of the Mello - Roos Act, as a consequence of the consent and approval given by it in this petition, the City Council of the City may annex the Property to the District without any further public hearings or elections. Such annexation may only subject the Property to the taxes associated with the Tax Rate Area(s) listed in Paragraph 5 of this Petition.
8. Landowner asks that the special election to be held under the Act to authorize the annexation to the District and levy special taxes be conducted by the City and its officials, using a mailed or hand -delivered ballot and that such ballot be canvassed and the results certified at the same meeting of the City Council as
the public hearing on the annexation of the Property to the District or as soon thereafter as possible.
9. To expedite the completion of the proceedings, Landowner waives all notices of hearing and all published notices regarding the annexation of Property to the District, notices of election, applicable waiting periods under the Act for the holding of any public hearing and for election and all ballot arguments and analysis for the election, it being acknowledged by the Landowner that all such notices are for the benefit of the Landowner and may be waived. The Landowner agrees to timely complete and return a consent and waiver to be provided to Landowner by the City in order to expedite such proceedings.
Landowner further hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to the District or the special election therein shall be invalidated or affected by any such irregularity, error, mistake or departure.
The undersigned is the owner of the following parcels, identified below by their legal description or by the Assessor's Parcel Number assigned to them by the Orange County Assessor:
339-392-07
339-392-08
The full and complete legal name of the undersigned is as follows:
Jesus Gonzalez
Rosa Gonzalez
The undersigned certifies under penalty of perjury under the laws of the State of California that it is authorized to execute this petition and that the foregoing is true and correct:
Owner Name: -e $ Lk S
By: , ``� [Signature]
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Date: � ti)) I� S [Date]
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Owner Name:
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Date:
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6,t./1/‘"i=- [Signature]
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EXHIBIT A
The following is the legal description of the Property to be annexed to the District.
PARCEL 1:
LOT 7 IN BLOCK B OF BRADFORD'S RESUBDIVISION OF BLOCKS H AND I OF THE
TOWNSITE OF PLACENTIA, IN THE CITY OF PLACENTIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 8, PAGE 65, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
LOT 8 IN BLOCK B OF BRADFORD'S RESUBDIVISION OF BLOCKS H AND I OF THE
TOWNSITE OF PLACENTIA, IN THE CITY OF PLACENTIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 8, PAGE 65, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
AKA: 328-330 SANTA FE STREET, PLACENTIA, CA 93870
AP# 339-392-07 and 339-392-08
THIS MAP WAS PREPARED FOR ORANGE
COUNTY ASSESSOR OEPT. PURPOSES ONLY.
THE ASSESSOR MAKES NO GUARANTEE AS TO
ITS ACCURACY NOR ASSUMES ANY LIABILITY
FOR OTHER USES. N07 TO BE REPRODUCED.
ALL RIGHTS RE5ERVEC.
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EXHIBIT C
Rate and Method of Apportionment
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF PLACENTIA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(OLD TOWN MAINTENANCE SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in City of Placentia Community Facilities District No. 2024-1 ("CFD No. 2024-1") and collected each Fiscal Year commencing in Fiscal Year 2023-2024, in an amount determined by the City Council of the City of Placentia through the application of the Rate and Method of Apportionment as described below. All of the real property in CFD No. 2024-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2024-1: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2024-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2024-1 for any other administrative purposes of CFD No. 2024-1.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining and providing for the levy and collection of the Special Tax.
"CFD No. 2024-1" means the City of Placentia Community Facilities District No. 2024-1 (Old Town Maintenance Services).
"City" means the City of Placentia.
"Consumer Price Index" means, for each Fiscal Year, the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers in the Los Angeles -Long Beach -Anaheim region, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles -Long Beach -Anaheim region. "Council" means the City Council of the City.
"County" means the County of Orange, California.
"Developed Property" means, for each Fiscal Year, all Taxable Property, excluding Existing Building/Structure Property, for which a building permit was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year for construction of a new building/structure.
"Existing Building/Structure Property" means, for each Fiscal Year, all Taxable Property, for which a building or structure existed on such property prior to March 1, 2023.
"Fiscal Year" means the period starting July 1 and ending on the following June
30. "Hotel/Motel Property" means, for each Fiscal Year, all Assessor's Parcels of Non -Residential Property for which a building permit has been issued for building a non-residential structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. Such related facilities may include, but are not limited to, on-site restaurants, retail establishments, conference rooms/areas, etc.
"Hotel/Motel Rooms" means, for each Assessor's Parcel of Hotel/Motel Property, the number of hotel/motel rooms available for rent for the purpose of overnight lodging, as indicated on the building permit issued by the City. If such room data is not included on the building permit for an Assessor's Parcel of Hotel/Motel Property, then the CFD Administrator shall rely on the site plan or other reasonable data sources as determined by the CFD Administrator.
