Agenda packet — Orange City Council, February 8, 2022 (part 1 of 4)

Thomas R. Hatch
Interim City Manager
Gary A. Sheatz
City Attorney
Pamela Coleman
City Clerk
MARK A. MURPHY
Mayor

KIMBERLEE NICHOLS
Mayor pro tem

CHIP MONACO
Councilmember

ARIANNA BARRIOS
Councilmember, District 1

JON DUMITRU
Councilmember, District 2

KATHY TAVOULARIS
Councilmember, District 3

ANA GUTIERREZ
Councilmember, District 5
AGENDA
City Council
February 08, 2022
5:00 PM Closed Session
6:00 PM Regular Session
City Council Chamber
300 E. Chapman Avenue
Orange, CA 92866
The City of Orange City Council welcomes you to this meeting and encourages your participation. Regular City Council meetings are held on the second Tuesday of each month at 6:00 p.m.

COVID-19 NOTICE
In compliance with California Department of Public Health requirements, masks are required in any indoor space for everyone, regardless of vaccination status.

Agenda Information
The agenda contains a brief general description of each item to be considered. The City Council may take legislative action deemed appropriate with respect to the item and is not limited to the recommended action indicated in staff reports or the agenda. The agenda and supporting documentation is available after 4:00 p.m. on the Thursday prior to the Council meeting on the City's website at www.cityoforange.org, at the City Clerk's Office located at 300 E. Chapman Avenue, and at the Main Public Library located at 407 E. Chapman Avenue. Written materials relating to an item on the agenda that are provided to the City Council after agenda packet distribution and within 72 hours before it is to consider the item will be made available for public inspection in the City Clerk ’s Office during normal business hours; at the City Council meeting; and made available on the City's website.

Public Participation
Regular meetings are televised live on Spectrum Cable Channel 3 and AT&T U-verse Channel 99, and streamed live and on-demand on the City's website at www.cityoforange.org.

Pursuant to Government Code Section 54954.3, members of the public may address the City Council on any agenda item before or during Council’s consideration of the item, and on any other matters within the City Council’s jurisdiction by using any of the following methods:
1) In-Person
To speak on an item on the agenda, complete a speaker card indicating your name and address, and identifying the agenda item number or subject matter you wish to address. The card should be given to the City Clerk prior to the start of the meeting. General comments are received during the “Public Comments” section at the beginning of the Regular Session. No action may be taken on off-agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker unless a different time limit

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1 City Council Agenda February 8, 2022
is announced. It is requested that you state your name for the record, then proceed to address the City Council. All speakers shall observe civility, decorum, and good behavior. 2) Written Public Comments via email or eComment
Members of the public can submit their written comments electronically for City Council consideration by emailing them to [email protected] with the subject line “Public Comment Item # (insert the item number relevant to the comment)” or “Public Comment Non-agenda Item” for general public comments. The public can also submit written comments on the City’s eComment page. Please visit the City’s website at www.cityoforange.org, click Current City Council Agenda, then click the eComment link for this meeting. To ensure distribution to the City Council prior to consideration of the agenda, we encourage the public to submit comments by 3:00 p.m. the day of the meeting. All public comments will be provided to the Council, posted on the City’s website, and compiled as part of the record. 3) Public Comments via recorded voicemail message
Finally, the public can record their comments by calling (714) 744-2234 no later than 5:00 p.m. the day of the meeting. Recorded messages will not be played at the meeting, but will be provided to the Council and the caller's position will be summarized in the minutes.

In accordance with Ordinance No. 10-01, any person making personal, impertinent, slanderous or profane remarks or who becomes boisterous while addressing the Council shall be called to order by the Mayor. If such conduct continues, the Mayor may order the person barred from addressing the City Council further during that meeting, unless permission to continue is granted by a majority vote of the Council.

Please contact the City Clerk’s Office at (714) 744-5500 with any questions.

ADA Requirements: In compliance with the Americans with Disabilities Act, if you need accommodations to participate in this meeting, please contact the City Clerk's office at (714) 744-5500. Notification at least 48 hours in advance of meeting will enable the City to make arrangements to assure accessibility to this meeting.

REMINDER: Please silence all electronic devices while City Council is in session.

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2 City Council Agenda February 8, 2022
5:00 PM CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, members of the public may address the Council on Closed Session items only. Public Comments are limited to three (3) minutes per speaker.

3. RECESS TO CLOSED SESSION
a. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b).

Title: City Manager
b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a)&(d)(1)
Name of Case: Mary's Kitchen, et al. v. City of Orange
United States District Court Case No. 8:21-cv-01483-JVS-KES

4. CLOSED SESSION REPORT

5. ADJOURNMENT
The City Council will adjourn to the 6:00 p.m. Regular Session in the Council Chamber.

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3 City Council Agenda February 8, 2022
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER

1.1 INVOCATION
Pastor Danny Kurimay, Bridge Community Church

1.2 PLEDGE OF ALLEGIANCE
Councilmember Jon Dumitru

1.3 ROLL CALL

1.4 PRESENTATIONS/ANNOUNCEMENTS
Proclamation honoring Lorenzo Ramirez and the 75th Anniversary of Mendez v.

Westminister School District
Proclamation of Support for County Efforts to Combat Fentanyl Orange County Housing Finance Trust Presentation

2. PUBLIC COMMENTS
At this time, members of the public may address the Council on matters not listed on the agenda within the subject matter jurisdiction of the City Council, provided that NO action may be taken on off-agenda items unless authorized by law. Public Comments are limited to three (3) minutes per speaker.

3. 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, staff or the public may request an item be removed from the Consent Calendar for discussion or separate action. Unless otherwise specified in the request to remove an item from the Consent Calendar, all items removed shall be considered immediately following action on the remaining items on the Consent Calendar.

3.1. Waive reading in full of all ordinances on the Agenda.

Approve.

Recommended Action:

Attachments: Staff Report

3.2. Confirmation of warrant registers dated January 6, 14, 20, and 28, 2022.

Approve.

Recommended Action:

Attachments: Staff Report

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4 City Council Agenda February 8, 2022

3.3. Approval of meeting minutes of the City Council of the City of Orange for the January 11, 2022, Regular Meeting; and January 15, 2022, Adjourned Regular Meeting.

Approve minutes as presented.

Recommended Action:

Staff Report
January 11, 2022, Regular Meeting minutes
January 15, 2022, Adjourned Regular Meeting minutes
Attachments:

3.4. Second Amendment to the Agreement with Lyons Security Services Inc., for additional park security services.

Approve the second amendment with Lyons Security Services Inc., for additional park security services in the amount not to exceed $40,000.

Recommended Action:

Staff Report
Draft - Second Amendment - Lyons Security Services
Attachments:

3.5. Authorize purchase of one Storage Area Network (SAN) for the Civic Center datacenter and related support services from Sidepath, Inc.

Approve the purchase of the Storage Area Network (SAN) and the accompanying five year service plan for the Civic Center datacenter from Sidepath, Inc., in the amount of $176,738.

Recommended Action:

Staff Report
QUOTE-SIDQ36910-01-Orange-SIDPROJECT34102-PowerStore
1000T (5Y Mission Critical Support).pdf
QUOTE-SIDQ36835-03-Orange-SIDPROJECT34027-CML SYS
7380-7381.pdf
Attachments:

3.6. Agreement with the County of Orange for Fiscal Year 2020-2021 Edward Byrne Memorial Justice Assistance Grant.

1. Approve the purchase of handguns from ProForce Law Enforcement for $12,433.

2. Approve the agreement with the County of Orange in the amount of $12,579 for Fiscal Year 2020-2021 Edward Byrne Memorial Justice Assistance Grant Program and authorize the City Manager to execute on behalf of the City.

3. Accept into the City’s revenue budget a $12,579 grant from the County of Orange, into revenue account number 353.4011.45150.30193, Federal Grants - 2021 JAG.

4. Authorize the appropriation of $12,579 into expenditure account number 353.4011.55131.30193, Equipment - 2021 JAG.

Recommended Action:

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Staff Report
JAG MOU 15PBJA-21-GG-01188-JAGX
Attachments:

3.7. Agreement with Complete Paperless Solutions, LLC for Laserfiche annual maintenance and additional implementation of an electronic election candidate processing portal.

Approve the agreement with Complete Paperless Solutions, LLC in the amount of $103,482.80 for Laserfiche support and additional modules, providing product updates and enhancements for 12 months, and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Professional Services Agreement with Complete Paperless Solutions Attachments:

3.8. Second Amendment to Master Agreement No. 7611 with Siemens Industry, Inc. for maintenance of surveillance cameras, hardware infrastructure, and the Genetec license supporting the City’s existing Genetec security platform for the Metrolink Station.

Approve the agreement with Siemens Industry, Inc. in the total amount of $46,206.35 for maintenance of surveillance cameras, hardware infrastructure, and the Genetec license; and authorize the Mayor and City Clerk to execute on behalf of the City.

Recommended Action:

Staff Report
Second Amendment with Siemens Industry
Attachments:

3.9. Appropriation of $118,181 in grant funding received for the 2021-2022 North Orange County Public Safety Collaborative Program.

1. Accept into the City’s revenue budget $118,181 in grant funding from the Board of State and Community Corrections, into revenue account number 100.4011.45290.30189, General Fund - North Orange County Public Safety.

2. Authorize the appropriation of $118,181 into the following expenditure accounts of the General Fund- North Orange County Public Safety:
100.4021.50221.30189 Overtime - Safety 40,000
100.5021.50222.30189 Overtime - Miscellaneous 38,181
100.7022.51700.30189 Contractual Services 40,000
Total $118,181
Recommended Action:

Attachments: Staff Report

3.10. Appropriation of $1,566,207.43 in State of California Office of Emergency

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Services funding received.

1. Accept into the City’s revenue budget $1,566,207.43 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal-OES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $1,547,602.94 into the expenditure account numbers for Overtime-Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $18,604.49 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

Recommended Action:

Attachments: Staff Report

3.11. Acceptance of 19 grant funded Wi-Fi hotspots with data plans, 13 Chromebook laptops, and 12 accessory kits for the Library’s lending collection, valued at $14,500, received from California State Library and Southern California Library Cooperative.

1. Accept into the City’s revenue budget $14,500 in grant funds from California State Library and Southern California Library Cooperative into revenue account number 100.2001.45290.30192, General Fund - Home Connectivity Kit Project.

2. Authorize the appropriation of $14,500 in grant funds into expenditure account number 100.2004.55131.30192 - Furniture, Machinery, Equipment for General Fund - Home Connectivity Kit Project.

Recommended Action:

Attachments: Staff Report

3.12. Approval of plans and specifications for D-178; Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project; and authorization to advertise Bid No. 21-22.27.

Approve plans and specifications and authorize advertising for bids for the Tustin St ., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project.

Recommended Action:

Staff Report
Location Maps
Attachments:

3.13. Approval of plans and specifications for Annual Pavement Maintenance at Various Locations, Fiscal Year 2021-2022; and authorization to advertise Bid No. 21-22.28, SP-4183.

Approve plans and specifications and authorize advertising for bids for Annual Pavement Maintenance at Various Locations, Fiscal Year 2021-2022.

Recommended Action:

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Staff Report
Location Maps.pdf
Attachments:

3.14. Approval of plans and specifications for Community Development Block Grant El Modena Branch Library Restroom Remodel, and authorization to advertise for bids.

Approve plans and specifications and authorize advertising for bids for El Modena Branch Library Restroom Remodel Project; Bid No. 21-22.26.

Recommended Action:

Staff Report
Location Map
Attachments:

3.15. Claims for Damages.

Deny the following claims and refer to City Attorney and Claims Adjuster:

1. Roman Martinez Barrera

2. Joseph & Corinne Conard

3. Holly Morales

4. Sonia Beatriz Costa

5. Ashley Kumar Saroya

6. Allstate a/s/o Chau Vu

7. Erika Betancourt
Recommended Action:

Attachments: Staff Report

3.16. Final Acceptance of Bid No. 20-21.36, Annual Sewer Line Replacement/Maintenance FY 20-21; and authorization to file Notice of Completion.

Accept Annual Sewer Line Replacement/Maintenance FY 20-21 project (S-244) as complete, and authorize staff to file Notice of Completion with the County Recorder.

Recommended Action:

Staff Report
Notice of Completion and Acceptance
Attachments:

3.17. Sole source procurement and installation of three emergency vehicle preemption system units.

Authorize the sole source purchase and installation of three Opticom GPS Emergency Vehicle Preemption Systems from DDL Traffic, Inc. for an amount not to exceed $33,350.

Recommended Action:

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Staff Report
Vicinity Map.pdf
DDL Traffic, Inc. Quote
Sole Source Letter from Global Traffic Technologies
Attachments:

3.18. Authorize purchase of landscape supplies from SiteOne Landscape Supply.

Approve a blanket purchase order of $60,000 with SiteOne Landscape Supply.

Recommended Action:

Attachments: Staff Report

3.19. Authorize purchase of annual VMware support at both the Civic Center and Orange Police Department datacenters from Sidepath, Inc.

Approve the purchase of VMware annual support for both the Civic Center and Orange Police Department datacenters from Sidepath, Inc. in the amount of $17,053.

Recommended Action:

Staff Report
Quote from Sidepath for VMware Renewal
Attachments:

3.20. Monthly Treasurer’s Reports for October, November, and December 2021.

Receive and file.

Recommended Action:

Staff Report
Investment Report for October 2021
Investment Report for November 2021
Investment Report for December 2021
Attachments:

3.21. City Traffic Commission Activity Report for 2021
Receive and file.

Recommended Action:

Staff Report
Activity Recap
Attachments:

3.22. Request to the Orange County Transportation Authority for a 24-month delay for Tustin Avenue/Rose Drive Corridor Regional Traffic Signal Synchronization Program Project. Resolution No. 11371.

Adopt Resolution No. 11371. A Resolution of the City Council of the City of Orange approving a request to pursue a project delay from the Orange County Transportation Recommended Action:

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Authority for the Tustin Avenue/Rose Drive Corridor - Project P Regional Traffic Signal Synchronization Program.

Staff Report
Resolution No. 11371
Attachments:

3.23. Approval of temporary street closures for approved special events. Resolution No.11375.

1. Adopt Resolution No.11375. A Resolution of the City Council of the City of Orange approving the temporary closure of sections of public streets for approved special events.

2. Approve closure of municipal parking lots and temporary suspension of neighborhood permit parking restrictions for certain events and dates occurring in Fiscal Year 2022-2023.

Recommended Action:

Staff Report
Resolution No. 11375
Map of Municipal Parking Lots
Map of Permit Parking Area A
Map of Permit Parking Area D & G
Site Sketch of South Orange Street at Assistance League Building Letters of Request
Attachments:

3.24. Amendment to the Master Schedule of Fees and Charges to adjust the annual Paramedic Subscription Program fee. Resolution No. 11373.

Adopt Resolution No. 11373. A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees and Charges to adjust the annual Paramedic Subscription fee.

Recommended Action:

Staff Report
Resolution No. 11373
Attachments:

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3.25. A Resolution of the City Council of the City of Orange amending Resolution No. 11278 between the City of Orange and the Water Division Employees’ Association (WDEA), to replace Appendix A. Resolution No. 11374.

Adopt Resolution No.11374. A Resolution of the City Council of the City of Orange amending Resolution No. 11278 to reflect the correct monthly salaries in the January 2, 2022 salary table.

Recommended Action:

Staff Report
Resolution No. 11374
Attachments:

END OF CONSENT CALENDAR
* * * * * * * *

4. REPORTS FROM MAYOR MURPHY

5. REPORTS FROM COUNCILMEMBERS
An opportunity for Councilmembers to make a brief announcement, report, or request.

No action(s) will be taken pursuant to Government Code Section 54954.2(3).

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS

7. ADMINISTRATIVE REPORTS

7.1. Support of AB 1595 Allowing the Development of a State-Operated Veterans Cemetery in Orange County. Resolution No. 11372.

1. Adopt Resolution No. 11372. A Resolution of the City Council of the City of Orange in support of AB 1595 allowing the development of a state-operated veterans cemetery in Orange County.

2. Authorize the Mayor to sign the letter of support for Assembly Bill 1595.

Recommended Action:

Staff Report
Resolution No. 11372
AB 1595 Support Letter
Attachments:

7.2. An overview of the Code Compliance Division’s operations Receive and file.

Recommended Action:

Staff Report

1.31.21 Code Enforcement Area Map 4 areas
Attachments:

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7.3. Status of Fiscal Year 2021-22 budget and preliminary projections for Fiscal Year 2022-23 budget preparation.

Receive and file report, and approve in one motion the following:

1. Authorize the transfer of $3,500,000 from the unreserved fund balance of the General Fund to the Pension Stabilization Reserve (760).

2. Authorize the transfer of $7,000,000 from the unreserved fund balance of the General Fund to the Capital Projects Fund (500).

3. Authorize the transfer of $4,800,000 from the unreserved fund balance of the General Fund to the Business Investment Fund (115).

4. Authorize the transfer of $54,000 from the General Fund expenditure account number 100.4021.50002.00000 to expenditure account number 100.6032.50002.00000.

5. Authorize the appropriation of $60,000 from the General Fund unreserved fund balance to expenditure account number 100.5013.51670.00000, Other Professional & Consulting Services.

6. Authorize the appropriation of $150,000 from the unreserved fund balance of the Capital Project Fund (500) to expenditure account number 500.5032.56100.16302, Minor Traffic Devices.

7. Authorize the appropriation of $35,000 from the Worker’s Compensation Fund (730) unreserved fund balance to expenditure account number 730.0312.52232.00000, Worker’s Compensation Premium.

8. Authorize the appropriation of $65,000 from the Liability Fund (740) unreserved fund balance to expenditure account 740.0312.52011.00000, Public Liability Premium.

9. Authorize the appropriation of $50,000 from the Liability Fund (740) unreserved fund balance to expenditure account 740.0312.52320.00000, Property Damage.

10. Authorize the appropriation of $400,000 from the Liability Fund (740) unreserved fund balance to expenditure account 740.0312.52310.00000, Liability Claims Paid.

11. Accept in the City’s revenue budget $268,236 in funds from the American Rescue Plan.

12. Authorize the appropriation of $268,236 into the following expenditure account numbers for salaries and benefits:
$102,500 101.3099.50002.00000
$165,736 101.4099.50002.00000

13. Adopt Resolution No. 11376, A Resolution of the City Council of the City of Orange Amending Resolution No. 11272 between the City of Orange and Orange Management Association to include the salary range for the new classification of Permit Supervisor, effective February 8, 2022.

14. Adopt Resolution No. 11377 amending the citywide salary schedule in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5.

15. Authorize the following changes to the City’s Schedule of Positions:
a. Reclassify the Assistant City Attorney/Risk Manager, Position 094-002, to Recommended Action:

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Senior Assistant Attorney in the City Attorney’s office. b. Reinstate the Risk Manager position in the City Attorney’s Office. c. Authorize the addition of an Administrative Analyst I position in the Fire Department.
d. Transfer Police Code Enforcement Officer, Position 397-001, from the Police Department to the Community Development Department and reclassify to Code Compliance Officer.
e. Reclassify Code Compliance Officer, Position 340-001, to Senior Code Compliance Officer in the Community Development Department. f. Reclassify Permit Technician to Permit Supervisor in the Public Works Department.

Staff Report
General Fund - Mid Year Report Ending 12-31-21
Resolution No. 11376
Resolution No. 11377
Attachments:

8. REPORTS FROM CITY MANAGER

9. LEGAL AFFAIRS

9.1. Introduction and first reading of an Ordinance of the City Council of the City of Orange amending Title 2, Chapter 2.10 of the Orange Municipal Code by deleting Section 2.10.090 to eliminate the current prohibition against receiving contributions from candidate controlled committees. Ordinance No. 01-22.

Introduce and approve Ordinance No. 01-22.

Recommended Action:

Staff Report
Ordinance No. 01-22 (Redlined)
Attachments:

10. PUBLIC HEARINGS
The following item will begin no earlier than 7:00 p.m.

10.1. Public Hearing to Review Draft Focus District Maps and Public Maps.

1. Conduct a public hearing to review draft focus district maps and public maps.

2. City Council may select a final map from the draft maps presented or direct modifications to any of the draft maps presented for future hearing and consideration.

Recommended Action:

Staff Report
Initial and Revised Draft District Maps
Redistricting Public Outreach Update
Public Comments sent to the City Manager's Office
Attachments:

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10.2. Public Hearing to receive and file report summarizing measures taken to evaluate impacts addressed by urgency Ordinance No. 02-21; and to consider adoption of second extension of urgency Ordinance No. 02-21.

1. Receive and file report of measures taken.

2. Adopt Ordinance No. 02-21-B. Second Extension of a Revised Urgency Ordinance of the City Council of the City of Orange prohibiting the addition of three or more bedrooms or three or more bathrooms to a primary residence use on lots less than 12,000 square feet, and adding definitions of dormitory and student housing.

Recommended Action:

Staff Report
Ordinance No. 02-21-B
Attachments:

10.3. Public Hearing to consider an Agreement to Convey Land with OSH Katella Terrace LLC accepting a land donation of the property located at 1249 E. Katella Avenue from OSH Katella, LLC to facilitate the development of the Katella Terrace Apartments senior affordable housing project.

1. Approve the Agreement to Convey Land with OSH Katella Terrace, LLC and authorize the Mayor and City Clerk to execute on behalf of the City.

2. Authorize the City Manager to approve and execute documents approved as to form by the City Attorney necessary to carry out the Agreement to Convey Land and the acquisition of the property by the City, including without limitation escrow documents, title documents, conveyance documents and certificate of acceptance.

3. Authorize the City Manager to sign a commitment letter to Katella Terrace LP that is consistent with the provisions of the Agreement to Convey Land.

Recommended Action:

Staff Report
Agreement to Convey Land
Attachment 2: Form of Lease Agreement
Attachments:

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10.4. Public Hearing to consider General Plan Amendment No. 2022-0001; City of Orange 2021-2029 Housing Element Update.

Adopt City Council Resolution No. 11378. A Resolution of the City Council of the City of Orange approving General Plan Amendment No. 2022-0001 adopting the City of Orange 2021-2029 General Plan Housing Element.

Recommended Action:

Staff Report
Attachment 1 Resolution No. 11378
Attachment 2 Planning Commission Resolution No. PC 01-22 Attachment 3 Planning Commission Staff Report and Draft Minutes, January 3, 2022
Attachment 4 Draft 2021-2029 Housing Element Update
Attachments:

11. ADJOURNMENT
The next Regular City Council meeting will be held on Tuesday, March 8, 2022, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.

I, Jennifer Connally, CMC, Deputy City Clerk for the City of Orange, do hereby declare, under penalty of perjury, that a full and correct copy of this agenda was posted pursuant to Government Code Section 54950 et. seq., at the following locations: Orange Civic Center kiosk and Orange City Clerk's Office at 300 E. Chapman Avenue, Orange Main Public Library, 407 E. Chapman Avenue, Police facility at 1107 N. Batavia Street, and uploaded to the City's website www.cityoforange.org.

Date posted: February 3, 2022

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15 Agenda Item
City Council
Item #: 3.1. 2/8/2022 File #: 22-0053
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Waive reading in full of all ordinances on the Agenda.

2. SUMMARY
This item asks the City Council to waive the reading in full of all ordinances on the agenda (if any) and approve their reading by title only.

State law requires that all ordinances be read in full either at the time of the introduction or at the time of passage, unless a motion waiving further reading is adopted by a majority of the City Council (Gov.

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.1. 2/8/2022 File #: 22-0053
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Waive reading in full of all ordinances on the Agenda.

2. SUMMARY
This item asks the City Council to waive the reading in full of all ordinances on the agenda (if any) and approve their reading by title only.

Code § 36934).

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.2. 2/8/2022 File #: 22-0054
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Confirmation of warrant registers dated January 6, 14, 20, and 28, 2022.

2. SUMMARY
The warrant writings for the above listed dates are on file in the Office of the City Clerk for Council reference.

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.2. 2/8/2022 File #: 22-0054
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Confirmation of warrant registers dated January 6, 14, 20, and 28, 2022.

2. SUMMARY
The warrant writings for the above listed dates are on file in the Office of the City Clerk for Council reference.

3. RECOMMENDED ACTION
Approve.

4. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.3. 2/8/2022 File #: 22-0072
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of meeting minutes of the City Council of the City of Orange for the January 11, 2022, Regular Meeting; and January 15, 2022, Adjourned Regular Meeting.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meeting(s).

3. RECOMMENDED ACTION
Approve minutes as presented.

4. ATTACHMENTS
· January 11, 2022, Regular Meeting minutes
· January 15, 2022, Adjourned Regular Meeting minutes
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Agenda Item
City Council
Item #: 3.3. 2/8/2022 File #: 22-0072
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Pamela Coleman, City Clerk

1. SUBJECT
Approval of meeting minutes of the City Council of the City of Orange for the January 11, 2022, Regular Meeting; and January 15, 2022, Adjourned Regular Meeting.

2. SUMMARY
Submitted for your consideration and approval are the minutes of the above meeting(s).

3. RECOMMENDED ACTION
Approve minutes as presented.

MINUTES - DRAFT
The City Council of the City of Orange, California convened on January 11, 2022, at 5:00 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California. 5:00 PM EMPLOYEE RECOGNITION

1. WELCOME
Mayor Murphy opened the meeting and welcomed everyone.

2. EMPLOYEE SERVICE AWARDS
Recognition of employee service.

3. RECESS
The City Council recessed at 5:22 p.m. and convened in Closed Session. 5:15 PM CLOSED SESSION

1. ROLL CALL

Present: Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and Murphy

Absent: Dumitru

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:25 p.m. with all Members present, except Councilmember Dumitru who was absent, to discuss the following:
a. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(a) & (d)(1) - One case Name of Case: Abarca, et al. v. City of Orange, et al.

Orange County Superior Court Case No. 30-2020-01164035
b. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b).

Title: City Manager

4. CLOSED SESSION REPORT
None

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22 City Council Minutes - Draft January 11, 2022

5. ADJOURNMENT
Closed Session was adjourned at 5:47 p.m.
6:00 PM REGULAR SESSION

1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 6:01 p.m.

1.1 INVOCATION
Given by Pastor Brenton Fessler from Refuge OC.

1.2 PLEDGE OF ALLEGIANCE
Led by Councilmember Arianna Barrios.

1.3 ROLL CALL

Present: Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and Murphy

Absent: Dumitru

1.4 PRESENTATIONS/ANNOUNCEMENTS
Introduction of Miss City of Orange 2022 contestants

2. PUBLIC COMMENTS
Public Speakers
Carole Walters raised concerns with speeding traffic on Tustin St.

Catherine Moore discussed the Good Samaritan Project.

The following spoke in opposition of a proposed cemetery near Palmyra Avenue:

Bernie Galasso, Alan Kinkaid, Sharon Galasso, Silvia San Nicolas, and Caren Wolf.

Written Public Comment
Alyssa Burns emailed in support of reopening the Paseo.

Laurie Dixon emailed in support of reopening the Paseo.

Rosie Hitzeman emailed in support of reopening the Paseo.

Sean Drexler emailed in support of reopening the Paseo.

Janice Brownfield emailed about ways to reduce methane emissions from landfills.

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23 City Council Minutes - Draft January 11, 2022

3.1. Waive reading in full of all ordinances on the Agenda.

ACTION: Approved.

3.2. Confirmation of warrant registers dated December 3, 9, 17, and 22, 2021.

ACTION: Approved.

3.3. Approval of meeting minutes of the City Council of the City of Orange for the December 12, 2021, Adjourned Regular Meeting and December 14, 2021, Regular Meeting.

ACTION: Approved minutes as presented.

3.4. Agreement with California Waters Development, Inc. for ongoing maintenance of four City fountains.

ACTION: Approved agreement with California Waters Development, Inc. in the amount of $76,510.80 for ongoing maintenance of four City fountains; and authorized the Mayor and City Clerk to execute on behalf of the City.

3.5. Support agreement with SidePath, Inc. for the Civic Center and Police Department storage area networks (SAN).

ACTION: Approved the agreement with SidePath, Inc. in the amount of $51,530.44 for the period of February 1, 2022, through January 31, 2023.

3.6. First Amendment to Attorney Services Agreement with The Sohagi Law Group to provide legal services related to a California Environmental Quality Act (CEQA) challenge to the approval of the Ronald McDonald House expansion.

ACTION: 1) Approved a First Amendment to Attorney Services Agreement with The Sohagi Law Group in the amount of $50,000 and authorized the Mayor and City Clerk to execute on behalf of the City; and 2) Authorized the appropriation of $50,000 from the General Fund unreserved fund balance to expenditure account number 100.0301.51600.00000, General Fund - Legal Services.

3.7. Appropriation of $129,124.32 in State of California Office of Emergency Services funding received.

ACTION: 1) Accepted into the City’s revenue budget $129,124.32 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal-OES reimbursements as follows:
$ 129,124.32 100.3024.48212.40276 - Reimbursement from Cal EMA 2) Authorized the appropriation of $128,170.72 into the expenditure account number for Overtime-Safety as follows:
$ 128,170.72 100.3024.50221.40276 - Overtime-Safety
3) Authorized the appropriation of $953.60 into the expenditure account number for Strike Team Expenditures as follows:
$ 953.60 100.3024.53860.40276 - Strike Team (expenditures)

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24 City Council Minutes - Draft January 11, 2022

3.8. Appropriation of $38,799.29 in Senior Mobility Program funds.

Item 3.8 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.

In response to Council's questions, staff clarified that the Senior Mobility Program funds could only be used for transportation services within the City of Orange.

ACTION: A motion was made by Councilmember Gutierrez, seconded by Councilmember Monaco, to authorize the appropriation of $38,799.29 from the Traffic Improvement-Measure M2 unreserved fund balance to the following expenditure accounts for Traffic Improvement-Measure M2:
$91.70 263.7041.51780.20385 - Sr. Transportation 18-19
$17,253.20 263.7041.51780.20412 - Sr. Transportation 19-20 $21,454.39 263.7041.51780.30151 - Sr. Transportation 20-21.

The motion carried by the following vote:

Ayes: Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and Murphy Noes: None

Absent: Dumitru

3.9. Approval of plans and specifications for Fire Station No. 5 Bathroom Remodel, and authorization to advertise for bids.

ACTION: Approved plans and specifications and authorized advertising for bids for Fire Station No. 5 Bathroom Remodel Project; Bid No. 21-22.24.

3.10. Approval of plans and specifications for Annual Sewer Maintenance, Fiscal Year 2021-2022; and authorization to advertise for bids.

ACTION: Approved plans and specifications and authorized advertising for bids for the Annual Sewer Maintenance, Fiscal Year 2021-2022; S-245; Bid No. 21-22.18.

3.11. Claims for Damages.

ACTION: Denied the following claims and referred to City Attorney and Claims Adjuster:

1. V.L. (minor)

2. David Nelson

3. Rita Consuelo Revilla

4. Evan Dominic Belli

5. Eric Daniel Pompei

6. Patricio Esqueda

7. Michael J. Padilla

8. Alyssa O’Hara

3.12. Award of Contract to CT&T Concrete Paving, Inc. for Annual Concrete Replacement at Various Locations, Fiscal Year 2021-2022; Bid No. 21-22.19.

ACTION: 1) Authorized the appropriation of $100,000 from Unreserved Fund 263 Measure M2 to 263.5011.56330.13120 Pavement Management Program; and 2) Approved contract with CT&T Concrete Paving, Inc. in the total amount of $852,808, representing an original amount of $775,280 plus a 10% contingency of $77,528, for Annual Concrete Replacement Project, Fiscal Year 2021-2022; and authorized the Mayor and City Clerk to execute on behalf of the City.

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25 City Council Minutes - Draft January 11, 2022

3.13. Final Acceptance of Bid No. 21-22.03, Chapman Avenue Alley Improvement; and authorization to file Notice of Completion.

ACTION: Accepted Chapman Avenue Alley Improvement (SP-4164) as substantially complete, and authorized staff to file Notice of Completion with the County Recorder.

3.14. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code (Zoning) to update noticing and posting requirements. Ordinance No. 17-21.

Item 3.8 was removed from the Consent Calendar for separate consideration by Councilmember Gutierrez.

In response to Council's questions, staff clarified that the noticing requirement was being increased from 300 feet to 400 feet through a separate ordinance.

ACTION: A motion was made by Councilmember Gutierrez, seconded by Councilmember Monaco, to adopt Ordinance No. 17-21. The motion carried by the following vote:

Ayes: Nichols, Monaco, Tavoularis, Gutierrez, and Murphy Noes: Barrios

Absent: Dumitru

3.15. Second Reading and adoption of an Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code (Zoning) to update and establish new development standards for fences and walls. Ordinance No. 19-21.

ACTION: Adopted Ordinance No. 19-21.

3.16. Audited Financial Statements and Related Financial Reports for the fiscal year ended June 30, 2021.

Written Public Comment
Jordan Prell submitted an eComment congratulating and thanking staff for a successful audit.

ACTION: Received and filed the following documents for the fiscal year ended June 30, 2021: 1) Annual Comprehensive Financial Report, 2) Audit Communication Letter, 3) Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Appropriations Limit Worksheets, 4) Independent Accountants’ Report on Agreed-Upon Procedures Applied to the Investment Portfolio, 5) Air Pollution Reduction Fund Financial Statements and Independent Auditors’ Report, 6) Independent Auditors’ Report on Internal Control Over Financial Reporting, 7) Housing Successor Fund Financial Statements, and 8) Single Audit of Federally Assisted Grant Programs.

Approval of the Consent Calendar
Items 3.8 and 3.14 were removed from the Consent Calendar and heard separately. All other items were approved as recommended.

A motion was made by Councilmember Monaco, seconded by Mayor pro tem Nichols, to approve the Consent Calendar as recommended. The motion carried by the following vote:

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26 City Council Minutes - Draft January 11, 2022
Ayes: Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and Murphy Noes: None

Absent: Dumitru

END OF CONSENT CALENDAR
* * * * * * * *

4. REPORTS FROM MAYOR MURPHY

4.1. Consideration of appointment of City Councilmembers to City Regional Boards and Committees.

Mayor Murphy reported his only recommended change to the current Councilmember appointments to regional boards and committees was to appoint Councilmember Tavoularis to the vacant alternate positions on the Foothill Eastern TCA and Orange Elderly Services Board.

A motion was made by Mayor Murphy, seconded by Councilmember Monaco, to confirm the appointments of City Councilmembers to City regional boards and committees with Councilmember Kathy Tavoularis as the alternate on the Foothill Eastern TCA and Orange Elderly Services Board, and all other appointments as is.

The motion carried by the following vote:

Ayes: Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and Murphy Noes: None

Absent: Dumitru

5. REPORTS FROM COUNCILMEMBERS

5.1. Highlight Local Business (Gutierrez & Barrios)
Councilmember Gutierrez highlighted the following local business: Orange Cycle and Bike Alley. Councilmember Barrios highlighted the following local business: Assistance League of Orange.

5.2 Code Enforcement Discussion (Barrios)
Councilmember Barrios requested a report outlining code enforcement staffing levels, rates of calls, and most current 24/7 app statistics.

5.3 Orange Police Department Crime Report (Barrios)
Councilmember Barrios requested a crime statistics report be presented at a future meeting.

Councilmember Tavoularis requested an amendment to the Campaign Ordinance to allow for campaign committees to receive and contribute funds to and from another candidate's committee.

6. REPORTS FROM BOARDS, COMMITTEES, AND COMMISSIONS
None

7. ADMINISTRATIVE REPORTS
None

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27 City Council Minutes - Draft January 11, 2022

8. REPORTS FROM CITY MANAGER
None

9. LEGAL AFFAIRS
None

10. PUBLIC HEARINGS

10.1. Public Hearing to consider a request for Permit Parking on portions of Madison Avenue, Orange Grove Avenue, and Wayfield Street. Resolution No. 11370.

Mayor Murphy opened the Public Hearing at 6:46 p.m.

Public Speakers
Neil Mansdorf requested two permits for his nearby business.

Owen Riehle spoke in support of approving the permit parking area.

Chopin had questions pertaining to how permits are issued.

Lupita discussed her attempt to expand her driveway to add a parking space.

Mayor Murphy closed the Public Hearing at 7:10 p.m.

During discussion, staff was directed to: petition adjoining neighborhoods to determine their interest in being included in the permit parking program, provide Dr. Mansdorf two permits, and explore the option of allowing properties to expand their driveways to allow for additional parking.

A motion was made by Councilmember Monaco, seconded by Mayor pro tem Nichols, to: 1) Approve permit parking on the following street segments: a) both sides of Madison Avenue from Wayfield Street to the cul-de-sac, b) both sides of Orange Grove Avenue from Wayfield Street to the westerly property lines of 1743/1744 East Orange Grove Avenue, c) West side of Wayfield Street from Orange Grove Avenue to Madison Avenue, and d) East side of Wayfield Street from Orange Grove Avenue to the property line at 565/555 North Wayfield Street; and 2) Adopt Resolution No. 11370.

The motion carried by the following vote:

Ayes: Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and Murphy Noes: None

Absent: Dumitru
Resolution No. 11370. A Resolution of the City Council of the City of Orange rescinding Resolution No. 11343, and adopting a revised master resolution of permit parking areas within the City of Orange.

10.2. Public Hearing to consider extension of Urgency Ordinance No. 18-21 amending Titles 16 and 17 of the Orange Municipal Code to enact definitions and development standards applicable to lot splits and second dwelling units in single-family residential zones allowed as a result of Senate Bill 9.

Mayor Murphy opened the Public Hearing at 7:15 p.m.; there being no speakers, Mayor Murphy closed the Public Hearing at 7:15 p.m.

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28 City Council Minutes - Draft January 11, 2022
A motion was made by Mayor pro tem Nichols, seconded by Councilmember Monaco, to receive and file the report and adopt the extension of Ordinance No. 18-21 and the findings of urgency. The motion carried by the following vote:

Ayes: Nichols, Monaco, Barrios, Tavoularis, Gutierrez, and Murphy Noes: None

Absent: Dumitru
Ordinance No. 18-21-A. Extension of an urgency ordinance of the City Council of the City of Orange amending Title 16 (Subdivisions) and Title 17 (Zoning) of the Orange Municipal Code by enacting ministerial standards applicable to lot splits in single-family residential zones allowed as a result of SB 9, enacting ministerial standards applicable to the location, access, size and setback of second dwelling units in single-family residential zones allowed as a result of SB 9, and revising definitions to clarify said development standards.

11. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:18 p.m. to a meeting on Saturday, January 15, 2022, at 11:00 a.m. in the Council Chamber for Closed Session.

The next Regular City Council meeting will be held on Tuesday, February 8, 2022, at 6:00 p.m., in the Council Chamber, with Closed Session beginning at 5:00 p.m., if necessary.
______________________ _________________________
PAMELA COLEMAN MARK A. MURPHY

CITY CLERK MAYOR

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29 City of Orange
City Council
January 15, 2022

MINUTES - DRAFT
The City Council of the City of Orange, California convened on January 15, 2022, at 11:00 a.m. in an Adjourned Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
11:00 AM CLOSED SESSION

1. OPENING/CALL TO ORDER
Mayor Murphy called the meeting to order at 11:04 a.m.

1.1 ROLL CALL

Present: Barrios, Tavoularis, Gutierrez, and Murphy

Absent: Nichols, Monaco, and Dumitru

2. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
None

3. RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 11:06 a.m. with all Members present, except for Mayor pro tem Nichols, Councilmember Dumitru, and Councilmember Monaco who were absent, to discuss the following:
a. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957(b).

Title: City Manager

4. CLOSED SESSION REPORT
Council reconvened in Open Session at 11:10 a.m. City Attorney Sheatz reported the City Council voted unanimously to continue Closed Session to Saturday, January 29, 2022, at 11:00 a.m.

5. ADJOURNMENT
There being no further business, the meeting was adjourned at 11:10 a.m. to Saturday, January 29, 2022, at 11:00 a.m. in the Council Chamber for Closed Session. ______________________ _________________________
PAMELA COLEMAN MARK A. MURPHY

CITY CLERK MAYOR

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30 Agenda Item
City Council
Item #: 3.4. 2/8/2022 File #: 22-0041
TO: Honorable Mayor and Members of the City Council
THRU: Tom Hatch, Interim City Manager
FROM: Bonnie Hagan, Assistant City Manager / Community Services Director

1. SUBJECT
Second Amendment to the Agreement with Lyons Security Services Inc., for additional park security services.

2. SUMMARY
This amendment provides for daytime park security hours to address unlawful activity in the parks.

The total cost of this amendment is $40,000.

3. RECOMMENDED ACTION
Approve the second amendment with Lyons Security Services Inc., for additional park security services in the amount not to exceed $40,000.

4. FISCAL IMPACT
The total expenditure for this amendment is $40,000 and will be funded through grant funding from North Orange County Public Safety Collaborative received through the General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
Over the past few years, the City has employed the services of Lyons Security Services Inc. (Lyons), a private security firm, to patrol City parks during non-operating hours. This strategy has proven very effective in reducing vandalism such as graffiti, electrical wire theft, damaged doors, windows, bonfires, and broken trees, as well as ensuring compliance with park closure hours. A security presence in the parks acts as a deterrent to these behaviors. In most cases, Lyons is successful in gaining compliance with City ordinances. Lyons works closely with the Orange Police Department (OPD) in cases where further enforcement is required.

