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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 1 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
2 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
3 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
4 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
5 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
6 13. Cooperation to Effectuate Proiects. 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
7 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
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