"Industrial Property" means, for each Fiscal Year, all Assessor's Parcels of Non - Residential Property for which a building permit(s) was issued for construction of a non-residential structure(s) which is primarily used for: manufacturing, procession, fabricating, assembly, refining, repairing, packaging, or treatment of goods, material or produce; research and development; and/or warehousing and wholesale distribution of goods, material, or produce.
"Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2024-1. "Multi -Family Residential Property" means any Assessor's Parcel of Residential Property for which one or more building permits have been issued for attached residential units, all of which are made available for rental, but not purchase, by the general public.
"Non -Residential Floor Area" means, for Non -Residential Property, the total square footage of enclosed area within the perimeter of a non-residential structure located on such property, not including any space devoted to vehicle parking, walkway, overhang, patio, and areas incident thereto for which a building permit for new construction was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year. The determination of Non -Residential Floor Area shall be made by reference to the building permit(s) issued for such Assessor's Parcel, or if square footage is not available from this source, as otherwise determined by the CFD Administrator.
"Non -Residential Property" means, for each Fiscal Year, all Developed Property for which a building permit(s) was issued for the construction of a new building/structure with a non-residential use.
"Non -Retail Commercial Property" means all Assessor's Parcels of Non - Residential Property not considered (i) Hotel/Motel Property, (ii) Industrial Property, (iii) Retail Commercial Property, or (iv) Office Property. "Office Property" means, for each Fiscal Year, all Assessor's Parcels of Non - Residential Property for which a building permit(s) was issued for construction of a non-residential structure(s) which is primarily used for: general, professional, and/or medical office space.
"Parcel Square Foot" or "Parcel Square Footage" means the land area, or Acreage multiplied by 43,560, of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Parking Lot Property" means, for each Fiscal Year, Assessor's Parcels 339- 394-06 and 339-394-07 as designated on the Assessor's Parcel Map at the time of formation of CFD No. 3-1 and any other Assessor's Parcel that is not Public Property and for which a building permit has been issued for the construction of, or on which is located a garage, parking lot, or parking structure, as of March 1 of the prior Fiscal Year, and on which is located no other Developed Property, as determined by the CFD Administrator.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor's Parcel within the boundaries of CFD No. 2024-1 that was owned by a property owner association, including any master or sub -association, as of March 1 of the prior Fiscal Year.
"Proportionately" means, for Developed Property, Rehab/Remodel Property, and Parking Lot Property that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Developed Property, Rehab/Remodel Property, and Parking Lot Property.
"Public Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2024-1 that is (i) used for rights-of-way or any other purpose and is owned by or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency as of March 1 of the prior Fiscal Year or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement as of March 1 of the prior Fiscal Year, provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. "Rehab/Remodel Property" means all Assessor's Parcels of Existing Building/Structure Property for which a building permit with a construction valuation greater than $25,000, as determined by the CFD Administrator, was issued after March 1, 2023 and prior to March 1 of the previous Fiscal Year to rehabilitate or remodel Existing Building/Structure Property.
"Residential Property" means all Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Retail Commercial Property" means all Assessor's Parcels of Non -Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator, and not considered (i) Hotel/Motel Property, (ii) Industrial Property, or (iii) Office Property.
"Single Family Residential Property" means any Assessor's Parcel of Residential Property not considered Multi -Family Residential Property.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement for Services.
"Special Tax Requirement for Services" means that amount required in any Fiscal Year to: (i) pay directly for annual maintenance services that are authorized to be financed by CFD No. 2024-1; (ii) pay Administrative Expenses; less (iii) a credit for funds available to reduce the annual Special Tax levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2024-1 which are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Rehab/Remodel Property, Parking Lot Property, Taxable Property Owner Association Property or Taxable Public Property. "Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County's assessor's roll finalized as of the last preceding January 1.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2024-1 shall be classified as Developed Property, Rehab/Remodel Property, Parking Lot Property, or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.
Developed Property shall be further classified as Residential Property or Non - Residential Property. For Residential Property, the Special Tax will be based on the number of dwelling units as indicated on the building permit. For Non -Residential Property, the Special Tax will be based on the Non -Residential Floor Area or number of Hotel/Motel Rooms. For Rehab/Remodel Property and Parking Lot Property, the Special Tax will be based on the Parcel Square Footage.
C. MAXIMUM SPECIAL TAX
1. Developed Property, Rehab/Remodel Property, and Parking Lot Property
a. Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2023-2024 for each Land Use Class is shown below in Table 1.