The City Council approved the current agreement with Lyons in May of 2020 to provide security patrols for our parks during park closure hours, for a four-year term. The original not to exceed contract amount was $440,000. This allows for patrolling to occur in nightly seven-hour shifts, seven days/week, 365 days/year. In May of 2021, the City Manager executed the first amendment to the agreement, adding the Old Towne West Metrolink Parking Structure to the service area and dedicating hours for patrol of the parking structure. The first amendment added $12,000 to the total City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.4. 2/8/2022 File #: 22-0041
dedicating hours for patrol of the parking structure. The first amendment added $12,000 to the total not to exceed amount, bringing the agreement total to $452,000.

Since execution of the first amendment, there has been an increase in illegal activity at El Camino Real Park during daytime hours. Additionally, the City began receiving citizen reports of loitering, bathing in the restrooms, drug use, and other unlawful behavior at El Camino Real Park during daytime hours. To address these concerns, the proposed amendment will allow for daytime monitoring at El Camino Real Park. The proposal is based on adding four hours of patrol in the early morning on weekdays and eight hours per day on weekends.

The City recently received grant funding from the North Orange County Public Safety Collaborative in the amount of $118,181. There is a separate staff report for accepting the grant funding on tonight’s agenda. Forty thousand dollars of the award is dedicated to assisting with services related to addressing homeless issues, including park security. This additional funding allows the City to provide the proposed daytime patrol hours through August 2022. Community Services staff will continue to work closely with OPD to address illegal activity at all parks and adjust security hours as needed.

Upon approval, the new total not to exceed amount for the four-year agreement will be $492,000.

Funding for the remaining years of the agreement is dependent upon approval of the annual operating budget.

7. ATTACHMENTS
· Draft - Second Amendment - Lyons Security Services
City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.4. 2/8/2022 File #: 22-0041
TO: Honorable Mayor and Members of the City Council
THRU: Tom Hatch, Interim City Manager
FROM: Bonnie Hagan, Assistant City Manager / Community Services Director

1. SUBJECT
Second Amendment to the Agreement with Lyons Security Services Inc., for additional park security services.

2. SUMMARY
This amendment provides for daytime park security hours to address unlawful activity in the parks.

The total cost of this amendment is $40,000.

3. RECOMMENDED ACTION
Approve the second amendment with Lyons Security Services Inc., for additional park security services in the amount not to exceed $40,000.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

The City Council approved the current agreement with Lyons in May of 2020 to provide security patrols for our parks during park closure hours, for a four-year term. The original not to exceed contract amount was $440,000. This allows for patrolling to occur in nightly seven-hour shifts, seven days/week, 365 days/year. In May of 2021, the City Manager executed the first amendment to the agreement, adding the Old Towne West Metrolink Parking Structure to the service area and dedicating hours for patrol of the parking structure. The first amendment added $12,000 to the total City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.4. 2/8/2022 File #: 22-0041
dedicating hours for patrol of the parking structure. The first amendment added $12,000 to the total not to exceed amount, bringing the agreement total to $452,000.

Upon approval, the new total not to exceed amount for the four-year agreement will be $492,000.

Funding for the remaining years of the agreement is dependent upon approval of the annual operating budget.

7. ATTACHMENTS
· Draft - Second Amendment - Lyons Security Services
City of Orange Page 2 of 2 Printed on 2/3/2022
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SECOND AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[City Park Security Services]
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of ________________, 20__, by and between the CITY OF ORANGE, a municipal corporation (“City”), and LYONS SECURITY SERVICES, a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 6355.A) dated May 12, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor amended the Original Agreement to Revise Scope of Services and increase compensation by a First Amendment to Professional Services Agreement (Agreement No. 6355.A.1) dated May 21, 2021, which is incorporated herein by this reference (the “First Amendment”); and
C. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to revise the scope of services and increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

Section 2. Cross-References. City and Contractor agree that all references in this Second Amendment are deemed and construed to refer to the Original Agreement, as implemented by this Second Amendment.

Section 3 Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by FOURTY THOUSAND DOLLARS and 00/100 ($40,000.00) specified in Exhibit “B” of the Original Agreement, and Section

2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed FOUR HUNDRED NINETY TWO THOURSAND DOLLARS and 00/100 ($492,000.00) without the prior written authorization of City.” Section 5. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and 35 provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
LYONS SECURITY SERVICES, INC., a CITY OF ORANGE, a municipal corporation California corporation
*By: By:

Printed Name: Mayor, City of Orange
Title:
*By:

Printed Name:

Title:

APPROVED AS TO FORM:
[Insert name of the attorney.]
(Senior Assistant) City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 36 Agenda Item
City Council
Item #: 3.5. 2/8/2022 File #: 22-0060
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Authorize purchase of one Storage Area Network (SAN) for the Civic Center datacenter and related support services from Sidepath, Inc.

2. SUMMARY
The Storage Area Network (SAN) at the Civic Center datacenter has reached its end of life and the equipment needs to be replaced. The replacement SAN, and accompanying five-year service plan, will provide significantly enhanced performance and additional capacity for the Civic Center datacenter.

3. RECOMMENDED ACTION
Approve the purchase of the Storage Area Network (SAN) and the accompanying five year service plan for the Civic Center datacenter from Sidepath, Inc., in the amount of $176,738.

4. FISCAL IMPACT
The total expenditure for this purchase is $176,738 and will be funded through Information Systems Operations (790).

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service.
c: Enhance technology to improve public accessibility to information and services.

6. DISCUSSION AND BACKGROUND
The City utilizes Storage Area Network (SAN) equipment in its Civic Center, Police Department, and Traffic Operations locations. Each of the five SANs has a five-year useful life, expiring in various years, with an accompanying service plan, and the equipment is designated to act as a primary or backup system, to maximize data coverage and protection.

Last month, the City Council approved a support agreement for both Civic Center and Police Department Storage Area Network (SAN) environments. The Civic Center SAN will have reached its end of support in March and, as the equipment itself was approaching end of life, it was scheduled for replacement in the next fiscal year. Sidepath, Inc. had worked out an arrangement with Dell to provide “best effort” support until that time.

Subsequent to the approval of last month’s support agreement, IT staff was able to work with City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.5. 2/8/2022 File #: 22-0060
Subsequent to the approval of last month’s support agreement, IT staff was able to work with Sidepath to specify the replacement SAN equipment and identify funding to allow the equipment to be replaced this fiscal year.

The new SAN will provide significantly improved performance and includes five years of continued support. Sidepath has extended NASPO pricing and will also be covering the remaining two months of support from Dell while we transition to the new SAN.

IT staff has submitted the request for purchase order to only include the support for the Orange PD SAN support saving $19,118 from the agreement approved at the January 11th Council meeting.

7. ATTACHMENTS
· QUOTE-SIDQ36910-01-Orange-SIDPROJECT34102-PowerStore 1000T (5Y Mission Critical Support).pdf
· QUOTE-SIDQ36835-03-Orange-SIDPROJECT34027-CML SYS 7380-7381.pdf City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.5. 2/8/2022 File #: 22-0060
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Authorize purchase of one Storage Area Network (SAN) for the Civic Center datacenter and related support services from Sidepath, Inc.

3. RECOMMENDED ACTION
Approve the purchase of the Storage Area Network (SAN) and the accompanying five-year service plan for the Civic Center datacenter from Sidepath, Inc., in the amount of $176,738.

4. FISCAL IMPACT
The total expenditure for this purchase is $176,738 and will be funded through Information Systems Operations (790).

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service.
c: Enhance technology to improve public accessibility to information and services.

Subsequent to the approval of last month’s support agreement, IT staff was able to work with City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.5. 2/8/2022 File #: 22-0060
Subsequent to the approval of last month’s support agreement, IT staff was able to work with Sidepath to specify the replacement SAN equipment and identify funding to allow the equipment to be replaced this fiscal year.

IT staff has submitted the request for purchase order to only include the support for the Orange PD SAN support saving $19,118 from the agreement approved at the January 11th Council meeting.

7. ATTACHMENTS
· QUOTE-SIDQ36910-01-Orange-SIDPROJECT34102-PowerStore 1000T (5Y Mission Critical Support).pdf
· QUOTE-SIDQ36835-03-Orange-SIDPROJECT34027-CML SYS 7380-7381.pdf City of Orange Page 2 of 2 Printed on 2/3/2022
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Quotation
22892 Mill Creek Drive Date: 01/05/22
Laguna Hills, CA 92653 Quotation #: SIDQ36910-01
Phone (949)748-8700; Fax (949)748-8706 www.sidepath.comValid Until: 02/03/22 Prepared By: Ryan Domm
Project ID: SIDPROJECT34102
Bill To: Ship To:

City of Orange City of Orange Attn: Steven Scardina Attn: Steven Scardina 300 E. Chapman Avenue Orange, CA 92866 300 E. Chapman Avenue Orange, CA 92866
Phone: (714) 744-2283 Phone: (714) 744-2283
Email: [email protected] Email: [email protected] Qty Item Code Description Unit Price Ext. Price
NASPO# MNWNC-109 | State Addendum #7-15-70-34-004 | Authorized Reseller Code 98AHB PowerStore 1000T (5Y Mission Critical Support)
1 210-ASTZ PowerStore 1000T BASE ENC. FLD INST $10,614.51 $10,614.51 1 370-AEZP 384GB Appliance DIMM 192GB Per Node $6,108.61 $6,108.61 1 379-BEIO 379-BEIO
13 400-BGGM P1 25X2.5 NVME SED SSD 3.84TB $6,150.73 $79,959.49 1 528-BTZK PowerStore Base SW
1 406-BBON 10GBASE-T 4 PORT CARD PAIR $1,449.31 $1,449.31 1 565-BBJS 32GB FC 4 PORT IO MODULE PAIR $3,744.96 $3,744.96 1 450-AIOM Dual 1800W (200-240V) Power Supply includes C13/C14 Power $941.16 $941.16 Cords
1 343-BBMR BASE UNIT CONFIG KIT
1 800-BBQV Thank you for buying Dell EMC
1 379-BDPD ISG Product (info)
1 825-9489 Dell Hardware Limited Warranty $303.45 $303.45 1 825-9526 ProSupport Plus: Mission Critical 4-Hour 7x24 On-Site Service $818.16 $818.16 with Emergency Dispatch 1 Year 1 825-9529 ProSupport Plus: Mission Critical 4-Hour 7x24 On-Site Service $3,271.69 $3,271.69 with Emergency Dispatch 4 Years Extended 1 825-9535 ProSupport Plus: Mission Critical 7x24 HW/SW Tech Support and $5,943.53 $5,943.53 Assistance 5 Years
1 951-2015 Thank you for choosing Dell ProSupport Plus. For tech support visit //www.dell.com/contactdell
1 955-9041 Dell Hardware Limited Warranty Plus On Site Service Extended Year
13 828-4829 ProSupport Plus: Mission Critical 4-Hour 7x24 On-Site Low $2,354.96 $30,614.48 Capacity SSD Add-On 5 Years
1 800-BBQV Thank you for buying Dell EMC
1 825-8624 Certified Deployment Partner T2
1 332-1286 US Order
If you have any questions regarding this quotation, please contact: Patrick Mulvee | (213) 458-7771 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - PowerStore 1000T (5Y Mission Critical Support) Page 1 of 2 41 Qty Item Code Description Unit Price Ext. Price
1 379-BESQ Thank you for choosing Dell EMC
1 210-ATXO AppSync for PowerStore
1 528-BYHF AppSync Str Pk for PowerStore=CB
1 900-9997 On-Site Installation Declined
1 828-5734 ProSupport Plus Mission Critical for AppSync Starter Pack Software Support Maintenance 5 Years
1 828-5778 ProSupport Plus Mission Critical for AppSync Starter Pack Software Support Contract 5 Years SubTotal $143,769.35
Professional Services & Installation
1 SID-PS-SVC-FF-CUS-BAS Sidepath Professional Services: This is a custom fixed fee service. $25,000.00 $25,000.00 A description of services may be provided in a separate Statement of Work or Service Description document
SubTotal $25,000.00
Compellent Support Renewal
1 CML-SUPP CML System #7380 / #7381 Support Renewal for 2 months $7,878.89 $7,878.89 (reference SIDQ36835-03)
1 SP -$7,878.89 ($7,878.89) -DISC Support Discount
SubTotal $0.00
Payment Terms from Ship Date: Net 30
Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote. CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets. Product Total $168,769.35 Taxes $7,968.40
Grand Total $176,737.75
Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions, which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.

Note: Sidepath does not collect sales tax for orders shipped out of the state of California. It will be the customer’s responsibility to report the tax as Sales & Use Tax.

Please contact me if I can be of further assistance.

THANK YOU FOR YOUR BUSINESS!
Accepted by:_________________________________ Title:_______________________________ Date:___________ PO:_______________________ If you have any questions regarding this quotation, please contact: Patrick Mulvee | (213) 458-7771 | [email protected] This document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient.

Sidepath - PowerStore 1000T (5Y Mission Critical Support) Page 2 of 2 42 Quotation
22892 Mill Creek Drive Date: 01/06/22
Laguna Hills, CA 92653
Quotation #: SIDQ36835-03 Phone (949) 748-8700; Fax (949) 748-8706 www.sidepath.com Valid Until: 01/31/22
Prepared By: Jessica Dentis Project ID: SIDPROJECT34027 Bill To: Ship To:

City of Orange City of Orange Attn: Steven Scardina Attn: Steven Scardina 300 E. Chapman Avenue Orange, CA 92866 300 E. Chapman Avenue Orange, CA 92866
Phone: (714) 744-2283 Phone: (714) 744-2283
Email: [email protected] Email: [email protected] Orange, CA - System #7380/#7381 - Current Support Agreement Expires on 01/31/2022 Qty Item Code Description Coverage Dates Term
Hardware & Drives
2 CT-SC8000-MTCH ProSupport, 24x7, Dell/Compellent Series SC8000 2 Months (Service Tag #s: 87HS282, 87HR282)
02/01/2022 - 03/31/2022
6 EN-SC200-1235-MTCH ProSupport, 24x7, Enclosure, SC200, 3.5" 12-bay 2 Months (Service Tag #s: 87BP282, 87BQ282, 87BR282, 87BS282, 87CM282, 87CN282) 02/01/2022 - 03/31/2022
1 EN-SC220-2425-MTCH ProSupport, 24x7, Enclosure, SC220, 2.5" 24-bay 2 Months (Service Tag #: BRPDHQ2)
02/01/2022 - 03/31/2022
1 EN-SC220-2425-MTCH ProSupport, 24x7, Enclosure, SC220, 2.5" 24-bay 2 Months (Service Tag #: 87CP282)
02/01/2022 - 03/31/2022
Onsite Support $3,418.47
Software
1 SW-CORE-BASE-MTCS Support, 24x7, SW, Core Bundle Base License 02/01/2022 - 03/31/2022 2 Months 10 SW-CORE-EXP-MTCS Support, 24x7, SW, Core Bundle Expansion License 02/01/2022 - 03/31/2022 2 Months 1 SW-DAPR-BASE-MTCS Support, 24x7, Data Progression Base License 02/01/2022 - 03/31/2022 2 Months 10 SW-DAPR-EXP-MTCS Support, 24x7, Data Progression Exp License 02/01/2022 - 03/31/2022 2 Months 1 SW-EMGR-CB-MTCS Support, 24x7, Enterprise Mgr Chargeback License 02/01/2022 - 03/31/2022 2 Months 1 SW-FAST-BASE-MTCS Support, 24x7, FastTrack Base License 02/01/2022 - 03/31/2022 2 Months 10 SW-FAST-EXP-MTCS Support, 24x7, FastTrack Exp License 02/01/2022 - 03/31/2022 2 Months 1 SW-RIRA-BASE-MTCS Support, 24x7, Remote Instant Replay Base License 02/01/2022 - 03/31/2022 2 Months 10 SW-RIRA-EXP-MTCS Support, 24x7, Remote Instant Replay Exp License 02/01/2022 - 03/31/2022 2 Months 1 SW-RMSV-EN-MTCS Support, 24X7, Replay Manager Enterprise License, Unlimited 02/01/2022 - 03/31/2022 2 Months Support Center $4,460.42 Sidepath - CML SYS 7380-7381 Page 1 of 2 43
Orange, CA - System #7380/#7381 - Current Support Agreement Expires on 01/31/2022 Qty Item Code Description Coverage Dates Term
Note: Dell Compellent has transitioned to a different Support Renewal structure as follows: Support Renewal Total $7,878.89 1) "Base" Items - Renewal pricing for hardware will only show support pricing for Compellent “base” items, which include controllers, enclosures and NAS gateways. This support pricing will cover the associated drives and IO cards within the “base” items, as applicable. 2) Support quotes are valid up to the date the system’s support expires. 3) If the support has expired, customer will not receive support when they call in to Compellent Copilot Support Services. 4) Once the support has expired, the renewal date will begin when Compellent has processed a purchase order. Back-dating to the support expiration date is no longer available. 5) Reinstatement fees will be applied to any Support Contract that has expired for more than 30 days. 6) Renewal pricing only covers items that are “in use” at the time of quote generation.

Coverage Type is: Zone 1, ProSupport* 24x7 w/ Priority On-Site (4 hour) Terms and Conditions are identical to those currently in force. Payment Terms from Ship Date/Order Placement Date: Net 30 If you have any questions regarding this quotation, please contact: Patrick Mulvee (213) 458-7771
[email protected]
THANK YOU FOR YOUR BUSINESS!
Sidepath - CML SYS 7380-7381 Page 2 of 2 44
Agenda Item
City Council
Item #: 3.6. 2/8/2022 File #: 22-0065
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the County of Orange for Fiscal Year 2020-2021 Edward Byrne Memorial Justice Assistance Grant.

2. SUMMARY
The eligible joint allocation amount awarded to the County of Orange is $427,301, of which $13,977 is allocated to the City of Orange. The County of Orange is requesting approval of an agreement that allocates the City’s 2021 program funds as follows: $1,398 for grant administrative fees to the County, $419 for the National Incident-Based Reporting System retained by the City, and $12,160 retained by the City to purchase replacement duty weapons.

3. RECOMMENDED ACTION

1. Approve the purchase of handguns from ProForce Law Enforcement for $12,433.

3. Accept into the City’s revenue budget a $12,579 grant from the County of Orange, into revenue account number 353.4011.45150.30193, Federal Grants - 2021 JAG.

4. Authorize the appropriation of $12,579 into expenditure account number 353.4011.55131.30193, Equipment - 2021 JAG.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the County of Orange.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to states and units of local government. In October 2021, the U.S.

Department of Justice approved the application for funding under the 2021 Edward Byrne Memorial City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.6. 2/8/2022 File #: 22-0065
Department of Justice approved the application for funding under the 2021 Edward Byrne Memorial JAG Program. The joint allocation amount awarded to the County of Orange is $427,301, of which $12,579 was awarded to the City of Orange Police Department to support activity related towards achieving National Incident-Based Reporting System (NIBRS) compliance and the purchase of replacement duty weapons for front-line officers.

As a condition of the award, JAG recipients must ensure that three percent of the award amount (less administrative fees) is used towards achieving NIBRS compliance. In December 2020, the department procured the NIBRS module as a new component of the Central Square Records Management System product used to report crime data. The NIBRS module was scheduled to be completed by July 2021; however, staff encountered numerous delays from the vendor and progress has slowed. The new anticipated date of completion is July 2022.

The Orange Police Department’s 2021 jurisdictional project identified the need to replace the department’s primary duty weapon inventory. All department safety personnel currently carry Glock 22 pistols that are approximately 16 years old or newer. The longevity of a duty handgun spans between five and eight years. A switch to 9 millimeter pistols as the primary duty weapon will provide front-line officers with a smaller, lighter, and better performing duty weapon. To offset the cost of new handguns, the department will receive a trade-in credit for existing inventory that will be applied towards the purchase of new handguns. Further, the agency will see a reduction in ammunition costs and will implement a replacement schedule to adequately maintain inventory levels. It is the responsibility of the department to ensure firearms are appropriate and in good working condition.

Moving to 9 millimeter pistols as its primary duty weapon will ensure equipment meets department standards to provide public safety services to the community.

While the purchase of handguns from ProForce Law Enforcement is within specified purchasing parameters that do not require further approval, the cumulative total for this vendor in Fiscal Year 2021-2022 will exceed the maximum allowable purchasing threshold requirement. It is the recommendation of the Purchasing Division of the Finance Department to apply the Orange Municipal Code, Section 3.08.120.B which requires the approval of the City Council for the purchase of materials, supplies and equipment of $30,000 or more.

The County of Orange is requesting approval of an agreement that allocates the City’s 2021 JAG funds as follows: $1,398 for grant administrative fees, $419 applied towards NIBRS compliance, and $12,160 retained by the City.

7. ATTACHMENTS
· JAG MOU 15PBJA-21-GG-01188-JAGX
City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.6. 2/8/2022 File #: 22-0065
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Agreement with the County of Orange for Fiscal Year 2020-2021 Edward Byrne Memorial Justice Assistance Grant.

3. RECOMMENDED ACTION

1. Approve the purchase of handguns from ProForce Law Enforcement for $12,433.

3. Accept into the City’s revenue budget a $12,579 grant from the County of Orange, into revenue account number 353.4011.45150.30193, Federal Grants - 2021 JAG.

4. Authorize the appropriation of $12,579 into expenditure account number 353.4011.55131.30193, Equipment - 2021 JAG.

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the County of Orange.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Department of Justice approved the application for funding under the 2021 Edward Byrne Memorial City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.6. 2/8/2022 File #: 22-0065
Department of Justice approved the application for funding under the 2021 Edward Byrne Memorial JAG Program. The joint allocation amount awarded to the County of Orange is $427,301, of which $12,579 was awarded to the City of Orange Police Department to support activity related towards achieving National Incident-Based Reporting System (NIBRS) compliance and the purchase of replacement duty weapons for front-line officers.

Moving to 9 millimeter pistols as its primary duty weapon will ensure equipment meets department standards to provide public safety services to the community.

7. ATTACHMENTS
· JAG MOU 15PBJA-21-GG-01188-JAGX
City of Orange Page 2 of 2 Printed on 2/3/2022
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MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE CITY OF ORANGE TO DlSTRIBUTE THE 2021 EDWARD BYRNE MEMORIAL FUND - JUSTICE ASSISTANCE GRANT "JAG"
AWARD #lSPBJA-21-GG-01188-JAGX AWARD DATE: 10/08/2021 ACCEPTANCE DATE: 12/07/2021 I. Participants
Participants here to acknowledge the County of Orange as lead fiscal agent in charge of programmatic oversight and administration of funds and compliance over all eligible participant law enforcement agencies, hereinafter referred to individually as "Party" and jointly as "the Parties."
II. Purpose
The purpose of this Memorandum of Understanding (MOU) is to support of the objectives of the Office of Justice Programs, expressly those identified as Priority Purpose Areas (PPAs) for the term of this award.

Ill. Program Overview and Description of Project(s}
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities based on their own state and local needs and conditions. Equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing public/officer safety.

JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3} prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than compensation); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. The County of Orange (Sheriff} will determine validity of each project included in the application lof2
49 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE (SHERIFF) AND THE CITY OF ORANGE TO DISTRIBUTE THE 2021 EDWARD BYRNE MEMORIAL FUND -JUSTICE ASSISTANCE GRANT "JAG"
AWARD #lSPBJA-21-GG-01188-JAGX AWARD DATE: 10/08/2021 ACCEPTANCE DATE: 12/07/2021 and subsequent awards. JAG funding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above.

This award is subject to all terms and conditions of the grant and administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-onhand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate.

THE UNDERSIGNED PARTIES HERETO ACKNOWLEDGE THE RECEIPT OF FUNDS FROM THE DEPARTMENT OF JUSTICE AND TRANSFER OF FUNDS FROM COUNTY TO MUNICIPAL GOVERNMENTS.

COUNTY OF ORANGE
ORANGE COUNTY SHERIFF DON BARNES on behalf of

COUNTY EXECUTIVE OFFICER, FRANK KIM

ORANGE COUNTY SHERIFF'S DEPARTMENT

FINANCIAL/ADMINISTRATIVE SERVICES DIVISION

FINANCIAL DIRECTOR

ORANGE CITY

ORANGE POLICE DEPARTMENT

CITY MANAGER
2 of 2

AUTHORIZED SIGNATORY

AUTHORIZED SIGNATORY
0FJU �U AS 10 f-0f;t-.i
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ntE COONTY CA[Jf()AMA COUNSL ..
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Recipient Agency Government Type Direct Allocation
Orange County
Admin Fee (10%) 3% NIBRS
MOU -
FundTransfers
ORANGE COUNTY (SHERIFF) County $ 20,740 $ 2,074 $ 622 $ 18,044 ANAHEIM CITY Municipal $ 89,298 $ 8,930 $ 2,679 $ 77,689 BUENA PARK CITY Municipal $ 19,914 $ 1,991 $ 597 $ 17,325 COSTA MESA CITY Municipal $ 25,474 $ 2,547 $ 764 $ 22,162 FULLERTON CITY Municipal $ 24,998 $ 2,500 $ 750 $ 21,748 GARDEN GROVE CITY Municipal $ 40,428 $ 4,043 $ 1,213 $ 35,172 HUNTINGTON BEACH CITY Municipal $ 31,962 $ 3,196 $ 959 $ 27,807 IRVINE CITY Municipal $ 12,950 $ 1,295 $ 389 $ 11,267
ORANGE CITY Municipal $ 13,977 $ 1,398 $ 419 $ 12,160
PLACENTIA CITY Municipal $ 10,044 $ 1,004 $ 301 $ 8,738 SANTA ANA CITY Municipal $ 116,826 $ 11,683 $ 3,505 $ 101,639 WESTMINSTER CITY Municipal $ 20,690 $ 2,069 $ 621 $ 18,000 TOTALS $ 427,301 $ 42,730 $ 12,819 $ 371,752
Edward Byrne Memorial Justice Assistance Grant Program FY 2021 Local Solicitation CFDA# 16.738 Rev. 6-21-2021
2021 ORANGE COUNTY CA LOCAL JAG ALLOCATIONS
51 Agenda Item
City Council
Item #: 3.7. 2/8/2022 File #: 22-0073
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Agreement with Complete Paperless Solutions, LLC for Laserfiche annual maintenance and additional implementation of an electronic election candidate processing portal.

2. SUMMARY
The maintenance agreement for Laserfiche, the City’s enterprise document management platform, expires in March 2022. This purchase will extend the support agreement, which includes both technical and software support as well as upgrades, for one year. The agreement also includes added licensing and implementation of an electronic election candidate processing portal.

3. RECOMMENDED ACTION
Approve the agreement with Complete Paperless Solutions, LLC in the amount of $103,482.80 for Laserfiche support and additional modules, providing product updates and enhancements for 12 months, and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $103,482.80 and will be funded through:

Information Systems (780) $54,867.50
Computer Replacement (790), Laserfiche upgrade (20284) 48,615.30 Total: $103,482.80

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
c: Enhance technology to improve public accessibility to information and services.

6. DISCUSSION AND BACKGROUND
The City makes heavy use of Laserfiche for document management purposes and considers it the system of record for all City documents. The current Laserfiche Software Assurance Plan expires in March 2022. The City has ten days after the expiration of the purchase to renew without incurring a reinstatement fee. This proposed purchase would extend support of Laserfiche through March 2023.

Laserfiche has many resellers that support their product. The City must be partnered with one of Laserfiche’s resellers to support the software. Notably for this maintenance renewal term, the City is recommending a change in reseller to Complete Paperless Solutions, LLC (CPS). For the last several years, the City has engaged with ECS Imaging, Inc. (ECS) for Laserfiche support services.

City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.7. 2/8/2022 File #: 22-0073
several years, the City has engaged with ECS Imaging, Inc. (ECS) for Laserfiche support services.

Their service quality has diminished with a noticeable exodus of their key seasoned staff, some of which have migrated to CPS.

Staff evaluated competing resellers and also reconsidered the incumbent ECS. This resulted in focusing our evaluation with CPS, ECS, and Cities Digital, Inc. (CDI). Of these, CPS was superior as they possess the ability to implement the desired electronic election candidate processing portal.

Their references were excellent. Being a local reseller, CPS can provide onsite and exclusively remote support with their Anaheim office. CPS recently won Laserfiche’s Customer Choice Award given to resellers who demonstrates customer service as a core value validated by high customer retention and net promoter scores measuring customer experience.

The agreement includes an addition of 25 Laserfiche user licenses for a net total of 275 and adds 275 forms professional licenses needed for the election candidate processing portal.

The election candidate processing portal automates the workflow for candidate submission and improves that ability to ensure all candidate requirements are met.

7. ATTACHMENTS
· Professional Services Agreement with Complete Paperless Solutions, LLC City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.7. 2/8/2022 File #: 22-0073
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Agreement with Complete Paperless Solutions, LLC for Laserfiche annual maintenance and additional implementation of an electronic election candidate processing portal.

4. FISCAL IMPACT
The total expenditure for this agreement is $103,482.80 and will be funded through:

Information Systems (780) $54,867.50
Computer Replacement (790), Laserfiche upgrade (20284) 48,615.30 Total: $103,482.80

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
c: Enhance technology to improve public accessibility to information and services.

City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.7. 2/8/2022 File #: 22-0073
several years, the City has engaged with ECS Imaging, Inc. (ECS) for Laserfiche support services.

Their service quality has diminished with a noticeable exodus of their key seasoned staff, some of which have migrated to CPS.

The agreement includes an addition of 25 Laserfiche user licenses for a net total of 275 and adds 275 forms professional licenses needed for the election candidate processing portal.

The election candidate processing portal automates the workflow for candidate submission and improves that ability to ensure all candidate requirements are met.

7. ATTACHMENTS
· Professional Services Agreement with Complete Paperless Solutions, LLC City of Orange Page 2 of 2 Printed on 2/3/2022
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PROFESSIONAL SERVICES AGREEMENT
[Laserfiche Rio Support Services]
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of ____________, 2022 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and COMPLETE PAPERLESS SOLUTIONS, LLC, a California limited liability company (“Contractor”), who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are the subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the business of providing such services and is experienced in performing the work.

Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity providing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.

Valdemar Chavez, Information Technology Specialist (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.

2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this Agreement, shall not exceed ONE HUNDRED THREE THOUSAND FOUR HUNDRED EIGHTY-TWO DOLLARS and 80/100 ($103,482.80) without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.
56 2

3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. c. City will pay Contractor the amount invoiced within thirty (30) days of receipt of all deliverables.
d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.

4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.

5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.

6. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.

Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.

7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an 57 3
agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.

8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement.

It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.

9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.

10. Time of Completion. Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement within five (5) days of the Effective Date of this Agreement and diligently prosecute completion of the work or as otherwise agreed to by and between the representatives of the parties.

11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.

12. Reserved.

13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.

14. Products of Contractor. The documents, studies, evaluations, assessments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.

15. Equal Employment Opportunity. During the performance of this Agreement, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, 58 4
sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.

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.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.

17. Indemnity.
a. To the fullest extent permitted by law, Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission other than a professional act or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph. 59 5
b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement. d. The indemnities set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.

18. Insurance.
a. Contractor shall carry workers’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any workers’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ($1,000,000) per occurrence; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis. c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($1,000,000) or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability 60 6
insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.
f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.
g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.

Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in California so long as such insurer possesses the aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.

In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.

Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.
61 7

19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.

Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.

20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.

City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractorshall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.

21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement. b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
62 8
(3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c. e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City. h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.

22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.

23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any work performed which is inconsistent with or in violation of the provisions of this Agreement shall not be compensated.

24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail, 63 9
postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by email shall be deemed received on the date of the e-mail transmission. “CONTRACTOR” “CITY”
Complete Paperless Solutions, LLC City of Orange
5130 E. La Palma Ave, Suite 206 300 E. Chapman Avenue
Anaheim, CA 92807 Orange, CA 92866-1591
Attn.: Claude Schott Attn.: Val Chavez
Telephone: 760-522-5031 Telephone: (714) 744-2284
E-Mail: [email protected] E-Mail: [email protected]

25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Remainder of page intentionally left blank; signatures on next page] 64 10
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first above written.
“CONTRACTOR” “CITY”
COMPLETE PAPERLESS SOLUTIONS, CITY OF ORANGE, a municipal corporation LLC, a California limited liability company
*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Mary E. Binning
Senior Assistant City Attorney
*NOTE: City requires the following signature(s) on behalf of the Contractor:
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to City.
65 EXHIBIT “A”

SCOPE OF SERVICES
[Beneath this sheet.]
66 BY COMPLETE PAPERLES SOLUTIONS - ANAHEIM, CALIFORNIA

LASERFICHE RIO SUPPORT SERVICES PROPOSAL
City of Orange
67 - 1 - City of Orange
5130 E. La Palma Avenue, Suite 206
Anaheim, CA 92807
tel: 866-661-2425 fax: 714-716-8215
www.cps247.com
Letter of Transmittal
January 14
th, 2022
City of Orange
300 E Chapman Ave
Orange, CA 92866
Dear Val,
We are pleased to submit the attached proposal for the Laserfiche Rio support services.

Complete Paperless Solutions (CPS) is a certified Value-Added Service Provider (SP) of the award-winning Laserfiche™ Enterprise Content Management solution as well as a respected systems integrator and consultancy.

The CPS staff focuses its business on helping Municipalities like the City of Orange to meet the challenge of providing a great public service to your citizens while working in a high-demand, electronic records-intensive environment.

Our support and professional services team has over eighty years combined experience with the proposed services and solution and is currently maintaining over one hundred and fifty similar systems in the United States.

We would be pleased to discuss any aspect of this proposal and to provide additional information related to our proposed solution or ability to deliver.

We look forward to your positive review of this proposal and to answering any questions that may arise.

Sincerely,
Jamie Dunn
Vice President of Sales
68 - 2 - City of Orange
Table of Contents
Letter of Transmittal.......................................................................................................................................................1

1. Company Profile.......................................................................................................................................................3

2. Support and Maintenance.....................................................................................................................................4 a. Support Contact Information.................................................................................................................................................4 b. Basic Support Level...................................................................................................................................................................4 c. Priority Support...........................................................................................................................................................................5 d. Enhanced Services .....................................................................................................................................................................5

3. Pricing Proposal.......................................................................................................................................................7 a. Laserfiche Rio Support........................................................................................................................................................7 b. Additional Modules and Support....................................................................................................................................7 c. Turn-key Solution Total......................................................................................................................................................8

4. Billable Rates...........................................................................................................................................................................8

5. Acceptance .................................................................................................................................................................8 69 - 3 - City of Orange

1. Company Profile
Complete Paperless Solutions (CPS) is headquartered in Anaheim with offices in Paso Robles and Vista. CPS has been in business since 1996 and is an employee-owned company and employs twelve (12) staff members.

CPS is currently assisting and supporting over one-hundred and fifty clients nationally with the majority in California and the minority in Florida, Louisiana, Massachusetts, New York, Pennsylvania, Texas and Wisconsin.

CPS has the highest ratio of support engineers per customer in California compared to all other Laserfiche resellers. CPS is also a proud sponsor of MISAC and CCAC.

With over 80 years of combined experience in content management know-how, CPS is an award-winning, premier reseller of Enterprise Content Management Products (ECM). In fact, over the years we’ve become California’s “go-to” ECM vendor of choice. CPS’s portfolio of skills includes: full in-house support, business and systems analysis and development and customization resources. Our ability to integrate with existing applications and make content management “work how YOU work” is unparalleled. Additionally, both private and public-sector clients recognize that CPS is “THE” systems integrator when it comes to meeting both governance and compliance statutes. Whether implementing a paperless-invoicing process or enhancing client/case management, CPS has created and implemented systems for law enforcement, clerks’ offices, county and local governments, courts, schools, legal services, property management, billing services, manufacturing and many, many more.

A representative sampling of some of our customers would include the Cities of Bakersfield, Big Bear, Beaumont, Brea, Chowchilla, Claremont, Ceres, Cerritos, Coachella, Claremont, Commerce, Covina, Desert Hot Springs, El Centro, El Monte, El Segundo, Encinitas, Fontana, Fountain Valley, Gilroy, Grand Terrace, Huntington Beach, La Habra Heights, La Quinta, Indian Wells, Irwindale, Lodi, Menifee, Montclair, Montebello, Murrieta, Paso Robles, Petaluma, Pismo Beach, Porterville, Rancho Mirage, Redondo Beach, Rosemead, Salinas, San Bernardino, San Dimas, Santa Clarita, San Mateo, San Rafael, Seal Beach, Torrance, Westminster, West Covina and Yucaipa just to name a few.

The first Laserfiche installation by CPS was in 1997 for the San Luis Obispo Sheriff Department who is still using Laserfiche and has been with CPS for 21 years. Our customer centric business model promotes long term relationships stemming from excellent service, fair pricing and good old-fashioned knowhow.

Our largest implementation is Spindletop of Orange Texas and part of the East Texas Behavioral Health Network (ETBHN). Spindletop has a Laserfiche RIO solution that includes 227 named users, 1,546 read only users and a Public Portal for unlimited users.

We would also like to mention that 70% of our customer base was implemented by CPS while the other 30% was inherited from other Laserfiche Certified Resellers who did not meet the customers’ expectations. 70 - 4 - City of Orange

2. Support and Maintenance
a. Support Contact Information
• Support services are provided directly by CPS
• Our toll-free support number is 866-661-2425
• Non-emergency support calls can be directed to [email protected] • You can sign up at https://cps247.freshdesk.com/support/signup to interact with our system b. Basic Support Level
Our support team assists clients from Monday to Friday during normal business hours from 8:00AM to 5:00PM PST. Guaranteed next day.

Note: Ninety-five (95) percent of support issues taken by our team have “First Call” resolution and are usually resolved within one hour.

Since CPS does business nationally our support team is always on alert to receive your calls even outside of our regular west coast hours.

CPS is using an internal logging and tracking system that enables you to create a history of support events and therefore each support solution will be uniquely identified by a case number.

CPS will keep the City of Orange up to date on all Laserfiche software and service changes.

CPS offers a basic support which is the Laserfiche Software Assurance Plan, Priority Support and an enhanced service which is the Complete Paperless Solutions “VIP support”.

Laserfiche Software Assurance Plan (LSAP)
The proposed solution includes the Laserfiche Software Assurance Plan (LSAP) for one year with options for annual renewal. Customers with current LSAP are provided unlimited telephone technical support and software upgrades. Technical support (under the LSAP agreement) includes unlimited email, telephone and remote access to address problems related to system configuration or performance. While guaranteed response times are dictated by the terms of the support agreement, most support calls are taken live and resolved within a single call, Laserfiche Basic LSAP support is usually next business day guaranteed response time.

All support calls are logged in a case management system and assigned priority and severity levels that will be escalated (if necessary) to the development team and what lengths are necessary to address them such as providing hotfixes or point releases of the software. All customers with current LSAP are granted access to the Laserfiche Support Site where an abundance of knowledgebase documents can be used to support your internal IT team and Laserfiche users.
71 - 5 - City of Orange
c. Priority Support
• Monday to Friday during normal business hours from 8:00AM to 5:00PM PST • 2 hours guaranteed response time
• Dedicated engineer
d. Enhanced Services
Complete Paperless Solutions VIP Support
To create the least amount of burden on the IT staff, and to optimize the benefits of your Laserfiche software we recommend our VIP support package. Complete Paperless Solutions Support Group is available Monday through Friday from 7 A.M. to 6 P.M. Pacific Standard Time. Our VIP program offers unlimited on-site support, a dedicated Solutions Engineer, and remote access support among other services.

In addition to the basic LSAP support, VIP includes the followings:
• Dedicated Support Engineer
o A CPS Engineer will serve as your primary contact for Laserfiche support through a direct telephone line.
• Next-Day On-Site Support
o The On-Site Support hours can be used for upgrade installation, problem solving, and consulting.
• Training
o Unlimited training during the course of the year, incl. simple workflow design. • Remote Access Support
o Your dedicated Support Engineer can dial into your Laserfiche server or PC remotely to start the troubleshooting process in advance of any on-site work needed. • Preventative Maintenance Guaranteed
o Twice-yearly visits will optimize system functions. As part of these "checkups", the support team can install new releases and new equipment; provide training on new features, fix operator errors and make recommendations on system upgrades. • Discounted Services
o Receive discounts on professional services such as integration with existing systems, workflow management consulting, and custom application development. • Discounted Back-file Conversion
o Receive discounts on back-file conversion from microfiche, microfilm, and paper documents ranging in size from business cards to E-size drawings through our affiliated scanning service bureau.
• Free Enrollment
o Up to three (3) attendees to the Laserfiche User Conference • Travel Cost
o No travel cost under VIP support
72 - 6 - City of Orange
Upgrades
By being up to date with your LSAP, the City is guaranteed to receive any minor or major upgrades. However, the LSAP does not cover the on-site upgrade or CPS doing the upgrade at the customer’s premises. The enhanced support packaged – VIP Support – provides unlimited on-site support guaranteeing the City of Orange minor and major upgrades no additional cost during the year.

Sys Check
Every organization that transitions to CPS for their Laserfiche Support will receive a complimentary Sys Check.

CPS's Sys Check brings organization and systemic health to your Laserfiche installation with professional recommendations for:
• Folder structure organization
• Increased security
• Document and folder naming convention consistency
• Template/Field data consistency
• Control of large unmanageable volumes
• Excess number of templates
• Insufficient disk space
Identifying system weaknesses and shortcomings will improve your process, taking pressure off your operations budget.

Every Sys Check consultation culminates with the delivery of a detailed recommendations report on your environment with best practices recommendations for system design, system utilization and overall functionality.
73 - 7 - City of Orange

3. Pricing Proposal
a. Laserfiche Rio Support
Description Quantity Public Price
Laserfiche Rio User (200-499) LSAP 250 $33,000.00
Laserfiche Rio Public Portal for 1 LF Server LSAP 1 $9,000.00 Laserfiche Rio Toolkit LSAP 1 $750.00
Laserfiche Quick Fields Base and Validation Pkgs for Bar Code and Real-Time Lookup LSAP
2 $1,000.00
Priority Support* 1 $11,117.50
Total VIP Support $54,867.50
*First year free VIP Support with Priority Support.
b. Additional Modules and Support
Description Quantity Public Price
Laserfiche Forms Professional (200-499) 275 $18,150.00
Laserfiche Forms Professional (200-499) LSAP 275 $3,630.00 Laserfiche Forms Portal 1 $7,995.00
Laserfiche Forms Portal LSAP 1 $1,599.00
Laserfiche Full User (200-499) 25 $16,500.00
Laserfiche Full User (200-499) LSAP 25 $3,300.00
Priority Support 1 $2,843.00
Additional Modules
One Time Discount
Discounted Total
$54,017.00
$4,264.50
$48,615.30
*CPS will include the Professional Services to execute the Election Forms/Workflow process which the city would like to implement. This is a value of $4,800.00.

Note: Pricing based on Laserfiche configuration communicated to CPS by the City of Orange. Pricing may change upon full review of the configuration by Laserfiche. 74 - 8 - City of Orange
c. Turn-key Solution Total
Description Quantity Public Price
Laserfiche Rio Priority Support 1 $54,867.50
Additional Modules and Support 1 $48,615.30
Grand Total $103,482.80

4. Billable Rates
Description Priority Support VIP Support
Training $175.00 Free - unlimited
Workflow/eForm Design $200.00 $175.00
Development – Conversion $250.00 $225.00
Any other professional services $200.00 $125.00

5. Acceptance
Client: City of Orange Provider: Complete Paperless Solutions Print Name:

Date:

Signature:
75 Agenda Item
City Council
Item #: 3.8. 2/8/2022 File #: 22-0074
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Second Amendment to Master Agreement No. 7611 with Siemens Industry, Inc. for maintenance of surveillance cameras, hardware infrastructure, and the Genetec license supporting the City’s existing Genetec security platform for the Metrolink Station.

2. SUMMARY
On May 11, 2021, the City Council approved an agreement with Siemens Industry, Inc. for maintenance of surveillance cameras, hardware infrastructure, and Genetec license supporting the City’s existing Genetec security platform. This agreement adds maintenance for the Metrolink Station.

3. RECOMMENDED ACTION
Approve the agreement with Siemens Industry, Inc. in the total amount of $46,206.35 for maintenance of surveillance cameras, hardware infrastructure, and the Genetec license; and authorize the Mayor and City Clerk to execute on behalf of the City.

4. FISCAL IMPACT
The total expenditure for this agreement is $46,206.35 and will be funded through Information Technology (780).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
On May 11, 2021, the City Council approved an agreement with Siemens Industry, Inc. (Siemens) for maintenance of surveillance cameras, hardware infrastructure, and Genetec license supporting the City’s existing Genetec security platform. Siemens’ services replaced the services formerly provided by Convergint Technologies (Convergint) in most areas with the exceptions of the Metrolink Station and the Old Towne West Parking Structure. During the May 2021 timeframe, there were a number of service agreements expiring with Convergint in areas such as the police department, libraries, civic center, and various parks and other locations, allowing for a timely transition to a new service City of Orange Page 1 of 2 Printed on 2/3/2022
powered by Legistar™ 76
Item #: 3.8. 2/8/2022 File #: 22-0074
agreement with Siemens.

However, the Metrolink Station and Old Towne West Parking Structure were uniquely on five-year agreements with Convergint through March 2022 and June 2024, respectively, due to the surveillance system award process associated with the parking structure project, which was completed in different phased timeframes. This agreement adds maintenance with Siemens for the Metrolink Station, since the original five-year agreement with Convergint is due to expire on March 29, 2022.

The amendment for the Metrolink station is broken down into two maintenance timeframes. The first is March through September 2022, to be coterminous with the original Siemens maintenance agreement anniversary. The second timeframe is September 2022 through September 2023 at which time the whole of the agreement with Siemens will expire and be reviewed for renewal. The parking structure will be the only area remaining with support from Convergint, with an agreement lasting through June 2024.

On January 12, 2021, the City Council approved an agreement with Siemens Industry, Inc. to replace existing electronic door access control system for City facilities and integrating access control with the City's existing security camera platform.

Staff recommends expanding the services with Siemens Industry, Inc. to include the Metrolink Station. This will reduce the number of contracted individuals that will have access to the security platform. Looking forward, assuming acceptable performance from Siemens, we anticipate surveillance, access control, and intrusion detection will be furnished and maintained by Siemens as the single source provider.

7. ATTACHMENTS
· Second Amendment with Siemens Industry, Inc.

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Agenda Item
City Council
Item #: 3.8. 2/8/2022 File #: 22-0074
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Administrative Services Director

4. FISCAL IMPACT
The total expenditure for this agreement is $46,206.35 and will be funded through Information Technology (780).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
On May 11, 2021, the City Council approved an agreement with Siemens Industry, Inc. (Siemens) for maintenance of surveillance cameras, hardware infrastructure, and Genetec license supporting the City’s existing Genetec security platform. Siemens’ services replaced the services formerly provided by Convergint Technologies (Convergint) in most areas with the exceptions of the Metrolink Station and the Old Towne West Parking Structure. During the May 2021 timeframe, there were a number of service agreements expiring with Convergint in areas such as the police department, libraries, civic center, and various parks and other locations, allowing for a timely transition to a new service City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.8. 2/8/2022 File #: 22-0074
agreement with Siemens.

7. ATTACHMENTS
· Second Amendment with Siemens Industry, Inc.

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SECOND AMENDMENT
TO

PROFESSIONAL SERVICES AGREEMENT
[Video Management and Surveillance Software and Maintenance Services] THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of ________________, 2022, by and between the CITY OF ORANGE, a municipal corporation (“City”), and SIEMENS INDUSTRY, INC., a California corporation (“Contractor”), with reference to the following:

A. City and Contractor entered into a Professional Services Agreement (Agreement No. 7166) dated May 11, 2021, which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Contractor amended the Original Agreement to revise the Scope of Work and increase the compensation by a First Amendment to Professional Services Agreement (Agreement No. 7166.1) dated October 22, 2021, which is incorporated herein by this reference (the “First Amendment”); and
C. City and Contractor desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to revise the Scope of Work and increase the compensation.

NOW, THEREFORE, the parties hereby agree as follows:

Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

Section 3 Revised Scope of Services. The Scope of Services, Section 1, Exhibit A of the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit A attached hereto and incorporated herein by this reference.

Section 4 Compensation. The total not-to-exceed compensation for the services to be rendered as set forth in Section 2.a of the Original Agreement is increased by FORTY-SIX THOUSAND TWO HUNDRED SIX DOLLARS and 35/100 ($46,206.35) and Section 2.a is hereby amended in its entirety to read as follows:
“Contractor's total compensation for all services performed under this Agreement, shall not exceed THREE HUNDRED EIGHTY-FOUR THOUSAND TWO HUNDRED SIX DOLLARS and 90/100 ($384,206.90) without the prior written authorization of City.” 80 2
Section 5. Integration. This Second Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control and govern the rights and obligations of the parties.

IN WITNESS of this Second Amendment, the parties enter into this Second Amendment on the year and day first above written.
“CONTRACTOR” “CITY”
SIEMENS INDUSTRY, INC., CITY OF ORANGE, a municipal corporation a California corporation
*By: By:

Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:

Printed Name:

Title:

Pamela Coleman, City Clerk
APPROVED AS TO FORM:

Mary Binning, Senior Assistant City Attorney
*NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 81 EXHIBIT “A”

SUPPLEMENTAL SCOPE OF SERVICES
[Behind this page.]
82 PROPOSAL
City of Orange Metro Station 1

PREPARED BY
Siemens Industry, Inc.

PREPARED FOR
City of Orange

DELIVERED ON
January 21, 2022
83 Table of Contents
INTRODUCTION .............................................................................................................. 1 Proposal Information ............................................................................................. 1 Contact Information .............................................................................................. 3 CUSTOMER OVERVIEW.................................................................................................... 4 Executive Summary ............................................................................................... 4 Siemens Capabilities & Customer Commitment ...................................................... 5 SERVICE SOLUTION......................................................................................................... 6 Building Services- Security ..................................................................................... 6 Device List and Services ......................................................................................... 8 Clarifications and Exclusions .................................................................................. 9 SERVICE IMPLEMENTATION PLAN.................................................................................. 10 Service Program Details ...................................................................................... 10 Service Team ....................................................................................................... 12 TERMS AND CONDITIONS ............................................................................................. 13 Terms and Conditions .......................................................................................... 13 Agreement Terms for Investments ....................................................................... 14 SIGNATURE PAGE ......................................................................................................... 15 Signature Page .................................................................................................... 15 APPENDICES ................................................................................................................. 16 Appendix A: Siemens Service Portfolio ................................................................. 16

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Proposal #: 6584214
Date: January 21, 2022
Contact Information
Sales Executive: Diego Velez
Branch Address: 6141 Katella Ave
Cypress, CA 90630
Telephone: 657-465-8464
Email Address: [email protected]
Customer Contact: Mike Dering
Customer: City of Orange
Address: 300 E Chapman
Orange, CA 92866

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Executive Summary
Customer Needs
Siemens shall provide the City of Orange with Preventative Maintenance, Repair and Replace, and Annual Security Assessment services at Metro Station Phase 1. This document shall serve as the Statement of Work (SOW) and describe services, expectations, inclusions, exclusions and the investment summary Term shall include the systems at the following location1. Metro Phase 1 Services agreement shall provide Software Maintenance Agreements for the following applications:
• Genetec Software Maintenance Agreement
Services agreement shall provide the following services:

1. Semi-Annual Preventative Maintenance

2. Comprehensive Repair and Replace

3. Annual Security Assessment

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Siemens Capabilities & Customer Commitment
Siemens Industry, Inc. is a leading single-source provider of cost-effective facility performance solutions for the comfort, life safety, security, energy efficiency and operation of some of the most technically advanced buildings in the world. For more than 150 years, Siemens has built a culture of long-term commitment to customers through innovation and technology. Siemens is a financially strong global organization with a Branch network that delivers personalized service and support to customers in multiple industries and locations.

References are available upon request.

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Building Services- Security
Preventative Maintenance
Siemens shall provide semi-annual preventative maintenance on all covered equipment. Based on any abnormal findings, Siemens technicians will be authorized to replace parts or alter settings and programming to optimize the systems. All findings shall be provided in a semi-annual report to the client. Siemens shall maintain semi-annual reports, as part of client services program portfolio. Siemens will provide all system software updates, as part of annual preventative maintenance visits. All software updates are provided at no additional cost, with the valid software maintenance programs (included in this program). All items included in this service shall be clearly delineated in the scope of work document.

Annual Security Assessment
Using workshops and on-site surveys, Siemens analyzes your current security environment (e.g., systems, organization and processes), identifies weaknesses and suggests possible improvement measures. A high priority is the physical installation and configuration of the security devices and systems. Siemens will also evaluate if the objectives of your Security Management Plan can be achieved with the installed physical security system. Gaps between requirements and capabilities will be identified and documented, along with recommendations for improvement.

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Comprehensive Repair and Replace
Siemens shall provide added warranty coverage for the identified components of the clients system. Repair and replacement of worn, failed and malfunctioned equipment will be provided during normal business hours, with next day service response coverage times. Should the component be of critical or of an emergency nature, Siemens shall provide 4-hour response in diagnosing of issue and beginning of repair process. Siemens may provide replacement from back-stock, if available. Siemens includes back-stock equipment as part of this service. All afterhours and weekend services are covered under this agreement, when required.

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Device List and Services
Metro Station Phase 1
Services Semi- Annual Preventative Maintenance, Comprehensive Repair and Replace.

Device QTY
Cameras 24
PoE Switch 3
Ethernet & POE Over Coax BASE Unit 4
Power Supply 2
Siklu Radio 10

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Clarifications and Exclusions
• Siemens pricing assumes execution of preventative maintenance and cleaning services to be performed during normal business hours.
• Repair and replace does not cover any items that may be down due to vandalism. • Siemens excludes all equipment not explicitly stated in this scope of work. • Siemens excludes all foliage control, as may be required for radio communication. • Siemens excludes all traffic control, as may be required for traffic and street light cameras. • All permits and submittals to city, or local AHJ, are by others and excluded from this scope of work. • Siemens requires signed agreement or acceptable client Purchase Order, prior to all work commencement, including parts acquisition or project mobilization. • Pricing and SOW is based on current system configuration and architecture. Additions to system shall be addressed annually upon program anniversary.
• Services to exclude City of Orange Phase 2 Metro.

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Service Program Details
As a Service Agreement customer with an active contract, you will receive the benefit of a discount from our standard labor rates. Service Program Details are shown below and our Standard rates and preferred customer rates are documented on the next page.

Service Frequency/Time Plan
Emergency Response Time- 4 hour response time Included
Response time- for non-emergency 8 hour response time Included Hours of Service Monday- Friday 8:00 AM - 5:00
PM
Included
Hours Outside of 8-5, M-F After hours, weekends and
Holidays Included
Response Window 24x7 Included
Material As Needed Included
Preventative Maintenance Semi-Annually Included
Genetec
Software Support Agreement
Coverage
Included
Security Assessment Annual Included
Material Rates: Customers with an active Service Agreement will benefit from a discount percentage off the standard pricing for Siemens Industry, Inc. products. Customers without a Service Agreement will pay standard pricing for Siemens Industry, Inc. products.

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Diego Velez– Security Account Executive
–[email protected] manages the
overall strategic service plan based upon your
current and future service requirements.

Jonathan So – Client Services Manager is
responsible for ensuring that our contractual
obligations are delivered, your expectations are
being met and you are satisfied with the delivery
of our services.

Carlos Black- Primary Service Specialist is
responsible for performing the ongoing service of
your system.

Joseph James- Secondary Service
Specialist who will be familiarized with your
building systems to provide in-depth backup
coverage.

Darren Chen- Service Operations Manager is
responsible for managing the delivery of your
entire support program and service requirements.

Connie Hernandez- Service Coordinator is
responsible for scheduling your planned
maintenance visits, and handling your
emergency situations by taking the appropriate
action.

Josie Bade - Service Administrator is
responsible for all service invoicing including
both service agreement and service projects.

Michelle Wilson - Security Sales Manager is
available for escalation.

Service Team
An important benefit of your Service Agreement derives from having the trained building service personnel of Siemens Industry, Inc. familiar with your building systems. Our implementation team of local experts provides thorough, reliable service and scheduling for the support of your system.

Added to the team is a team of building experts at our Digital Service Center. The benefits you receive are less disruption to your employees at the site, less intrusive on the system at peak hours, fewer emissions for trucks rolled, and real time analytics with digital workspace hours.

The following list outlines the service team that will be assigned to the service agreement for your facility Your Assigned Team of Service Professionals will include:

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Terms and Conditions
Terms and Conditions (Click to download)
Terms & Conditions
(http://go.siemens.net/95260872 )
As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub-suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the correct and punctual supply from sub-suppliers or subcontractors, and Siemens reserves the right to make partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable effort to meet the delivery or service or completion date mentioned above, such date is subject to change.

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Period Period Range
1 Sep 22,2022 - Sep 21,2023
Billing Frequency Price
Annually $30,804.35
Agreement Terms for Investments
Services shall be provided at:
194 N Atchison St
Orange, CA 92866
Siemens Industry, Inc. shall provide the services as identified in this Proposal and pursuant to the associated terms and conditions contained within.

Duration (Initial Term and Renewal): This Agreement shall remain in effect for an Initial Term of 1 Periods beginning 2022-09-22. After the expiration of the Initial Term, this Agreement shall automatically renew for successive one year periods. The Investments for each year after the Initial Term of the Agreement and each year of each renewal of this Agreement shall be determined as the immediate prior year's Investment plus an escalator of 3%. In addition, each renewal term pricing shall be adjusted for any additions or deletions to services selected for the renewal term.

Initial Term Investments:

Contract Bridge March 3,2022- Sept 21,2022 $15,402.00
Investment Total $46,206.35
*Amount Due In Advance Based On Billing Frequency
Applicable sales taxes, if included in the investment amount, are estimated only and will be calculated based on local requirements at the time of invoicing. The pricing quoted in this Proposal are firm for 30 days.

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Agenda Item
City Council
Item #: 3.9. 2/8/2022 File #: 21-0661
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $118,181 in grant funding received for the 2021-2022 North Orange County Public Safety Collaborative Program.

2. SUMMARY
The Board of State and Community Corrections, under the Corrections Planning and Grant Programs, awarded funds towards the North Orange County Public Safety Collaborative. The eligible allocation amount awarded is approximately $7.8 million, of which $118,181 is allocated to the City of Orange Police Department.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the Board of State and Community Corrections.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 1: Provide for a safe community
e: Develop and implement effective community outreach services and programs to promote public safety.

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Item #: 3.9. 2/8/2022 File #: 21-0661

6. DISCUSSION AND BACKGROUND
As part of the 2021 State Budget Act, the Board of State and Community Corrections (BSCC), under the Corrections Planning and Grant Programs, awarded funds towards the North Orange County Public Safety Collaborative Program. The eligible allocation award is approximately $7.8 million and is intended to support a collaborative effort to reduce violence through prevention, intervention and suppression activities through the use of evidence-based practices in the following areas:

1. Programs to address youth violence prevention and intervention in K-12 schools

2. Promote and enhance the successful reentry of offenders into the community

3. Address homeless outreach and intervention efforts
The Orange Police Department will be joining ten North Orange County cities who are also receiving these funds: Anaheim, Brea, Buena Park, Cypress, Fullerton, La Habra, La Palma, Placentia, Stanton, and Yorba Linda. The City of Stanton is the designated Fiscal Agent.

To satisfy the program requirements, the Orange Police Department will prioritize the use of funds to address homeless outreach and intervention efforts in the City of Orange. The funds will be shared, in partnership with the City of Orange Public Works Department and Community Services Department, to address homeless-related issues including, but not limited to, homeless outreach services, special enforcement, after-hours security, and maintenance of city parks and streets.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.9. 2/8/2022 File #: 21-0661
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Dan Adams, Chief of Police

1. SUBJECT
Appropriation of $118,181 in grant funding received for the 2021-2022 North Orange County Public Safety Collaborative Program.

3. RECOMMENDED ACTION

4. FISCAL IMPACT
The total appropriations for this grant are funded by the additional revenue received from the Board of State and Community Corrections.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 1: Provide for a safe community
e: Develop and implement effective community outreach services and programs to promote public safety.

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Item #: 3.9. 2/8/2022 File #: 21-0661

1. Programs to address youth violence prevention and intervention in K-12 schools

2. Promote and enhance the successful reentry of offenders into the community

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.10. 2/8/2022 File #: 22-0047
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $1,566,207.43 in State of California Office of Emergency Services funding received.

2. SUMMARY
Costs for strike team and individual overhead deployments represent non-budgeted expenditures for the Fire Department. These costs are reimbursed by the State of California Office of Emergency Services at a later date. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2021-2022.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $1,566,207.43 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal -OES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $1,547,602.94 into the expenditure account numbers for Overtime-Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $18,604.49 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the State of California Office of Emergency Services.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a. Provide staffing and resources to deliver services that ensure public safety.

6. DISCUSSION AND BACKGROUND
The Orange City Fire Department is a party to a state-level agreement with the State of California Office of Emergency Services (Cal-OES) to provide fire and emergency assistance to state and federal fire agencies. This agreement is managed by Cal-OES and referred to as the California Fire Assistance Agreement (CFAA). Under this agreement, the Orange City Fire Department generally provides resources two different ways: Strike Teams and Individual Overhead.

Strike team deployments involve an Engine Company, or a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.10. 2/8/2022 File #: 22-0047
responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency Medical Technician (EMT).

Upon return from an incident, reimbursement paperwork and invoices are submitted to Cal-OES. The Fire Department recently received reimbursement payments for the Dixie Fire for $644,991.57, the Monument Fire for $433,304.89, the Caldor Fire for $426,977.71, the Airola Fire for $8,179.49, the Washington Fire for $20,194, the 2021 ONC IMT Staging for $5,467.14, and the Alisal Fire for $27,092.63. Staff is requesting that funds be appropriated into the appropriate expenditure accounts for Fiscal Year 2021-2022. The additional funds will reimburse Fire Department overtime and travel expenditures incurred during these incidents.

Staff recommends acceptance of revenue and appropriation of expenditures as follows:

Cal-OES reimbursements (revenue account 100.3024.48212.xxxxx):
$ 644,991.57 .40274 - Dixie Fire
433,304.89 .40277 - Monument Fire
426,977.71 .40278 - Caldor Fire
8,179.49 .40279 - Airola Fire
20,194.00 .40281 - Washington Fire
5,467.14 .40282 - 2021 ONC IMT Staging
27,092.63 .40285 - Alisal Fire
$1,566,207.43
Overtime-Safety (expenditure account 100.3024.50221.xxxxx):
$ 635,288.14 .40274 - Dixie Fire
428,927.77 .40277 - Monument Fire
422,453.77 .40278 - Caldor Fire
8,179.49 .40279 - Airola Fire
20,194.00 .40281 - Washington Fire
5,467.14 .40282 - 2021 ONC IMT Staging
27,092.63 .40285 - Alisal Fire
$1,547,602.94
Strike Team (expenditure account 100.3024.53860.xxxxx):
$ 9,703.43 .40274 - Dixie Fire
4,377.12 .40277 - Monument Fire
4,523.94 .40278 - Caldor Fire
$ 18,604.49

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.10. 2/8/2022 File #: 22-0047
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Appropriation of $1,566,207.43 in State of California Office of Emergency Services funding received.

3. RECOMMENDED ACTION

1. Accept into the City’s revenue budget $1,566,207.43 in strike team reimbursement funds from the California Office of Emergency Services (Cal-OES), into the revenue account numbers for Cal -OES reimbursements as specified in Section 6 of the staff report.

2. Authorize the appropriation of $1,547,602.94 into the expenditure account numbers for Overtime-Safety as specified in Section 6 of the staff report.

3. Authorize the appropriation of $18,604.49 into the expenditure account numbers for Strike Team Expenditures as specified in Section 6 of the staff report.

4. FISCAL IMPACT
The total appropriations for this reimbursement are funded by the additional revenue received from the State of California Office of Emergency Services.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a. Provide staffing and resources to deliver services that ensure public safety.

Strike team deployments involve an Engine Company, or a Battalion Chief, or a Deputy Chief responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.10. 2/8/2022 File #: 22-0047
responding to an incident with their vehicle, as part of a multi-agency team. Individual Overhead resources respond to fill a specific role for an incident, such as Safety Officer or Line Emergency Medical Technician (EMT).

Staff recommends acceptance of revenue and appropriation of expenditures as follows:

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.11. 2/8/2022 File #: 22-0050
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Dave Curtis, Library Services Director

1. SUBJECT
Acceptance of 19 grant funded Wi-Fi hotspots with data plans, 13 Chromebook laptops, and 12 accessory kits for the Library’s lending collection, valued at $14,500, received from California State Library and Southern California Library Cooperative.

2. SUMMARY
This equipment from California State Library and Southern California Library Cooperative will be used to enhance and expand the Library’s technology for adults and their families.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $14,500 in grant funds into expenditure account number 100.2004.55131.30192 - Furniture, Machinery, Equipment for General Fund - Home Connectivity Kit Project.

4. FISCAL IMPACT
The total appropriation for this grant is funded by the additional revenue received from California State Library and Southern California Library Cooperative.

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
c: Enhance technology to improve public accessibility to information and services.

6. DISCUSSION AND BACKGROUND
The Orange Public Library has been awarded a Home Connectivity Kit Project Grant for Fiscal Year 2021-2022 (FY22). California State Library and Southern California Library Cooperative (SCLC) have generously provided support in Federal Library Services and Technology Act (LSTA) funds to enhance and expand the Library’s technology for adults and their families.

The goal of the grant is to address digital inequity in communities, which the pandemic has made evident. The grant will fund 19 Wi-Fi hotspots with data plans, 13 Chromebook laptops, and 12 accessory kits for the Library’s lending collection. All equipment was received directly from SCLC in City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.11. 2/8/2022 File #: 22-0050
January 2022.

7. ATTACHMENTS
· None
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Agenda Item
City Council
Item #: 3.11. 2/8/2022 File #: 22-0050
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Dave Curtis, Library Services Director

2. SUMMARY
This equipment from California State Library and Southern California Library Cooperative will be used to enhance and expand the Library’s technology for adults and their families.

3. RECOMMENDED ACTION

2. Authorize the appropriation of $14,500 in grant funds into expenditure account number 100.2004.55131.30192 - Furniture, Machinery, Equipment for General Fund - Home Connectivity Kit Project.

4. FISCAL IMPACT
The total appropriation for this grant is funded by the additional revenue received from California State Library and Southern California Library Cooperative.

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service
c: Enhance technology to improve public accessibility to information and services.

The goal of the grant is to address digital inequity in communities, which the pandemic has made evident. The grant will fund 19 Wi-Fi hotspots with data plans, 13 Chromebook laptops, and 12 accessory kits for the Library’s lending collection. All equipment was received directly from SCLC in City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.11. 2/8/2022 File #: 22-0050
January 2022.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.12. 2/8/2022 File #: 22-0019
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for D-178; Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project; and authorization to advertise Bid No. 21-22.27.

2. SUMMARY
Plans and specifications for the Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project have been completed, and the project is ready to be advertised for bids. The total estimated construction cost including 10% contingencies and 5% for construction engineering is $627,200.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for the Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project.

4. FISCAL IMPACT
The total expenditure for this project is $627,200 and will be funded in “Tustin Street BioClean Installation” (20485) through:

Sanitation and Sewer (220) $127,200
Reimbursable Capital Projects (550) 500,000
Total: $627,200

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project is part of the Public Works Department’s successful efforts to acquire funding from the Environmental Cleanup Tier 1 Grant Program managed by the Orange County Transit Authority (OCTA). This program makes funds available to soliciting cities to help protect Orange County beaches and waterways from transportation-generated pollution and improve overall water quality.

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Item #: 3.12. 2/8/2022 File #: 22-0019
The project collects drainage from a total of 414 acres composed of commercial, hospitals, bus stop locations, Multi-family homes, Mobile Home Park, and Single-family home section of Orange. These areas combine to generate potentially significant amounts of leaves, trash and other debris. The City has looked at various options to control trash and debris. Through the Orange Municipal Code, the City can enforce sections related to littering and nuisances and its weekly street sweeping program picks up a large amount of trash and debris. However, anything not collected by the street sweepers has the potential to enter the storm drain system and impact the downstream water bodies. The proposed Debris Separating Baffle Box (DSBB) is a Continuous Deflection Separator (CDS) unit, and helps address this deficiency by capturing trash and debris and other gross pollutants via its trash screens, sediment chambers, and the use of an oil skimmer and hydrocarbon boom filters. The DSBB will be placed on Tustin Street just north of the Santiago Creek. The proposed connector pipe screens (CPS) and the Full Trash Capture (FTC) units also help solve this deficiency by capturing trash and debris and other pollutants within each catch basin. The CPS and FTC will be installed in fifteen (15) catch basins on Katella Avenue, La Veta Avenue, and Main Street.

The total project cost is estimated at $627,200, including 5% for construction engineering and 10% for contingency. Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts.

The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301 “Existing Facilities” Class 1. The CEQA Notice of Exemption will be filed with the County Recorder’s Office upon Council’s approval of the plans and specifications.

Construction is scheduled to begin in July 2022 and is expected to be completed by September 2022.

Specifications and cost estimates are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Maps
City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.12. 2/8/2022 File #: 22-0019
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for D-178; Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project; and authorization to advertise Bid No. 21-22.27.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for the Tustin St., Katella Ave. & La Veta Ave. Water Quality Storm Drain Improvement project.

4. FISCAL IMPACT
The total expenditure for this project is $627,200 and will be funded in “Tustin Street BioClean Installation” (20485) through:

Sanitation and Sewer (220) $127,200
Reimbursable Capital Projects (550) 500,000
Total: $627,200

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.12. 2/8/2022 File #: 22-0019
The project collects drainage from a total of 414 acres composed of commercial, hospitals, bus stop locations, Multi-family homes, Mobile Home Park, and Single-family home section of Orange. These areas combine to generate potentially significant amounts of leaves, trash and other debris. The City has looked at various options to control trash and debris. Through the Orange Municipal Code, the City can enforce sections related to littering and nuisances and its weekly street sweeping program picks up a large amount of trash and debris. However, anything not collected by the street sweepers has the potential to enter the storm drain system and impact the downstream water bodies. The proposed Debris Separating Baffle Box (DSBB) is a Continuous Deflection Separator (CDS) unit, and helps address this deficiency by capturing trash and debris and other gross pollutants via its trash screens, sediment chambers, and the use of an oil skimmer and hydrocarbon boom filters. The DSBB will be placed on Tustin Street just north of the Santiago Creek. The proposed connector pipe screens (CPS) and the Full Trash Capture (FTC) units also help solve this deficiency by capturing trash and debris and other pollutants within each catch basin. The CPS and FTC will be installed in fifteen (15) catch basins on Katella Avenue, La Veta Avenue, and Main Street.

Construction is scheduled to begin in July 2022 and is expected to be completed by September 2022.

Specifications and cost estimates are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Maps
City of Orange Page 2 of 2 Printed on 2/3/2022
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Exhibit 1 - CDS BMP 2021-22
CDS Location: Tustin St North of Santiago Creek
Drainage Area: 259 ac
Legend
CDS Unit
Drainage Area
3000 ft
N
➤
© 2021 Google
© 2021 Google
© 2021 Google
113
Exhibit 2A - CPS BMP 2021-22
CPS Location: Katella Ave from Shaffer St to California St Drainage Area: 123 ac
Legend
CPS Unit
Drainage Area
1000 ft
N
➤
© 2021 Google
© 2021 Google
© 2021 Google
114
Exhibit 2B - CPS/FTC BMP 2021-22
CPS Location: SE Corner of La Veta Ave/Main St Intersection FTC Location: La Veta Ave from Main St to Pepper St and NE Corner of Main St/Providence Ave Intersection
Drainage Area: 32 ac
Legend
CPS/FTC Unit
Drainage Area
1000 ft
N
➤
© 2021 Google
© 2021 Google
© 2021 Google
115
Agenda Item
City Council
Item #: 3.13. 2/8/2022 File #: 22-0020
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Pavement Maintenance at Various Locations, Fiscal Year 2021-2022; and authorization to advertise Bid No. 21-22.28, SP-4183.

2. SUMMARY
Plans and specifications have been completed and the Annual Pavement Maintenance at Various Locations, Fiscal Year 2021-2022 is ready to be advertised for bids. The total estimated construction cost including 15% for contingencies and construction engineering is $2,723,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for Annual Pavement Maintenance at Various Locations, Fiscal Year 2021-2022.

4. FISCAL IMPACT
The total expenditure for this contract is $2,723,000 and will be funded in Pavement Management Program (13120) through:

Road Maintenance Rehabilitation Account (274) $2,470,000 Measure M2 (263) 253,000
TOTAL $2,723,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The Annual Pavement Maintenance at Various Locations, Fiscal Year 2021-2022 (FY22) is part of our Pavement Management Program FY22 (13120) activities and is designed to prolong pavement life of city streets. This project will consist of Annual Street Maintenance and SB-1 Street Improvements.

On April 13, 2021, the City Council approved the list of nine city arterial streets to be submitted for the Road Maintenance and Rehabilitation Account (RMRA) Funding Program, part of SB 1 - Road Repair City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.13. 2/8/2022 File #: 22-0020
Road Maintenance and Rehabilitation Account (RMRA) Funding Program, part of SB 1 - Road Repair and Accountability Act of 2017. The program addresses basic road maintenance, rehabilitation, and critical safety needs on both the state highway, and local streets and road system. For FY22, the City of Orange is receiving $2,859,921 of RMRA funding for the rehabilitation of city streets.

The rehabilitation methods vary depending on the sustained damage, but in general, consist of asphalt concrete overlays with localized areas of pavement reconstruction. The rehabilitated pavement will have a longer service life and will provide a safe and smooth ride for the public.

Another part of the Pavement Management Program FY22 is the Slurry Seal at Various Locations Project, which will be bid separately.

This asphalt concrete overlay project will rehabilitate approximately 50 residential streets and two arterial streets throughout the City. The streets selected for maintenance are in accordance with our Pavement Management Plan, and generally fall into the “poor to fair” category, requiring work at this time to prevent total pavement failure, saving the costs of complete reconstruction in the future at a much higher costs.

The total cost is estimated at $2,723,000, including a 15% construction engineering and contingency.

Upon receipt of public bids, staff will return to the City Council and recommend any funding adjustments and award of contracts based on the outcome of the public bid. If the unit price for asphalt comes in below the estimate, additional streets may be added for rehabilitation.

The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301 “Existing Facilities” Class 1 (c). The CEQA Notice of Exemption will be filed with the County Recorder’s Office upon Council’s approval of the plans and specifications.

Construction is scheduled to begin in May 2022 and is expected to be completed by October 2022.

Specifications and cost estimates are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Maps
City of Orange Page 2 of 2 Printed on 2/3/2022
powered by Legistar™117
Agenda Item
City Council
Item #: 3.13. 2/8/2022 File #: 22-0020
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Annual Pavement Maintenance at Various Locations, Fiscal Year 2021-2022; and authorization to advertise Bid No. 21-22.28, SP-4183.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for Annual Pavement Maintenance at Various Locations, Fiscal Year 2021-2022.

4. FISCAL IMPACT
The total expenditure for this contract is $2,723,000 and will be funded in Pavement Management Program (13120) through:

Road Maintenance Rehabilitation Account (274) $2,470,000 Measure M2 (263) 253,000
TOTAL $2,723,000

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

On April 13, 2021, the City Council approved the list of nine city arterial streets to be submitted for the Road Maintenance and Rehabilitation Account (RMRA) Funding Program, part of SB 1 - Road Repair and Accountability Act of 2017. The program addresses basic road maintenance, rehabilitation, and City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.13. 2/8/2022 File #: 22-0020
and Accountability Act of 2017. The program addresses basic road maintenance, rehabilitation, and critical safety needs on both the state highway, and local streets and road system. For FY22, the City of Orange is receiving $2,859,921 of RMRA funding for the rehabilitation of city streets.

Another part of the Pavement Management Program FY22 is the Slurry Seal at Various Locations Project, which will be bid separately.

The total cost is estimated at $2,723,000, including a 15% construction engineering and contingency.

The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA guidelines Section 15301 “Existing Facilities” Class 1 (c). The CEQA Notice of Exemption will be filed with the County Recorder’s Office upon Council’s approval of the plans and specifications.

Construction is scheduled to begin in May 2022 and is expected to be completed by October 2022.

Specifications and cost estimates are available for review in the Public Works Department.

7. ATTACHMENTS
· Location Maps
City of Orange Page 2 of 2 Printed on 2/3/2022
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Location Map
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Parcel Lines
Curb Type
1/27/2022 5:03:03 PM
0 0.075 0.15 0.3 mi
0 0.1 0.2 0.4 km
1:9,028
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, EPA | City of Anaheim, Esri, HERE | City of Orange - Engineering Design120
Location Map
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Parcel Lines
Curb Type
1/27/2022 5:27:34 PM
0 0.075 0.15 0.3 mi
0 0.1 0.2 0.4 km
1:9,028
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, EPA | City of Anaheim, Esri, HERE | City of Orange - Engineering Design121
Location Map
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Parcel Lines
Curb Type
8/2/2021 11:05:57 AM
0 0.075 0.15 0.3 mi
0 0.1 0.2 0.4 km
1:9,028
City of Anaheim, Esri, HERE | City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, EPA | City of Orange - Engineering Design122
Location Map
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Parcel Lines
Curb Type
8/2/2021 11:27:53 AM
0 0.0375 0.075 0.15 mi
0 0.05 0.1 0.2 km
1:4,514
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, USGS, EPA | City of Orange - Engineering Design123
Location Map
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Parcel Lines
Curb Type
8/2/2021 11:32:11 AM
0 0.0375 0.075 0.15 mi
0 0.05 0.1 0.2 km
1:4,514
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, USGS, EPA | City of Orange - Engineering Design124
Location Map
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Parcel Lines
Curb Type
8/30/2021 11:31:46 AM
0 0.075 0.15 0.3 mi
0 0.1 0.2 0.4 km
1:9,028
City of Anaheim, County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, EPA | City of Anaheim, Esri, HERE | City of Orange - Engineering Design125
Location Map
Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community
Parcel Lines
Curb Type
1/27/2022 5:41:22 PM
0 0.075 0.15 0.3 mi
0 0.1 0.2 0.4 km
1:9,028
County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, EPA | Esri, HERE | City of Orange - Engineering Design126
Agenda Item
City Council
Item #: 3.14. 2/8/2022 File #: 22-0025
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Community Development Block Grant El Modena Branch Library Restroom Remodel, and authorization to advertise for bids.

2. SUMMARY
Plan and specifications have been completed and the project is ready to advertise for bids. The total estimated construction cost, including 15% contingencies and construction management, is $151,000.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for El Modena Branch Library Restroom Remodel Project; Bid No. 21-22.26.

4. FISCAL IMPACT
The estimated expenditure for this project is $151,000 and will be funded in El Modena Restroom Remodel (30161) through Community Development Block Grant (310). A request for further allocation may be requested at the time of awarding the project.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
The Federal Community Development Block Grant Program (CDBG) provides grant funds to enable eligible localities to construct public improvements in Low and Moderate Income Areas within their jurisdiction. Eligible activities include infrastructure upgrades such as restroom improvements to comply with Americans with Disability Act (ADA). The El Modena Branch Library was built in 1977.

Minimal improvements have been done to the restrooms at this branch library since its construction.

Due to aging infrastructure and the necessity to accommodate ADA regulations, two public restrooms are recommended to be improved at this facility.

This project will provide for the accessibility improvement of two ADA restrooms at El Modena branch Library. As part of this project, actuator devices will be installed along with a mechanical door opener City of Orange Page 1 of 2 Printed on 2/3/2022 powered by Legistar™127
Item #: 3.14. 2/8/2022 File #: 22-0025
Library. As part of this project, actuator devices will be installed along with a mechanical door opener to allow the door to be opened with ease. Construction is scheduled to begin in April 2022 and is expected to be completed within 60 calendar days.

The proposed project is categorically exempt from the provisions of the California Quality Act (CEQA) under CEQA guidelines Section 15301 “Existing Facilities” Class 1(c). The Notice of exemption will be filed with the County Recorder’s Office upon Council’s approval of the plans and specifications.

Specifications and cost estimate are available for review through the Public Works Department.

7. ATTACHMENTS
· Location Map
City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.14. 2/8/2022 File #: 22-0025
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of plans and specifications for Community Development Block Grant El Modena Branch Library Restroom Remodel, and authorization to advertise for bids.

3. RECOMMENDED ACTION
Approve plans and specifications and authorize advertising for bids for El Modena Branch Library Restroom Remodel Project; Bid No. 21-22.26.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

Minimal improvements have been done to the restrooms at this branch library since its construction.

Due to aging infrastructure and the necessity to accommodate ADA regulations, two public restrooms are recommended to be improved at this facility.

This project will provide for the accessibility improvement of two ADA restrooms at El Modena branch Library. As part of this project, actuator devices will be installed along with a mechanical door opener City of Orange Page 1 of 2 Printed on 2/3/2022 powered by Legistar™129
Item #: 3.14. 2/8/2022 File #: 22-0025
Library. As part of this project, actuator devices will be installed along with a mechanical door opener to allow the door to be opened with ease. Construction is scheduled to begin in April 2022 and is expected to be completed within 60 calendar days.

Specifications and cost estimate are available for review through the Public Works Department.