TABLE 1
Maximum Special Tax for Developed Property, Rehab/Remodel Property, and Parking Lot Property
For Fiscal Year 2023-2024
Land
Use Description Maximum Special Tax
Class
1 Single Family Residential
Property
2 Multi -Family Residential Property
3 Non -Retail Commercial Property
4 Retail Commercial Property
5 Office Property
6 Industrial Property
7 Hotel/Motel Property
$318.00 per dwelling unit
$293.00 per dwelling unit
$0.2996 per square foot of Non -Residential Floor
Area
$0.2074 per square foot of Non -Residential Floor 1
Area
$0.2996 per square foot of Non -Residential Floor
Area
$0.2996 per square foot of Non -Residential Floor
Area
$230.00 per Hotel/Motel Room
8 Rehab/Remodel Property $0.0765 per Parcel Square Foot 9 Parking Lot Property $0.0665 per Parcel Square Foot
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2024, the Maximum Special Tax for Developed Property, Rehab/Remodel Property, and Parking Lot Property shall be increased based on the percentage change in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.
c. Multiple Land Use Classes
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax for such Assessor's Parcel shall be the sum of the Maximum Special
Tax for all Land Use Classes located on that Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final.
2. Undeveloped Property and Existing Building/Structure Property The Special Tax shall not be levied on Undeveloped Property and Existing Building/Structure Property not classified as Rehab/Remodel Property or Parking Lot Property.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement for Services and shall levy the Special Tax until the total Special Tax levy equals the Special Tax Requirement for Services. The Special Tax shall be levied each Fiscal Year as follows:
The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property, Rehab/Remodel Property, and Parking Lot Property at up to 100% of the Maximum Special Tax.
E. EXEMPTIONS
No Special Tax shall be levied on Public Property, Property Owner Association Property, or any Assessor's Parcel that has a Welfare Exemption. However, should an Assessor's Parcel no longer be classified as Public Property, Property Owner Association Property, or have a Welfare Exemption, its tax-exempt status will, without the necessity of any action by the Council, terminate.
F. PREPAYMENT OF SPECIAL TAX
Prepayment of the Special Tax is not authorized.
G. APPEALS/INTERPRETATION
Any landowner or resident may file a written appeal of the Special Tax levied on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant's property and/or provide a refund to the appellant.
If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to
appeal to the Council by filing a written notice of appeal with the Council, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for the appellant's disagreement with the CFD Administrator's determination. The CFD Administrator may charge the appellant a reasonable fee for processing the appeal.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
H. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2024-1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
I. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for Services.
RESOLUTION NO. R-2026-24
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PLACENTIA, CALIFORNIA, ORDERING
THE ANNEXATION OF CERTAIN TERRITORY TO
ITS COMMUNITY FACILITIES DISTRICT NO. 2024-
1 (OLD TOWN MAINTENANCE SERVICES) AND
APPROVING THE AMENDED MAP FOR SAID
DISTRICT (ANNEXATION NO. 2)
A. Recitals.
(i). The City Council of the City of Placentia ("City Council"), by adoption of Resolution No. 2024-13, established the City's Community Facilities District No. 2024-1 (Old Town Maintenance Services) ("District") pursuant to the Mello -Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the "Act"). (ii). The City Council, by adoption of Ordinance No. 0-2024-03, levied an annual special tax against all non-exempt parcels of real property within the District ("Special Tax") to maintain, service, clean, repair and/or replace landscaped and other areas within the District.
(iii). The City Council, by adoption of Resolution No. 2024-15, designated all territory within the District to be a Future Annexation Area for the District. (iv). Pursuant to Resolution No. 2024-15, territory located within the Future Annexation Area may be annexed to the District upon the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed, without additional hearings.
(v). The landowners of the following Assessor Parcel Numbers have submitted to the City a petition unanimously requesting and approving annexation of their respective parcels (collectively "Annexation Parcels") to the District:
• 132 W. Santa Fe Avenue, Assessor Parcel Number 339-394-01; and • 202 W. Santa Fe Avenue, Assessor Parcel Number 339-393-08; and • 101 W. Santa Fe Avenue, Assessor Parcel Number 339-365-26; and • 330 W. Santa Fe Avenue, Assessor Parcel Numbers 339-392-07 and 339-392- 08 (vi). A boundary map entitled "Annexation No. 2, Amended Map No. 2026-01 of Community Facilities District No. 2024-01 of the City of Placentia, County of Orange, State of California", showing the extent of the proposed annexation, is included as Exhibit "A" to this Resolution and incorporated herein by reference ("Boundary Map"). (vii). The City Council desires to annex the Annexation Parcels to the District.
Resolution No. R-2026-24