7. ATTACHMENTS
· Location Map
City of Orange Page 2 of 2 Printed on 2/3/2022
powered by Legistar™130
El Modena Branch Library Bathroom Remodel; Bid No. 21-22:26 Location Map
131
Agenda Item
City Council
Item #: 3.15. 2/8/2022 File #: 22-0015
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
Seven claims have been received and investigated by the City Attorney’s Office and/or the Risk Manager with the involved departments.

3. RECOMMENDED ACTION
Deny the following claims and refer to City Attorney and Claims Adjuster:

1. Roman Martinez Barrera

2. Joseph & Corinne Conard

3. Holly Morales

4. Sonia Beatriz Costa

5. Ashley Kumar Saroya

6. Allstate a/s/o Chau Vu

7. Erika Betancourt

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Roman Martinez Barrera alleging personal injury due to a traffic collision involving an Orange Police Department Vehicle.

2. Request for leave to present a late claim from Joseph & Corinne Conard alleging property damage to sewer line due to City tree roots.

3. Claim for damages from Holly Morales alleging property damage to Claimant’s vehicle when Claimant drove through a pothole.

4. Claim for damages from Sonia Beatriz Costa alleging property damage to Claimant’s vehicle when Claimant drove through a pothole.

5. Claim for damages from Ashley Kumar Saroya alleging property damage when a City tree City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.15. 2/8/2022 File #: 22-0015

5. Claim for damages from Ashley Kumar Saroya alleging property damage when a City tree branch fell on Claimant’s vehicle during a high wind event.

6. Claim for damages from Allstate a/s/o Chau Vu alleging property damage to insured’s vehicle due to a traffic collision with a City vehicle.

7. Claim for damages from Erika Betancourt alleging property damage to Claimant’s vehicle when Claimant drove through a pothole.

7. ATTACHMENTS
· None.

City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.15. 2/8/2022 File #: 22-0015
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Gary A. Sheatz, City Attorney

1. SUBJECT
Claims for Damages.

2. SUMMARY
Seven claims have been received and investigated by the City Attorney’s Office and/or the Risk Manager with the involved departments.

3. RECOMMENDED ACTION
Deny the following claims and refer to City Attorney and Claims Adjuster:

1. Roman Martinez Barrera

2. Joseph & Corinne Conard

3. Holly Morales

4. Sonia Beatriz Costa

5. Ashley Kumar Saroya

6. Allstate a/s/o Chau Vu

7. Erika Betancourt

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND

1. Claim for damages from Roman Martinez Barrera alleging personal injury due to a traffic collision involving an Orange Police Department Vehicle.

2. Request for leave to present a late claim from Joseph & Corinne Conard alleging property damage to sewer line due to City tree roots.

3. Claim for damages from Holly Morales alleging property damage to Claimant’s vehicle when Claimant drove through a pothole.

4. Claim for damages from Sonia Beatriz Costa alleging property damage to Claimant’s vehicle when Claimant drove through a pothole.

5. Claim for damages from Ashley Kumar Saroya alleging property damage when a City tree City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.15. 2/8/2022 File #: 22-0015

5. Claim for damages from Ashley Kumar Saroya alleging property damage when a City tree branch fell on Claimant’s vehicle during a high wind event.

6. Claim for damages from Allstate a/s/o Chau Vu alleging property damage to insured’s vehicle due to a traffic collision with a City vehicle.

7. Claim for damages from Erika Betancourt alleging property damage to Claimant’s vehicle when Claimant drove through a pothole.

7. ATTACHMENTS
· None.

City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.16. 2/8/2022 File #: 22-0058
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 20-21.36, Annual Sewer Line Replacement/Maintenance FY 20-21; and authorization to file Notice of Completion.

2. SUMMARY
The project consisted of replacing aging sewer infrastructure and pipes that were structurally deficient, improving pipeline capacity, and minimizing maintenance issues.

The project included the replacement of approximately 3,820 linear feet of existing 6” lines with 8” clay lines. The rehabilitation of approximately 1,879 linear feet of sewer by cure-in-place pipe liner, and the reconnection of service laterals throughout the City. The City of Orange entered into a contract with Big Ben Inc. The work was completed to the satisfaction of the Public Works Department.

3. RECOMMENDED ACTION
Accept Annual Sewer Line Replacement/Maintenance FY 20-21 project (S-244) as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.16. 2/8/2022 File #: 22-0058
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Final Acceptance of Bid No. 20-21.36, Annual Sewer Line Replacement/Maintenance FY 20-21; and authorization to file Notice of Completion.

2. SUMMARY
The project consisted of replacing aging sewer infrastructure and pipes that were structurally deficient, improving pipeline capacity, and minimizing maintenance issues.

3. RECOMMENDED ACTION
Accept Annual Sewer Line Replacement/Maintenance FY 20-21 project (S-244) as complete, and authorize staff to file Notice of Completion with the County Recorder.

4. ATTACHMENTS
· Notice of Completion and Acceptance
City of Orange Page 1 of 1 Printed on 2/3/2022
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Orange
300 East Chapman Avenue
Orange, California 92866
Attention: City Clerk
[Space above this line for Recorder’s use only.]

THIS DOCUMENT IS RECORDED AT THE

REQUEST AND FOR THE BENEFIT OF THE CITY

OF ORANGE AND IS EXEMPT FROM THE

PAYMENT OF A RECORDING FEE PURSUANT
TO GOVERNMENT CODE SECTIONS 6103 AND
27383.

NOTICE OF COMPLETION AND ACCEPTANCE
NOTICE IS HEREBY GIVEN that work on that certain public work and improvements known as “Annual Sewer Line Replacement / Maintenance FY 2020-21 (S-244)” (herein referred to as the “Project”), for the owner, the City of Orange, a municipal corporation (herein referred to as the “City”), whose address is 300 E. Chapman Avenue, Orange, CA 92866, was completed and accepted by the City Council of the City of Orange on February 8, 2022 at a regular meeting of its members, at which a quorum was present and acting throughout. The Project is at various locations in the City of Orange, State of California. The contractor who performed (or caused to be performed) said public work and improvements were Big Ben Inc., a California corporation, with its principal office at 4790 Irvine Blvd, Irvine, State of California.

The name of the surety on the Labor and Material Bond for the Project is Markel Insurance Company of, Illinois (Bond No. 4443243) in the amount of $1,015,200.00
DATED as of the 8th day of February 2022. CITY OF ORANGE, a municipal corporation By:

Mark A. Murphy, Mayor, City of Orange

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Mark A. Murphy, Mayor of the City of Orange, state that I have read the foregoing document know the contents thereof, and that the facts therein stated are true of my own knowledge. I hereby declare under penalty of perjury that the foregoing is true and correct.

DATED as of the 9th day of February 2022 at Orange, California.

Mark A. Murphy, Mayor, City of Orange
I, Pamela Coleman, City Clerk for the City of Orange, hereby attest that Mark A. Murphy is known to me to be the Mayor of the City of Orange and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that the City of Orange executed the same.

Pamela Coleman, City Clerk, City of Orange
138
Agenda Item
City Council
Item #: 3.17. 2/8/2022 File #: 22-0022
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Sole source procurement and installation of three emergency vehicle preemption system units.

2. SUMMARY
Emergency vehicle preemption (EVP) systems are critical for reducing emergency response times and three additional units are being proposed for deployment. Since 2012, the Orange Fire Department has successfully relied on GPS-based Emergency vehicle preemption systems manufactured by Global Traffic Technologies (GTT) Opticom. The product is only available through DDL Traffic, Inc., therefore warranting a sole source procurement.

3. RECOMMENDED ACTION
Authorize the sole source purchase and installation of three Opticom GPS Emergency Vehicle Preemption Systems from DDL Traffic, Inc. for an amount not to exceed $33,350.

4. FISCAL IMPACT
The total expenditure for this purchase, including a 10% contingency, is $33,350 and will be funded in Signal Pre-emption Installation (12406) through Fire Facility Fees (560).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

6. DISCUSSION AND BACKGROUND
Emergency vehicle preemption (EVP) systems assist Fire Department emergency response vehicles through signalized intersections by providing temporary right-of-way. When activated, the traffic signal controller assigns or holds a green light to the requesting Fire Department vehicle, allowing it to pass through the intersection. During the period when the Fire Department vehicle is given the right-of-way, all conflicting traffic is stopped via red lights, minimizing driver confusion and reducing accident potential at the affected intersection.

Since 2012, the Orange Fire Department has been utilizing EVP equipment manufactured by Global Traffic Technologies (GTT) Opticom. The sole-sourcing of this equipment, selected for its reliability and capabilities, has been previously approved. To date, 94 of the City’s 158 signalized intersections City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.17. 2/8/2022 File #: 22-0022
and capabilities, has been previously approved. To date, 94 of the City’s 158 signalized intersections have been equipped with EVP capabilities. As part of an ongoing effort to target additional intersections that would benefit from EVP, the Public Works Department, with the concurrence of the Fire Department, proposes to install EVP devices at three additional signalized intersections:

1. Wanda Road and Collins Avenue

2. Chapman Avenue and Manchester Avenue

3. Compton Avenue and Manchester Avenue
Staff recommends the purchase and installation of GTT Opticom EVP systems for the aforementioned signalized intersections. Continuing with the GTT Opticom system achieves consistency and maintenance efficiency, and DDL Traffic, Inc., is the only authorized vendor for the product. DDL Traffic, Inc. will also install the EVP system and provide any needed technical support.

The scope of work includes the installation of the detection devices on existing signal poles or mast arms, running detector cables to the traffic signal controller, and installation of the GPS components in the traffic controller cabinets.

The total amount of the procurement and the installation is not to exceed $33,350 (original quote of $30,315.49 plus 10 percent contingency.)

7. ATTACHMENTS
· Vicinity Map
· DDL Traffic, Inc. Quote
· Sole Source Letter from Global Traffic Technologies
City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.17. 2/8/2022 File #: 22-0022
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Sole source procurement and installation of three emergency vehicle preemption system units.

3. RECOMMENDED ACTION
Authorize the sole source purchase and installation of three Opticom GPS Emergency Vehicle Preemption Systems from DDL Traffic, Inc. for an amount not to exceed $33,350.

4. FISCAL IMPACT
The total expenditure for this purchase, including a 10% contingency, is $33,350 and will be funded in Signal Pre-emption Installation (12406) through Fire Facility Fees (560).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.

Since 2012, the Orange Fire Department has been utilizing EVP equipment manufactured by Global Traffic Technologies (GTT) Opticom. The sole-sourcing of this equipment, selected for its reliability and capabilities, has been previously approved. To date, 94 of the City’s 158 signalized intersections City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.17. 2/8/2022 File #: 22-0022
and capabilities, has been previously approved. To date, 94 of the City’s 158 signalized intersections have been equipped with EVP capabilities. As part of an ongoing effort to target additional intersections that would benefit from EVP, the Public Works Department, with the concurrence of the Fire Department, proposes to install EVP devices at three additional signalized intersections:

1. Wanda Road and Collins Avenue

2. Chapman Avenue and Manchester Avenue

The total amount of the procurement and the installation is not to exceed $33,350 (original quote of $30,315.49 plus 10 percent contingency.)

7. ATTACHMENTS
· Vicinity Map
· DDL Traffic, Inc. Quote
· Sole Source Letter from Global Traffic Technologies
City of Orange Page 2 of 2 Printed on 2/3/2022
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143
AGENCY PROJECT BID DATE INTERSECTION BID ITEM QTY. COST EA. TOTAL City of Orange Opticom GPS Project Led by the Fire Dept. 1/5/22 Wanda & Collins GTT 764 Opticom Phase Selector 3 $2,995.00 $8,985.00 Chapman & Manchester GTT GPS 3100 Intersection Antenna 3 $2,860.00 $8,580.00 Compton & Manchester 760 Opticom Card Rack 3 $395.00 $1,185.00 Opticom GPS Cable (500’) 3 $730.00 $2,190.00
AB-0155 Pelco Clamp 3 $75.00 $225.00
768 Aux. Harness 3 $560.00 $1,680.00
Installation of GPS Antenna per intersection 3 $1,100.00 $3,300.00 Tech Support Opticom per intersection 3 $800.00 $2,400.00 D- Connectors not needed 0 $0.00 $0.00
Opticom Total $28,545.00
TOTAL: $28,545.00
Rosalie Harvey Sales Tax (7.75%): $1,770.49
626-226-8844 Cell TOTAL COST: $30,315.49
909-614-7255 (fax)
[email protected]
www.ddltraffic.com *Quote Good For 90 Days
1 144
Global Traffic Technologies, LLC • 7800 Third Street North • St. Paul, Minnesota 55128-5441 p 651-789-7333 • f 651-789-7334 • www.gtt.com
December 14, 2021
To Whom It May Concern:

This letter is being sent in response to your request regarding the Opticom™ priority control system. Opticom is manufactured by Global Traffic Technologies, LLC (GTT). Since 1968, Opticom has been the standard in priority control, now totaling more than 3,100 customers, 70,000+ intersections and 70,000+ vehicles worldwide. Worth noting, GTT’s Opticom system is used in 41 of the 50 largest U.S. cities, amongst many other deployments in Canada, Europe, Asia-Pacific and the Middle-East.

GTT invests heavily in research and development, to ensure its customers always receive the best value and most feature-rich solutions when buying priority control. This effort has led to more than 100 patents, either granted or in-process.

While the topic of a mixed system sometimes emerges, please note that GTT designs, develops and tests each Opticom component as part of a “matched component system.” This means that “mixing” non-Opticom components raises concerns, including:
x Security is accomplished through Opticom’s proprietary design, which prevents unauthorized use of the system. Mixing components would significantly reduce or even eliminate the security measures GTT has built into the Opticom solution x Mutual aid to and/or from surrounding communities depends on compatibility amongst signal priority solutions. The use of Opticom components with non-Opticom components has not been designed for or tested by GTT
x Proper testing of compatibility would require inclusion of all of the potential operating scenarios (temperature, humidity, electrical and accelerated life) and third-parties.

Further, testing would need to be repeated each time an Opticom or third-party component was updated, making testing impractical. While the Opticom matched component system is guaranteed, mixing Opticom components with non-Opticom components voids the warranty of the connected Opticom components and transfers the liability of any such incompatibility from the manufacturer to the customer x The Opticom model 764 phase selector is not compatible with other brands’ GPS emitters
145
Global Traffic Technologies, LLC • 7800 Third Street North • St. Paul, Minnesota 55128-5441 p 651-789-7333 • f 651-789-7334 • www.gtt.com
x The Opticom Central Management Software is a proprietary software program for the Opticom system that is not compatible with any other vendor’s equipment or software For the above reasons, GTT strongly recommends keeping the Opticom system whole.

In southern California, DDL Traffic, Inc., is the authorized dealer for GTT. There are currently no other authorized dealers of GTT’s products in this region and GTT is the solesource provider/manufacturer of Opticom products.

Please contact GTT or DDL if you have further questions or if you require additional detail. GTT and/or DDL will also provide a list of references if you’d like to talk with others about this topic.

Sincerely,
Daniel C. Dolsky
ůŝĞŶƚ^ĞƌǀŝĐĞƐManager
Global Traffic Technologies, LLC.
;ϲϱϭͿ ϳϴϵͲϳϯϰϬ
146
Agenda Item
City Council
Item #: 3.18. 2/8/2022 File #: 22-0040
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Bonnie Hagan, Assistant City Manager / Community Services Director

1. SUBJECT
Authorize purchase of landscape supplies from SiteOne Landscape Supply.

2. SUMMARY
Request for City Council to authorize a $60,000 blanket purchase order with SiteOne Landscape Supply for Fiscal Year 2021-22 (FY 22) for commercial irrigation supplies, trees, and industry specific tools for the Community Services Department. SiteOne Landscape Supply is an Orange based, cost -competitive business, which has previously been authorized by City Council as a single source supplier.

3. RECOMMENDED ACTION
Approve a blanket purchase order of $60,000 with SiteOne Landscape Supply.

4. FISCAL IMPACT
The total expenditure for this blanket purchase order is $60,000 and will be funded through the General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND
The Community Services Department utilizes SiteOne Landscape Supply (SiteOne), an Orange based business, for commercial irrigation and landscape supplies to complete in-house landscape projects and repairs. These projects are in addition to the park maintenance contracts for general landscape maintenance. SiteOne is the nation’s largest supplier of wholesale goods for green industry professionals in the United States and Canada and is currently the only commercial irrigation supplier in the City. Over the last several years, SiteOne has acquired other local companies that have been patronized by the Department in the past such as Hydroscape, an irrigation supply store, and Village Nursery. As such, SiteOne has expanded its products to include commercial irrigation supplies, trees, industry specific tools, seed, fencing, and other landscape supplies. Parks staff utilize SiteOne as a one-stop shop for these supplies to increase efficiencies while supporting a local City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.18. 2/8/2022 File #: 22-0040
utilize SiteOne as a one-stop shop for these supplies to increase efficiencies while supporting a local business with cost-competitive prices.

The City Council authorized SiteOne as a single source vendor in December 2020 and the Parks Division currently has a $50,000 blanket purchase order with SiteOne which will soon be expended.

Staff anticipates that required expenditures will exceed the current purchase order amount due to three factors. First, the cost of goods continues to increase with time. Staff received notification last fall from Site One indicating raw material shortages, increase in freight costs, labor shortages, and price inflation for core irrigation products, PVC pipe, plant material, and hardscape products.

Second, SiteOne expanded its product selection to include items that are unavailable at other local retailers. Finally, staff is making more repairs in the parks than usual due to aging infrastructure and increased vandalism.

Given these factors, staff estimates that the Department will spend approximately $10,000 more at SiteOne during this fiscal year and is requesting that the City Council authorize an addition to the blanket purchase order for a total of $60,000 to allow the Department’s staff to continue purchasing necessary materials for making repairs in the field. Funds are currently available in the FY 22 Community Services Department allocated budget.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.18. 2/8/2022 File #: 22-0040
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Bonnie Hagan, Assistant City Manager / Community Services Director

1. SUBJECT
Authorize purchase of landscape supplies from SiteOne Landscape Supply.

3. RECOMMENDED ACTION
Approve a blanket purchase order of $60,000 with SiteOne Landscape Supply.

4. FISCAL IMPACT
The total expenditure for this blanket purchase order is $60,000 and will be funded through the General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 2: Be a fiscally healthy community
a: Expend fiscal resources responsibly.

6. DISCUSSION AND BACKGROUND
The Community Services Department utilizes SiteOne Landscape Supply (SiteOne), an Orange based business, for commercial irrigation and landscape supplies to complete in-house landscape projects and repairs. These projects are in addition to the park maintenance contracts for general landscape maintenance. SiteOne is the nation’s largest supplier of wholesale goods for green industry professionals in the United States and Canada and is currently the only commercial irrigation supplier in the City. Over the last several years, SiteOne has acquired other local companies that have been patronized by the Department in the past such as Hydroscape, an irrigation supply store, and Village Nursery. As such, SiteOne has expanded its products to include commercial irrigation supplies, trees, industry specific tools, seed, fencing, and other landscape supplies. Parks staff utilize SiteOne as a one-stop shop for these supplies to increase efficiencies while supporting a local City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.18. 2/8/2022 File #: 22-0040
utilize SiteOne as a one-stop shop for these supplies to increase efficiencies while supporting a local business with cost-competitive prices.

The City Council authorized SiteOne as a single source vendor in December 2020 and the Parks Division currently has a $50,000 blanket purchase order with SiteOne which will soon be expended.

7. ATTACHMENTS
· None
City of Orange Page 2 of 2 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.19. 2/8/2022 File #: 22-0075
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Admin. Services Director

1. SUBJECT
Authorize purchase of annual VMware support at both the Civic Center and Orange Police Department datacenters from Sidepath, Inc.

2. SUMMARY
Support for on-going maintenance of the VMware environments at both the Civic Center and Orange Police Department datacenters is due annually.

3. RECOMMENDED ACTION
Approve the purchase of VMware annual support for both the Civic Center and Orange Police Department datacenters from Sidepath, Inc. in the amount of $17,053.

4. FISCAL IMPACT
The total expenditure for this agreement is $17,053 and will be funded through Information Systems Operations (780).

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service.
c: Enhance technology to improve public accessibility to information and services.

6. DISCUSSION AND BACKGROUND
VMware is the virtualization platform that is used in both the Civic Center and Orange Police Department datacenters to manage server, network, and storage resources more efficiently. Annual support provides us with access to software updates and technical support resources in the event of an issue with the VMware environment. VMware has not increased the annual support amount from last year.

7. ATTACHMENTS
· Quote from Sidepath for VMware Renewal
City of Orange Page 1 of 1 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.19. 2/8/2022 File #: 22-0075
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Admin. Services Director

1. SUBJECT
Authorize purchase of annual VMware support at both the Civic Center and Orange Police Department datacenters from Sidepath, Inc.

2. SUMMARY
Support for on-going maintenance of the VMware environments at both the Civic Center and Orange Police Department datacenters is due annually.

3. RECOMMENDED ACTION
Approve the purchase of VMware annual support for both the Civic Center and Orange Police Department datacenters from Sidepath, Inc. in the amount of $17,053.

4. FISCAL IMPACT
The total expenditure for this agreement is $17,053 and will be funded through Information Systems Operations (780).

5. STRATEGIC PLAN GOALS
Goal 4: Provide outstanding public service.
c: Enhance technology to improve public accessibility to information and services.

7. ATTACHMENTS
· Quote from Sidepath for VMware Renewal
City of Orange Page 1 of 1 Printed on 2/3/2022
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Quotation
22892 Mill Creek Drive Date: 12/27/21
Laguna Hills, CA 92653
Quotation #: SIDQ36901 Phone (949) 748-8700; Fax (949) 748-8706 www.sidepath.com Valid Until: 02/17/22
Prepared By: Sue Chasteen
Project ID: SIDPROJECT34093
Bill To: Ship To:

City of Orange City of Orange Attn: Steven Scardina Attn: Steven Scardina 300 E. Chapman Avenue Orange, CA 92866 300 E. Chapman Avenue Orange, CA 92866
Phone: (714) 744-2283 Phone: (714) 744-2283
Email: [email protected] Email: [email protected] Qty Part Number Description Unit Price Total
The Current Support Agreement for the VMware listed below expires on 2/20/2022. The Support Renewal will cover from 2/21/2022 to 2/20/2023. (1 Year) (Contract #: 343490890) 8 VS7-EPL-P-SSS-C Production Support Coverage VMware vSphere 7 Enterprise Plus for 1 $878.31 $7,026.48 processor (Instance #: 188227768)
The Current Support Agreement for the VMware listed below expires on 2/21/2022. The Support Renewal will cover from 2/22/2022 to 2/20/2023. (1 Year, Co-Term) (Contract #: 343493023) 2 VS6-EPL-P-SSS-C Production Support Coverage VMware vSphere 7 Enterprise Plus for 1 $878.31 $1,756.62 processor (Instance #: 188334196)
6 VS6-EPL-P-SSS-C Production Support Coverage VMware vSphere 7 Enterprise Plus for 1 $878.31 $5,269.86 processor (Instance #:188334200)
The Current Support Agreement for the VMware listed below expires on 2/27/2022. The Support Renewal will cover from 2/28/2022 to 2/20/2023. (1 Year, Co-Term) (Contract #: 31137639) 1 VCS6-STD-P-SSS-C Production Support Coverage VMware vCenter Server 7 Standard for vSphere $1,500.00 $1,500.00 7 (Per Instance) (Instance: 187805669)
The Current Support Agreement for the VMware listed below expires on 2/27/2022. The Support Renewal will cover from 2/28/2022 to 2/20/2023. (1 Year, Co-Term) (Contract #: 31137599) 1 VCS6-STD-P-SSS-C Production Support Coverage VMware vCenter Server 7 Standard for vSphere $1,500.00 $1,500.00 7 (Per Instance) (Instance: 187796501)
SubTotal $17,052.96
Grand Total $17,052.96
Terms and Conditions are identical to those currently in force. Payment Terms from Ship Date/Order Placement Date: Net 30 If you have any questions regarding this quotation, please contact: Patrick Mulvee (213) 458-7771
[email protected]
THANK YOU FOR YOUR BUSINESS!
Sidepath - VMware Renewal Page 1 of
153 1
Agenda Item
City Council
Item #: 3.20. 2/8/2022 File #: 22-0049
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Richard A. Rohm, City Treasurer
Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Monthly Treasurer’s Reports for October, November, and December 2021.

2. SUMMARY
Presentation of three monthly Treasurer’s Reports to the City Council, after the end of the quarter covered by the reports.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

6. DISCUSSION AND BACKGROUND
The City’s current Statement of Investment Policy has been adopted by the City Council of the City of Orange as Resolution 11340 and is in accordance with the California Government Code Sections 53600 et seq. Per the Investment Policy, three monthly investment reports are to be submitted to the City Council within 45 days following the end of the quarter.

As required by the City’s present Investment Policy, the City Treasurer’s report delineates all investments made by the City Treasurer for the City, its special funds, and the Successor Agency funds, by investment type and by broker.

The monthly Compliance Report certifying compliance of all investments with both the Government Code and the City’s Investment Policy is included.

The Investment Portfolio Statement accurately reflects all investments held by the City and its agents as of the end of the month. This investment data is also presented in other summary and graphic form. A reconciliation between total cash and investments and total cash per the General Ledger is also included.

All of the three monthly Treasurer’s Reports have been reviewed by the Investment Advisory City of Orange Page 1 of 3 Printed on 2/3/2022
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Item #: 3.20. 2/8/2022 File #: 22-0049
Committee (IAC).

Summary of changes in Treasurer’s cash and investments:

Operating Cash & Investments (1)
Balance @ 9/30/2021 $130,860,325
Monthly Activity:

Cash Received 66,912,481
Cash Disbursed (60,024,134)
Balance @ 12/30/2021 $137,748,672
(1)Includes operating cash and investments (valued at cost). Does not include deposits with administrator, imprest cash, fiscal agent cash and investments, and deferred compensation.

Significant Monthly Cash Transactions:

October November December
Cash Receipts:

Sales Tax Revenue $4,501,886 4,883,108 4,513,112
Property Taxes 75,240 5,385,158 13,833,275
Cash Disbursements:

OC Water District Purchased Water 1,629,352 1,412,416 1,311,775 RC Construction Fire HQ 954,421 967,277 972,956
PERS Employee Benefits 641,281 638,448 1,305,842
Southern Counties Oil Co. Agreement 1,114,608
South Coast Fire Equipment Fire Engine/Truck 905,065 1,689,951 Southern California Edison Electricity* 635,393 740,509 RJ Noble Pavement Maint. 484,548
Southwest Pump & Drill Well 28 658,119
Excess Cash Receipts 18,888,133
Excess Cash Disbursements 8,042,001 4,129,510
LAIF Balance Beginning 30,200,000 38,800,000 35,000,000 Ending 38,800,000 35,000,000 48,200,000
*Electricity costs represent catch-up of previous incorrect billings.

Credit rating on investments
The HSBC medium term note in the portfolio has been downgraded by Standard and Poor’s (S&P) from “A” to “A-“, which is one level below the minimum “A” rating permitted in the investment policy. It should be noted S&P is the only credit rating agency that issued the downgrade. The other two major national rating companies of Moody’s and Fitch have maintained the same bond credit rating.

If a security is downgraded one notch below the quality required in the investment policy, it is considered acceptable to retain such downgraded security in the portfolio. If a security is rated two grades below the required minimum rating, it will trigger an automatic sale of such downgraded City of Orange Page 2 of 3 Printed on 2/3/2022
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Item #: 3.20. 2/8/2022 File #: 22-0049
grades below the required minimum rating, it will trigger an automatic sale of such downgraded security. Staff will continue to monitor the downgraded HSBC investment.

Investment Advisory Committee (IAC)
The next IAC meeting is scheduled for February 23, 2022 while the next quarterly Committee meeting is to be scheduled for May 2022.

7. ATTACHMENTS
· Investment Report for October 2021
· Investment Report for November 2021
· Investment Report for December 2021
City of Orange Page 3 of 3 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 3.20. 2/8/2022 File #: 22-0049
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Richard A. Rohm, City Treasurer
Will Kolbow, Assistant City Manager/Administrative Services Director

1. SUBJECT
Monthly Treasurer’s Reports for October, November, and December 2021.

2. SUMMARY
Presentation of three monthly Treasurer’s Reports to the City Council, after the end of the quarter covered by the reports.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community
d: Effectively manage and develop City assets.

The monthly Compliance Report certifying compliance of all investments with both the Government Code and the City’s Investment Policy is included.

All of the three monthly Treasurer’s Reports have been reviewed by the Investment Advisory City of Orange Page 1 of 3 Printed on 2/3/2022
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Item #: 3.20. 2/8/2022 File #: 22-0049
Committee (IAC).

Summary of changes in Treasurer’s cash and investments:

Operating Cash & Investments (1)
Balance @ 9/30/2021 $130,860,325
Monthly Activity:

Significant Monthly Cash Transactions:

October November December
Cash Receipts:

Sales Tax Revenue $4,501,886 4,883,108 4,513,112
Property Taxes 75,240 5,385,158 13,833,275
Cash Disbursements:

If a security is downgraded one notch below the quality required in the investment policy, it is considered acceptable to retain such downgraded security in the portfolio. If a security is rated two grades below the required minimum rating, it will trigger an automatic sale of such downgraded City of Orange Page 2 of 3 Printed on 2/3/2022
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Item #: 3.20. 2/8/2022 File #: 22-0049
grades below the required minimum rating, it will trigger an automatic sale of such downgraded security. Staff will continue to monitor the downgraded HSBC investment.

Investment Advisory Committee (IAC)
The next IAC meeting is scheduled for February 23, 2022 while the next quarterly Committee meeting is to be scheduled for May 2022.

1. Investment Report for October 2021

160

MONTHLY SUMMARY COMPLIANCE CERTIFICATE
October 2021
Note: All concentration restrictions were obtained from Sections 53601 and 53635 of the Government Code or the City's Investment Policy as of June 8, 2021, whichever was the more stringent.

1. U.S. Agencies
(A) Total amount (book value) of U.S. Agency securities owned by the City = $60,081,045. (B) Total amount allowed (75% of portfolio book value) of all City investments = $94,808,505.

Is (A) less than (B) at time of purchase? Yes X No_________

2. Money Market Mutual Funds
(A) Total amount (book value) invested in money market mutual funds by the City = $7,345,782.

(B) Total amount allowed ($15 million or 20% of portfolio book value, whichever is less) of all City investments = $15,000,000
Is (A) less than (B)? Yes X No

3. Medium-Term Notes
(A) Total amount (book value) invested in medium-term notes by the City = $17,203,626. (B) Total amount allowed (20% of portfolio book value) of all City investments = $25,282,268.

Is (A) less than (B) at time of purchase? Yes X No

4. Excluded Investment Vehicles
(A) Are any securities excluded by the Statement of Investment Policy currently included in the City’s portfolio?
Yes No X

5. Investment Management Agreements
(A) Does the City have any investment manager or advisor agreements? Yes X No
(B) If so, was the agreement approved in advance by the City Council? Yes X No_____
(C) If so, has the City examined the methods and past performance of the investment manager? Yes X No_____
(D) If so, pursuant to the agreement, does the City retain authority to make investment decisions? Yes X No_____
(E) If so, pursuant to the agreement, are the investments deposited with the City’s custodian? Yes X No_____
161

6. Maturity Limits
(A) Does the City currently own any security with a maturity date in excess of five years? Yes____ No X
(B) Does the City currently hold no more than 50% of its portfolio in securities at time of purchase with maturities between 366 days and 730 days?
Yes__X__ No

(C) Does the City currently hold no more than 35% of its portfolio in securities at time of purchase with maturities between 731 days and 1095 days?
Yes__X__ No

(D) Does the City currently hold no more than 30% of its portfolio in securities at time of purchase with maturities between 1096 days and 1460 days?
Yes__X__ No
(E) Does the City currently hold no more than 30% of its portfolio in securities at time of purchase with maturities between 1461 days and 1825 days?
Yes__X__ No

7. Issuer Limits
Does each issuer of Money Market Mutual Funds continue to meet the following requirements? (i) Is each issuer registered with the Securities and Exchange Commission under the Investment Company Act of 1940?
Yes No_____ N/A X
(ii) Does the fund of each issuer carry the highest rating of at least two of the three largest national rating agencies?
Yes No_____ N/A X
(iii) Has each issuer retained an investment adviser registered with the Securities and Exchange Commission with not less than five years’ experience managing money market mutual funds with assets under management in excess of $500 million? Yes No_____ N/A X
162
Prepared By: Audited By:

____________________ ____________________
Robert Moya Rosario Guzman
Budget Manager Accountant
We hereby certify that for the month of September 2021, the investment actions of the City of Orange comply in all respects with the requirements of the California Government Code and the City's current Investment Policy. Additionally, we certify that there is sufficient cash flow to cover the next six months’ expenditures barring any catastrophic natural disasters. Market values are obtained through ICE Data Pricing and Reference Data, the State Treasurer’s Office, U.S. Trust and U.S. Bank.

Certified By: Verified By:

____________________ _____________________ DATED: January 3, 2022 Richard A. Rohm William M. Kolbow
City Treasurer Assistant City Manager
Administrative Services Director

163
City of Orange Investment Portfolio
October 31, 2021
(Sorted by TYPE)

BANK / BROKER PURCHASE DESCRIPTION MATURITY RATE YIELD PAR BOOK MARKET

DATE DATE VALUE VALUE VALUE
(I) LOCAL AGENCY INVESTMENT FUND (LAIF)
City - 0.206 0.206 23,900,000.00 23,900,000.00 23,900,000.00 OSA - 0.206 0.206 14,900,000.00 14,900,000.00 14,900,000.00 38,800,000.00 38,800,000.00 38,800,000.00
(II) FEDERAL HOME LOAN MORTGAGE CORPORATION
Stifel Nicolaus & Co Inc. 12/10/2020 FHLMC 3/29/2024 0.350 0.350 5,000,000.00 5,000,000.00 4,963,375.30 Stifel Nicolaus & Co Inc. 11/19/2020 FHLMC 9/25/2024 0.400 0.408 4,575,000.00 4,573,966.17 4,542,032.28 UBS Financial Services 12/17/2020 FHLMC 6/17/2025 0.500 0.500 2,500,000.00 2,500,000.00 2,469,838.00 Stifel Nicolaus & Co Inc. 10/28/2020 FHLMC 10/28/2025 0.600 0.600 9,000,000.00 9,000,000.00 8,826,969.60 21,075,000.00 21,073,966.17 20,802,215.18
(III) FEDERAL NATIONAL MORTGAGE ASSOCIATION
UBS Financial Services 12/29/2020 FNMA 12/29/2023 0.280 0.280 5,000,000.00 5,000,000.00 4,984,248.55 UBS Financial Services 11/20/2020 FNMA 5/17/2024 0.375 0.375 5,000,000.00 5,000,000.00 4,976,356.30 UBS Financial Services 12/14/2020 FNMA 6/14/2024 0.375 0.375 5,000,000.00 5,000,000.00 4,968,032.15 UBS Financial Services 11/20/2020 FNMA 2/18/2025 0.500 0.500 5,000,000.00 5,000,000.00 4,958,681.85 20,000,000.00 20,000,000.00 19,887,318.85
(IV) FEDERAL HOME LOAN BANK
Stifel Nicolaus & Co Inc. 3/29/2021 FHLB 3/28/2024 0.350 0.370 5,000,000.00 4,997,589.43 4,981,009.40 Stifel Nicolaus & Co Inc. 7/28/2021 FHLB 4/28/2025 0.650 0.650 4,000,000.00 4,000,000.00 3,972,447.12 Stifel Nicolaus & Co Inc. 5/4/2021 FHLB 4/29/2025 0.750 0.750 5,000,000.00 5,000,000.00 4,982,169.90 Stifel Nicolaus & Co Inc. 7/29/2021 FHLB 7/29/2026 0.900 0.859 5,000,000.00 5,009,488.89 4,942,355.30 19,000,000.00 19,007,078.32 18,877,981.72
(V) MEDIUM TERM NOTE
UBS Financial Services 9/20/2019 Coca Cola 9/6/2024 1.750 2.000 3,000,000.00 2,979,769.74 3,071,201.31 UBS Financial Services 12/10/2019 HSBC 6/23/2024 3.500 2.142 6,000,000.00 6,203,925.05 6,396,103.20 Stifel Nicolaus & Co Inc. 11/19/2020 Toyota 10/16/2025 0.800 0.696 5,000,000.00 5,020,161.29 4,902,419.55 Stifel Nicolaus & Co Inc. 2/8/2021 Apple 2/8/2026 0.700 0.702 3,000,000.00 2,999,769.45 2,937,680.19 17,000,000.00 17,203,625.53 17,307,404.25
(VI) U.S. TREASURY
Stifel Nicolaus & Co Inc. 9/30/2021 U.S. T-Note 9/30/2026 0.875 1.001 3,000,000.00 2,980,887.79 2,956,641.00 3,000,000.00 2,980,887.79 2,956,641.00
(VII) MONEY MARKET MUTUAL FUNDS (TREASURY)
Wells Fargo Bank U.S. T-Note - 0.010 0.010 7,345,781.74 7,345,781.74 7,345,781.74 7,345,781.74 7,345,781.74 7,345,781.74
Portfolio total 10-31-2021 126,220,781.74 126,411,339.55 125,977,342.74 Portfolio total 9-30-2021 132,699,123.98 132,895,659.13 132,943,609.38 Port.4 164
Investment Transactions
October 2021

SETTLEMENT DATE DESCRIPTION RATE YIELD CALLABLE PAR PRICE Various dates Sweep Account 0.010% 0.010% N/A $ 11,861,502.92 $11,861,502.92 10/15/2021 L.A.I.F. 0.203% 0.203% N/A $ 19,891.36 $19,891.36

PURCHASES / DEPOSITS
165
Investment Transactions
October 2021

SETTLEMENT DATE DESCRIPTION RATE YIELD CALLABLE PAR PRICE Various dates Sweep Account 0.010% 0.010% N/A $9,739,873.78 $9,739,873.78 Various dates L.A.I.F. 0.203% 0.203% N/A $19,891.36 $19,891.36

MATURITIES / WITHDRAWALS / CALLS
166
City of Orange Investment Portfolio
October 31, 2021
Portfolio Performance Measures
Portfolio Indexes
Rate of Return:

Portfolio Effective Rate of Return - for October 0.52% 0.05% 3 month Treasury -- October Average Portfolio Effective Rate of Return - for Fiscal Year-to-date 0.50% 0.06% 6 month Treasury -- October Average Portfolio Yield to Maturity at 10/31/2021 0.52% 0.10% 1 year Treasury -- October Average Total Rate of Return:

Total Rate of Return - for October (not annualized) -6.83% -1.02% 1-3 Year Treasury Index--Total Rate of Return for October (not annualized) Total Rate of Return - for 2021 Y-T-D - (not annualized) -7.11% -1.04% 1-3 Year Treasury Index--Total Rate of Return for 2021 Y-T-D (not annualized) Other:

Portfolio Weighted-Average Time to Maturity 2.08 Years
Market Value as percent of Portfolio, 10/31/2021 99.70% Market Value as percent of Portfolio, 9/30/2021 100.04% Federal Agency Securities as percent of Portfolio, 9/30/2021 47.53% Portfolio Effective Rate of Return: interest earnings (not receipts) for period divided by average daily balance for period, annualized (multiplied by quotient of 365 divided by days in period).

Portfolio Yield to Maturity: weighted-average yield to maturity (or call date, if applicable) for entire portfolio; in the case of coupon investments, includes an adjustment to the face rate for any premium paid or discount received.

Source of Market Value: ICE Data Pricing and Reference Data provides market value on all instruments.

Total Rate of Return: growth or decline in the value of the portfolio, including both changes in the market value and income, as a proportion of the starting value, adjusted on a time-weighted basis (per Modified Dietz Method) for cash flows into or out of the portfolio during the period.

The Modified Dietz Method assumes a constant rate of return on the portfolio during the period and is not based on daily valuations. 167
City of Orange Investment Portfolio
October 31, 2021
Total Portfolio $126,411,340
Chart Dollar Values in Millions of Dollars
Local Agency Investment
Fund
$38.8 30.69%
Yield 0.206%
Federal National Mortgage
Association
$20.0 15.82%
Yield 0.382%
Apple Medium Term
Note
$3.0 2.37%
Yield 0.702%
Coca Cola
Medium Term Note
$3.0 2.36%
Yield 2.000%
Toyota
Medium Term Note
$5.0 3.97%
Yield 0.696%
Money Market Mutual
Funds
$7.3 5.81%
Yield 0.010%
U.S. Treasury
$3.0 2.36%
Yield 1.001%
Federal Home Loan Mortgage
Corp
$21.1 16.67%
Yield 0.487%
Federal Home Loan Bank
$19.0 15.04%
Yield 0.658%
HSBC
Medium Term Note
$6.2 4.91%
Yield 2.143%
168
City of Orange Investment Portfolio
October 31, 2021
Maturity Aging Schedule
Maturing in Book Value
0-1 years 46,145,782 37%
1-2 years 0 0%
2-3 years 0 0%
3-4 years 77,284,670 61%
4-5 years 2,980,888 2%
$126,411,340 100%
Weighted-average years to maturity for portfolio = 2.08 $0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
$70,000,000
$80,000,000
$90,000,000
$100,000,000
0-1 years 1-2 years 2-3 years 3-4 years 4-5 years
169
City of Orange
Reconciliation of Total Cash and
Investments to General Ledger
As of October 31, 2021
Treasurer's Operating Cash and Investments
Checking, Payroll & PMA - Wells Fargo 191,595
Treasurer's Investments 126,411,340
Cash in transit (3,742,765) 122,860,170
Imprest Cash 12,200
Fiscal Agent Cash and Investments 32,923,305
Total Cash & Investments 155,795,675
Total Cash and Investments per General Ledger 1 153,119,314 Plus Outstanding Checks 2,676,360
Total Cash & Investments 155,795,675
1 Includes adjustment for month-end timing differences. GL Cash.4 Attachment V
170
City of Orange
Fiscal Agent Investments
As of October 31, 2021
Carrying
Value
Market or
Contract
Value
Fiscal Agent Cash and Investments
Community Facilities District 91-2 2013 Special Tax Refunding Bonds - U.S. Bank 1,569,892 1,569,892 First American Government Obligation Fund (0.02%)
Lease Revenue Bonds Series 2020 A 29,676,593 29,676,593 First American Government Obligation Fund (0.02%)
Successor Agency 2008A Merged & Amended Tax Allocation Bonds - U.S. Bank 2,493 2,493 First American Government Obligation Fund (0.02%)
Successor Agency 2008B Merged & Amended Tax Allocation Bonds - U.S. Bank 3 3 First American Government Obligation Fund (0.02%)
Community Facilities District 06-1 2015 Special Tax Refunding Bonds - U.S. Bank 1,662,928 1,662,928 First American Government Obligation Fund (0.02%)
US Treasury Bond (4.375%)
Successor Agency 2014A Merged & Amended Tax Allocation Refunding Bonds - U.S. Bank 10 10 First American Government Obligation Fund (0.02%)
Successor Agency Refunding Bonds 2018A - U.S. Bank 1 1
First American Government Obligation Fund (0.02%)
Pension Obligation Bonds 11,385 11,385
First American Government Obligation Fund (0.02%)
Total Fiscal Agent Cash and Investments 32,923,305 32,923,305 171

2. Investment Report for November 2021

172

MONTHLY SUMMARY COMPLIANCE CERTIFICATE
November 2021
Note: All concentration restrictions were obtained from Sections 53601 and 53635 of the Government Code or the City's Investment Policy as of June 8, 2021, whichever was the more stringent.

1. U.S. Agencies
(A) Total amount (book value) of U.S. Agency securities owned by the City = $60,080,991. (B) Total amount allowed (75% of portfolio book value) of all City investments = $89,707,913.

Is (A) less than (B) at time of purchase? Yes X No_________

2. Money Market Mutual Funds
(A) Total amount (book value) invested in money market mutual funds by the City = $4,350,982.

(B) Total amount allowed ($15 million or 20% of portfolio book value, whichever is less) of all City investments = $15,000,000
Is (A) less than (B)? Yes X No

3. Medium-Term Notes
(A) Total amount (book value) invested in medium-term notes by the City = $17,197,371. (B) Total amount allowed (20% of portfolio book value) of all City investments = $23,922,110.

Is (A) less than (B) at time of purchase? Yes X No

4. Excluded Investment Vehicles
(A) Are any securities excluded by the Statement of Investment Policy currently included in the City’s portfolio?
Yes No X

(C) Does the City currently hold no more than 35% of its portfolio in securities at time of purchase with maturities between 731 days and 1095 days?
Yes__X__ No

Certified By: Verified By:

____________________ _____________________ DATED: January 3, 2022 Richard A. Rohm William M. Kolbow
City Treasurer Assistant City Manager
Administrative Services Director

175
City of Orange Investment Portfolio
November 30, 2021
(Sorted by TYPE)

BANK / BROKER PURCHASE DESCRIPTION MATURITY RATE YIELD PAR BOOK MARKET

DATE DATE VALUE VALUE VALUE
(I) LOCAL AGENCY INVESTMENT FUND (LAIF)
City - 0.206 0.206 20,100,000.00 20,100,000.00 20,100,000.00 OSA - 0.206 0.206 14,900,000.00 14,900,000.00 14,900,000.00 35,000,000.00 35,000,000.00 35,000,000.00
(II) FEDERAL HOME LOAN MORTGAGE CORPORATION
Stifel Nicolaus & Co Inc. 12/10/2020 FHLMC 3/29/2024 0.350 0.350 5,000,000.00 5,000,000.00 4,960,027.35 Stifel Nicolaus & Co Inc. 11/19/2020 FHLMC 9/25/2024 0.400 0.408 4,575,000.00 4,573,995.88 4,517,522.99 UBS Financial Services 12/17/2020 FHLMC 6/17/2025 0.500 0.500 2,500,000.00 2,500,000.00 2,466,039.67 Stifel Nicolaus & Co Inc. 10/28/2020 FHLMC 10/28/2025 0.600 0.600 9,000,000.00 9,000,000.00 8,826,489.54 21,075,000.00 21,073,995.88 20,770,079.55
(III) FEDERAL NATIONAL MORTGAGE ASSOCIATION
UBS Financial Services 12/29/2020 FNMA 12/29/2023 0.280 0.280 5,000,000.00 5,000,000.00 4,981,535.30 UBS Financial Services 11/20/2020 FNMA 5/17/2024 0.375 0.375 5,000,000.00 5,000,000.00 4,971,022.95 UBS Financial Services 12/14/2020 FNMA 6/14/2024 0.375 0.375 5,000,000.00 5,000,000.00 4,955,416.25 UBS Financial Services 11/20/2020 FNMA 2/18/2025 0.500 0.500 5,000,000.00 5,000,000.00 4,950,508.80 20,000,000.00 20,000,000.00 19,858,483.30
(IV) FEDERAL HOME LOAN BANK
Stifel Nicolaus & Co Inc. 3/29/2021 FHLB 3/28/2024 0.350 0.370 5,000,000.00 4,997,672.85 4,977,377.65 Stifel Nicolaus & Co Inc. 7/28/2021 FHLB 4/28/2025 0.650 0.650 4,000,000.00 4,000,000.00 3,946,164.24 Stifel Nicolaus & Co Inc. 5/4/2021 FHLB 4/29/2025 0.750 0.750 5,000,000.00 5,000,000.00 4,941,016.50 Stifel Nicolaus & Co Inc. 7/29/2021 FHLB 7/29/2026 0.900 0.859 5,000,000.00 5,009,322.22 4,935,535.85 19,000,000.00 19,006,995.07 18,800,094.24
(V) MEDIUM TERM NOTE
UBS Financial Services 9/20/2019 Coca Cola 9/6/2024 1.750 2.000 3,000,000.00 2,980,361.84 3,059,152.47 UBS Financial Services 12/10/2019 HSBC 6/23/2024 3.500 2.142 6,000,000.00 6,197,498.84 6,356,515.44 Stifel Nicolaus & Co Inc. 11/19/2020 Toyota 10/16/2025 0.800 0.696 5,000,000.00 5,019,736.84 4,886,361.35 Stifel Nicolaus & Co Inc. 2/8/2021 Apple 2/8/2026 0.700 0.702 3,000,000.00 2,999,773.95 2,929,739.28 17,000,000.00 17,197,371.47 17,231,768.54
(VI) U.S. TREASURY
Stifel Nicolaus & Co Inc. 9/30/2021 U.S. T-Note 9/30/2026 0.875 1.001 3,000,000.00 2,981,207.39 2,962,734.00 3,000,000.00 2,981,207.39 2,962,734.00
(VII) MONEY MARKET MUTUAL FUNDS (TREASURY)
Wells Fargo Bank U.S. T-Note - 0.010 0.010 4,350,981.50 4,350,981.50 4,350,981.50 4,350,981.50 4,350,981.50 4,350,981.50
Portfolio total 11-30-2021 119,425,981.50 119,610,551.31 118,974,141.13 Portfolio total 10-31-2021 126,220,781.74 126,411,339.55 125,977,342.74 Port.5 176
Investment Transactions
November 2021

SETTLEMENT DATE DESCRIPTION RATE YIELD CALLABLE PAR PRICE Various dates Sweep Account 0.010% 0.010% N/A $ 12,846,121.07 $12,846,121.07 Various dates L.A.I.F. 0.203% 0.203% N/A $ 2,200,000.00 $2,200,000.00

PURCHASES / DEPOSITS
177
Investment Transactions
November 2021

SETTLEMENT DATE DESCRIPTION RATE YIELD CALLABLE PAR PRICE Various dates Sweep Account 0.010% 0.010% N/A $15,840,950.79 $15,840,950.79 Various dates L.A.I.F. 0.203% 0.203% N/A $6,000,000.00 $6,000,000.00

MATURITIES / WITHDRAWALS / CALLS
178
City of Orange Investment Portfolio
November 30, 2021
Portfolio Performance Measures
Portfolio Indexes
Rate of Return:

Portfolio Effective Rate of Return - for November 0.54% 0.04% 3 month Treasury -- November Average Portfolio Effective Rate of Return - for Fiscal Year-to-date 0.51% 0.07% 6 month Treasury -- November Average Portfolio Yield to Maturity at 11/30/2021 0.55% 0.16% 1 year Treasury -- November Average Total Rate of Return:

Total Rate of Return - for November (not annualized) -2.12% -0.02% 1-3 Year Treasury Index--Total Rate of Return for November (not annualized) Total Rate of Return - for 2021 Y-T-D - (not annualized) -8.45% -1.16% 1-3 Year Treasury Index--Total Rate of Return for 2021 Y-T-D (not annualized) Other:

Portfolio Weighted-Average Time to Maturity 2.14 Years
Market Value as percent of Portfolio, 11/30/2021 99.47% Market Value as percent of Portfolio, 10/31/2021 99.70% Federal Agency Securities as percent of Portfolio, 9/30/2021 50.23% Portfolio Effective Rate of Return: interest earnings (not receipts) for period divided by average daily balance for period, annualized (multiplied by quotient of 365 divided by days in period).

Source of Market Value: ICE Data Pricing and Reference Data provides market value on all instruments.

The Modified Dietz Method assumes a constant rate of return on the portfolio during the period and is not based on daily valuations. 179
City of Orange Investment Portfolio
November 30, 2021
Total Portfolio $119,610,551
Chart Dollar Values in Millions of Dollars
Local Agency Investment
Fund
$35.0 29.26%
Yield 0.206%
Federal National Mortgage
Association
$20.0 16.72%
Yield 0.382%
Apple Medium Term
Note
$3.0 2.51%
Yield 0.702%
Coca Cola
Medium Term Note
$3.0 2.49%
Yield 2.000%
Toyota
Medium Term Note
$5.0 4.20%
Yield 0.696%
Money Market Mutual
Funds
$7.3 3.64%
Yield 0.010%
U.S. Treasury
$3.0 2.49%
Yield 1.001%
Federal Home Loan Mortgage
Corp
$21.1 17.62%
Yield 0.487%
Federal Home Loan Bank
$19.0 15.89%
Yield 0.658%
HSBC
Medium Term Note
$6.2 5.18%
Yield 2.143%
180
City of Orange Investment Portfolio
November 30, 2021
Maturity Aging Schedule
Maturing in Book Value
0-1 years 39,350,982 33%
1-2 years 0 0%
2-3 years 0 0%
3-4 years 60,080,991 50%
4-5 years 20,178,579 17%
$119,610,551 100%
Weighted-average years to maturity for portfolio = 2.14 $0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
$70,000,000
$80,000,000
$90,000,000
$100,000,000
0-1 years 1-2 years 2-3 years 3-4 years 4-5 years
181
City of Orange
Reconciliation of Total Cash and
Investments to General Ledger
As of November 30, 2021
Treasurer's Operating Cash and Investments
Checking, Payroll & PMA - Wells Fargo 457,808
Treasurer's Investments 119,610,551
Cash in transit (1,333,900) 118,734,459
Imprest Cash 12,200
Fiscal Agent Cash and Investments 36,539,634
Total Cash & Investments 155,286,293
Total Cash and Investments per General Ledger 1 154,747,544 Plus Outstanding Checks 538,749
Total Cash & Investments 155,286,293
1 Includes adjustment for month-end timing differences. GL Cash.5 Attachment V
182
City of Orange
Fiscal Agent Investments
As of November 30, 2021
Carrying
Value
Market or
Contract
Value
Fiscal Agent Cash and Investments
Community Facilities District 91-2 2013 Special Tax Refunding Bonds - U.S. Bank 1,569,918 1,569,918 First American Government Obligation Fund (0.02%)
Lease Revenue Bonds Series 2020 A 28,558,483 28,558,483 First American Government Obligation Fund (0.02%)
Successor Agency 2008A Merged & Amended Tax Allocation Bonds - U.S. Bank 2,493 2,493 First American Government Obligation Fund (0.02%)
Successor Agency 2008B Merged & Amended Tax Allocation Bonds - U.S. Bank 3 3 First American Government Obligation Fund (0.02%)
Community Facilities District 06-1 2015 Special Tax Refunding Bonds - U.S. Bank 1,662,930 1,662,930 First American Government Obligation Fund (0.02%)
US Treasury Bond (4.375%)
Successor Agency 2014A Merged & Amended Tax Allocation Refunding Bonds - U.S. Bank 10 10 First American Government Obligation Fund (0.02%)
Successor Agency Refunding Bonds 2018A - U.S. Bank 1 1
First American Government Obligation Fund (0.02%)
Pension Obligation Bonds 4,745,796 4,745,796
First American Government Obligation Fund (0.02%)
Total Fiscal Agent Cash and Investments 36,539,634 36,539,634 183

3. Investment Report for December 2021
184

MONTHLY SUMMARY COMPLIANCE CERTIFICATE
December 2021
Note: All concentration restrictions were obtained from Sections 53601 and 53635 of the Government Code or the City's Investment Policy as of June 8, 2021, whichever was the more stringent.

1. U.S. Agencies
(A) Total amount (book value) of U.S. Agency securities owned by the City = $60,080,937. (B) Total amount allowed (75% of portfolio book value) of all City investments = $103,133,456.

Is (A) less than (B) at time of purchase? Yes X No_________

2. Money Market Mutual Funds
(A) Total amount (book value) invested in money market mutual funds by the City = $9,057,682.

(B) Total amount allowed ($15 million or 20% of portfolio book value, whichever is less) of all City investments = $15,000,000
Is (A) less than (B)? Yes X No

3. Medium-Term Notes
(A) Total amount (book value) invested in medium-term notes by the City = $17,191,117. (B) Total amount allowed (20% of portfolio book value) of all City investments = $27,502,255.

Is (A) less than (B) at time of purchase? Yes X No

4. Excluded Investment Vehicles
(A) Are any securities excluded by the Statement of Investment Policy currently included in the City’s portfolio?
Yes No X

(C) Does the City currently hold no more than 35% of its portfolio in securities at time of purchase with maturities between 731 days and 1095 days?
Yes__X__ No

Certified By: Verified By:

____________________ _____________________ DATED: January 3, 2022 Richard A. Rohm William M. Kolbow
City Treasurer Assistant City Manager
Administrative Services Director

187
City of Orange Investment Portfolio
December 31, 2021
(Sorted by TYPE)

BANK / BROKER PURCHASE DESCRIPTION MATURITY RATE YIELD PAR BOOK MARKET

DATE DATE VALUE VALUE VALUE
(I) LOCAL AGENCY INVESTMENT FUND (LAIF)
City - 0.206 0.206 33,300,000.00 33,300,000.00 33,300,000.00 OSA - 0.206 0.206 14,900,000.00 14,900,000.00 14,900,000.00 48,200,000.00 48,200,000.00 48,200,000.00
(II) FEDERAL HOME LOAN MORTGAGE CORPORATION
Stifel Nicolaus & Co Inc. 12/10/2020 FHLMC 3/29/2024 0.350 0.350 5,000,000.00 5,000,000.00 4,945,962.70 Stifel Nicolaus & Co Inc. 11/19/2020 FHLMC 9/25/2024 0.400 0.408 4,575,000.00 4,574,025.58 4,507,060.20 UBS Financial Services 12/17/2020 FHLMC 6/17/2025 0.500 0.500 2,500,000.00 2,500,000.00 2,461,206.13 Stifel Nicolaus & Co Inc. 10/28/2020 FHLMC 10/28/2025 0.600 0.600 9,000,000.00 9,000,000.00 8,810,477.55 21,075,000.00 21,074,025.58 20,724,706.58
(III) FEDERAL NATIONAL MORTGAGE ASSOCIATION
UBS Financial Services 12/29/2020 FNMA 12/29/2023 0.280 0.280 5,000,000.00 5,000,000.00 4,948,876.50 UBS Financial Services 11/20/2020 FNMA 5/17/2024 0.375 0.375 5,000,000.00 5,000,000.00 4,959,251.60 UBS Financial Services 12/14/2020 FNMA 6/14/2024 0.375 0.375 5,000,000.00 5,000,000.00 4,937,948.10 UBS Financial Services 11/20/2020 FNMA 2/18/2025 0.500 0.500 5,000,000.00 5,000,000.00 4,939,414.35 20,000,000.00 20,000,000.00 19,785,490.55
(IV) FEDERAL HOME LOAN BANK
Stifel Nicolaus & Co Inc. 3/29/2021 FHLB 3/28/2024 0.350 0.370 5,000,000.00 4,997,756.26 4,967,027.80 Stifel Nicolaus & Co Inc. 7/28/2021 FHLB 4/28/2025 0.650 0.650 4,000,000.00 4,000,000.00 3,937,990.52 Stifel Nicolaus & Co Inc. 5/4/2021 FHLB 4/29/2025 0.750 0.750 5,000,000.00 5,000,000.00 4,930,945.45 Stifel Nicolaus & Co Inc. 7/29/2021 FHLB 7/29/2026 0.900 0.859 5,000,000.00 5,009,155.56 4,930,137.85 19,000,000.00 19,006,911.82 18,766,101.62
(V) MEDIUM TERM NOTE
UBS Financial Services 9/20/2019 Coca Cola 9/6/2024 1.750 2.000 3,000,000.00 2,980,953.95 3,057,547.14 UBS Financial Services 12/10/2019 HSBC 6/23/2024 3.500 2.142 6,000,000.00 6,191,072.63 6,329,663.76 Stifel Nicolaus & Co Inc. 11/19/2020 Toyota 10/16/2025 0.800 0.696 5,000,000.00 5,019,312.39 4,884,009.15 Stifel Nicolaus & Co Inc. 2/8/2021 Apple 2/8/2026 0.700 0.702 3,000,000.00 2,999,778.45 2,940,295.17 17,000,000.00 17,191,117.42 17,211,515.22
(VI) U.S. TREASURY
Stifel Nicolaus & Co Inc. 9/30/2021 U.S. T-Note 9/30/2026 0.875 1.001 3,000,000.00 2,981,537.65 2,948,319.00 3,000,000.00 2,981,537.65 2,948,319.00
(VII) MONEY MARKET MUTUAL FUNDS (TREASURY)
Wells Fargo Bank U.S. T-Note - 0.010 0.010 9,057,681.56 9,057,681.56 9,057,681.56 9,057,681.56 9,057,681.56 9,057,681.56
Portfolio total 12-31-2021 137,332,681.56 137,511,274.03 136,693,814.53 Portfolio total 11-30-2021 119,425,981.50 119,610,551.31 118,974,141.13 Port.6 188
Investment Transactions
December 2021

SETTLEMENT DATE DESCRIPTION RATE YIELD CALLABLE PAR PRICE Various dates Sweep Account 0.010% 0.010% N/A $ 20,257,046.79 $20,257,046.79 Various dates L.A.I.F. 0.203% 0.203% N/A $ 15,200,000.00 $15,200,000.00

PURCHASES / DEPOSITS
189
Investment Transactions
December 2021

SETTLEMENT DATE DESCRIPTION RATE YIELD CALLABLE PAR PRICE Various dates Sweep Account 0.010% 0.010% N/A $15,550,378.33 $15,550,378.33 Various dates L.A.I.F. 0.203% 0.203% N/A $2,000,000.00 $2,000,000.00

MATURITIES / WITHDRAWALS / CALLS
190
City of Orange Investment Portfolio
December 31, 2021
Portfolio Performance Measures
Portfolio Indexes
Rate of Return:

Portfolio Effective Rate of Return - for December 0.53% 0.04% 3 month Treasury -- December Average Portfolio Effective Rate of Return - for Fiscal Year-to-date 0.51% 0.14% 6 month Treasury -- December Average Portfolio Yield to Maturity at 12/31/2021 0.50% 0.28% 1 year Treasury -- December Average Total Rate of Return:

Total Rate of Return - for December (not annualized) 9.17% -0.59% 1-3 Year Treasury Index--Total Rate of Return for December (not annualized) Total Rate of Return - for 2021 Y-T-D - (not annualized) 3.53% -1.75% 1-3 Year Treasury Index--Total Rate of Return for 2021 Y-T-D (not annualized) Other:

Portfolio Weighted-Average Time to Maturity 1.81 Years
Market Value as percent of Portfolio, 12/31/2021 99.40% Market Value as percent of Portfolio, 11/30/2021 99.47% Federal Agency Securities as percent of Portfolio, 12/31/2021 43.69% Portfolio Effective Rate of Return: interest earnings (not receipts) for period divided by average daily balance for period, annualized (multiplied by quotient of 365 divided by days in period).

Source of Market Value: ICE Data Pricing and Reference Data provides market value on all instruments.

The Modified Dietz Method assumes a constant rate of return on the portfolio during the period and is not based on daily valuations. 191
City of Orange Investment Portfolio
December 31, 2021
Total Portfolio $137,511,274
Chart Dollar Values in Millions of Dollars
Local Agency Investment
Fund
$48.2 35.05%
Yield 0.206%
Federal National Mortgage
Association
$20.0 14.54%
Yield 0.382%
Apple Medium Term
Note
$3.0 2.18%
Yield 0.702%
Coca Cola
Medium Term Note
$3.0 2.17%
Yield 2.000%
Toyota
Medium Term Note
$5.0 3.65%
Yield 0.696%
Money Market Mutual
Funds
$7.3 6.59%
Yield 0.010%
U.S. Treasury
$3.0 2.17%
Yield 1.001%
Federal Home Loan Mortgage
Corp
$21.1 15.33%
Yield 0.487%
Federal Home Loan Bank
$19.0 13.82%
Yield 0.658%
HSBC
Medium Term Note
$6.2 4.50%
Yield 2.143%
192
City of Orange Investment Portfolio
December 31, 2021
Maturity Aging Schedule
Maturing in Book Value
0-1 years 57,257,682 42%
1-2 years 0 0%
2-3 years 0 0%
3-4 years 77,272,055 56%
4-5 years 2,981,538 2%
$137,511,274 100%
Weighted-average years to maturity for portfolio = 1.81 $0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
$70,000,000
$80,000,000
$90,000,000
$100,000,000
0-1 years 1-2 years 2-3 years 3-4 years 4-5 years
193
City of Orange
Reconciliation of Total Cash and
Investments to General Ledger
As of December 31, 2021
Treasurer's Operating Cash and Investments
Checking, Payroll & PMA - Wells Fargo 155,261
US Bank - Interest on Investments 118,250
Treasurer's Investments 137,511,274
Cash in transit (36,113) 137,748,672
Imprest Cash 12,200
Fiscal Agent Cash and Investments 25,072,094
Total Cash & Investments 162,832,966
Total Cash and Investments per General Ledger 1 161,950,488 Plus Outstanding Checks 882,478
Total Cash & Investments 162,832,966
1 Includes adjustment for month-end timing differences. GL Cash.6 Attachment V
194
City of Orange
Fiscal Agent Investments
As of December 31, 2021
Carrying
Value
Market or
Contract
Value
Fiscal Agent Cash and Investments
Community Facilities District 91-2 2021 Special Tax Refunding Bonds - U.S. Bank 267,998 267,998 US Treasury Note (1.875%)
Lease Revenue Bonds Series 2020 A 23,127,257 23,127,257 First American Government Obligation Fund (0.02%)
Successor Agency 2008A Merged & Amended Tax Allocation Bonds - U.S. Bank 2,493 2,493 First American Government Obligation Fund (0.02%)
Successor Agency 2008B Merged & Amended Tax Allocation Bonds - U.S. Bank 3 3 First American Government Obligation Fund (0.02%)
Community Facilities District 06-1 2015 Special Tax Refunding Bonds - U.S. Bank 1,662,934 1,662,934 First American Government Obligation Fund (0.02%)
US Treasury Bond (4.375%)
Successor Agency 2014A Merged & Amended Tax Allocation Refunding Bonds - U.S. Bank 10 10 First American Government Obligation Fund (0.02%)
Successor Agency Refunding Bonds 2018A - U.S. Bank 1 1
First American Government Obligation Fund (0.02%)
Pension Obligation Bonds 11,398 11,398
First American Government Obligation Fund (0.02%)
Total Fiscal Agent Cash and Investments 25,072,094 25,072,094 195
Agenda Item
City Council
Item #: 3.21. 2/8/2022 File #: 22-0061
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
City Traffic Commission Activity Report for 2021

2. SUMMARY
This report provides a listing of all matters reviewed and acted upon by the City Traffic Commission in the previous calendar year.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public.

6. DISCUSSION AND BACKGROUND
A detailed, site-specific list of all the actions taken by the City Traffic Commission is contained in the attached Activity Recap for 2021. There were a total of sixteen requests reviewed by the City Traffic Commission; fifteen of the requests were approved and one was denied.

7. ATTACHMENTS
· Activity Recap
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Agenda Item
City Council
Item #: 3.21. 2/8/2022 File #: 22-0061
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
City Traffic Commission Activity Report for 2021

2. SUMMARY
This report provides a listing of all matters reviewed and acted upon by the City Traffic Commission in the previous calendar year.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide and maintain infrastructure necessary to ensure the safety of the public.

7. ATTACHMENTS
· Activity Recap
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198
Agenda Item
City Council
Item #: 3.22. 2/8/2022 File #: 21-0686
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Request to the Orange County Transportation Authority for a 24-month delay for Tustin Avenue/Rose Drive Corridor Regional Traffic Signal Synchronization Program Project. Resolution No. 11371.

2. SUMMARY
COVID-19 and existing supply chain shortages are causing significant and unavoidable project delays that can potentially jeopardize grant funding. To address such hardships and uncertainty, delays of up to 24 months can be requested for projects funded by the Orange County Transportation Authority (OCTA.) In order for the City of Orange to request a delay from OCTA, the City Council must concur and authorize staff to do so.

3. RECOMMENDED ACTION
Adopt Resolution No. 11371. A Resolution of the City Council of the City of Orange approving a request to pursue a project delay from the Orange County Transportation Authority for the Tustin Avenue/Rose Drive Corridor - Project P Regional Traffic Signal Synchronization Program.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

6. DISCUSSION AND BACKGROUND
The Orange County Transportation Authority (OCTA) sponsors projects that develop and maintain corridor-based, multi-jurisdictional signal synchronization along corridors through Orange County.

These Regional Traffic Signal Synchronization Program (RTSSP) projects, collectively known as Project P, are funded under the Renewed Measure M (M2).

In 2019, the City of Orange nominated the Tustin/Rose Corridor RTSSP Project (hereafter referred to as “the Project”) to OCTA for Measure M2 funding. The Tustin/Rose Corridor stretches over 11 miles across the cities of Anaheim, Orange, Placentia, Santa Ana, Tustin, and Yorba Linda, and includes 54 City of Orange Page 1 of 2 Printed on 2/3/2022
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across the cities of Anaheim, Orange, Placentia, Santa Ana, Tustin, and Yorba Linda, and includes 54 signals. The Project proposes traffic signal and communication equipment upgrades and the development and maintenance of optimized signal synchronization plans to best accommodate prevailing traffic patterns. Because the performance of this corridor is critical for mobility in Orange, City staff is leading the corridor-wide effort to manage and implement the Project. OCTA’s Board of Directors awarded $2.8M Measure M2 funding to Project for Fiscal Year 2021.

RTSSP projects such as this are divided into two sequential phases: (1) Primary Implementation (PI), and (2) Ongoing Operation and Maintenance (O&M). PI involves design, equipment procurement, systems integration, construction, signal re-timing, and before-and-after studies. O&M involves monitoring, adjusting, and fine-tuning the signal timing for a period of two years post-PI.

The PI Phase of the Project has been well underway since the summer of 2021 when the City awarded a consultant contract. Project activities in-progress include, but are not limited to: project management and administration, inter-agency coordination, data collection and traffic studies, development of signal synchronization plans and charts, design of traffic signal improvements, and preparation of comprehensive project reports. Additionally, a Cooperative Agreement has been executed between Orange and each of the participating cities. However, the combination of COVID19 and supply chain shortages has extended the schedule for completing PI and starting O&M.

Currently, the O&M phase is scheduled to begin on June 30, 2022. A 24-month project delay would push that date to June 30, 2024 or completion of PI, whichever occurs first. Staff will continue moving ahead with the goal of delivering the Project as soon as possible. Staff recommends the City Council concur with the request for a delay, and authorize staff to submit the City’s request to OCTA.

7. ATTACHMENTS
· Resolution No. 11371
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Agenda Item
City Council
Item #: 3.22. 2/8/2022 File #: 21-0686
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.

Goal 3: Enhance and promote quality of life in the community e: Develop and strengthen collaborative partnerships to enhance and promote quality of life programs, projects, and services.

These Regional Traffic Signal Synchronization Program (RTSSP) projects, collectively known as Project P, are funded under the Renewed Measure M (M2).

In 2019, the City of Orange nominated the Tustin/Rose Corridor RTSSP Project (hereafter referred to as “the Project”) to OCTA for Measure M2 funding. The Tustin/Rose Corridor stretches over 11 miles across the cities of Anaheim, Orange, Placentia, Santa Ana, Tustin, and Yorba Linda, and includes 54 City of Orange Page 1 of 2 Printed on 2/3/2022
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across the cities of Anaheim, Orange, Placentia, Santa Ana, Tustin, and Yorba Linda, and includes 54 signals. The Project proposes traffic signal and communication equipment upgrades and the development and maintenance of optimized signal synchronization plans to best accommodate prevailing traffic patterns. Because the performance of this corridor is critical for mobility in Orange, City staff is leading the corridor-wide effort to manage and implement the Project. OCTA’s Board of Directors awarded $2.8M Measure M2 funding to Project for Fiscal Year 2021.

7. ATTACHMENTS
· Resolution No. 11371
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RESOLUTION NO. 11371

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ORANGE APPROVING A REQUEST TO

PURSUE A PROJECT DELAY FROM THE ORANGE

COUNTY TRANSPORTATION AUTHORITY FOR
THE TUSTIN AVENUE/ROSE DRIVE CORRIDOR –

PROJECT P REGIONAL TRAFFIC SIGNAL
SYNCHRONIZATION PROGRAM.

WHEREAS, the Orange County Transportation Authority (OCTA) sponsors projects that develop and maintain corridor-based, multi-jurisdictional signal synchronization along corridors throughout Orange County; and
WHEREAS, OCTA, through its Comprehensive Transportation Funding Program (CTFP), awarded a Project P Regional Traffic Signal Synchronization Program (RTSSP) grant to the City for the Tustin Avenue/Rose Drive Corridor; and WHEREAS, the Tustin Avenue/Rose Drive Traffic Signal Synchronization Project was selected by OCTA as one of the RTSSP projects to be funded in fiscal year 2020-2021, based on an application submitted by Orange on behalf of partner cities; and WHEREAS, the Cities of Orange, Anaheim, Placentia, Santa Ana, Tustin, and Yorba Linda are active partner cities and will benefit from improvised traffic progression and reduced travel delay across an 11.4-mile length of the Tustin Avenue/Rose Drive Corridor by means of improvement to traffic signal operations at 54 signalized intersections; and WHEREAS, improvements include new traffic signal communication equipment, CCTV cameras, controllers, video detection upgrades, fiber optic interconnect, replacement of antiquated equipment, Traffic Management Center server upgrades, traffic signal modifications, implementation of new coordination timing, and ongoing monitoring and maintenance support for two years; and
WHEREAS, as a result of the COVID-19 pandemic, the City wishes to request that OCTA grant a one-time delay to allow sufficient time to complete the project’s Primary Implementation phase.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orange as follows:

1. That the Director of Public Works is hereby authorized to request a 24-month project delay from OCTA for Ongoing Monitoring and Maintenance Support (OM&M) for the Tustin Avenue/Rose Drive Corridor – Project P Traffic Signal Synchronization Program. 203
2 ADOPTED this ____ day of ____________________, 2022
Mark A. Murphy, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
204
Agenda Item
City Council
Item #: 3.23. 2/8/2022 File #: 22-0008
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of temporary street closures for approved special events. Resolution No.11375.

2. SUMMARY
The closure of City streets and parking lots, and suspension of neighborhood permit parking restrictions needed to support special events, require annual City Council action. A schedule of anticipated events, along with corresponding street and parking impacts, has been developed in conjunction with event sponsors, and is being submitted for approval.

3. RECOMMENDED ACTION

1. Adopt Resolution No.11375. A Resolution of the City Council of the City of Orange approving the temporary closure of sections of public streets for approved special events.

2. Approve closure of municipal parking lots and temporary suspension of neighborhood permit parking restrictions for certain events and dates occurring in Fiscal Year 2022-2023.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community b: Deliver high quality and safe recreational, social, environmental, educational and cultural services.

6. DISCUSSION AND BACKGROUND
In August 1997, City Council adopted a process for approving special events that involve closing the Plaza and adjacent public streets in a single action. The City Council-approved criteria allow the Plaza to be closed for special events for up to twenty days per year, with no more than twelve of those being either a Friday, Saturday, or Sunday. This year’s request includes Plaza closures of ten days total, eight of which fall on Friday, Saturday, or Sunday.

For non-City events, cash deposits must be provided approximately thirty days prior to each event date. Failure to do so subjects an event to cancellation. In addition, the event sponsor must also obtain a special event permit from the Community Development Department. rd
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Item #: 3.23. 2/8/2022 File #: 22-0008
The City’s Annual 3rd of July event will continue to be held at Grijalva Park in 2022.

Provided below is the schedule of anticipated events from February 2022 through February 2023.

Plaza Closure
Closure of the Plaza, including all four spoke streets.

Chapman Avenue to be closed from Lemon Street to Grand
Street; Glassell Street to be closed from Almond Avenue to Maple Avenue.

April 10, 2022 Orange Plaza Car Show - Rotary Club of Orange Plaza Plaza Closure from 4:00 a.m. to 6:00 p.m. Temporary
Suspension of Permit Parking Restrictions Chapman
University Neighborhood Permit Parking Area A
May 7, 2022 May Parade - Chamber of Commerce
Closure, from 5:00 a.m. to 1:00 p.m., of the following: The Plaza; Chapman Avenue from Cambridge Street to Cypress
Street; Pine, Harwood, and Shaffer Streets from Maple
Avenue to Almond Avenue; Cleveland Street from Maple
Avenue to Chapman Avenue; Center Street from Chapman
Avenue to Almond Avenue; Grand Street from Maple
Avenue to Chapman Avenue; Orange Street from Maple
Avenue to Almond Avenue; Glassell Street from Maple
Avenue to Washington Avenue; Olive Street from Maple
Avenue to Almond Avenue; Lemon Street from Maple
Avenue to Almond Avenue; and Cypress Street from Maple
Avenue to Almond Avenue
September 2-4, 2022 Orange International Street Fair, Inc.

Plaza Closure from 7:00 p.m. Thursday- September 1, 2022 Through 6:00 a.m. Monday - September 5, 2022 Closure of Municipal Parking Lots 1 and 2 Temporary Suspension of
Permit Parking Restrictions Chapman University
Neighborhood Permit Parking Area A
October 27-28, 2022 Treats in the Streets Autumn Festival - Community Services
Plaza southeast quadrant closure Thursday, October
27,2022 5 a.m. - 11:30 p.m.; Closure of one row of parking in Municipal Parking Lot 2 behind Assistance League
(thirteen spaces) Thursday, October 27, 2022 5:00 a.m. - Friday, October 28, 2022 12 p.m.; Temporary suspension of Chapman University Neighborhood Permit Parking Area A,
all day Thursday, October 27, 2022; Full Plaza closure
Thursday, October 27, 2022 1:00 p.m. - 11:30 p.m. Chapman Avenue to be closed from Lemon Street easterly to Grand Street; Glassell Street from Almond Avenue northerly to Maple Avenue; Temporary suspension of Permit Parking
Restrictions, Around the Old Towne area, all day Thursday, October 27, 2022
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Permit Parking Restrictions Chapman University
Neighborhood Permit Parking Area A
October 27-28, 2022 Treats in the Streets Autumn Festival - Community Services
Plaza southeast quadrant closure Thursday, October
27,2022 5 a.m. - 11:30 p.m.; Closure of one row of parking in Municipal Parking Lot 2 behind Assistance League
(thirteen spaces) Thursday, October 27, 2022 5:00 a.m. - Friday, October 28, 2022 12 p.m.; Temporary suspension of Chapman University Neighborhood Permit Parking Area A,
all day Thursday, October 27, 2022; Full Plaza closure
Thursday, October 27, 2022 1:00 p.m. - 11:30 p.m. Chapman Avenue to be closed from Lemon Street easterly to Grand Street; Glassell Street from Almond Avenue northerly to Maple Avenue; Temporary suspension of Permit Parking
Restrictions, Around the Old Towne area, all day Thursday, October 27, 2022
December 2-5, 2022 Tree Lighting Ceremony & Candlelight Choir Procession - Community Services
Plaza Closure, Sunday, December 4, 2022, 3:00 a.m.-11:30 p.m. Northeast quadrant of the Plaza will remain closed until 10:00 a.m., Monday, December 5, 2022; Saturday,
December 3, 2022, 5:00 a.m. - Monday, December 5, 2022, 12:00 p.m. Closure of one row of parking in Municipal Lot 2 behind Assistance League (thirteen spaces); Closure of
entire south Almond lot from Friday, December 2, 2022
6:00 a.m. - Monday December 5, 2022 8:00 a.m. Temporary suspension of Permit Parking Restrictions Chapman
University Neighborhood Permit Parking Area A, all day
Sunday, December 4, 2022; Temporary suspension of Permit Parking Restrictions Old Towne area, all day Sunday,
December 4, 2022
Street Closure
July 3, 2022 3rd of July Celebration - Community Services Closure of North Prospect Street from Walnut Avenue to Spring Street with limited access to Cambridge Creek residents from 9:00 am - 11:00 pm Sunday, July 3, 2022. Walnut Avenue will be closed from North Prospect Street to Grijalva Park and North McPherson Road will be closed from East Pearl to Grijalva Park 9:00 a.m. - 11:00 p.m., Sunday, July 3, 2022;
Temporary suspension of Permit Parking Restrictions within Permit Parking Areas D and G all day Sunday, July 3rd,
2022.

November 11, 2022 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Friday, November 11, 2022 from 10:00 a.m. to 5:00 p.m.

Suspend Permit Parking
February 19-21, 2022 Antique Affair - Old Towne Orange Plaza Temporary Suspension of Permit Parking Restrictions
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Temporary suspension of Permit Parking Restrictions within Permit Parking Areas D and G all day Sunday, July 3rd,
2022.

November 11, 2022 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Friday, November 11, 2022 from 10:00 a.m. to 5:00 p.m.

Suspend Permit Parking
February 19-21, 2022 Antique Affair - Old Towne Orange Plaza Temporary Suspension of Permit Parking Restrictions
Chapman University Neighborhood Permit Parking A
May 20-22, 2022 Baccalaureate & Commencement- Chapman University Chapman University Neighborhood Permit Parking A
June 8-9, 2022 Graduation - Orange Unified School District El Modena High School/Fred Kelly Stadium Permit Parking Areas D & G West side of McPherson Road between Spring
Street & Pearl Street. (Adjacent to Grijalva Park at Santiago Creek)
August 23, 2022 Student Move-In Day - Chapman University Freshman Class Student Move-In Day Chapman University
Neighborhood Permit Parking A
November 4-6, 2022 Holiday Memories- Old Towne Orange Plaza Merchants Temporary Suspension of Permit Parking Restrictions
Chapman University Neighborhood Permit Parking A
February 18-20, 2023 Antique Affair - Old Towne Orange Plaza Temporary Suspension of Permit Parking Restrictions
Chapman University Neighborhood Permit Parking A
Dedicated On-Street Parking
Boutique Noel - Assistance League of Orange
October 12-15, 2022 West side of South Orange Street adjacent to Municipal Parking Lot 2 (for Boutique Noel vendors only) Reserve four parking stalls in the northeast corner of Parking Lot 2

7. ATTACHMENTS
· Resolution No. 11375
· Map of Municipal Parking Lots
· Map of Permit Parking Area A
· Map of Permit Parking Area D & G
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· Site Sketch of South Orange Street at Assistance League Building · Letters of Request
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Agenda Item
City Council
Item #: 3.23. 2/8/2022 File #: 22-0008
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Christopher Cash, Public Works Director

1. SUBJECT
Approval of temporary street closures for approved special events. Resolution No.11375.

3. RECOMMENDED ACTION

1. Adopt Resolution No.11375. A Resolution of the City Council of the City of Orange approving the temporary closure of sections of public streets for approved special events.

2. Approve closure of municipal parking lots and temporary suspension of neighborhood permit parking restrictions for certain events and dates occurring in Fiscal Year 2022-2023.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community b: Deliver high quality and safe recreational, social, environmental, educational and cultural services.

For non-City events, cash deposits must be provided approximately thirty days prior to each event date. Failure to do so subjects an event to cancellation. In addition, the event sponsor must also obtain a special event permit from the Community Development Department. rd
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Item #: 3.23. 2/8/2022 File #: 22-0008
The City’s Annual 3rd of July event will continue to be held at Grijalva Park in 2022.

Provided below is the schedule of anticipated events from February 2022 through February 2023.

Plaza Closure
Closure of the Plaza, including all four spoke streets.

Chapman Avenue to be closed from Lemon Street to Grand
Street; Glassell Street to be closed from Almond Avenue to Maple Avenue.

Plaza Closure from 7:00 p.m. Thursday- September 1, 2022 Through 6:00 a.m. Monday - September 5, 2022 Closure of Municipal Parking Lots 1 and 2 Temporary Suspension of
Permit Parking Restrictions Chapman University
Neighborhood Permit Parking Area A
October 27-28, 2022 Treats in the Streets Autumn Festival - Community Services
Plaza southeast quadrant closure Thursday, October
27,2022 5 a.m. - 11:30 p.m.; Closure of one row of parking in Municipal Parking Lot 2 behind Assistance League
(thirteen spaces) Thursday, October 27, 2022 5:00 a.m. - Friday, October 28, 2022 12 p.m.; Temporary suspension of Chapman University Neighborhood Permit Parking Area A,
all day Thursday, October 27, 2022; Full Plaza closure
Thursday, October 27, 2022 1:00 p.m. - 11:30 p.m. Chapman Avenue to be closed from Lemon Street easterly to Grand Street; Glassell Street from Almond Avenue northerly to Maple Avenue; Temporary suspension of Permit Parking
Restrictions, Around the Old Towne area, all day Thursday, October 27, 2022
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Item #: 3.23. 2/8/2022 File #: 22-0008
Permit Parking Restrictions Chapman University
Neighborhood Permit Parking Area A
October 27-28, 2022 Treats in the Streets Autumn Festival - Community Services
Plaza southeast quadrant closure Thursday, October
27,2022 5 a.m. - 11:30 p.m.; Closure of one row of parking in Municipal Parking Lot 2 behind Assistance League
(thirteen spaces) Thursday, October 27, 2022 5:00 a.m. - Friday, October 28, 2022 12 p.m.; Temporary suspension of Chapman University Neighborhood Permit Parking Area A,
all day Thursday, October 27, 2022; Full Plaza closure
Thursday, October 27, 2022 1:00 p.m. - 11:30 p.m. Chapman Avenue to be closed from Lemon Street easterly to Grand Street; Glassell Street from Almond Avenue northerly to Maple Avenue; Temporary suspension of Permit Parking
Restrictions, Around the Old Towne area, all day Thursday, October 27, 2022
December 2-5, 2022 Tree Lighting Ceremony & Candlelight Choir Procession - Community Services
Plaza Closure, Sunday, December 4, 2022, 3:00 a.m.-11:30 p.m. Northeast quadrant of the Plaza will remain closed until 10:00 a.m., Monday, December 5, 2022; Saturday,
December 3, 2022, 5:00 a.m. - Monday, December 5, 2022, 12:00 p.m. Closure of one row of parking in Municipal Lot 2 behind Assistance League (thirteen spaces); Closure of
entire south Almond lot from Friday, December 2, 2022
6:00 a.m. - Monday December 5, 2022 8:00 a.m. Temporary suspension of Permit Parking Restrictions Chapman
University Neighborhood Permit Parking Area A, all day
Sunday, December 4, 2022; Temporary suspension of Permit Parking Restrictions Old Towne area, all day Sunday,
December 4, 2022
Street Closure
July 3, 2022 3rd of July Celebration - Community Services Closure of North Prospect Street from Walnut Avenue to Spring Street with limited access to Cambridge Creek residents from 9:00 am - 11:00 pm Sunday, July 3, 2022. Walnut Avenue will be closed from North Prospect Street to Grijalva Park and North McPherson Road will be closed from East Pearl to Grijalva Park 9:00 a.m. - 11:00 p.m., Sunday, July 3, 2022;
Temporary suspension of Permit Parking Restrictions within Permit Parking Areas D and G all day Sunday, July 3rd,
2022.

November 11, 2022 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Friday, November 11, 2022 from 10:00 a.m. to 5:00 p.m.

Suspend Permit Parking
February 19-21, 2022 Antique Affair - Old Towne Orange Plaza Temporary Suspension of Permit Parking Restrictions
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Temporary suspension of Permit Parking Restrictions within Permit Parking Areas D and G all day Sunday, July 3rd,
2022.

November 11, 2022 Veterans Day Tribute - Community Services Temporary closure of Atchison Street from Chapman Avenue to Maple Avenue on Friday, November 11, 2022 from 10:00 a.m. to 5:00 p.m.

7. ATTACHMENTS
· Resolution No. 11375
· Map of Municipal Parking Lots
· Map of Permit Parking Area A
· Map of Permit Parking Area D & G
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· Site Sketch of South Orange Street at Assistance League Building · Letters of Request
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RESOLUTION NO. 11375

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE APPROVING THE

TEMPORARY CLOSURE OF SECTIONS OF

PUBLIC STREETS FOR APPROVED SPECIAL
EVENTS.

WHEREAS, Vehicle Code Section 21101(e) authorizes cities to close portions of streets for celebrations and local special events when, in the opinion of the City Council, the closure is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closure; and
WHEREAS, the Community Services Department, Orange Chamber of Commerce, Orange International Street Fair, Inc., and Rotary Club of Orange Plaza have requested temporary street closures to accommodate several special events in the streets.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:

ORANGE PLAZA CAR SHOW – ROTARY CLUB OF ORANGE PLAZA:

Section I:

That Chapman Avenue be closed from Grand Street to Lemon Street and that Glassell Street be closed from Maple Avenue to Almond Avenue from 4:00 A.M. to 6:00 P.M. on Sunday, April 10, 2022.

Section II:

That before said closure shall occur, Rotary Club of Orange Plaza shall comply with all terms and conditions contained in the preapproved Agreement Section III:

That Rotary Club of Orange Plaza shall notify area residents and businesses of the event and temporary street closure in accordance with the conditions contained in the preapproved Agreement.

MAY PARADE – ORANGE CHAMBER OF COMMERCE:

Section I:

That Chapman Avenue be closed from Cambridge Street to Cypress Street; that Pine, Harwood, and Shaffer Streets be closed from Maple Avenue to Almond Avenue; that Cleveland Street be closed from Maple Avenue to Chapman Avenue; that Center Street be closed from 215
Reso. No. 11375 2 MEB
Chapman Avenue to Almond Avenue; that Grand Street be closed from Maple Avenue to Chapman Avenue; that Orange Street be closed from Maple Avenue to Almond Avenue; that Glassell Street be closed from Maple Avenue to Washington Avenue; that Olive Street be closed from Maple Avenue to Almond Avenue; that Lemon Street be closed from Maple Avenue to Almond Avenue; and that Cypress Street be closed from Maple Avenue to Almond Avenue from 5:00 A.M. to approximately 1:00 P.M. on Saturday, May 7 2022.

Section II:

That before said closure shall occur Orange Chamber of Commerce shall comply with all terms and conditions contained in the preapproved Agreement.

Section III:

That Orange Chamber of Commerce shall notify area residents and businesses of the event and temporary street closure in accordance with the conditions contained in the preapproved Agreement.
3 RD OF JULY CELEBRATION – CITY OF ORANGE COMMUNITY SERVICES:

Section I:

That North Prospect Street be closed from Walnut Avenue to Spring Street with limited access to Cambridge Creek residents; that Walnut Avenue be closed from North Prospect Street to Grijalva Park; and that North McPherson Road be closed from Grijalva Park to East Pearl Avenue from 9:00 A.M. to 11:00 P.M. on Sunday, July 3, 2022.

Section II:

That before said closure shall occur, the Community Services Department, with assistance from Orange Police and Public Works Departments, shall provide all signing, barricades, and traffic control necessary for the closure acceptable to the City.

Section III:

That before said closure shall occur, the Community Services Department shall notify area businesses, residents, and HOAs of the event, temporary street closure, and secondary access point in accordance with the Police Department’s directions.

ORANGE INTERNATIONAL STREET FAIR, INC.:

Section I:

That Chapman Avenue be closed from Grand Street to Lemon Street and that Glassell Street be closed from Maple Avenue to Almond Avenue from 7:00 P.M. on Thursday, September 1, 2022, through 6:00 A.M. on Monday, September 5, 2022.

Section II:
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Reso. No. 11375 3 MEB
That before said closure shall occur, Orange International Street Fair, Inc. shall comply with all terms and conditions contained in the preapproved Agreement.

Section III:

That Orange International Street Fair, Inc. shall notify area residents and businesses of the event and temporary street closure in accordance with the conditions contained in the preapproved Agreement.

TREATS IN THE STREETS AUTUMN FESTIVAL – CITY OF ORANGE COMMUNITY SERVICES:

Section I:

That the southeast quadrant of the Plaza be closed from 5:00 A.M. to 11:30 P.M. on Thursday, October 27, 2022.

Section II:

That Chapman Avenue be closed from Grand Street to Lemon Street, and that Glassell Street be closed from Maple Avenue to Almond Avenue from 1:00 P.M. to 11:30 P.M. on Thursday, October 27, 2022.

Section III:

Section IV:

That the Community Services Department shall notify area residents, businesses, and OCTA of the event and temporary street closure and parking removal in accordance with the Police Department’s directions.

VETERANS TRIBUTE – CITY OF ORANGE COMMUNITY SERVICES:

Section I:

That Atchison Street be closed from Maple Avenue to Chapman Avenue from 10:00 A.M. to 5:00 P.M. on Friday, November 11, 2022.

Section II:

That before said closure shall occur, the Community Services Department, with assistance from Orange Police and Public Works Departments,shall provide all signing, barricades and traffic control necessary for the closure acceptable to the City. 217
Reso. No. 11375 4 MEB
Section III:

That the Community Services Department shall notify Ruby’s Diner and OCTA of the event and temporary street closure and parking removal in accordance with the Police Department’s directions.

TREE LIGHTING CEREMONY & CANDLELIGHT PROCESSION – CITY OF ORANGE COMMUNITY SERVICES:

Section I:

That the northeast quadrant of the Plaza be closed from 3:00 A.M. Sunday, December 4, 2022, until 10:00 A.M. on Monday, December 5, 2022.

Section II:

That Chapman Avenue be closed from Grant Street to Lemon Street and that Glassell Street be closed from Maple Avenue to Almond Avenue from 3:00 A.M. to 11:30 P.M., Sunday, December 4, 2022.

Section III:

That before said closure shall occur, the Community Services Department with assistance from Orange Police and Public Works Departments shall provide all signing, barricades, and traffic control necessary for the closure acceptable to the City.

Section IV:

ADOPTED this ____ day of _____________________, 2022
___________________________________
Mark A. Murphy, Mayor, City of Orange
ATTEST:
________________________________________
Pamela Coleman, City Clerk, City of Orange
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Reso. No. 11375 5 MEB
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the ____ day of _____________________, 2022 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
________________________________________
Pamela Coleman, City Clerk, City of Orange
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Agenda Item
City Council
Item #: 3.24. 2/8/2022 File #: 22-0056
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Amendment to the Master Schedule of Fees and Charges to adjust the annual Paramedic Subscription Program fee. Resolution No. 11373.

2. SUMMARY
Staff recommends City Council approves a rate increase to the voluntary Paramedic Subscription Program and the implementation of a sliding scale membership for business and congregate living facilities exceeding ten persons.

3. RECOMMENDED ACTION
Adopt Resolution No. 11373. A Resolution of the City Council of the City of Orange amending the Master Schedule of Fees and Charges to adjust the annual Paramedic Subscription fee.

4. FISCAL IMPACT
Given the current membership base, the annual paramedic subscription program rate increase will result in approximately $60,000 of additional revenue to the General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community.
b: Analyze future fiscal needs and potential revenue opportunities

6. DISCUSSION AND BACKGROUND
The voluntary Paramedic Subscription Program (PSP) has existed since 1983. At that time, the annual subscription of $24 covered the cost of both the $75 or $125 fee for Basic Life Support or Advanced Life Support assessment and treatment, respectively. Emergency ground ambulance transportation was billed separately.

With the onset of the City’s Emergency Transportation program in 1995, transportation coverage was included in the PSP. For the nominal subscription fee, the PSP would write off any out of pocket costs for assessment, treatment, and transportation. Since then, these fees have steadily increased, but the PSP has only had two rate adjustments in almost four decades and currently stands at $48.

Today, the average emergency transportation bill is $1,500, which could be entirely written-off by a PSP membership. Staff proposes raising the annual subscription from $48 to $60, the amount charged by the cities of Huntington Beach and Newport Beach, both of which use a similar EMS City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.24. 2/8/2022 File #: 22-0056
model and PSP program.

The increase to the annual subscription fee is necessary to more fairly cover the increased costs of providing emergency medical care, as well as to prevent future PSP write-offs needing subsidization from the general fund.

Additionally, staff recommends reinstituting a tiered membership for businesses and congregate living facilities with residential memberships. In the tiered model, the base subscription of $60 will cover up to 10 employees/residents. An additional $60 will apply for each additional 10 employees/residents up to 100 persons and a $50 fee will apply for each additional 10 employees/residents thereafter.

This tiered approach will allow for additional revenue previously unseen with the single level membership and provide solvency to the entire PSP.

7. ATTACHMENTS
· Resolution No. 11373
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Agenda Item
City Council
Item #: 3.24. 2/8/2022 File #: 22-0056
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Sean deMetropolis, Fire Chief

1. SUBJECT
Amendment to the Master Schedule of Fees and Charges to adjust the annual Paramedic Subscription Program fee. Resolution No. 11373.

4. FISCAL IMPACT
Given the current membership base, the annual paramedic subscription program rate increase will result in approximately $60,000 of additional revenue to the General Fund (100).

5. STRATEGIC PLAN GOALS
Goal 2: Be a fiscally healthy community.
b: Analyze future fiscal needs and potential revenue opportunities

Today, the average emergency transportation bill is $1,500, which could be entirely written-off by a PSP membership. Staff proposes raising the annual subscription from $48 to $60, the amount charged by the cities of Huntington Beach and Newport Beach, both of which use a similar EMS City of Orange Page 1 of 2 Printed on 2/3/2022
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Item #: 3.24. 2/8/2022 File #: 22-0056
model and PSP program.

This tiered approach will allow for additional revenue previously unseen with the single level membership and provide solvency to the entire PSP.

7. ATTACHMENTS
· Resolution No. 11373
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RESOLUTION NO. 11373

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF ORANGE AMENDING

THE MASTER SCHEDULE OF FEES AND

CHARGES TO ADJUST THE ANNUAL
PARAMEDIC SUBSCRIPTION FEE.

WHEREAS, pursuant to Chapter 3.10 of the Orange Municipal Code, the City Council has established and maintained a Master Schedule of Fees and Charges, consisting of fees and charges for services provided by the City to persons using such services; and WHEREAS, in accordance with Chapter 3.10 of the Orange Municipal Code, the Master Schedule of Fees and Charges has been periodically amended and revised from time to time by the City Council; and
WHEREAS, the City Council hereby finds and determines that the Master Schedule of Fees and Charges should be amended in part, in order to reflect the true cost of services provided by the City in connection with emergency medical services and ground ambulance transportation services.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:

1. The Master Schedule of Fees and Charges is hereby amended and Attachment “A” to this Resolution is hereby adopted, modifying the Master Schedule of Fees and Charges to provide for the inclusion of the various of fees for emergency ground ambulance transportation services chargeable by the City of Orange, as more particularly described in Attachment “A”.

2. The City Council finds that the fees set forth in Attachment “A” do not exceed the reasonable cost of services provided by the City in connection with the provision of emergency ground ambulance transportation services.

3. The fees listed in Attachment “A” shall be effective March 1, 2022.

4. If the fees set forth in this Resolution or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect any other fee, charge, or rate, or application thereof, which can be implemented without the invalid fee, charge, or rate, or application thereof, and to this end the fees, charges and rates of this Resolution are declared to be severable.
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ADOPTED this ____ day of ____________________, 2022
Mark A. Murphy, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
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ATTACHMENT “A”
Annual Paramedic Subscription Program $ 60.00
Additional 10 employees/residents for businesses $ 60.00 and congregate living facilities (11-100 persons)
Additional 10 employees/residents for businesses $ 50.00 and congregate living facilities (over 100 persons)
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Agenda Item
City Council
Item #: 3.25. 2/8/2022 File #: 22-0062
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Monica Espinoza, Human Resources Director

1. SUBJECT
A Resolution of the City Council of the City of Orange amending Resolution No. 11278 between the City of Orange and the Water Division Employees’ Association (WDEA), to replace Appendix A.

Resolution No. 11374.

2. SUMMARY
Resolution No. 11374 amends Resolution No. 11278, Appendix A, which inadvertently listed incorrect monthly amounts for the salary table dated January 2, 2022.

3. RECOMMENDED ACTION
Adopt Resolution No.11374. A Resolution of the City Council of the City of Orange amending Resolution No. 11278 to reflect the correct monthly salaries in the January 2, 2022 salary table.

4. FISCAL IMPACT
None

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 4: Provide outstanding public service
e: Attract, retain and develop quality employees dedicated to public service.

6. DISCUSSION AND BACKGROUND
On November 10, 2020, the City Council of the City of Orange adopted Resolution No. 11278 establishing a Memorandum of Understanding (MOU) with the Water Division Employees’ Association (WDEA), which incorporated all provisions of any Side Letter Agreements and Letters of Understanding (LOU) into a new MOU. Staff recently discovered that the salary table dated January 2, 2022, inadvertently listed incorrect salary amounts. Resolution No. 11374 amends the salary tables to reflect the correct amounts.

7. ATTACHMENTS
· Resolution No. 11374
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Agenda Item
City Council
Item #: 3.25. 2/8/2022 File #: 22-0062
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Monica Espinoza, Human Resources Director

Resolution No. 11374.

2. SUMMARY
Resolution No. 11374 amends Resolution No. 11278, Appendix A, which inadvertently listed incorrect monthly amounts for the salary table dated January 2, 2022.

4. FISCAL IMPACT
None

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
a: Provide staffing and resources to deliver services that ensure public safety.

Goal 4: Provide outstanding public service
e: Attract, retain and develop quality employees dedicated to public service.

7. ATTACHMENTS
· Resolution No. 11374
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RESOLUTION NO. 11374

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE REPEALING RESOLUTION NO. 11278 AND

APPROVING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF ORANGE
AND THE WATER DIVISION EMPLOYEES’

ASSOCIATION, CONCERNING WAGES, HOURS, AND

OTHER CONDITIONS OF EMPLOYMENT EFFECTIVE
JANUARY 1, 2020 THROUGH AND INCLUDING
DECEMBER 31, 2023
WHEREAS, the City of Orange, hereinafter referred to as "City", and the Water Division Employees’ Association, hereinafter referred to as "Association", have met and conferred in accordance with requirements of the Meyers-Milias-Brown Act; and WHEREAS, the City and the Association have reached agreement on wages, hours, and other terms and conditions of employment effective January 1, 2020 through December 31, 2023 and the City Council desires to repeal Resolution No. 11059 and amendments thereto for said employees, as set forth in the Memorandum of Understanding, hereinafter referred to as “MOU”; and
WHEREAS, on December 10, 2019, the City and the Association adopted Resolution No. 11198, A Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the Water Division Employees’ Association effective January 1, 2020; and
WHEREAS, on August 11, 2020, the City and the Association adopted Resolution No. 11261, a Resolution of the City Council of the City of Orange Establishing a Side Letter Agreement between the City of Orange and the Water Division Employees’ Association effective July 1, 2020 through December 31, 2023; and
WHEREAS, on November 10, 2020, the City and the Association adopted Resolution No. 11278, a Resolution of the City Council of the City of Orange Establishing a Memorandum of Understanding between the City of Orange and the Water Division Employees’ Association effective July 1, 2020 through December 31, 2023; and
WHEREAS, the salary table dated January 2, 2022 was inadvertently incorrect in the attached monthly salary ranges and is now amended to reflect the accurate monthly salaries.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached MOU is approved and incorporated by reference as Exhibit A as though fully set forth herein.

ADOPTED this 8
th day of February 2022.
_________________________________
Mark A. Murphy, Mayor, City of Orange
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ATTEST:
_____________________________________
Pamela Coleman, City Clerk, City of Orange

STATE OF CALIFORNIA )

COUNTY OF ORANGE )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
____________________________________
Pamela Coleman, City Clerk, City of Orange
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Exhibit A

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF ORANGE
AND
THE WATER DIVISION EMPLOYEES’

ASSOCIATION
JANUARY 1, 2020 THROUGH DECEMBER 31, 2023
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TABLE OF CONTENTS
Article No. Article Title Page No.

I Recognition of Association 1
II Non-Discrimination 1
III Salaries 1
IV Work Week 5
V Probation 6
VI Promotion 6
VII Demotion 6
VIII Reassignment of Compensation Ranges 7
IX Working Out of Class 7
X Overtime/Compensatory Time/Call Back 8
XI Holidays 11
XII Vacation 13
XIII Part-Time And Temporary Employee Eligibility for Fringe Benefits 14
XIV Leaves of Absence 15
XV Fringe Benefit Administration 21
XVI Health Benefits 21
XVII Educational Assistance and Wellness Program 23
XVIII Retirement 24
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XIX Miscellaneous 25
XX Travel Expense Allowed 27
XXI Safety and Health 28
XXII City Management Rights and Responsibilities 28
XXIII Employee Organizational Rights and Responsibilities 29 XXIV Grievance Procedure 30
XXV Disciplinary Appeals Procedure 32
XXVI No Strike-No Lockout 33
XXVII Association Representatives 34
XXVIII Layoff Procedure 34
XXIX Sole and Entire Memorandum of Understanding 37
XXX Waiver of Bargaining During Term of Memorandum of
Understanding 38
XXXI Emergency Waiver Provision 38
XXXII Memorandum of Understanding Terms Severable 38
XXXIII Term of Memorandum of Understanding and No Layoff or Furlough 38
XXXIV Ratification and Execution 40
Appendix A Monthly Salary Ranges 41
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1 ARTICLE I

RECOGNITION OF ASSOCIATION
SECTION 1. Pursuant to the provisions of the Employer-Employee Relations Resolution No. 3611 of the City of Orange, hereinafter referred to as "City", for the purpose of meeting its obligations under the Meyers-Milias-Brown Act (Government Code Section 3500 et. seq.), EmployerEmployee Relations Resolution No. 3611 and this Memorandum of Understanding, hereinafter referred to as “MOU”, has recognized the City of Orange Water Division Employees’ Assocation, hereinafter referred to as "Association", as the majority representative of the employee classifications listed within Appendix A. As majority representative, the Association is empowered to act on behalf of all employees who hold positions in classifications covered by this MOU whether or not they are individually members of the Association, when City rules, regulations, or law affecting wages, hours or other terms and conditions of employment are amended or changed.

SECTION 2. Any modification or interpretation of the rights of the parties concerning recognition set forth above shall only be established in accordance with Federal and/or State law.

ARTICLE II

NON-DISCRIMINATION
SECTION 1. The parties mutually recognize and agree to protect the rights of all employees herein to join and/or participate in protected Association activities in accordance with the EmployerEmployee Relations Resolution and Government Code Sections 3500 et. seq.

SECTION 2. In accordance with Federal and State law, the City and the Association agree that they shall not discriminate against any employee on the basis of actual or perceived race, color, national origin, religion, sex, gender, gender identity, physical or mental disability, medical condition (cancer-related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, pregnancy, childbirth or related medical condition, status as a covered veteran, or service in the uniformed services (as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994) or any other lawfully protected class. The City and the Association shall reopen any provision of this MOU for the purpose of complying with any final order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with Federal or State antidiscrimination laws.

ARTICLE III

SALARIES
SECTION 1. BASIC COMPENSATION PLAN. A basic compensation plan is established for all employees covered by this MOU, who are now employed, or will in the future be employed, in any of the designated classification titles listed in this MOU and its attachments. 246
2 SECTION 2. SALARIES. Salaries and their effective dates for employees covered by this MOU are listed in Appendix A. The salary and wage schedules shall constitute the basic compensation plan consisting of six (6) steps or rates of pay in each range. The respective ranges shall be identified by number and the steps by the letters A to F. The listed salary and wage schedules are based on a forty (40) hour work week.

SECTION 3. HOURLY RATE PART-TIME EMPLOYEES.

A. For all employees who have a regular weekly work schedule of forty (40) hours, the equivalent hourly rate of pay shall be the monthly rate times twelve (12) divided by 2,080 annual hours. The hourly rate for persons employed on a regular part-time or temporary basis in an equivalent classification shall be determined in the same manner. In determining the hourly rate as herein provided, compensation shall be made to the nearest half (½) cent.

B. Regular part-time employees who are scheduled to work on an average of at least twenty (20) hours per week on a year-round basis may be considered for advancement to the next higher step upon completion of hours of employment equal to the minimum number of months of service required by full-time employees. 1,040 hours of regular part-time employment shall equal six (6) months' service.

SECTION 4. BEGINNING RATES. A new employee of the City shall be paid the rate shown in Step A in the range assigned to the classification for which the employee has been hired, except that on the request of the Department Head under whom the employee will serve, and with the authorization of the Human Resources Director, such employee may be placed at any step depending upon the employee's qualifications.

SECTION 5. SERVICE. The word service as used in this MOU, shall be defined to mean continuous, full-time service in an employee’s present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements.

A lapse of service by any employee for a period of time longer than thirty (30) calendar days by reason of resignation or for any length of time due to discharge eliminates the accumulated length of service time of such employee for the purpose of this MOU. Employees re-entering the service of the City shall be considered as a new employee, except that the employee may be re-employed within one (1) calendar year and placed in the same salary step in the appropriate compensation range as the employee was at the time of the separation of employment.

SECTION 6. ADVANCEMENT WITHIN SALARY RANGES. The following regulations shall govern salary advancement:

A. Merit Advancement. An employee shall be considered for advancement through the salary range based only on continuous, meritorious, and efficient service, and continued improvement by the employee in the effective performance of the duties of the position. If merited, advancement through the salary range shall occur in yearly increments. A merit increase shall become effective on the first day of the pay period following completion of 247
3 the length of service required for such advancement. Such merit advancement shall require the following:
1) The Department Head shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore. If denied by the Human Resources Director, the reason for denial will be provided to the Department Head.

B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of duties, the Department Head may recommend to the Human Resources Director that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this MOU. The Human Resources Director may, on the basis of a Department Head's recommendation, approve and effect such advancement.

C. Length of Service Required When Advancement is Denied. When an employee is not approved for advancement to the next higher salary step, the employee may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action as provided in Section 6A.

SECTION 7. REDUCTION IN SALARY STEPS. Any employee who is being paid on a salary step higher than Step A may be reduced by one or more steps for disciplinary reasons upon the recommendation of the Department Head with the approval of the Human Resources Director.

SECTION 8. BILINGUAL ASSIGNMENT. Employees covered by this Resolution may be assigned by the Department Head, with approval of the Human Resources Director, to a bilingual assignment. The Department Head shall determine the number of bilingual assignment positions which are necessary based upon a demonstrable need and frequency of use. Employees on bilingual assignment shall receive an additional $140.00 per month for the duration of the assignment. Employees receiving bilingual assignment compensation may be required to take and pass a proficiency test on an annual or as needed basis as determined by the Human Resources Department. No permanency or seniority may be obtained in a bilingual assignment and such assignment may be revoked at any time by the Human Resources Director or a duly authorized designee. No employee shall be required to perform a Bilingual Assignment on a regular basis or employ bilingual skills on a regular basis who is not receiving bilingual pay. This form of pay, also referred to as “Bilingual Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members and pursuant to CalPERS Regulations, Section 571.1(b)(3).

SECTION 9. SHIFT PREMIUM. All employees who are assigned to shifts that start between 12:00 p.m. and 6:00 a.m. shall receive a two percent (2%) premium based upon the employee’s base salary for all hours worked. Employees who are assigned shifts that start between 6:00 a.m. and 12:00 p.m. are not entitled to this compensation. This form of compensation, also referred to as “Shift Differential”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Maembers pursuant to CalPERS Regulations, Section 248
4 571(a)(4), and pensionable compensation for New Members and pursuant to CalPERS Regulations, Section 571.1(b)(3).

SECTION 10. CERTIFICATION PREMIUMS.

A. Upon proof of permanent/non-interim certification of a State of California Department of Health Services Water Distribution Operator Certification:

1. Employees who possess a Grade I Water Distribution Certificate (D-1) shall receive a flat $75.00 per month premium.

2. Employees who possess a Grade II Water Distribution Certificate (D-2) shall receive a flat $100.00 per month premium.

3. Employees who possess a Grade III Water Distribution Certificate (D-3) shall receive a flat $150.00 per month premium.

4. An employee who possesses two (2) or more of the above certifications is eligible to receive only the highest grade-certificate premium. There shall be no pyramiding of certificate premiums.

B. Upon proof of permanent/non-interim certification of a State of California Department of Health Services Water Treatment Certification:

1. Employees who possess a Grade 2 Water Treatment Certificate (T-2) shall receive a flat $75.00 per month premium.

2. Employees who possess a Grade 3 Water Treatment Certificate (T-3) shall receive a flat $150.00 per month premium.

C. An employee who possesses two (2) or more of the above certifications is eligible for cumulative premium compensation.

D. The above forms of compensation, also referred to as “Educational Incentive” shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(2), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(2).

SECTION 11. SPECIAL ASSIGNMENT. The Public Works’ Water Division shall establish two (2) special assignments as Welders. Public Works’ Water Division employees covered by the terms and conditions of this MOU may be so assigned at the discretion of the Department Head or a duly authorized designee. Water Division personnel so assigned and performing these and related duties shall receive $100.00 per month during the period of such special assignment. This form of compensation, also referred to as “Gas Maintenance Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members pursuant to CalPERS Regulations, Section 571.1(b)(3). 249
5 Special Assignment Guidelines.

A. Water Division personnel assigned to positions specified in Section 11 above shall move on a step-to-step basis without changing anniversary date.

B. All special assignments to positions set forth in Section 11 above of Water Division employees shall be made or revoked at the discretion of the Department Head or a duly authorized designee.

C. There is no period of probation required in a special assignment and no permanency or seniority may be obtained in a special assignment. A regular full-time or part-time employee in a classification retains that current classification during special assignments.

SECTION 12. CRANE OPERATOR. The Public Works’ Water Division shall establish special assignments as Crane Operators. Public Works Water Division employees covered by the terms and conditions of this MOU may be so assigned at the discretion of the Department Head or a duly authorized designee. Water Division personnel so assigned and performing these and related duties shall receive $50.00 per month during the period of such special assignment. An employee who possesses a crane operator certification, but is not so assigned, will not receive this special assignment pay. An employee not so assigned shall not be directed to perform crane duties. This form of compensation, also referred to as “Heavy/Special Equipment Operator Premium”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(4), and pensionable compensation for New Members and pursuant to CalPERS Regulations, Section 571.1(b)(3).

SECTION 13. PERFORMANCE EVALUATIONS. Any dispute as to the contents of the performance evaluation shall first be discussed with the immediate supervisor. If not resolved, the employee may appeal the disputed evaluation through the appropriate chain of command up to the Department Head whose decision shall be final and binding.

Notwithstanding the paragraph above, in the event a substantial disagreement regarding the content of the performance evaluation continues, the employee may submit a clarifying memorandum within thirty (30) calendar days which shall become a part of the Performance Evaluation and shall be filed with the Performance Evaluation in the employee's personnel file in the Human Resources Department.

ARTICLE IV

WORK WEEK
SECTION 1. The regular work week for all employees covered by this MOU shall be forty (40) hours per week.

SECTION 2. The department shall discuss proposed changes in the established work schedule with the affected employees prior to the implementation of the change. 250
6 ARTICLE V

PROBATION
An employee initially appointed to a classification shall serve a probationary period of twenty-six (26) pay periods during which the employee shall have an opportunity to demonstrate suitability for the job. With the approval of the Human Resources Director, the Department Head may, for just cause, extend the probationary period up to an additional thirteen (13) consecutive pay periods.

The employee shall attain regular status in the classification upon successful completion of the probationary period or any extension of the probationary period. An employee who does not satisfy the standards of the classification during the probationary period shall be notified, in writing, and termination or demotion proceedings shall be initiated. A newly hired probationary employee shall not be entitled to appeal a termination or a demotion, except as is provided by law.

Employees serving an intial probationary period are not eligible to compete for closed/promotional recruitment processes.

ARTICLE VI

PROMOTION
SECTION 1. SALARY STEP ASSIGNMENT. When an employee is promoted to a position of a higher classification, the employee may be assigned to Step A in the appropriate range for the higher classification; provided, however, that if such employee is already being paid at a rate equal to or higher than Step A in the appropriate range for the higher classification, the employee may be placed in the step in that appropriate salary range as will grant the employee an increase of at least one (1) but no more than three (3) salary steps, at the discretion of the Department Head and the Human Resources Director.

SECTION 2. ELIGIBILITY LIST. When an eligible employee remains in higher bands of a current eligibility list, and a Department Head selects an eligible employee in a lower band, upon request, the eligible employee in the higher band will be notified of the reasons for non-selection.

ARTICLE VII

DEMOTION
When an employee is demoted for disciplinary reasons to a position in a lower classification, the new salary rate shall be assigned to the appropriate salary range for the lower classification and the salary rate shall be reduced by at least one (1) step. 251
7 ARTICLE VIII

REASSIGNMENT OF COMPENSATION RANGES
SECTION 1. Any employee who is employed in a classification which is allocated to a different pay range shall retain the same salary in the new range as previously held in the prior range, and shall retain credit for length of service acquired in the previously held step toward advancement to the next higher step in the new salary range; provided, however:

A. That if such retention shall result in the advancement of more than one step in the old pay range, the Human Resources Director may, at the time of reassignment, place the employee in a step which will result in an increase of only one step.

B. That if the reassignment is to a lower compensation range, the F step of which is lower than the employee’s existing rate of pay at the time of reassignment, the employee shall continue to be paid at the existing rate of pay until such time as the position shall be reassigned to a compensation schedule which will allow for further salary advancement, or until such time as the employee is promoted to a position assigned to a higher compensation range.

C. That if the reassignment is to a lower compensation range, the F step of which is higher than the existing rate of pay, the employee shall be placed in that step of the lower compensation range which is closest to, but no lower than, the existing rate of pay.

ARTICLE IX

WORKING OUT OF CLASS
SECTION 1. The City may work employees out of classification for up to ten (10) consecutive working days without additional compensation.

SECTION 2. ACTING TIME PAY. An employee shall receive acting time pay, as further defined below, at Step A of the higher class, or five percent (5%) above the employee's regular salary, whichever is greater, for work performed in the higher classification on the eleventh (11th) consecutive working day out of class, and for each consecutive day thereafter an employee works out of class. The Department Head or a duly authorized designee shall assign the employee to work out of classification but shall notify the Human Resources Director prior to the assignment.

A. Temporary Upgrade Pay. When an employee is working out of classification due to an incumbent’s approved leave of absence, said employee shall receive Temporary Upgrade Pay. Temporary Upgrade Pay, as defined by California Code of Regulations 571(a)(3), is “compensation to employees who are required by their employer or governing board or body to work in an upgraded position/classification of limited duration.”
The above form of compensation shall be reported to CalPERS as special compensation and therefore compensation earnable. However, Temporary Upgrade Pay will not be 252
8 reported to CalPERS as pensionable compensation for New Members hired on or after January 1, 2013, as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA).

B. Out-of-Class Appointment. Out-of-class appointments shall only be made for positions vacated due to voluntary resignation, promotion, demotion or termination. Gov. Code section 20480 of the Public Employees' Retirement Law (PERL) defines an “out-ofclass appointment” to mean an appointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration. For purposes of this section, a “vacant position” refers to a position that is vacant during recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee's leave of absence (see “Temporary Upgrade Pay” above).

SECTION 3. ELIGIBILITY PERIOD. During the ten (10) consecutive working day eligibility period before an employee is entitled to receive acting time pay, absence for compensatory time and/or vacation shall break consecutiveness and cause the ten (10) consecutive working day eligibility period to start over. Absences for regularly scheduled holidays, regular days off, jury duty, and/or verifiable sick leave shall not constitute a break in consecutiveness for acting pay eligibility.

SECTION 4. PROMOTION FROM ACTING INTO PERMANENT POSITION. An employee who is promoted from an acting position to that same position on a permanent basis shall receive credit for time served while acting in that position, towards any applicable probationary period for the permanent position, up to a maximum of six (6) months.

ARTICLE X

OVERTIME/COMPENSATORY TIME/CALL BACK
SECTION 1. ENTITLEMENT FOR OVERTIME. All employees shall be entitled to overtime compensation for all hours worked in excess of forty (40) hours per week within the employee's regular work week.

SECTION 2. OVERTIME OR COMPENSATORY PAYMENT.

A. Overtime shall be paid either in the form of pay at the employee's regular hourly rate or equal time off. The method of payment of overtime, either in cash or equivalent time off, must be authorized and approved by the Department Head.

B. If the return to work is scheduled at least twenty-four (24) hours prior, then the employee shall receive a minimum of two (2) hours of overtime. If the return to work is not scheduled at least twenty-four (24) hours prior, or unscheduled, then the employee shall receive the minimum two and one-half (2 ½) hours as noted in Section 12A of this Article.
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9 SECTION 3. OVERTIME ACCUMULATION. Overtime shall be accumulated at the rate of one (1) hour of compensatory time for each one (1) hour of overtime worked except for callback pay and premium overtime (time and one-half). Callback time shall be accumulated in accordance with Sections 12 and 14. Premium overtime shall be accumulated in accordance with Section 10.

Only time actually worked (except callback) shall count in the computation of overtime, except that for the term of this agreement, the time off for holidays falling in any work week, Monday through Friday, or callback in accordance with Sections 12 and 14, shall be counted towards the computation of overtime. However, any fatigue pay hours, as determined and used pursuant to the Public Works Department Policy, shall count in the computation of overtime, and in the event of a City Hall Holiday Closure (during the Christmas/New Year’s Holiday), any paid leave hours (i.e., vacation, compensatory time, holiday or sick leave) used during the Holiday Closure shall also count in the computation of overtime. If an employee works what would be their regularly scheduled hours during the Holiday Closure, then the employee shall not use any paid leave hours for the hours of work performed. If an employee works outside of their regularly scheduled hours during the Holiday Closure, then such hours will be counted on top of any paid leave hours when calculating the total hours worked for purposes of overtime.

SECTION 4. COMPENSATORY TIME ACCUMULATION. Compensatory time for overtime shall be accumulated in no less than one-quarter (¼) hour per day increments. When an employee works less than one-quarter (¼) hour per day of overtime, the employee shall not receive compensatory time for overtime of less than one-quarter (¼) of an hour per day worked.

SECTION 5. ELIGIBILITY. In order to be entitled to overtime, such overtime must be authorized by the Department Head or a duly authorized designee.

SECTION 6. MAXIMUM COMPENSATORY TIME ACCRUAL. Any accumulated compensatory time accrued in excess of eighty (80) hours per calendar year shall be automatically paid in the first pay period of the new calendar year.

SECTION 7. USE OF COMPENSATORY TIME.

A. Accumulated compensatory time off may be taken by an employee upon reasonable notice and prior approval of the Department Head or a duly authorized designee.

B. Accumulated compensatory time off shall be taken by an employee when directed by the Department Head or a duly authorized designee; provided, however, that the Department Head or a duly authorized designee gives an employee at least ten (10) days' notice prior to the date compensatory time off is to be taken.

C. In approving and directing compensatory time off, the Department Head or a duly authorized designee will, as far as practicable, attempt to accommodate employee convenience to the degree possible in light of the operational requirements of the department.

SECTION 8. PREMIUM OVERTIME COMPENSATION. If in the event of circumstances beyond the City's control (such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or other similar circumstances), an employee is required to hold over on a normal work 254
10 shift, and to jointly work with another employee who has been called back pursuant to Sections 12 or 14 herein, then such employee shall be entitled to premium overtime compensation (time and one-half).

SECTION 9. Nothing herein is intended to limit or restrict the authority of the City to require any employee to perform overtime work.

SECTION 10. Whenever two (2) or more premium compensation (time and one-half) rates or overtime rates may appear to be applicable to the same hour or hours worked by any employee, there shall be no pyramiding or adding together of such premium (time and one-half) or overtime rates and only the higher applicable rate shall apply.

SECTION 11. When an employee is promoted to a higher classification not covered by this MOU, all compensatory time previously earned shall be paid in cash at the time of the promotion and at the employee's current rate of pay prior to promotion.

SECTION 12. CALLBACK PAY.

A. If, after completing a normal work shift, and after having left City premises and/or the employee's work location, an employee is required to be called back to work, the employee shall be compensated at the rate of one and one-half (1½) times the employee's equivalent hourly base rate for each hour compensated as callback. An employee shall be compensated for a minimum of two and one-half (2½) hours callback compensation or the equivalent time off at one and one-half (1½) times the actual hours worked, regardless of whether the employee actually works less than two and one-half (2½) hours. This provision applies even though an employee's regular work week is not completed, but shall not apply to employees who are continuing on duty for their normal work shift. Section 14 below denotes compensation provided when an employee is eligible for both callback pay and standby pay.

SECTION 13. STANDBY PAY. Employees, assigned by Management to standby status after their regular work hours, will receive two (2) hours per day (Mondays through Fridays) of standby pay at their straight time hourly rate, or three (3) hours per day for Saturdays, Sundays, and Holidays, days where the City closes services (i.e., Holiday Closure), and regular days off (i.e., the employee’s scheduled Friday off as part of the 9/80 schedule). Employees must be capable of performing all duties that would be required if called back to work.

SECTION 14. CALLBACK PAY PLUS STANDBY PAY. Employees who are called back to work pursuant to Section 12 above, and who are assigned by Management to standby status after their regular work hours pursuant to Section 13 above, will receive two (2) hours per day (Mondays through Fridays) of standby pay at their straight time hourly rate, or three (3) hours per day for Saturdays, Sundays, and Holidays plus a minimum of two and one-half (2½) hours call back pay at their straight time hourly rate. Call back incidents of over two and one-half (2½) hours worked shall be paid at the straight time hourly rate. Actual call back hours worked pursuant to this section 255
11 shall count as time worked toward the forty (40) hours for qualifying for premium (time and onehalf) overtime under Fair Labor Standards Act (FLSA).

ARTICLE XI

HOLIDAYS
SECTION 1. HOLIDAY DESIGNATION. Employees covered by this MOU shall receive the following paid nine (9) hour holidays, except item number nine (9) below:
1) January 1st (New Year’s Day)
2) Third Monday in February (Presidents’ Day)
3) Last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) First Monday in September (Labor Day)
6) November 11th (Veterans Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (day after Thanksgiving)
9) One-half day before Christmas, if December 24th falls on a Monday through Thursday (Christmas Eve; 4.5 hours)
10) December 25th (Christmas Day)
11) Nine (9) hours of floating holiday time
SECTION 2. FLOATING HOLIDAY. The nine (9) hours of floating holiday will accrue at the beginning of the pay period which includes January 1st of each year, and is required to be utilized by December 31st of the year for which it was provided. Employees hired after January 1st of each year shall receive a prorated portion of the nine (9) hours. Floating holiday hours shall be taken at the convenience of the City with approval of the Department Head. Probationary employees are provided with, and are eligible to use, Floating Holiday and Holiday Hours according to the guidelines established in this Article, and/or, with approval of the Human Resources Director.

Employees who terminate employment with the City shall receive any remaining portion of their floating holiday in cash reimbursement.

SECTION 3. HOLIDAYS ON CERTAIN DAYS OF THE WEEK. In the event any of the above holidays falls on a Sunday, except the one-half (½) day before Christmas, the following day will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays fall on a Saturday, except one-half (½) day before Christmas, the preceding Friday will be taken in lieu of the actual date on which the holiday falls. When any of the above holidays falls on an employee's regularly scheduled day off during the week, except the one-half (½) day before Christmas, the employees' holiday bank will be credited with nine (9) hours of holiday compensatory time. Accumulated holiday compensatory time must be used by the employee by June 30th of the same fiscal year in which it was accumulated or be forfeited.

SECTION 4. ELIGIBILITY TO RECEIVE HOLIDAY PAY. In order to be eligible to receive holiday pay, an employee must have worked, or be deemed to have worked because of an approved absence (e.g., sick leave, vacation, or compensatory time), the employee's regularly scheduled day 256
12 before and regularly scheduled day after the holiday. Should an employee fail to work the employee's regularly scheduled day before and after the holiday, or if the employee is on an approved leave of absence without pay, the employee shall not be entitled to holiday pay.

SECTION 5. HOLIDAY DURING VACATION. Should one of the holidays listed above fall during an employee's vacation period while an employee is lawfully absent with pay, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation.

SECTION 6. COMPENSATION FOR HOURS WORKED ON OBSERVED CITY HOLIDAYS.

A. All employees required to work on a holiday listed above shall receive, with the approval of their supervisor, holiday pay plus straight time pay for hours worked on the holiday, or time off equal to the number of hours the employee actually worked on the holiday. Employees who work in excess of their regular number of hours on a holiday listed above, shall receive double time pay for all such hours actually worked. Employees shall receive no other compensation whatsoever for working on a holiday with the exception of the following: Any Association employee required to work on the following days shall receive two and one-half (2½) pay for all hours worked on: Independence Day (July 4th), Thanksgiving Day, and Christmas Day (December 25th), regardless of the date observed by City Hall employees.

B. Employees who’s regularly scheduled day off falls on the holiday or day observed in lieu of the holiday as set forth in this Article shall receive nine (9) hours of compensatory holiday time. Such holiday time must be taken by the end of each fiscal year in which it was accumulated.

REST OF PAGE LEFT BLANK INTENTIONALLY.
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13 ARTICLE XII

VACATION
SECTION 1. VACATION ACCRUAL. All full-time, regular employees accrue paid vacation as follows:

Years of
Service
Vacation
Hours Per
Year
Years of
Service
Vacation
Hours Per
Year
1 80 16 164
2 96 17 168
3 104 18 172
4 112 19 176
5 through 10 120 20 180
11 128 21 184
12 136 22 188
13 144 23 192
14 152 24 or more 200
15 160
SECTION 2. VACATION USAGE AND ACCUMULATION. Vacation shall be taken at the convenience of the City with the approval of the Department Head or a duly authorized designee.

Vacation should be taken annually and not accumulated from year to year, when possible.

Vacation hours not in excess of the equivalent number of hours earned in the immediately preceding twenty-four (24) month period may be accumulated with the permission of the Department Head and the Human Resources Director. Employees shall not accumulate vacation in excess of the equivalent number of hours earned in the immediately preceding twenty-four (24) month period. No vacation hours shall be accrued in excess of the equivalent number of hours earned in the immediately preceding twenty-four (24) month period. Probationary employees accrue vacation, but may not use vacation until the successful completion of an initial probationary period, except in the event of a City Hall Holiday Closure with the approval of the Human Resources Director.

SECTION 3. VACATION CONVERSION. An employee may convert up to fifty percent (50%) of current annual vacation accrual into cash in lieu of time off with pay. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 2, above, and may so convert twice in a fiscal year, however, the total amount converted per fiscal year shall not exceed fifty percent (50%) of the employee’s annual accrual. Employees serving their initial probationary period shall not be eligible for vacation conversion.

For Fiscal Year 2020-21 only, the vacation conversion shall be suspended except for those employees that will reach their vacation maximum accrual in the following pay period, in which case the employee shall be permitted to convert fifty percent (50%) of the vacation leave the employee would normally accrue in that fiscal year.
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14 SECTION 4. VACATION PAY-OUT UPON TERMINATION. Eligible full-time and part-time regular employees who terminate their employment with the City shall be paid for all accrued vacation, if any, and the prorated portion of their final vacation accrual. Prorated vacation shall be on the basis of one-twelfth (1/12) of the employee's annual vacation pay for each full month of service.

ARTICLE XIII

PART-TIME AND TEMPORARY EMPLOYEE ELIGIBILITY

FOR FRINGE BENEFITS
SECTION 1. DEFINITIONS. Nothing contained in this section guarantees a specified number of hours per day or days per week or weeks per year or months per year of work to any City employee. Employees who are not defined as full-time employees may be defined as follows:

A. Regular part-time employees shall be those employees scheduled in the budget to work twenty (20) or more hours per week on a year-round basis (52 weeks minus approved leave).

B. Temporary part-time employees shall be those employees scheduled in the budget to work less than twenty (20) hours per week on a year-round basis (52 weeks minus approved leave).

C. Seasonal employees shall be those employees who are scheduled in the budget to work on less than a year-round basis, regardless of total hours worked.

SECTION 2. REGULAR PART-TIME EMPLOYEES. Entitlement to fringe benefits are based upon a proration of hours.

A. Regular part-time employees shall receive fringe benefits in proportion to the number of hours the employee is scheduled to work per the City’s approved budget, to the normal forty (40) hour week on an annual basis.

The annual schedule for all regular part-time employees shall be the schedule that is included in the City’s approved budget or a schedule that is designated by Management at the commencement of the employee's employment with the City.

B. This proration shall apply to the following fringe benefits: holiday pay, vacation, sick leave, flexible benefit plan contribution, retirement contribution, and disability insurance.

C. Regular part-time employees may receive step increases provided they work the actual number of hours a full-time employee would have had to work in order to be entitled to progress to the next step of the salary range. 259
15 SECTION 3. TEMPORARY AND SEASONAL EMPLOYEES. Temporary and seasonal employees shall be entitled to receive no fringe benefits provided for in this MOU or in any resolution of the City, except those stated in Article XVIII, Section 2 of this MOU, or unless otherwise provided by Federal and/or State Law.

ARTICLE XIV

LEAVES OF ABSENCE
SECTION 1. LEAVE OF ABSENCE WITHOUT PAY. For all regular employees as described herein, the following Leave Without Pay procedure shall apply:

A. After all available leave benefits, including vacation, compensatory time, and other leave benefits have been completely used, an employee, not under suspension, may make written application to the Department Head for leave without pay. No such leave will be considered absent a written application from the employee requesting leave.

B. If the Department Head and the Human Resources Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six (6) months following the date of expiration of all other allowable leave benefits.

C. No employment or fringe benefits such as sick leave, vacation, health insurance, retirement, or any other benefits shall accrue to any employee on leave of absence without pay except as denoted under the Family and Medical Leave Act (FMLA) section below. During such leave in excess of five (5) working days, no seniority shall be accumulated.

D. Subject to and consistent with the conditions of the group heath, life or disability plans, coverage may be continued during a leave of absence without pay, provided direct payment of the total premium is made by the employee as prescribed by the Payroll Division of the City. The City will pay up to six (6) months of the Flexible Benefit Plan contribution for employees who are on long term disability leave.

E. At the end of such leave, if the employee desires additional leave, written application must be made through the Department Head to the Human Resources Director at least ten (10) days before the end of the six (6) month period stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such a leave of absence. If such additional leave is merited and would still preserve the best interests of the City, the Human Resources Director may approve such extension of the leave of absence for a period not to exceed an additional six (6) months.

F. If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the City shall consider that the employee has terminated employment with the City.
260
16 G. An employee on leave of absence must give the City at least seven (7) days’ written notice of intent to return to work prior to returning to work.

H. Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Human Resources Director and Department Head may be subject to termination.

I. Any employee who falsifies the reason for request for said leave of absence may be terminated for falsifying a request of absence or extension thereof.

J. Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically related conditions, except that such an employee shall retain all seniority rights.

K. Forms setting forth the benefits available or such other pertinent information shall be maintained for distribution in the Human Resources Department.

L. Management will allow an employee to take a leave of absence without pay during a City Hall Holiday Closure without having to exhaust all accrued leave benefits on the books. During said closure, employees will not see a reduction in benefits, including no loss of eligibility for holiday pay if leave without pay hours are used during the closure (i.e., The day after Christmas and/or working day before the New Year’s day.)
SECTION 2. JURY DUTY AND WITNESS SERVICE FOR THE CITY.

A. Jury Duty. When required to serve on a jury, all employees shall have time off for a period not to exceed thirty (30) calendar days for each jury duty summons which an employee responds to per calendar year. Employees shall receive their regular pay for the period of actual service required on the jury, provided all jury fees paid to the individual employee are turned over to the City, with the exception of automobile expenses allowed. A full-time employee who works a rotating schedule, who is summoned for jury duty, shall be placed on a day-shift until jury duty has concluded; the employee will be excluded from required overtime while performing jury duty.

If an employee is required to call in for jury service and the court does not need the employee’s service, the employee is expected to report to work. Once an employee has completed jury service, the Certificate of Jury Service must be provided to the immediate supervisor to qualify for jury duty compensation.

B. Witness Service for the City. If an employee is called as a witness, on behalf of the City, the employee shall receive normal pay for time spent by the employee serving as a witness for the City. Employees shall be required to pay any witness fees that accrue to the employee for witness service to the City as a condition of receiving normal pay while serving as a witness for the City.

SECTION 3. MILITARY LEAVE OF ABSENCE. If an employee is deployed or required to attend military training, the employee shall be entitled to military leave of absence under the 261
17 provisions of State law found in applicable sections of the California Military and Veterans’ Code.

Employees must provide a copy of their military orders to the Human Resources Department to qualify for a military leave of absence. Any exceptions to this provision shall be considered on a case-by-case basis, with final approval of the Human Resources Director.

SECTION 4. SICK LEAVE. Sick leave shall accrue and be charged in accordance with the following:

A. For employees working a regular forty (40) hour week, eight (8) hours of sick leave will accrue for each month of continuous service. Probationary employees may use accrued sick leave during the probationary period.

B. All non-benefited employees shall receive sick leave as required by State law.

C. Sick leave will be charged at the rate of one-quarter (¼) hour for each one-quarter (¼) hour of work an employee is absent.

D. Any employee eligible for sick leave with pay may use such leave for the following reasons:
1) Medical, dental, and vision appointments during work hours when authorized by the Department Head or a duly authorized designee; and/or 2) Personal illness or physical incapacity resulting from causes beyond the employee's control, including pregnancy, childbirth and other medically related conditions.
3) For an employee who is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230(c) and 230.1(a).

E. Sick Leave Application. Sick leave may be applied only to an absence caused by illness or injury of an employee except as provided in Section 5 below.

F. Sick Leave Charged. In any instance involving use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be one-quarter (¼) hour, while additional actual absence of over one-quarter (¼) hour shall be charged to the nearest one-half (½) hour. Sick leave shall only be used for the purposes stated, and the Department Head shall be responsible for control of employee abuse of the sick leave privilege. Employees may be required to furnish a certificate issued by a licensed physician or other satisfactory written evidence of illness to establish the employee’s entitlement to sick leave payment.

G. Maximum Accumulation of Sick Leave. Employees shall be allowed to accumulate sick leave to a maximum of 960 hours. Sick leave hours in excess of such maximum shall be forfeited.

H. Retirement from City Service and Entering CalPERS as a Retired Annuitant. Upon retiring from City service and entering CalPERS as a Retired Annuitant, an 262
18 employee shall receive no pay for the first sixty (60) days of accrued sick leave (0 - 480 hours), but shall receive twenty-five percent (25%) pay for the first thirty (30) days of accrued sick leave after the first sixty (60) days of accrued sick leave (481- 720 hours), and fifty percent (50%) of all accrued sick leave thereafter (721- 960 hours). In lieu of receiving pay, 100% of the eligible accrued Sick Leave cashout value upon retirement shall be contributed into the employee’s Retirement Health Savings Plan (RHSP) Trust account, in accordance with Article XVI, Section 5, below.

I. Death of an Employee. Upon the death of an employee while employed by the City, 100% of all accrued sick leave benefits shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization for payment is received from the estate of the decedent employee.

J. Sick Leave Conversion.
1) Eligible employees with sick leave usage of 0.0 to 36.0 hours per payroll calendar year will have the option to convert thirty (30) hours of their unused sick leave to vacation in the first pay period of the following year. 2) Employees with sick leave usage of 36.25 to 45.0 hours per payroll calendar year may convert twenty (20) hours of unused sick leave to vacation in the first pay period of the following year.
3) Employees must have a minimum balance of 140 hours of sick leave available after conversion.
4) Sick leave used under FMLA shall not be counted towards an employee’s sick leave conversion to vacation total.
5) However, no hours will be converted to vacation if said vacation conversion places the employee’s vacation bank over the maximum allowable accrual. In this case, all sick leave hours eligible for conversion will instead remain in the employee’s sick leave account.

SECTION 5. FAMILY LEAVE. In accordance with the California Family Sick Leave and Paid Sick Leave Acts, an employee is allowed up to forty-eight (48) hours of family leave per calendar year for family related illness or injury, which shall be charged against the employee’s accumulated sick leave. Family as used in this subsection is limited to any relation by blood, marriage or adoption who is a member of the employee’s household (living at the same address); and any parent, substitute parent, parent-in-law, spouse, registered domestic partner, child, brother, sister, grandchild or grandparent of the employee, regardless of residence. Benefited part-time employees are allowed to use up to one-half (½) of their annual accrual of sick leave for family leave purposes.

SECTION 6. BEREAVEMENT LEAVE. Regular full-time employees shall be entitled to take up to three (3) days of paid bereavement leave per incident in accordance with the following terms and conditions:
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19 A. Bereavement leave may only be used upon the death or critical illness where death appears to be imminent of the employee’s immediate family. "Immediate family" as used in this subsection, shall be limited to any relation by blood, marriage, or adoption who is a member of the employee's household (living at the same address) and any parent, legal guardian, parent-in-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, spouse, registered domestic partner, child, brother, or sister of the employee regardless of residence.

B. Days of absence due to bereavement leave shall not exceed three (3) working days per incident and shall not be deducted from the employee's accumulated sick leave.

An employee on bereavement leave shall inform the immediate supervisor of the fact and the reasons therefore as soon as possible. Failure to inform the immediate supervisor, within a reasonable period of time, may be cause for denial of bereavement leave with pay for the period of absence.

SECTION 7. WORKERS’ COMPENSATION. Association employees who incur a work-related injury or illness will be eligible to receive Workers’ Compensation benefits according to the State of California’s Division of Workers’ Compensation (DWC) laws and regulations.

A. Temporary Disability Leave. An Association employee shall be granted Temporary Disability in accordance with the current State Workers’ Compensation laws and regulations. When an Association employee is eligible to receive Temporary Disability payments, the City will contribute additional compensation to allow the employee to receive 100% of their regular rate of pay, or provide full salary continuance, for the first thirty (30) days starting from the first day of Temporary Disability. The employee will then receive eighty percent (80%) of salary for up to an additional 335 calendar days.

Temporary Disability in excess of 365 days will be provided subject to current State Workers’ Compensation laws and regulations.

B. Course of Employment. Should it be determined by the treating physician, or the employee’s doctor, or an agreed doctor by both parties, or an Administrative Law Judge through the Workers’ Compensation Appeals Board, that an employee's illness or injury did not arise in the course of the employee's employment with the City and/or that the employee is not temporarily incapacitated, then the employee's accrued, or if insufficient, future sick leave, shall be charged to reimburse the City for any payments made to the employee.

C. Physician Pre-Designation. Before a work-related injury, an employee may elect to predesignate a qualified medical provider if done in accordance with Workers’ Compensation laws and regulations.

D. Fringe Benefits. An employee receiving Temporary Disability benefits will continue to receive the City’s contribution to the employee’s medical, dental, vision and other applicable insurances. All authorized deductions will continue as though the employee is on regular work status. If the employee has exhausted Temporary Disability benefits, the employee shall be responsible for paying the full premium for the employee’s medical, dental, vision, and other applicable insurances.
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20 SECTION 8. FAMILY AND MEDICAL LEAVE ACT (FMLA). Federal and State laws require the City to provide family and medical care leave for eligible employees. The following provisions set forth employees' and employer's rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the City's Employee Handbook. Any provisions not set forth in the Employee Handbook are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act (FMLA) of 1993 and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA) (Government Code Section 12945.2). Unless otherwise provided, "Leave" under this Article shall mean leave pursuant to the FMLA and CFRA. An employee's request for leave is subject to review and final approval of the Human Resources Director.

A. Amount of Leave. Eligible employees are entitled to a total of twelve (12) work weeks of leave during any twelve (12) month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires twelve (12) months after the birth or placement.

B. Calculating the 12-Month Period. The twelve (12) month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous twelve (12) month period to determine how much leave has been used in determining how much leave an employee is entitled to.

C. Use of Other Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the law, the employee is not required to exhaust all accrued leaves if the employee is applying for State Disability Insurance or Paid Family Leave. The employee may make a request to be placed on a leave without pay in order to qualify for these State benefits. Employees may elect to supplement these benefits with the following accruals: sick, vacation, holiday, and other compensatory accruals. If an employee requests leave for a serious health condition, in addition to exhausting accrued leave, the employee must also exhaust sick leave. The exhaustion of accrued leave will run concurrently with FMLA.

D. Required Forms. Employees must fill out required forms, available in the Human Resources Department, including: Request for Family Medical Leave; Medical Certification; Authorization for Payroll Deductions for Benefit Plan Coverage Continuation During Family/Medical Care Leave; and the Fitness-for-Duty to Return from Leave (if applicable).

SECTION 9. CALIFORNIA STATE DISABILITY INSURANCE (SDI) LEAVE. Association members who lose wages when they are unable to work due to a non-work-related illness, injury, pregnancy, or childbirth may be eligible for SDI benefits. The weekly benefit amount is approximately sixty percent (60%) to seventy percent (70%) of wages earned five (5) to eighteen (18) months before your claim start date. This formula is created by the State of California Employment Development Department (EDD). An employee must be unable to work due to a disability for at least eight (8) calendar days to collect SDI benefits. An employee may apply for 265
21 SDI benefits by completing the Claim for Disability Insurance Benefits (DE 2501 form) online or by mail with the EDD.

A. Amount of Leave. Eligible employees may collect up to fifty-two (52) weeks of full SDI Benefits, or the amount of wages in the employee’s base period, whichever is less.

B. Use of Other Accrued Leaves While on Leave. If an employee requests leave for any reason permitted under the law, the employee is not required to exhaust all accrued leaves if the employee is applying for SDI or Paid Family Leave. The employee may make a request to be placed on a leave without pay in order to qualify for these State benefits.

C. Coordination of Benefits. Employees may elect to supplement SDI benefits with the following accruals in order to receive up to 100% of the employees normal gross weekly wages for the benefit period: sick, vacation, holiday, and other compensatory accruals.

It is the employee’s responsibility to ensure they are not receiving more than 100% of their normal gross wages when supplementing with paid time off and the employee must submit the benefit statement received from EDD to the City’s Payroll Division.

ARTICLE XV

FRINGE BENEFIT ADMINISTRATION
SECTION 1. ADMINISTRATION. The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the term of the MOU.

SECTION 2. SELECTION AND FUNDING. In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of this MOU, provided that the benefits of the employees shall be no less than those in existence as of implementation of this MOU.

SECTION 3. CHANGES. If, during the term of this MOU, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage.

ARTICLE XVI

HEALTH BENEFITS
SECTION 1. HEALTH INSURANCE. The City contracts with CalPERS to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA).

A. Flexible Benefits Plan. The City shall provide a Section 125 Flexible Benefits Plan for active full-time and part-time eligible employees and pay the following monthly amounts to provide funds for optional health plans, dental plans, vision plans, health care 266
22 reimbursement, dependent care, or cash as established by the Internal Revenue Service.

The following amounts include the minimum amount required under PEMHCA, which is $139.00 per month ($143.00 for 2021). This contribution shall be adjusted annually each January 1 to the amount set by the CalPERS Board of Administration.

Effective Date Single 2-Party Family
January 1, 2020 $1,020.00 $1,420.00 $1,670.00
January 1, 2021 $1,045.00 $1,470.00 $1,745.00
January 1, 2022 $1,070.00 $1,520.00 $1,820.00
January 1, 2023 $1,095.00 $1,570.00 $1,895.00
B. Any amounts in excess of the amounts designated in Section 1A necessary to maintain benefits under any benefits plans selected by the employee shall be borne by the employee.

C. An employee cannot be enrolled in the CalPERS Health Benefits Plan if a spouse is enrolled in the same agency or enrolled in an agency with CalPERS Health, unless the employee (or the spouse) is enrolled without being covered as a family member.

D. An employee may choose not to be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in the health plan, the employee must provide proof of group medical insurance coverage (e.g., coverage under a spouse’s employer’s plan) that is compliant with the Affordable Care Act (ACA), as determined by the Human Resources Director. Based on determination that group medical insurance coverage is in full force and effect, employees hired prior to January 1, 2020 shall receive $995.00 per month toward the Flexible Benefits Plan. Employees hired after January 1, 2020 who elect to waive the City’s medical insurance shall receive $400.00 per month.

E. In the event the employee loses group medical insurance (with documentation), the employee may re-enroll in the CalPERS Health Benefits Plan pursuant to their rules and regulations. Failure to do so within sixty (60) days, shall result in the City seeking reimbursement of said contributions.

F. Retired Annuitant Contribution. The City shall contribute toward the payment of premiums under the CalPERS Health Benefits Plan to each eligible retired annuitant of CalPERS, to the extent required by law, a contribution of $139.00 per month ($143.00 for 2021). This contribution shall be adjusted annually on January 1st to the amount set by the CalPERS Board of Administration.

SECTION 2. LIFE INSURANCE. The City shall contribute the full premium toward a $40,000.00 life insurance policy for each benefited employee. 267
23 SECTION 3. LONG TERM DISABILITY INSURANCE. The City shall provide a long-term disability plan that pays sixty percent (60%) of salary after a sixty (60) day elimination period to a maximum of $4,000.00 per month.

SECTION 4. STATE DISABILITY INSURANCE (SDI). The City of Orange has entered into a contract with the State of California for an SDI plan concerning employees in the Association.

A. In order to apply for SDI, a claim form must be obtained from EDD. The "Claim Statement of Employee" form must be completed by the employee and the employee’s doctor must complete the "Doctor's Certificate" section before the claim can be processed. The employee should be aware that if SDI benefits are received for time paid as sick leave by the City, the employee will be responsible for reimbursing the City by payroll deduction for the amounts paid by both the City and SDI, and sick leave balances will be adjusted accordingly. The employee shall provide the Payroll with proof of any payments received pursuant to SDI.

B. When a claim is received, the SDI Office will request the necessary information to determine the employee's eligibility. Benefits may begin with the day after the seventh (7
th) calendar day waiting period of disability or the first (1st) day of hospitalization. An employee may be paid for the waiting period if their disability exceeds twenty-one (21) days.

C. Benefits are coordinated between the City of Orange and State Disability and the employee is paid allowance benefits based on their present rate of pay and the SDI benefit schedule.

Employees may request to go on leave without pay or supplement SDI without exhausting accruals first.

SECTION 5. RETIREMENT HEALTH SAVINGS PLAN (RHSP) TRUST. The City shall establish an RHSP trust. In lieu of receiving pay, 100% of eligible accrued Sick Leave cashout value upon retirement from City service and entering CalPERS as a Retired Annuitant in accordance with Article XIV, Section 4H above.

ARTICLE XVII

EDUCATIONAL ASSISTANCE AND WELLNESS PROGRAM
SECTION 1. PROGRAM REQUIREMENTS. The City will reimburse employees for training costs associated with certifications and the cost of tuition, textbooks, health fees, and parking fees required for approved community college and college courses. An approved course is one designated to directly improve the knowledge of the employee relative to the specific job, and must be approved by the Department Head and the Human Resources Director prior to registration.

Reimbursement will be based upon the final grade received. A final grade of C or better qualifies the employee for 100% reimbursement up to the amount specified in Section 2.

SECTION 2. PAYMENTS. Educational assistance payments to an employee shall not exceed $600.00 in any one (1) fiscal year and the individual must still be employed by the City when the course is completed to qualify for reimbursement.
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24 SECTION 3. PROFESSIONAL DEVELOPMENT. The City agrees to allow reimbursement to employees of up to $300.00 of the $600.00 allotted per fiscal year for activities that aid in their professional development. Reimbursable activities include the following:
1) Attendance at job-related professional conferences, trainings and seminars; and 2) Payment of membership dues and renewal fees in community and professional organizations; and
3) Purchase of job-related professional journals, books, and other written materials, which further their knowledge and improve their effectiveness in performing their duties.

Participation and/or purchase must be approved in advance by the Department Head and the Human Resources Director.

This Professional Development benefit aims to encourage and enable employees to voluntarily pursue educational and public relations oriented activities beyond those normally budgeted for by their departments and in which they are directed to participate.

Individual City departments may continue to budget funds for staff attendance at professional conferences and seminars, for payment of professional membership dues, and for the purchase of books, journals, and related written materials, which enhance employee knowledge. Costs associated with work travel, lodging, meals (or per diem), parking, or other costs as defined in Article XX of this MOU are not eligible for reimbursement under this section.

SECTION 4. WELLNESS REIMBURSEMENT. The City agrees to allow reimbursement to employees of up to $375.00 of the $600.00 allotted per fiscal year towards reimbursement for items 1, 2 and/or 3 below. Requests must be approved, prior to purchase or participation, by the Human Resources Director.
1) Membership in a health/fitness club;
2) Participation in a weight loss/stop smoking/wellness/fitness program; and 3) Fitness equipment (home gym equipment).

The City will not reimburse employees for any of the above listed activities for family/dependent health related expenses.

ARTICLE XVIII

RETIREMENT
SECTION 1. The City participates in the California Public Employees’ Retirement System (CalPERS). This participation shall include, but is not limited to, the following retirement benefits:
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25 A. New Members. Miscellaneous employees who are New Members of CalPERS as defined by California Government Code Section 7522.04(f) are subject to the 2% @ age 62 retirement formula as set forth in California Government Code Section 7522.20.

These New Members are subject to the three (3) year final compensation measurement period as set forth in California Government Code Section 7522.32. These New Members shall contribute half of normal cost of retirement as determined by CalPERS from their pensionable compensation, on a pre-tax basis, as set forth in California Government Code Section 7522.30. In all other respects, New Members shall be subject to the terms and requirements of PEPRA.

Effective the pay period beginning January 3, 2021 through January 1, 2022, New Members shall temporarily pay an additional two percent (2%) of pensionable compensation, on a pre-tax basis, towards the City contribution pursuant to the cost sharing arrangement set forth in California Government Code 20516(f).

B. Classic Members. Miscellaneous employees who are not defined as New Members as outlined in Section A above are defined as Classic Members of CalPERS and are subject to the 2.7% @ age 55 retirement formula as set forth in Section 21362.2 of the California Government Code. These Classic Members are subject to the one (1) year final compensation measurement period set forth in California Government Code Section 20042. These Classic Members shall contribute eight percent (8%) of their compensation earnable, on a pre-tax basis.

Effective the pay period beginning January 3, 2021 through January 1, 2022, these Classic Members shall temporarily pay an additional two percent (2%) of compensation earnable, on a pre-tax basis, towards the City contribution pursuant to the cost sharing arrangement set forth in California Government Code 20516(f).

SECTION 2. PART-TIME EMPLOYEES. Part-time employees not covered under CalPERS shall participate in a defined contribution retirement plan in lieu of Social Security contributions.

The City shall contribute three and three-fourths percent (3.75%) of the employee’s eligible earnings toward the retirement plan. Part-time employees shall contribute three and three-fourths percent (3.75%) of their eligible earnings toward the retirement plan.

SECTION 3. 1959 CALPERS SURVIVOR BENEFIT. The City provides the 1959 CalPERS Survivor Benefit at the Fourth Level Option (California Government Code Section 21574) for all covered employees. Employees shall pay their $2.00 monthly contribution through payroll deduction. The City shall pay the employer portion subject to the following limit: in the event the employer portion exceeds $6.00 monthly, employees shall pay any portion of the employer portion that exceeds $6.00 monthly.

ARTICLE XIX

MISCELLANEOUS
SECTION 1. RIDESHARE INCENTIVE PROGRAM. An employee may receive $30.00 per month and eight (8) hours of paid time off (to a maximum accrual of sixteen (16) hours) every six 270
26 (6) months for carpooling, using public transportation, biking, walking, or other approved modes of transportation to commute to and from the worksite. To qualify for these incentives, an employee must use one (1) of the above modes of transportation a minimum of seventy percent (70%) of commuting time.

SECTION 2. UNIFORMS. The City retains the absolute right to establish a uniform policy for any of its departments.

SECTION 3. WORK SHOE ALLOWANCE. Employees are required to wear safety shoes with steel toes while on duty. Inspection of the worksite will be made on a regular basis to ascertain compliance to the safety shoe program.

A. Allowance. The City will contribute up to $450.00 on a fiscal year basis per employee toward a work shoe allowance.

B. Applicability. The Work Shoe Allowance will be applicable towards the purchase of steeltoe safety boots (ANSI standards approved), arch supports, insoles and water conditioner.

SECTION 4. EYEGLASS REPLACEMENT. The City will pay for replacement of employee's eyeglasses that are lost or damaged in the course of work. Damaged eyeglasses will be turned into the City in order for the employee to be entitled to reimbursement. The City will not reimburse an employee for more than one (1) pair of lost or damaged eyeglasses per fiscal year.

SECTION 5. CLOTHING REIMBURSEMENT ALLOWANCE.

A. Allowance. The City shall contribute up to $150.00 per employee toward the clothing reimbursement allowance per fiscal year. All uniforms thus purchased shall remain the property of the City of Orange. This form of pay, also referred to as “Uniform Allowance”, shall be reported to CalPERS as special compensation, and is therefore compensation earnable for Classic Members pursuant to CalPERS Regulations, Section 571(a)(5); however, this form of pay is not pensionable compensation for New Members.

B. Reimbursement Request. Employees may submit a request for reimbursement once per fiscal year.

C. Clothing. The City shall reimburse employees for the following articles of clothing which are to be worn on the job; blue work pants (including but not limited to blue jeans, Dickies, Red Kap), white crew socks, white walking socks, and two (2) pairs of shorts per year.

The following articles of clothing are not considered reimbursable clothing under this MOU: polo shirts, T-shirts, jackets, windbreakers, dress socks, dress slacks, and other types of clothing not specifically reimbursable under the above guidelines.

SECTION 6. BREAKS. Employees are entitled to two (2) fifteen (15) minute breaks, unless an emergency requires continued work, as determined by the employee's supervisor. An employee shall be permitted to take one (1) break during the first half of the work shift and one (1) break during the second half of the work shift. Breaks shall be scheduled to ensure that public counters and telephones are covered at all times during the regular working day and are designed to provide 271
27 a period of relaxation and/or nutrition during each half of the working day. If a break is not taken, it shall not be accumulated, but shall be lost and not charged in the future to the City.

SECTION 7. DIRECT DEPOSIT. City employees are required to participate in the City’s direct paycheck deposit program.

ARTICLE XX

TRAVEL EXPENSE ALLOWED
SECTION 1. MILEAGE REIMBURSEMENT. Expense claims for the use of private automobiles must be authorized and submitted through the Department Head, to the Accounts Payable Division of the Finance Department for reimbursement. Such use, where mileage is reimbursed, will be reimbursed at the rate per mile allowed under the current IRS regulations.

SECTION 2. OUT-OF-CITY TRAVEL. If the estimated expense of contemplated travel out of the City is too great to expect the employee to finance the trip and be reimbursed upon return, the City Manager may authorize advance payment of the estimated amount of the travel expense to the employee.

A. Economy class airfare will be considered standard for out-of-town travel.

B. Use of personal cars for out-of-City trips, within the State, may be approved by the City Manager when use of commercial transportation is not available or practical. If an employee prefers to use a personal car, the employee may be reimbursed mileage expenses as long as the expenses do not exceed the amount of the cost of the commercial transportation.
1) The rate per mile allowed under the current IRS regulations shall be approved for use of personal cars when City cars are not available.

SECTION 3. TRANSPORTATION AND EXPENSE CHARGES. Expenses for air, rail, or public transportation will be allowed whenever such transportation is necessary to conduct City business.

In addition, the following expenses and charges will be allowed, whenever necessary, for conducting City business.

A. Expense will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip, and must be approved by the Department Head.

B. Telephone charges will be allowed for official calls.

C. Expenses for meals will be reimbursed according to Administrative Policy Number 4.13. 272
28 ARTICLE XXI

SAFETY AND HEALTH
SECTION 1. The City and its employees agree to comply with all applicable Federal, State, and Local laws as well as any City policies which relate to health and safety. In addition, the City and the Association agree to actively pursue the continuation of safe working procedures and environments.

SECTION 2. SAFETY EQUIPMENT. All protective clothing or protective devices required of employees in the performance of their duties shall be furnished without cost to the employees by the City.

ARTICLE XXII

CITY MANAGEMENT RIGHTS AND RESPONSIBILITIES
SECTION 1. The City reserves, retains, and is vested with, solely and exclusively, all rights and responsibilities of Management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights and responsibilities existed prior to the execution of this MOU. The sole and exclusive rights of Management, as they are not abridged by this MOU or by law, shall include, but not be limited to, the following rights:

A. To manage the City generally and to determine issues of policy.

B. To determine the existence or non-existence of facts which are the basis of the Management decision.

C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services.

D. To determine the nature, manner, means, and technology, and extent of services to be provided to the public.

E. To determine methods of financing.

F. To determine the types of equipment or technology to be used.

G. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted.

H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City.

I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. 273
29 J. To relieve employees from duties for lack of work, economic conditions, or similar nondisciplinary reasons.

K. To establish and modify productivity and performance programs and standards.

L. To discharge, suspend, demote, or otherwise discipline employees for proper cause.

M. To determine job classifications and to reclassify employees and to determine the job classifications to be assigned to the Association.

N. To hire, transfer, promote, and demote employees for non-disciplinary reasons in accordance with this MOU.

O. To determine policies, procedures, and standards for selection, training, and promotion of employees.

P. To establish employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

Q. To maintain order and efficiency in its facilities and operations.

R. To establish, modify, and promulgate reasonable rules and regulations which are not in contravention with this MOU to maintain order and safety in the City.

S. To take any and all necessary action to carry out the mission of the City in emergencies.

SECTION 2. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the Association, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU or in Personnel Rules and Salary Resolutions and Administrative Policies, which are incorporated in this MOU. By agreeing to meet and confer with the Association as to the impact and the exercise of any of the foregoing City Rights, Management's discretion in the exercise of these rights shall not be diminished.

ARTICLE XXIII

EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
SECTION 1. ASSOCIATION DEDUCTIONS. The City shall deduct Association dues and supplemental benefit payments from employee paychecks on a bi-weekly basis. The City shall process these deductions based on the information certified to be current by the Association. The total amount of deduction shall be remitted by the City to the Association within ten (10) calendar days of each applicable payday.
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30 SECTION 2. INDEMNIFICATION. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions, or lawsuits arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit to the Associations monies deducted from the employees pursuant to this Article or caused by the Association’s negligence. The Association shall notify the City within ten (10) calendar days of any discrepancy concerning Association dues or other payroll deductions pursuant to this Article.

If the Association does not notify the City of any discrepancy within ten (10) calendar days, the City shall be relieved of any asserted discrepancy.

SECTION 3. NEWLY HIRED EMPLOYEES. The City will provide the Association with a list of any new hires into the bargaining association within thirty (30) days of receipt of a request for such list by the Association.

SECTION 4. BULLETIN BOARDS. The Association shall have the right to use bulletin boards on City premises for the purpose of posting announcements and Association information. The City will furnish bulletin board space on one (1) existing bulletin board to be selected by the Assocation at each location where there are five (5) or more employees. The bulletin boards shall be used for the following subjects only:

A. Recreational, social, and related Association news bulletins.

B. Scheduled Association meetings.

C. Information concerning Association elections and the results thereof.

D. Reports of official Association business, including Association newsletters, reports of committees, or the Board of Directors.

E. Any other written material which first has been approved and initiated by the designated City representative at each facility. The designated City representative must either approve or disapprove a request for posting within twenty-four (24) hours, excluding Saturday, Sunday, and legal holidays, from the receipt of the material and the request to post it. The designated City representative shall not unreasonably withhold permission to post.

SECTION 5. Except as limited by specific and express terms of this MOU, the Association hereby retains and reserves unto itself all rights, powers, and authority, confirmed on and vested in it by the laws and Constitution of the State of California and/or United States of America.

ARTICLE XXIV

GRIEVANCE PROCEDURE
SECTION 1. DEFINITION OF GRIEVANCE. A grievance shall be defined as a timely complaint by an employee or group of employees of the Association concerning the interpretation or application of specific provisions of this MOU or of the Rules and Regulations governing personnel practices or working conditions of the City. An employee complaint concerning their own discipline shall be processed in accordance with Article XXV. 275
31 SECTION 2. BUSINESS DAYS. Business days means those days in which the City’s administrative offices are open.

SECTION 3. TIME LIMITS FOR FILING WRITTEN FORMAL GRIEVANCES. The time limits for filing written formal grievances shall be strictly construed, but may be extended by mutual agreement evidenced, in writing, and signed by a duly authorized representative of the City and the grieving party. Failure of the grieving party to comply with any of the time limits set forth hereunder shall constitute waiver and bar further processing of the grievance. Failure of the City to comply with time limits set forth in this Section shall automatically move the grievance to the next level in the Grievance Procedure. The grieving party may request the assistance of the Association in presenting a grievance at any level of review or may represent themselves.

SECTION 4. INFORMAL GRIEVANCE PROCESS. An employee must first attempt to resolve a grievance on an informal basis by discussion with an immediate supervisor without undue delay.

Every effort shall be made to find an acceptable solution to the grievance by these informal means at the most immediate level of supervision. At no time may the informal process go beyond the division head concerned. In order that this informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than ten (10) business days elapse from the date of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance and the filing of a written formal grievance with the Human Resources Director of the City, with a copy to the Department Head in which the employee works. Should the grievant fail to file a written grievance within ten (10) business days from the date of the incident giving rise to the grievance, or when grievant knew or should have reasonably become aware of the facts giving rise to the grievance, the grievance shall be barred and waived.

SECTION 5. FORMAL GRIEVANCE PROCESS, HUMAN RESOURCES DIRECTOR, DEPARTMENT HEAD. If the grievance is not resolved through the informal process, and the written grievance is filed within the time limits set forth above, the grievant shall discuss the grievance with the Human Resources Director and the Department Head. The Human Resources Director and the Department Head shall render a decision and comments, in writing, regarding the merits of the grievance and return them to the grievant within ten (10) business days after receiving the grievance.

SECTION 6. FORMAL GRIEVANCE PROCESS, CITY MANAGER. If the grievance is not resolved in Section 5 above, or if no answer has been received from the Human Resources Director and Department Head within ten (10) business days from the presentation of the written grievance to the Human Resources Director and Department Head, the written grievance shall be presented to the City Manager, or a duly authorized designee, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the last Management grievance response. The City Manager, or a duly authorized designee, shall render a final decision on the merits of the grievance and comments, in writing, and return them to the grievant within ten (10) business days after receiving the grievance. After this procedure is exhausted, the grievant, the Association, and the City shall have all rights and remedies to pursue said grievance under the law. The City shall instruct its supervisors on the proper use and implementation of this grievance procedure and every reasonable 276
32 effort shall be made by the employee and the supervisor to resolve the grievance at the informal step.

ARTICLE XXV

DISCIPLINARY APPEALS PROCEDURE
SECTION 1. DISCIPLINARY APPEALS. Any employee who has obtained regular status, and any promotional probationary employee shall have the right to appeal any termination, suspension, reduction in salary, or non-probationary demotion. The right to appeal shall not apply to probationary, non-benefited part-time, temporary, or seasonal employees covered by this MOU.

Verbal or written reprimands, probationary demotions, performance evaluations, and denial of merit increases are not subject to appeal. However, an employee may submit a written rebuttal to any verbal or written reprimand. In addition, the employee may also request said reprimand be withdrawn from their official Personnel record after one (1) year. However, such removal shall be at the complete discretion of the Human Resources Director.

SECTION 2. MANAGER’S FORMAL DISCIPLINARY APPEALS PROCESS. An employee desiring to appeal a supervisor/manager’s decision to take disciplinary action shall have up to ten (10) business days after receipt of the notice of intent to discipline to file either a verbal or written appeal to the Department Head. If, within the appeal period, the employee does not file an appeal, unless good cause for the failure is shown, the disciplinary action shall be considered final and shall take effect as prescribed. If the employee does file a notice of appeal within the appeal period, the Department Head shall consider the merits of said appeal prior to implementation of any disciplinary action. In the event the Department Head upholds the disciplinary action, said action shall be implemented immediately.

An employee may appeal the Department Head’s decision to the City Manager or, at the City Manager’s discretion, to a duly authorized designee, as long as such designee is not a manager from the department of the employee filing said appeal. An employee may appeal any termination, suspension, reduction in salary, or non-probationary demotion to the City Manager or a duly authorized designee. Any request for an appeal to the City Manager shall be submitted in writing to the Human Resources Department within ten (10) business days of the Department Head’s decision. Failure to do so shall render the discipline final and constitute a waiver of any further administrative or judicial appeals. The appeal to the City Manager may be either in the form of a written appeal or an oral presentation. Termination appeals may be further processed in accordance with the provisions of Section 3 below.

SECTION 3. FORMAL PROCESS FOR TERMINATIONS, ADVISORY HEARING OFFICER.

A non-probationary terminated employee may request a full evidentiary hearing within fifteen (15) business days of the date of any notice of termination. Failure to request a hearing within the fifteen (15) day period constitutes a waiver of the hearing. In lieu of a hearing, a terminated employee may submit a written response to the City Manager within the fifteen (15) day period.

Requests for extensions to file a written response must be made within the fifteen (15) day period.

If a hearing is requested to challenge the imposition of termination, a full evidentiary hearing shall be held by a Hearing Officer who shall render an advisory decision. 277
33 If the parties cannot agree on the identity of the Hearing Officer, the parties shall procure from the State Mediation and Conciliation Service a list of seven (7) qualified Hearing Officers. Each party shall alternately strike one (1) name from the list until only one (1) person remains, who shall be the Hearing Officer. The determination as to which party strikes first shall be made on a random basis.

A. Fees for retaining the Hearing Officer and other costs related to conducting the hearing, for example employing a court reporter, shall be shared equally by the City and the employee. The City and the employee shall each be responsible for securing and paying for their respective representation at the hearing, if any.

B. The Hearing Officer shall determine whether good cause exists for the imposition of the termination and, if not, the appropriate degree of discipline. The decision of the Hearing Officer is remitted to the City Manager for final disposition.

C. The City Manager, or a duly authorized designee, shall render a final decision on the Hearing Officer's comments and recommendation, in writing, and return them to the employee within ten (10) business days after receiving the Hearing Officer's findings.

D. After this procedure is exhausted, the employee and the City shall have all rights and remedies to pursue said appeal under the law.

ARTICLE XXVI

NO STRIKE-NO LOCKOUT
SECTION 1. PROHIBITED ASSOCIATION CONDUCT. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU, they will not cause or condone any strike, walkout, slowdown, sick-out, or any other job action by withholding or refusing to perform services.

SECTION 2. PROHIBITED CITY CONDUCT. The City agrees that it shall not lock out its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law.

SECTION 3. Any employee who participates in any conduct prohibited in Section 1 above may be subject to termination by the City.

SECTION 4. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed in Section 5 below, the Association Responsibility, the City may suspend any and all of the rights, privileges, accorded to the Association under the Employee Relations Resolution and this MOU, including, but not limited to, suspension of recognition of the Association, grievance procedure, right of access, the use of the City's bulletin boards, and facilities.
278
34 SECTION 5. ASSOCIATION RESPONSIBILITY.

A. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 1 above, the Association or its duly authorized representatives shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU, and they should immediately cease engaging in conduct prohibited in Section 1 above, and return to work.

B. If the Association performs all of the responsibilities set forth in paragraph A above, its officers, agents, and representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOU in violation of Section 1 above.

ARTICLE XXVII

ASSOCIATION REPRESENTATIVES
SECTION 1. The City agrees to recognize the five (5) representatives selected by the Association.

SECTION 2. The Association agrees to limit to three (3) the number of representatives plus any paid the Association consultants authorized by the Association as meet and confer representatives.

SECTION 3. The Association shall have the responsibility to notify the City, in writing, of the names of its duly authorized representatives. The City shall have no obligation to recognize or deal with any employee as a representative unless on the designated representative list.

SECTION 4. Representatives shall not log compensatory time, overtime, or any other premium (time and one-half) pay for time spent performing any function as a representative.

SECTION 5. The Association representatives shall be allowed to use City available facilities to hold meetings. In addition, each representative shall be allowed nine (9) hours per fiscal year of City time for the purpose of attending representatives' meetings. The Association will make advanced notification to a designated management representative as to the time and date of such meetings and names of persons attending on release time.

ARTICLE XXVIII

LAYOFF PROCEDURE
When a layoff or reduction in force is necessary, the layoff procedures set forth in Resolution No. 8179, as incorporated below, shall be used as the established layoff policy and procedure.

SECTION 1. PURPOSE. The purpose of this policy is to establish and communicate the City's procedures when a layoff or reduction in force is necessary. 279
35 SECTION 2. SCOPE. All Association employees are subject to reduction in force at the direction of the City Manager.

SECTION 3. POLICY. The City retains the right to abolish any position, reduce the work force and layoff employees when it becomes necessary due to economic conditions, organizational changes, lack of work, or because the necessity for a position no longer exists. Whenever possible, the City will advise the Association of their intent at least ten (10) calendar days in advance of the effective date. The City's layoff policy provides the following criteria to be followed during a reduction in force.

SECTION 4. PROCEDURE.

A. Order of Reductions in Force (Layoff and Demotion). Within a department and by classification, the order of layoff or demotion shall be as follows:
1) Temporary employees (19 hours or less);
2) Initial probationary employees;
3) Regular part-time employees (20 or more hours, but less than 40 hours); 4) Regular full-time employees (40 hours).

For purposes of this procedure, the Water Division will be considered a department.

B. Layoffs.
1) Layoffs shall be based on City-wide seniority, except, negative performance during the past three (3) years will be considered to determine the order of layoff.

Negative performance and disciplinary actions will include the following:
a) Denial of merit increases;
b) Suspension without pay;
c) Extensions of probationary periods;
d) Disciplinary demotions to lower level positions;
e) Disciplinary reductions in pay;
f) Performance evaluations.

Reports containing significant, negative written comments indicating improvement needed and warning of further consequences to follow if improvement fails to occur. Only those reviews forwarded to the Human Resources Department for inclusion in the official personnel file will be considered.

A single negative disciplinary action will not reduce the employee's seniority.

However, additional disciplinary actions will reduce the employee's seniority by two (2) years for each additional occurrence, for a possible reduction of six (6) years. If denial of a merit increase and extension of a probationary period occur at the same time, they will be considered as one disciplinary action. 280
36 2) The order of layoff shall be established by the Human Resources Director, including seniority and results of review of performance evaluations and prior disciplinary actions.
3) The order of layoff will be the least senior employee as determined by the procedure above.
4) Prior to the establishment of the final order of layoff, the Human Resources Director shall furnish affected employees a copy of the "Proposed Order of Layoff." Notice will be hand delivered to employees whenever possible. 5) If the employee wishes to contest the application of the criteria set forth in this policy to their position on the list, the employee may appeal with any supporting materials to the Human Resources Director. This request should be directed to the Human Resources Director within seven (7) calendar days following the establishment and distribution of a "Proposed Order of Layoff" list. The employee will be allowed representation during the appeal process. 6) After meeting with all employees wishing to be heard with respect to their position on the layoff list, the Human Resources Director or a duly authorized designee shall establish the "Final Order of Layoff" list. The decision of the Human Resources Director or a duly authorized designee shall be final and not subject to the grievance process or further appeal.

C. Written Notice. Employees to be laid off shall be provided written notice at least ten (10) calendar days in advance of the layoff date. Notice will be hand delivered to the employee whenever possible. If personal delivery is not possible, the notice will be sent by certified mail to the last known residential address.

D. Transfer or Demotion in Lieu of Layoff.
1) Whenever employees are to be laid off, they may transfer or demote to another vacant position in their own department or other departments providing that:
a) The positions are at the same or lower level;
b) Positions are authorized, budgeted, and the City intends to fill the vacancies;
c) The employee meets the qualifications of the new position as determined by the Human Resources Director.
2) Whenever employees are to be laid off, they may demote to lower level, filled positions within their department providing they:
a) Formerly held or supervised the lower level position within the classification series;
b) Employee meets or can reasonably meet qualifications for the new position as determined by the Human Resources Director or can 281
37 reasonably meet the qualifications within one (1) month following appointment;
c) Posses greater seniority to displace a lower level worker; d) Request in writing a demotion to the previously held or supervisory position within ten (10) calendar days of receiving the notice of layoff or voluntary demotion. A voluntary demotion shall not reflect as a negative action in the employee's personnel file.

E. Re-employment Lists.
1) Regular employees in good standing who are laid off or demoted shall have their name placed on a departmental re-employment list for the last classification previously held. Names shall be placed on the list in inverse order of seniority (last released - first rehired). Vacancies the department desires to fill will be offered first to eligibles on the departmental reemployment list. 2) Other hiring departments who have vacancies the City desires to fill will give priority consideration to those employees whose names appear on the reemployment list. If these employees are not selected for rehire, the reason for nonselection must be approved by the Human Resources Director. 3) Names of qualified individuals shall remain on re-employment lists for a period not to exceed two (2) years from the date of layoff. Individuals who qualify for rehire but do not respond to written notification to the last known address on file within ten (10) calendar days or who refuse two (2) job offers shall have their names removed from the re-employment list. Once rehired, employee names are removed from all reemployment lists.

SECTION 5. NON-DISCRIMINATION IN REDUCTION IN FORCE. Layoffs and demotions, which result from a reduction in force, shall be made without regard to an employee's actual or perceived race, color, national origin, religion, sex, gender identity, physical or mental disability, medical condition (cancer-related or genetic characteristics), ancestry, martial status, age, sexual orientation, citizenship, pregnancy, childbirth or related medical condition, status as a covered veteran, or service in the uniformed services (as defined by the Uniformed Services Employment and Re-employment Rights Act of 1994) or any other lawfully protected class.

ARTICLE XXIX

SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements and memorandums of agreement, letters of understanding, or memorandums of understanding, or contrary salary and/or personnel resolutions or Administrative Codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder.

This MOU is not intended to conflict with Federal or State law. 282
38 ARTICLE XXX

WAIVER OF BARGAINING DURING TERM

OF MEMORANDUM OF UNDERSTANDING
During the term of this MOU, the parties mutually agree that they will not seek to change, negotiate, or bargain with regard to wages, hours, benefits, and terms and conditions of employment, whether or not covered by this MOU or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this MOU. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this MOU.

ARTICLE XXXI

EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, wind, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU will be reinstated immediately. The Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency.

ARTICLE XXXII

MEMORANDUM OF UNDERSTANDING TERMS SEVERABLE
Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, or by enactment of Federal or State legislation, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU.

ARTICLE XXXIII

TERM OF MEMORANDUM OF UNDERSTANDING

AND NO LAYOFF OR FURLOUGH
SECTION 1. The term of this MOU shall commence on January 1, 2020 and shall continue in full force and effect until December 31, 2023.

SECTION 2. The City hereby agrees that it shall not layoff any Assocation employees for an eighteen (18) month period expiring December 31, 2021.
283
39 SECTION 3. The City hereby agrees that it shall not furlough any Assocation employees for a twelve (12) month period expiring June 30, 2021.

REST OF PAGE LEFT BLANK INTENTIONALLY.
284
40 ARTICLE XXXIV

RATIFICATION AND EXECUTION
The City and the Association acknowledge that this MOU shall not be in full force and effect until ratified by the Association and adopted by the City Council of the City of Orange. Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and the Association and entered into this 8
th day of February 2022.

City of Orange Water Division Employees’ Association
Dated: Dated:

By: By:

Will Kolbow, Assistant City Manager Terry Remyn, President By: By:

Monica Espinoza, Human Resources Director Mario Valdez, Vice President By: By:

Cody Kleen, Human Resources Manager Victor Campos, Treasurer By: By:

Aaron Schulze, Sr. Assistant to the City Manager Nathan Gosselin, Secretary Approved as to form:

By:

Gary A. Sheatz, City Attorney
285
41 APPENDIX A
WATER DIVISION EMPLOYEES’ ASSOCIATION

MONTHLY SALARY RANGES
EFFECTIVE JUNE 26, 2016

2.0% Across the Board Salary Increase
Classification Title
NEW
RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Senior Water Meter Service Wkr 493 4170 4382 4606 4841 5087 5347 Skilled Maintenance Wkr -Water 490 4108 4317 4537 4769 5012 5267 Water Maintenance Leadworker 510 4538 4770 5013 5269 5538 5820 Water Maintenance Worker I 451 3382 3554 3735 3926 4126 4336 Water Maintenance Worker II 471 3736 3927 4127 4338 4559 4791 Water Meter Service Worker I 459 3519 3699 3887 4086 4294 4513 Water Meter Service Worker II 479 3888 4087 4295 4514 4744 4986 Water Plant Operator I 484 3987 4190 4404 4628 4864 5112 Water Plant Operator II 504 4405 4629 4865 5114 5374 5648 Water Yard Storekeeper 481 3927 4128 4338 4559 4792 5036 EFFECTIVE JANUARY 5, 2020

3.0% Across the Board Salary Increase
Classification Title
NEW
RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Senior Water Meter Service Wkr 499 4296 4515 4746 4988 5242 5509 Skilled Maintenance Wkr -Water 496 4232 4448 4675 4914 5164 5427 Water Maintenance Leadworker 516 4676 4915 5166 5429 5706 5997 Water Maintenance Worker I 457 3485 3662 3848 4045 4251 4468 Water Maintenance Worker II 477 3850 4046 4252 4469 4697 4937 Water Meter Service Worker I 465 3626 3811 4005 4210 4424 4650 Water Meter Service Worker II 485 4006 4211 4426 4651 4888 5138 Water Plant Operator I 490 4108 4317 4537 4769 5012 5267 Water Plant Operator II 510 4538 4770 5013 5269 5538 5820 Water Yard Storekeeper 487 4046 4253 4470 4697 4938 5189 286
42 APPENDIX A (CONTINUED)
WATER DIVISION EMPLOYEES’ ASSOCIATION

MONTHLY SALARY RANGES
EFFECTIVE JANUARY 3, 2021

2.0% Across the Board Salary Increase
Classification Title
NEW
RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Senior Water Meter Service Wkr 503 4383 4606 4841 5088 5348 5620 Skilled Maintenance Wkr -Water 500 4317 4538 4770 5013 5268 5537 Water Maintenance Leadworker 520 4770 5014 5269 5538 5821 6118 Water Maintenance Worker I 461 3554 3736 3926 4127 4337 4558 Water Maintenance Worker II 481 3927 4128 4338 4559 4792 5036 Water Meter Service Worker I 469 3699 3887 4086 4294 4513 4744 Water Meter Service Worker II 489 4087 4296 4515 4745 4987 5241 Water Plant Operator I 494 4191 4404 4629 4865 5112 5374 Water Plant Operator II 514 4629 4866 5114 5375 5650 5937 Water Yard Storekeeper 491 4129 4339 4560 4793 5037 5293 EFFECTIVE JANUARY 2, 2022

3.0% Across the Board Salary Increase
Classification Title
NEW
RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Senior Water Meter Service Wkr 509 4516 4746 4988 5243 5510 5791 Skilled Maintenance Wkr -Water 506 4449 4675 4914 5165 5428 5705 Water Maintenance Leadworker 526 4916 5166 5430 5707 5998 6303 Water Maintenance Worker I 467 3662 3849 4046 4252 4469 4697 Water Maintenance Worker II 487 4046 4253 4470 4697 4938 5189 Water Meter Service Worker I 475 3812 4006 4210 4425 4650 4887 Water Meter Service Worker II 495 4212 4426 4652 4890 5138 5401 Water Plant Operator I 500 4317 4538 4770 5013 5268 5537 Water Plant Operator II 520 4770 5014 5269 5538 5821 6118 Water Yard Storekeeper 497 4254 4470 4698 4938 5190 5455 287
43 APPENDIX A (CONTINUED)
WATER DIVISION EMPLOYEES’ ASSOCIATION

MONTHLY SALARY RANGES
EFFECTIVE JANUARY 1, 2023

3.0% Across the Board Salary Increase
Classification Title
NEW
RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Senior Water Meter Service Wkr 515 4653 4890 5140 5402 5677 5967 Skilled Maintenance Wkr -Water 512 4583 4818 5063 5322 5594 5878 Water Maintenance Leadworker 532 5065 5323 5595 5880 6180 6495 Water Maintenance Worker I 473 3773 3966 4168 4381 4605 4839 Water Maintenance Worker II 493 4170 4382 4606 4841 5087 5347 Water Meter Service Worker I 481 3927 4128 4338 4559 4792 5036 Water Meter Service Worker II 501 4339 4561 4793 5038 5295 5565 Water Plant Operator I 506 4449 4675 4914 5165 5428 5705 Water Plant Operator II 526 4916 5166 5430 5707 5998 6303 Water Yard Storekeeper 503 4383 4606 4841 5088 5348 5620 288
Agenda Item
City Council
Item #: 7.1. 2/8/2022 File #: 22-0027
TO: Honorable Mayor and Members of the City Council
FROM: Thomas R. Hatch, Interim City Manager

1. SUBJECT
Support of AB 1595 Allowing the Development of a State-Operated Veterans Cemetery in Orange County. Resolution No. 11372.

2. SUMMARY
Assembly Bill 1595 will authorize a State Veterans Cemetery within the County of Orange with input and support by the local community. The bill also includes an urgency clause so the California Department of Veterans Affairs can promptly start an acquisition study of a proposed cemetery location, as required by law.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11372. A Resolution of the City Council of the City of Orange in support of AB 1595 allowing the development of a state-operated veterans cemetery in Orange County.

2. Authorize the Mayor to sign the letter of support for Assembly Bill 1595.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

6. DISCUSSION AND BACKGROUND
Orange County is the State’s largest county without a veterans cemetery. In 2014, the California Department of Veterans Affairs (CalVet) estimated that the County of Orange was home to approximately 117,000 veterans. Yet, Orange County veterans and their families must travel to the Riverside National Cemetery in order for their service members to be interred at a final and proper resting place.

In 2014, the Legislature approved Assembly Bill (AB) 1453 to begin the process of bringing a state veterans cemetery to Orange County at the Amended and Restated Development Agreement (ARDA) site located at the decommissioned Marine Corps Air Station El Toro in the City of Irvine.

However, a lack of consensus, public opposition, and cost concerns prompted a renewed debate around the most suitable location for an Orange County Veterans Cemetery.

Each time a new site is proposed, the Legislature has to introduce a new bill to amend the current City of Orange Page 1 of 2 Printed on 2/3/2022
powered by Legistar™289
Item #: 7.1. 2/8/2022 File #: 22-0027
Each time a new site is proposed, the Legislature has to introduce a new bill to amend the current law. The legislative process takes a year or more. AB 1595 removes the legislative step from the process by broadly authorizing CalVet to: acquire, study, design, develop, construct, and equip a state owned and state-operated Southern California Veterans Cemetery within the County of Orange.

The Orange County Board of Supervisors has unanimously voiced their support for AB 1595 and encouraged all 34 Orange County cities to support the proposed bill. Staff recommends approving Resolution No. 11372 to express the City’s support for AB 1595 to facilitate the development of a veterans cemetery in Orange County.

7. ATTACHMENTS
· Resolution No. 11372
· AB 1595 Support Letter
City of Orange Page 2 of 2 Printed on 2/3/2022
powered by Legistar™290
Agenda Item
City Council
Item #: 7.1. 2/8/2022 File #: 22-0027
TO: Honorable Mayor and Members of the City Council
FROM: Thomas R. Hatch, Interim City Manager

1. SUBJECT
Support of AB 1595 Allowing the Development of a State-Operated Veterans Cemetery in Orange County. Resolution No. 11372.

3. RECOMMENDED ACTION

1. Adopt Resolution No. 11372. A Resolution of the City Council of the City of Orange in support of AB 1595 allowing the development of a state-operated veterans cemetery in Orange County.

2. Authorize the Mayor to sign the letter of support for Assembly Bill 1595.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 3: Enhance and promote quality of life in the community a: Renovate, maintain, develop, and/or expand public use places and spaces.

However, a lack of consensus, public opposition, and cost concerns prompted a renewed debate around the most suitable location for an Orange County Veterans Cemetery.

Each time a new site is proposed, the Legislature has to introduce a new bill to amend the current City of Orange Page 1 of 2 Printed on 2/3/2022
powered by Legistar™291
Item #: 7.1. 2/8/2022 File #: 22-0027
Each time a new site is proposed, the Legislature has to introduce a new bill to amend the current law. The legislative process takes a year or more. AB 1595 removes the legislative step from the process by broadly authorizing CalVet to: acquire, study, design, develop, construct, and equip a state owned and state-operated Southern California Veterans Cemetery within the County of Orange.

7. ATTACHMENTS
· Resolution No. 11372
· AB 1595 Support Letter
City of Orange Page 2 of 2 Printed on 2/3/2022
powered by Legistar™292
RESOLUTION NO. 11372

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF ORANGE IN SUPPORT OF AB
1595 ALLOWING THE DEVELOPMENT OF A

STATE-OPERATED VETERANS CEMETERY IN
ORANGE COUNTY.

WHEREAS, Orange County is the proud former home of Army, Navy and Marine Corps military installations and is the current home of well over 100,000 veterans of our nation’s armed forces; and
WHEREAS, Orange County is the largest county in the state without a veterans cemetery; and
WHEREAS, all 34 cities in Orange County, including the City of Orange, and the County of Orange, have expressed their support for the development of a veterans cemetery in Orange County; and
WHEREAS, California State Assemblymembers Sharon Quirk-Silva and Steven Choi co-authored Assembly Bill (AB) 1595 to allow the California Department of Veterans Affairs to acquire, design, develop, construct and equip a state-owned and state-operated veterans cemetery in Orange County.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orange as follows:

1. That the City of Orange enthusiastically supports AB 1595.

2. That the City of Orange encourages the California Department of Veterans Affairs to avail itself of the urgency clause in AB 1595 and immediately start an acquisition study of a proposed cemetery location at Gypsum Canyon.

3. That the City of Orange looks forward to the prompt development of veterans cemetery in Orange County so that we may honor the men and women who served our country and deserve the right to be buried close to home.

ADOPTED this ____ day of ____________________, 2022
Mark A. Murphy, Mayor, City of Orange
ATTEST:

Pamela Coleman, City Clerk, City of Orange
293
2 STATE OF CALIFORNIA )

COUNTY OF ORANGE )

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Pamela Coleman, City Clerk, City of Orange
294
February 8, 2022
The Honorable Sharon Quirk-Silva
Assemblymember, 65th District
1440 North Harbor Boulevard, Suite 270
Fullerton, CA 92835
The Honorable Steven Choi, Ph.D.

Assemblymember, 68th District
3240 El Camino Real, Suite 110
Irvine, CA 92602
SUBJECT: AB 1595 –Veterans Cemetery, County of Orange–SUPPORT Dear Assemblymember Quirk-Silva and Assemblymember Choi:

On behalf of the City of Orange, thank you for authoring Assembly Bill (AB) 1595 to allow the California Department of Veterans Affairs (CalVet) to design, develop, and construct a state-operated veterans cemetery in Orange County. Home to former Army, Navy, and Marine bases and an estimated 104,949 veterans, Orange County is California’s largest county without a veterans cemetery.

On July 27, 2021, the Board of Supervisors unanimously approved allocating $20 million exclusively for site development of a veterans cemetery at Gypsum Canyon and adopted a resolution to move forward with planning and developing a site to honor and respect the men and women who served our great country. The Board previously allocated over 200 acres of county-owned land at Gypsum Canyon in Anaheim Hills near the intersection of the 91 freeway and 241 toll road, which has been deeded to the Orange County Cemetery District (OCCD) for the purpose of building a veterans cemetery.

The County and OCCD have met with CalVet regarding the Gypsum Canyon site. CalVet is aware that the property will have a separate public civilian cemetery adjacent to it, and that it will be constructed and financed by OCCD separately from a veterans cemetery. OCCD will pay all costs to bring utilities and shared infrastructure to the property.

After years of delay due to lack of consensus on a location, the County’s $20 million commitment along with OCCD’s financing plan offer an unprecedented opportunity to immediately begin funding the site. All 34 Orange County cities have adopted resolutions supporting the Gypsum Canyon site. In addition, a bipartisan majority of Orange County state and federal delegation members, numerous veterans organization leaders, and more than 140 local elected officials all enthusiastically support a veterans cemetery at Gypsum Canyon. However, legislation is needed to amend the Military & Veterans Code in order to proceed.

AB 1595 would allow CalVet to acquire, study, design, develop, construct, and equip a state-owned and state-operated Southern California Veterans Cemetery in Orange County so that we may honor the men and women who served our country and who deserve the right to be buried in Orange County. For these reasons, the City of Orange supports AB 1595.

Sincerely,
Mark A. Murphy, Mayor, City of Orange
295
Cc: Assemblymember Jacqui Irwin: Chair, Assembly Military & Veterans Affairs Committee Senator Bob Archuleta, Chair – Senate Military & Veterans Affairs Committee Christian Burkin – Chief Consultant, Assembly Military & Veterans Affairs Committee Veronica Badillo – Staff Director, Senate Military & Veterans Affairs Committee Members, Orange County Legislative Delegation
Members, Orange County Board of Supervisors
Members, Orange City Council
296
Agenda Item
City Council
Item #: 7.2. 2/8/2022 File #: 22-0051
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
An overview of the Code Compliance Division’s operations

2. SUMMARY
A description of the Code Compliance Division of the Community Development Department. This report provides a brief summary of operations and information on current staffing levels, staffing comparisons to other local agencies, and case statistics.

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b. Provide staffing and resources to deliver services that ensure public safety Goal 3: Enhance and promote quality of life in the community c. Support and enhance attractive, diverse living environments

6. DISCUSSION AND BACKGROUND
The Code Compliance Division is housed within the Community Development Department and its main focus is to ensure the City’s residents and businesses are in compliance with the Orange Municipal Code, as well as with state and federal housing and building codes. Recent additions to the Code Compliance Division include code issues related to accessory dwelling and junior accessory dwelling units (ADU and JADU) as well as short-term rentals (STR’s). Due to State legislation restricting local jurisdiction administration in regulating ADU/JADU’s, the community’s response to quality-of-life issues in single-family residential areas has required additional oversight by the Division. Likewise, the new STR program, while not significant yet, is anticipated to also add another layer of compliance with little knowledge at this time of the impact to current operations. In addition, the Division is responsible for processing and managing Special Event Permits for all private and non-profit organizations. In managing the 26-square mile area of the city, Code Compliance staff is assigned to designated areas to manage all aspects of code compliance as City of Orange Page 1 of 3 Printed on 2/3/2022
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Item #: 7.2. 2/8/2022 File #: 22-0051
illustrated in Attachment A.

Staffing
Prior to 2013, the Code Compliance Division consisted of seven positions including one Supervisor, one administrative assistant, and four full-time and one part-time Code Compliance Officers (COOs).

In 2013, as a result of the recession, one full-time COO position was frozen when the employee retired, and eventually eliminated in 2020. It should be noted, the Code Compliance Supervisor position has been vacant since the end of 2019 and is in the process of being filled. To provide more insight, the following is a comparison of staffing levels for local agencies:

City Sq. Miles Population Staffing Avg Citizens to
Officers
Orange 25.81 139,887 1 Supervisor 3
FT COO’s 1 PT
COO 1 Admin
39,968 to 1
Costa Mesa 15.81 113,159 1 Manager 1
Supervisor 8 FT
COO’s 3 PT
COO’s
11,911 to 1
Brea 12.21 42,678 1 COO 42,678 to 1
Buena Park 10.55 84,034 1 Supervisor 2
FT COO’s 1 PT
COO
33,614 to 1
Fountain Valley 9.08 56,026 1 Supervisor 1
PT COO
37,351 to 1
Huntington Beach 28.33 200,259 1 Supervisor 10
FT COO’s 1
Admin
20,026 to 1
Tustin 11.12 79,863 1 Senior COO 2
FT COO’s 1 PT
COO
22,818 to 1
As listed above, Orange’s Code Compliance Division has the second to lowest number of COO’s per citizen, covering one of the larger geographic areas in Orange County. An average number of COOs per citizen, based on the cities surveyed above, is 29,767. This calculation demonstrates the City of Orange, with its population and size, is operating its Code Compliance Division with fewer resources than all but one other nearby city.

Most recently during a staffing restructuring, two positions (one from Public Works and one from the Police Department) were transferred to the Code Compliance Division to ensure citywide compliance issues are housed in one area for consistency. The position transferred from Public Works (Environmental Compliance Specialist) retained the duties associated with maintaining all public right -of-way including bus shelter inspections, illegal dumping, overgrow vegetation, trash can complaints, and right-of-way encroachments to name a few. The responsibilities of the vacant Police Code Enforcement Officer were assumed by the COOs and include graffiti on private property and code compliance issues associated with illegal activities. While the Code Compliance Division recently City of Orange Page 2 of 3 Printed on 2/3/2022
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Item #: 7.2. 2/8/2022 File #: 22-0051
compliance issues associated with illegal activities. While the Code Compliance Division recently increased staffing to eight, the two added positions retained their previously established responsibilities now assumed by the Division.

Statistics
Prior to 2020, the number of code compliance cases was consistently 1,700-1,800 per year; however, the number of cases opened has dropped these past two years:
2018 1,737 2020 1,300
2019 1,739 2021 1,253
Of the 1,253 cases in 2021, 341 (27%) were opened via the new Orange 24/7 app. The Orange 24/7 app became available in the spring of 2021 and use by the public has consistently increased since its launch. In looking at the history of code compliance cases, there are a few factors explaining the recent decrease:
· The former Supervisor retired at the end of 2019 and the position has been vacant since. · While not definitive, as in other areas of Community Development, the COVID-19 pandemic resulted in a reduction of new cases but, there was a new focus in responding to questions and complaints from the public with regards to state and county COVID-19 restrictions. · With the decrease in staffing, some areas of code compliance were deferred, such as inspections of affordable housing and proactive code compliance.

As mentioned earlier, Special Event Permits for private and non-profit organizations are also issued by the Code Compliance Division. This process includes assisting the applicants in providing the required documentation, confirming liability coverage, and coordinating the review and approval by City departments. While the COVID-19 pandemic prevented most special events these past two years, the City issues an average of 27 Special Event Permits per year.

One area that has seen an increase is in graffiti cases. In 2021, the number of cases was 254, an increase of 80 (46%) from 174 in 2019. A likely explanation for this can be attributed to use of the new Orange 24/7 app. However, it is difficult to determine how many of the 341 cases noted above were related to graffiti alone as the cases were not distinguished.

It is clear that our Code Compliance Division requires some adjustments as a result of public expectations. Once the Code Compliance Division is fully staffed, it is the intention that the current structure will be re-evaluated for future operations, so as to best meet the evolving needs of the organization and the community. This action is anticipated to be completed by early summer 2022.

7. ATTACHMENTS
· Attachment A: Code Enforcement Designated Area Map
City of Orange Page 3 of 3 Printed on 2/3/2022
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Agenda Item
City Council
Item #: 7.2. 2/8/2022 File #: 22-0051
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Susan Galvan, Interim Community Development Director

1. SUBJECT
An overview of the Code Compliance Division’s operations

3. RECOMMENDED ACTION
Receive and file.

4. FISCAL IMPACT
None.

6. DISCUSSION AND BACKGROUND
The Code Compliance Division is housed within the Community Development Department and its main focus is to ensure the City’s residents and businesses are in compliance with the Orange Municipal Code, as well as with state and federal housing and building codes. Recent additions to the Code Compliance Division include code issues related to accessory dwelling and junior accessory dwelling units (ADU and JADU) as well as short-term rentals (STR’s). Due to State legislation restricting local jurisdiction administration in regulating ADU/JADU’s, the community’s response to quality-of-life issues in single-family residential areas has required additional oversight by the Division. Likewise, the new STR program, while not significant yet, is anticipated to also add another layer of compliance with little knowledge at this time of the impact to current operations. In addition, the Division is responsible for processing and managing Special Event Permits for all private and non-profit organizations. In managing the 26-square mile area of the city, Code Compliance staff is assigned to designated areas to manage all aspects of code compliance as City of Orange Page 1 of 3 Printed on 2/3/2022
powered by Legistar™300
Item #: 7.2. 2/8/2022 File #: 22-0051
illustrated in Attachment A.

Most recently during a staffing restructuring, two positions (one from Public Works and one from the Police Department) were transferred to the Code Compliance Division to ensure citywide compliance issues are housed in one area for consistency. The position transferred from Public Works (Environmental Compliance Specialist) retained the duties associated with maintaining all public right -of-way including bus shelter inspections, illegal dumping, overgrow vegetation, trash can complaints, and right-of-way encroachments to name a few. The responsibilities of the vacant Police Code Enforcement Officer were assumed by the COOs and include graffiti on private property and code compliance issues associated with illegal activities. While the Code Compliance Division recently City of Orange Page 2 of 3 Printed on 2/3/2022
powered by Legistar™301
Item #: 7.2. 2/8/2022 File #: 22-0051
compliance issues associated with illegal activities. While the Code Compliance Division recently increased staffing to eight, the two added positions retained their previously established responsibilities now assumed by the Division.

7. ATTACHMENTS
· Attachment A: Code Enforcement Designated Area Map
City of Orange Page 3 of 3 Printed on 2/3/2022
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SANTA
SANTA

GROVE GARDEN
ANA
RIVER
ANA
CREEK
FWY
FWY
COSTA
FWY
ORANGE
FWY
MESA

EA ST ERN TRANSPORTATION

CORRID OR (EAST LEG)

CORRIDOR (NORTH LEG) EASTERN TRANSPORTATION

EASTERN TRANSPORTATION

CORRIDOR (WEST LEG)

SAN TIAGO

GARDEN GROVE
ST
BLVD

BALL RD
ST

GLASSELL
RD
TAFT

KA TEL L A
ST
ST
AVE
AVE
AVE
NOHL

PROSPECT
RD
BLVD
AVE
HEWES
S T
ST

TAFT AVE

ST SHAFFER

LINCOLN
ST

CANY O N
RD
TUSTIN

FAIRHAVEN AVE

ORANGEWOOD
AVE
ST
WALNUT
H WY
LEWIS

GLASSELL
AVE
LA
VETA
ST

DR CENTER

ESPLANADE ST

ORANGE PARK
ST
ST
ST

BATAVIA
AVE
AVE

HANDY YORBA

FOOTHILL BLVD

FOOTHILL BLVD
VIEW
CANYON

CA N NON ST
RD
TAFT
TUSTIN
MEATS
AVE
AVE
HEIM

CHAPMAN

AVE CHAPMAN AVE
AVE

ORANGE OLIVE
RANCHO

CANNON ST

BOND AVE
ST
RANCH

FLETCHER

ECKHOFF

COLLINS

RIVERDALE

MEATS SANTIAGO
AVE
AVE

VILLA PARK
AVE
AVE

KATELLA
AVE

LA VETA AVE
FLOWER
MAIN
WALNUT
AVE

CHAPMAN

CAMBRIDGE

PROSPECT AV

ST YORBA
HEWES

SANTA CLARA

NEWPORT BLVD

NEWP OR T BLVD

JAMBOREE
BLVD

CRAWFORD CAN YON RD

BRISTOL ST

ST MAIN

DR CITY
THE

SERRANO
AVE
ST

FAIRHAVEN AVE

N EWPORT BLVE

DODGE AV DODGE AVE
GRAND

SANTIAGO
BLVD

SERRANO
AVE

STATE COLLEGE BLVD STATE COLLEGE BLVD

RD BALL

KATELLA AVE

SPRING ST
AVE
AVE

VIA ES C OLA
VIA
BLVD
AVE

TUSTIN AVE

CANNON ST

SANTIAGO

CANNON ST

IM PE RIAL

BIG SKY LN

N O HL RANCH RD
ESCOLA
C ANAL

NEWPORT

SANTIAGO
RD
CANYON

SANTIAGO CANYON RD
COUNTY
ORANGE
PARK
ACRES
NORTH

EL MODENA
COUNTY
COUNTY

EL MODENA
OLIVE
TUSTIN

ANAHEIM
ORANGE

SPHERE OF

INFLUENCE

ANAHEIM
COUNTY
GARDEN
GROVE

SANTA ANA

VILLA PARK
ORANGE

SPHERE OF

INFLUENCE
§¨¦241
§¨¦241
§¨¦261
§¨¦55
§¨¦22
§¨¦5
§¨¦57
§¨¦91
§¨¦57
§¨¦91
§¨¦55
§¨¦241

CITY OF ORANGE
300 E CHAPMAN AVE
ORANGE, CALIFORNIA 92866

CODE ENFORCEMENT I
OFFICER AREAS 0.5 0.25 0 0.5 1 1.5 Miles Map prepared by :

Public Works G.I.S. Section
Date Saved: January 19, 2022
Legend
AREA 1
AREA 2
AREA 3
AREA 4
Attachment A: Code Enforcement Designated Area Map 303
Agenda Item
City Council
Item #: 7.3. 2/8/2022 File #: 22-0066
TO: Honorable Mayor and Members of the City Council
THRU: Thomas R. Hatch, Interim City Manager
FROM: Will Kolbow, Assistant City Manager/Admin. Services Director

1. SUBJECT
Status of Fiscal Year 2021-22 budget and preliminary projections for Fiscal Year 2022-23 budget preparation.

2. SUMMARY
This mid-year report provides an update of the Fiscal Year 2021-22 budget and work plans. In addition, this report also presents a brief review of the Fiscal Year 2022-23 budget, which is currently being prepared.

3. RECOMMENDED ACTION
Receive and file report, and approve in one motion the following: